Title Commitment and Closing Services for Conservation Easements in South Dakota

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation Subpart 13, as supplemented with additional information in this notice. This announcement constitutes the only solicitation; proposals are being requested. Solicitation AG-6740-S-11-0004 is issued as a request for proposals (RFP's). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-38. The Federal Acquisition Regulations (FAR) and the Agriculture Acquisition Regulations (AGAR) clauses and provisions referenced in this solicitation can be found in full test at http://www.arnet.gov/far and http://www.da.usda.gov/procurement/policy/agar_x/agar04.pdf. The United States Department of Agriculture, Natural Resources Conservation Service (NRCS), South Dakota State Office intends to award multiple Blanket Purchase Agreements (BPA's) to small business sources capable of providing title commitment and closing services for conservation easements. This is a Total Small Business Set Aside. The applicable NAICS Code is 541191, with a business size standard of $7.0M. Title commitment and closing services will be for conservation easements located in the State of South Dakota. The contractor shall furnish all closing services, including obtaining title insurance from a title company approved by the U.S. Attorney General. The contractor will perform the same closing services as a commercial transaction, including abstracting, disbursement of funds, obtaining deeds and any necessary curative instruments to assure merchantable title to the conservation easement. NRCS envisions entering into Multiple Blanket Purchase Agreements (BPA's) with qualified offerors capable of providing title commitment and closing services. A BPA is a method of filling anticipated repetitive needs. It is not a contract. The Government is not obligated to place any orders nor is the vendor obligated to accept any orders. For each work assignment, the Government will request title services through the issuance of a BPA call order from those firms that have been awarded BPA's. The Statement of Work is attached to this solicitation. Individual call orders shall be submitted in accordance with the terms agreed to in the BPA's. Government personnel authorized to place call orders under the BPA will be identified on the BPA's by name and telephone number. The contractor will be expected to furnish the service in accordance with the terms and conditions of the BPA, without the need for additional paperwork beyond the Statement of Work that accompanies the order. Timely delivery of complete and accurate title commitments is crucial to the success of NRCS programs. Call orders are to be completed within fifteen (15) business days of the call order date. If the contractor is unable to provide the title work within the 15 business day period, NRCS is to be notified; otherwise, it is expected to receive the title work within 15 business days. PERIOD OF PERFORMANCE: Title Commitment and Closing Services are being sought for a period of five years with a contract period of September 1, 2011 to August 31, 2016. The ceiling price shall be $500,000 maximum over the five year period. The BPA will remain in effect until cancelled by either party. STANDARDS AND RESPONSIBILITIES: Title Commitment and closing services must comply with the Department of Justice (DOJ) Title Standards 2001. This guide can be accessed at the following website: http://www.usdoj.gov/enrd/Legal_Topics/Legal)Docs_Title_Standards.html. The Offeror must be 1) knowledgeable of current requirements of South Dakota State Law in connection with closing real estate transactions and obtaining title clearances; 2) be an approved agent licensed to do title insurance business in the State of South Dakota; 3) use a title insurance company that is on the United States Attorney General's list of approved companies and also approved by the State Insurance Commissioner in order to assure compliance with all state laws, including title insurance reserve requirements; and 4) provide evidence of liability insurance coverage (standard closing protection letter) 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 perform substantially on the closing process of an easement; or provide an indemnification agreement, satisfactory to NRCS, from the title insurance company providing for reimbursement to NRCS for any loss caused by fraud or failure by the attorneys, agents, or employees of the contractor to comply with NRCS' written closing instructions. The provisions of FAR 52.212-1, Instructions to Offerors-Commercial Items applies to this acquisition. Offerors must submit a completed copy of the provisions at FAR 52.212-3, Offerors Representations and Certifications - Commercial Items with their offer. In addition, the provisions of FAR 52.212-4 Contract Terms and Conditions - Commercial Items and FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial items apply to this solicitation and are attached. EVALUATION PROCEDURES: The following factors shall be used to evaluate offers: 1. Technical Capacity - a narrative of the offer's technical ability to provide personnel with education and experience required to perform the work described in the Statement of Work. Ability to perform in a timely manner and in compliance with performance schedules and quality of work for title work performed. Ability to perform simultaneously on multiple services. 2. Price each item noted in the attached schedule. 3. Past Performance - past experience in performing the work described in the Statement of Work, as well as experience in the area proposed. Past performance ratings demonstrating a commitment to customer satisfaction and timely delivery of quality services at fair and reasonable prices. This may include a list of references and letters of recommendation with company seal or logo may be submitted for evaluation purposes. Technical and past performance when combined, are equal to price. CENTRAL CONTRACTOR REGISTRATION: All contractors must be registered with the Central Contractor Registration (CCR) to be awarded a BPA. You may register easily and quickly online at www.ccr.gov or 1-888-227-2423. The first step to registering is to obtain a Data Universal Numbering System (DUNS) number, which is a unique nine-character identification number provided by the commercial company Dun & Bradstreet (D&B). To request a DUNS number call D&B at the toll free number 1-866-705-5711 or register online at http://www.dnb.com/ccr/register.html. Obtaining a DUNS number through this process is free of charge. It is advised that you begin this process as soon as possible since it can take several days to complete. Failure to register by close of business on the third day after notification of possible award by the Contracting Officer, may cause rejection of your offer. Interested Contractors wishing to enter into a BPA should reply in writing to the Contracting Officer listed below no later than August 24, 2011 at 2:00 p.m. Central Time. Offers should be addressed to the following: United States Department of Agriculture Natural Resources Conservation Service South Dakota State Office ATTN: Andrea Kannegeiter, Contract Specialist 200 Fourth Street Huron, SD 57350 Place the solicitation number in the upper left corner of the envelope. Offerors must submit the following to the address noted above: a. Provide Contractor Name, Address, Phone, Fax, and Email. b. Return the completed "Schedule" specifying pricing for Preliminary Title Commitments and closing services and the counties in South Dakota in which you are willing to complete this work. c. Provide evidence of liability insurance coverage as outlined above; d. Describe staffing level that will enable you to perform simultaneously on multiple call orders. e. Provide qualification information for key personnel (any any regularly and frequently used sub-contractors) expected to participate in the work under the BPA, this information should include years of experience, types of title services prepared, and experience in the areas proposed. f. Provide a listing of previous experience in completing Government requested closing services, including a point of contact for each Government closing you have previously worked on. In the alternative, provide a list of references and letters of recommendation with company seal or logo.