Title & Closing Services

SCOPE OF WORK FOR TITLE SEARCH AND CLOSING SERVICES OBJECTIVE The USDA Natural Resources Conservation Service (NRCS) in Florida requires the services of a Closing Agent for the performance of real estate closing services in the State of Florida and is issuing a Request for Proposal. THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FEDERAL ACQUISITION REGULATION SUBPART 12.6, AS SUPPLEMENTED WITH ADDITIONAL INFORMATION IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION AND PROPOSALS ARE HEREBY BEING REQUESTED. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-52. This acquisition process is being conducted in accordance with FAR Subparts 12, 13 & 15 and prepared in accordance with the format in Subpart 12.6, as supplemented with additional information in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. THIS IS A SMALL BUSINESS SET-ASIDE. The primary North American Industrial Classification System Code (NAICS) is 541191. I. SCOPE OF SERVICES The Contractor shall furnish all closing services, including obtaining title insurance from a title company approved by the United States Attorney General. The Contractor will perform the same closing services as in a commercial transaction: obtaining and updating chain(s) of title, including copies of all instruments that created rights, interests, or encumbrances on the property. Providing easement boundary and ingress and egress descriptions, providing preliminary title commitments and issuing final title insurance policies, disbursement of funds, obtaining deeds, working with landowners to clear exceptions on title on the property, and any necessary curative instruments to assure merchantable insurable title in the name of the United States of America to the wetland easement. The closing services will be performed in the county courthouse of the county in which the wetland easement is located, unless the Contractor and landowner mutually agree to a different location. II. STANDARDS AND RESPONSIBILITIES The Contractor is responsible for having a current knowledge of the requirements of state law in connection with closing real estate transactions and title clearance. The title insurance company must be on the United States Attorney General's list of approved companies and must comply with all state laws, including title insurance reserves requirements. The Contractor must be an approved agent licensed to do title insurance business in the State. The title insurance company must be approved by the State Insurance Commissioner. The Contractor will provide evidence of liability insurance coverage for errors and omissions in the amount of at least $1,000,000 and fidelity coverage of at least $500,000 on each individual who will have access to the WRP funds or provide an indemnification agreement from the title insurance for which the Contractor will close the transaction(s) satisfactory to the NRCS providing for reimbursement to NRCS for any loss caused by fraud or dishonesty or failure by the attorneys, agents, or employees of the Contractor to comply with NRCS' written closing instructions. The ALTA Closing Protection Letter Revised 3/27/87 is satisfactory to meet this condition of responsibility. Evidence of liability must be provided prior to contract award. III. DESCRIPTION OF SERVICES A Class D-Boundary survey will be provided to the contractor within 45 days of award. Once the survey is received, the Contractor must obtain the Commitment for Title Insurance. The Contractor shall provide title insurance covering both the easement area and the access area to and from the easement and must commit to issuing the final title policy to the "United States of America, by and through the Secretary of Agriculture" on the ALTA U.S. Policy Form 9/28/9. The name of the insured on the policy should read: United States of America The title search will be for a sufficient period of time for the title company to insure the title without objectionable exceptions, and will determine all owners of record, outstanding mortgages, liens, judgments or pending suits, outstanding tax claims, easements or rights of ways of any type, whether oil, gas, and mineral interests have been severed, and any other exceptions that may cloud the title of the easement to be purchased. The Contractor will be required to obtain the execution and recordation, as needed, of such items as Warranty Easement Deed, other deeds, releases, full or partial satisfactions of mortgages, subordinations, lien waivers, affidavits of materialmen liens, child support, and various types of releases of encumbrances on the property. Upon completion, the Contractor will forward the following documents to NRCS: Warranty Easement Deed Subordination Agreements, if applicable Survey, original and one copy for DC Title Commitment, original and one copy for DC Invoice Other documentation as required. The Contractor will submit the above preliminary package to the Contracting Officer not later than 10 business days from receipt of the survey plat. The Contractor will also include a copy of the invoice for the title insurance premium. The Contractor will forward one copy of the title commitment to the local District Conservationist (DC). Upon receipt of the required documents, NRCS will obtain from its Office of General Counsel (OGC) a Preliminary Title Opinion (PTO) which will set out any exceptions to the title. OGC will determine which exceptions are acceptable and which exceptions must be cured. The Contractor will not close any transaction or record deeds or other instruments prior to receiving the PTO. At this time, NRCS will process the landowner's easement payment along with payment for the title insurance expense. On receipt of the PTO, the Contractor will be required to close the transaction in the county courthouse in which the property is located or at a place mutually satisfactory to the Contractor and landowner within 10 business days of receipt of payments. The Contractor will not close any transaction until funds are received. The Contractor will close the transaction, record the deeds and other instruments as necessary and insure that the following have occurred: 1. No new encumbrances have been recorded against the subject property since the date of the title commitment. 2. Receipt, execution, and recordation of the Warranty Easement Deed from the landowner. 3. Delivery of the policy of title insurance referred to below. 4. All exceptions required to be removed, released, subordinated, waived or otherwise handled as set forth in the Preliminary Title Opinion from the Office of the General Counsel have been completed and the applicable clearance documents recorded. Complete the closing checklist from OGC. 5. All taxes, assessments, etc., are paid to the date that the Warranty Easement Deed is recorded. 