R--Title Search of Property Sorrounding proposed BLP facility

The Statement of Work is as follows: Contractor qualification: All title evidence must be obtained from qualified attorneys, abstracters, title companies, or federal employees familiar with the preparation of such evidence in the jurisdiction in which the lands are situated. They should have no interest in the land to be acquired; and not be related to the vendors. Abstracters must be attorneys at law or professional or official abstracters qualified and authorized by law to prepare and certify to abstracts in the state where the land lies. Title companies and their issuing agents must be qualified and authorized by law to furnish abstracts, certificates of title, or title insurance policies in the state where the land lies. Statement of Work: Contractor shall perform a real property title search in Orange and Jefferson counties in Texas on properties that surround the Beaumont Reserve Fleet anchorage, located on the Neches River about 7 miles below Beaumont at the McFadden Bend Cut-off. The title search shall include information regarding oil, gas and mineral interests applicable to the relevant properties. Deliverable: Certified documentation reflecting results of title search. The title search shall conform to the standards set out in the U.S. Department of Justice "Title Standards 2001" (March 23, 2001) and specifically conform to Section 9 of Title Standards 2001 "Special Standards for Texas." In the event of a conflict between the general terms of Title Standards 2001 and the specific terms of the "Special Standards for Texas," the latter shall control. In general, the character and scope of the evidence of title shall: " consist of a reasonably diligent search of the records, considering the character and value of the property involved and the interests to be acquired; " disclose the name of each person in whom title to any interest is vested of record and all additional persons or entities who might have, or who claim to have an interest in the property; and " contain a sufficient summary of the material facts for the purpose of determining the validity of title when exceptions or objections to the title are noted. Acceptable forms of title evidence include any of the following types of evidence prepared in accordance with the requirements of these standards, by approved abstracters, attorneys or title companies3: 1. abstracts of title; 2. Certificates of Title and 3. title insurance commitments (binders, preliminary reports on title, etc.) which anticipate the issuance of a title insurance policy. Also acceptable are: 4. Owners' duplicate certificates of title issued pursuant to satisfactory state systems of title registration similar to the Torrens system. 5. Copies of public title records duly authenticated by their official custodian or certified by an approved abstracter, attorney or title company. Evidence of title acceptable to prudent attorneys and title examiners in the locality in which the land is situated will ordinarily be acceptable. An opinion of title prepared by a private attorney could be deemed to be sufficient evidence of title if, in the opinion of the reviewing federal agency attorney, it provides full disclosure of all matters affecting the title along with the attorney's comments and recommendations relating thereto. If such a private attorney's opinion is deemed to be acceptable, then the federal agency attorney would issue his/her own opinion based on the information contained in the private opinion. Ordinarily, one abstract, certificate, etc. will be obtained for all interests in each contiguous area of land in the same ownership. Lands will be deemed to be contiguous although portions thereof are separated by roads, railroads or other rights of way, streams, etc.