SOLICITATION NOTICE
R -- Title and Closing Services for Easement Programs - Solicitation AG-6322-S-10-0005
- Notice Date
- 5/24/2010
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541191
— Title Abstract and Settlement Offices
- Contracting Office
- Department of Agriculture, Natural Resources Conservation Service, Minnesota State Office, 375 Jackson Street, Suite 600, St. Paul, Minnesota, 55101-1854
- ZIP Code
- 55101-1854
- Solicitation Number
- AG-6322-S-10-0005
- Archive Date
- 7/3/2010
- Point of Contact
- Todd R Davis, Phone: 651-602-7932
- E-Mail Address
-
todd.davis@mn.usda.gov
(todd.davis@mn.usda.gov)
- Small Business Set-Aside
- Total Small Business
- Description
- Wage Determination for Area 6, 7, 8 and portions of 3, 4 and 5. Wage Determination for portion of Area 3. Wage Determination for Area 1, 2 and portions of 3, 4 and 5. Statement of Work. Copy of the notice description.. (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format specified in Federal Acquisition Regulation Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The type of contract(s) to be awarded will be a requirements type task order contract(s) as specified in FAR Part 16 and work will be ordered through the issuance of individual task orders on an as-needed basis (for surveys in the respective geographic areas) and in accordance with the resultant solicitation and contract (i.e. requirements, ordering limitations clauses, etc.) beginning approximately July 1, 2010, or the date of award, whichever is latest, through September 30, 2010 for the base year, with the option on the part of the Government to renew for two (2) separate option periods of one year each. This office intends to award up to eight (8) contracts as a result of this solicitation. No vendor will be awarded more than two areas, but vendors must specify the area number(s) for which they want to be considered in order of preference. For example, a vendor may submit for consideration for all areas 1 through 8, but no more than two areas could be awarded to that contractor. (ii) Solicitation Number AG-6322-S-10-0005 – This solicitation is issued as a Request for Proposal (RFP) (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-41. (iv) This is a 100% small business set aside. NAICS code 541191 -- Title Abstract and Settlement Offices, which has a size standard of $7 million (annual revenue). (v) Pricing must be held for 90 calendar days after the due date for proposals listed in this notice to provide for adequate time to evaluate offers and make awards. All other costs for services provided must be allocated to one of the contract line items below. Any costs for clearing exceptions to the title will be proposed to the Contracting Officer and agreed upon between the parties through modification to an individual task order prior to rendering the services. Separate reimbursement for any other costs will not be made. A separate price schedule must be provided for each geographic area an offer wishes to be considered for. The following are estimates of easement closings over the past two years, but these are estimates only are not guaranteed by any resultant contract (see 52.216-19, Order Limitations clause further below). Each area has averaged between 8 and 20 easements per year. Base (Award Date – 9/30/2010) Item DescriptionQtyUnitUnit Price 001Updating Abstract (per abstract)1EA$ ____________ 002Developing New Abstract (per abstract)1EA$ ____________ 003Title Search (per abstract)1EA$ ____________ 004Title Commitment/Opinion (per easement)1EA$ ____________ 005Title Insurance Premium (per easement, rounded up)1$1,000 value$ ____________ 006Closing Services (per easement)1EA$ ____________ 007Recording Fee (per document)1EA$ ____________ Option 1 (10/1/2010 – 9/30/2011) 008Updating Abstract (per abstract)1EA$ ____________ 009Developing New Abstract (per abstract)1EA$ ____________ 010Title Search (per abstract)1EA$ ____________ 011Title Commitment/Opinion (per easement)1EA$ ____________ 012Title Insurance Premium (per easement, rounded up)1$1,000 value$ ____________ 013Closing Services (per easement)1EA$ ____________ 014Recording Fee (per document)1EA$ ____________ Option 2 (10/1/2011 – 9/30/2012) 015Updating Abstract (per abstract)1EA$ ____________ 016Developing New Abstract (per abstract)1EA$ ____________ 017Title Search (per abstract)1EA$ ____________ 018Title Commitment/Opinion (per easement)1EA$ ____________ 019Title Insurance Premium (per easement, rounded up)1$1,000 value$ ____________ 020Closing Services (per easement)1EA$ ____________ 021Recording Fee (per document)1EA$ ____________ See the Statement of Work for detail on the services required. (vi) Title and closing services for various natural resource conservation easement projects. See the Statement of Work for detail on the services required which apply to all contract line items. (vii) The period of performance will vary for each individual task order issued under any resultant contact. See the Statement of Work for specific timeframes for project deliverables. Delivery and acceptance will be made by the contracting officer at the NRCS MN State Office. (viii) The provision at 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition. The following addenda also apply. Offerors must read and follow the following additional instructions: In order to comply with the Debt Collection Improvement Act of 1996, all contractors must be registered in the Central Contractor Registration (CCR) to be considered for an award of a Federal Contract. For information regarding registration contact the CCR Web Site at www.ccr.gov. It is also required that