6. Furnish a Final Title Policy in an insured amount which is the same as the consideration paid for the wetland easement. The Final Title Policy shall be on ALTA U.S. Policy Form 9/28/91 and will be issued by a title insurance company that is on the Attorney General's approved list. 7. Comply with any listed title commitment or binder requirements. 8. Prepare/submit IRS Form 1099-S for all easement payments. If any new encumbrances have been recorded against the subject property since the date of the title commitment, the Contractor will immediately notify the Contracting Officer (CO) and will not proceed until further instructions are received. Upon completion of the closing, the Contractor will send to NRCS the U.S. Policy Form 9/28/91, naming the United States of America as the insured, in the amount of the purchase price as of the date and time of recording of the Warranty Easement Deed to the United States of America. The policy of title insurance will be free and clear of any and all encumbrances (exceptions) to the title except those shown as acceptable in the OGC Preliminary Opinion. At the time of closing, the Contractor will provide a Settlement Statement to the landowner, in the form similar to HUD-1 (8-87) RESPA, HB 4305.2. The Contractor will return the package, to the Contracting Officer and one copy to the local DC within five business days following closing. The package shall include the following: 1. The invoice covering the agreed upon closing cost. 2. Policy of title insurance (original and one copy). 3. The original recorded copy and one copy of the Warranty Easement Deed to the United States of America. 4. The original and (one copy to landowner) of the settlement statement. 5. Certified copies of any title clearance documents showing the recordation date. Upon receipt of the final documents, NRCS will obtain a Final Title Opinion (FTO) from the OGC. Upon receipt of the FTO, NRCS will process the Contractors' payment upon receipt of a proper invoice. IV. DELIVERY Delivery of the preliminary package will be due 10 business days from the receipt of the survey plat. Upon receipt of the PTO, the Contractor will close the transaction with 10 business days of receipt of payment. V. PAYMENTS The Contractor will provide separate billing for the contract price for the closing transaction, and a separate invoice for the reimbursable expenses, such as the title insurance fee and court costs. The contractor will be paid a flat fee for services rendered which is inclusive of all travel expenses, copy costs, telephone charges, and charges of a like nature. Requests for payment should be made to the WRP Coordinator at PO Box 141510 Gainesville, FL 32614. The WRP Coordinator's fax number is 352-338-9578. The WRP Coordinator will review the invoice and works completed and recommend payment. VI. CONFLICT OF INTEREST A Contractor will not close on a WRP easement purchase for a spouse, children, partners or business associates, nor have a financial interest in the real estate to be covered by the proposed easement. VII. AUTHORITY Only the NRCS Contracting Officer may authorize a modification to this contract. Any questions may be directed to the Contracting Officer. The government contemplates fixed price, multiple awards of indefinite delivery-indefinite quantity contracts as a result of this competition. Projects could be anywhere in the state of Florida. Period of Performance: The initial contract period will be for one year and will have four 1 year options. The maximum dollar amount over the life of the contracts will be $1,000,000. There is a $500 guaranteed minimum during the base year and no guaranteed minimum for the option years. Applicable Clauses and Qualifications: The following FAR Clauses/Provisions are available at https://www.acquisition.gov/far/ and apply to this solicitation: 52.212-1 Instructions to Offerors-Commercial Items, 52.212-2 Evaluation-Commercial Items (see Selection Criteria below), 52.212-3 Offeror Representations and Certifications-Commercial Items (must be completed and submitted with proposal), 52.212-4 Contract Terms and Conditions-Commercial Items, 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (clauses 52.219-6, 52.222-3, 52.222-26, 52.222-35, 52.232-36, 52.232-33, 52.222-42, 52.222-43 apply). A completed (contractor part only) and signed SF 1449, which can be accessed through the www.gsa.gov website must also be returned with the proposal. Selection Criteria: Evaluation factors are listed in descending order of importance: a. Professional qualifications of key personnel necessary for satisfactory performance of required services. Contractor must include resumes and copies of professional license(s) for principal staff involved in the examination of documents. b. Specialized experiences and technical competence in the type of work required. Demonstrate experience in reviewing complex title documents and Class D Boundary Survey plats. c. Past performance on contracts with Government agencies and private industry in terms of quality of work, cost, control, and compliance with performance schedules. 1. Provide contact information for 3 references (preferably Government). 2. Provide a sample closing document. 3. Describe how the closing price was established on the sample document above (list relevant factors used to establish price). d. Locations in the State of Florida in which jobs have been performed. Firms shall list the counties where they are willing to work. e. Cost VIII. NONDISCLOSURE Work performance required by this scope of work will involve access to potentially sensitive information about governmental and landowner issues. All contractor personnel must comply with the terms of the AGAR 452.224-70, "Confidentiality of Information," as well as provisions of the Privacy Act of 1974, 5 U.S.C. Section 552a. Additionally, the contractor's employees must comply with the requirement for privacy of personal information relating to natural resources conservation programs, in accordance with Section 1244 of Title II of the Farm Security and Rural Investment Act of 2002 (Public Law 107-171). IX. CIVIL RIGHTS AND PROGRAM DELIVERY By signing this agreement, the contractor assures the Department of Agriculture that the program activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and polices. X. PROPOSAL SUBMISSION The government intends to award based upon the best value to the government cost and price considered. Those small business firms meeting the requirements above must submit one (1) original and four (4) copies of Contractor proposals addressing the selection criteria above, by close of business July 22, 2011 to USDA/NRCS, Attn: Angela Allen, 2614 NW 43rd Street, Gainesville, FL 32606. Facsimile transmissions will not be accepted.