all contractors be registered in the Online Representations and Certifications Application (ORCA) to be considered for an award of a Federal Contract. For information regarding registration in ORCA, contact the ORCA web site at https://orca.bpn.gov. Successful offers will also be required to provide a completed NRCS Conservation Cooperator Certification and a completed Standard Form 1199a to facilitate electronic transfer of funds for all payments prior to award of a contract. (ix) As stated previously, this office intends to award up to eight (8) contracts as a result of this solicitation. No vendor will be awarded more than two areas, but vendors must specify the area number(s) for which they want to be considered in order of preference. For example, a vendor may submit for consideration for all areas 1 through 8, but no more than two areas could be awarded to that contractor. Also, a vendor who submits an offer to provide services for an area must provide services for all counties in the area. Area 1 Kittson, Roseau, Lake of the Woods, Marshall, Pennington, Red Lake, Polk, Norman, Mahnomen, Clearwater, Beltrami, Hubbard, Koochiching, Itasca, St. Louis, Lake and Cook counties. Area 2 Clay, Becker, Wilkin Wadena, Cass, and Crow Wing counties. Area 3 Aitkin, Carlton, Mille Lacs, Kanabec, Pine, Isanti, Chisago, Anoka, Stearns, Benton, Sherburne, Wright, Hennepin, Ramsey, Washington, Scott, Carver, Dakota, Rice, Goodhue, Wabasha, Steele, Dodge, Olmsted, Winona, Freeborn, Mower, Fillmore and Houston counties. Area 4 Otter Tail, Douglas, Pope, Todd and Morrison counties. Area 5 Stevens, Grant, Traverse and Big Stone counties. Area 6 Lincoln, Lyon, Redwood, Brown, Nicollet, Le Sueur, Pipestone, Murray, Cottonwood, Watonwan, Blue Earth, Waseca, Rock, Nobles, Jackson, Martin and Faribault counties. Area 7, Swift, Kandiyohi, Meeker and Chippewa counties. Area 8 McLeod, Lac Qui Parie, Yellow Medicine, Renville and Sibley counties. FAR provision 52.212-2, Evaluation-Commercial Items does not apply to this solicitation. The evaluation procedures at FAR 15.101-2 (Lowest Price Technically Acceptable) will be used. Under this procedure trade-offs are not permitted and proposals are evaluated for technical acceptability (pass/fail), but not ranked using the non-price factors. Accordingly, all offers will be evaluated as follows. In order to be considered, proposals must address all technical acceptability requirements listed below. Requirements for Technical Acceptability. First, offers will be evaluated on a pass/fail basis to ensure that they meet the following technical acceptability factors. Prior Experience with Abstracting, Title Search, Title examination and Title Opinion, Easement Closings, Title commitments and Final Title Insurance Policies. : Offers must demonstrate that their firm has significant prior experience with easement closings in the geographic area(s) specified. This includes both the quantity and frequency of conducting the tasks described in the Statement of Work. In order to meet the minimum requirement, offers must have completed at least five (5) easement projects in the last twelve (12) months, for each of the last two (years). This will be evidenced by providing details in their proposal on the type of entity the closing was conducted for (federal, state, local government, private business, or a private landowner, etc), the location of the property by county, the nature of the transaction, the types of activities performed (i.e. abstracting, title search, title opinion/commitment, providing title insurance, and closing), and the date for all conducted in the last two (2) years to meet this requirements for this element. Experience with federal agencies is desired. Personnel Qualifications: All personnel working on any NRCS projects under any resultant contracts must have a minimum of five (5) years experience having performed the aforementioned types of services at least 50% of their normal working hours. Offers must identify all personnel who will work on any NRCS projects under any resultant contract. For each person the following details must be provided (title, years of experience, percentage of time spent on pertinent duties, education and any applicable certifications/licenses). Those offers whose personnel meet the minimum years of experience and percentage of time requirements will meet the acceptability requirements for this element. Resource Plan/Performance Capability: The amount of work estimated to be performed over the duration of contract period will vary from potentially no active easement projects to several active at one time. Many times the nature of these projects is seasonal and several awards will be made in a relatively short period of time. During these periods of high volume additional resource must be applied by the vendor to ensure that the timelines for deliverables in the Statement of Work are met. Additionally, there are limitations on the number of total active projects that the government is required to give to a vendor for a given geographic area (see 52.216-19, Order Limitations clause). As such offerors must adequately demonstrate that they have the capability to meet potential demand. For example, this can be demonstrated through providing detail on how additional human resources internal to the vendor can be applied to the projects as needed and/or by articulating what resources can be outsourced to other qualified firms. The plan must give the NRCS confidence that needed resource is available to ensure timely completion of all projects to meet the acceptability requirements for this element. Past Performance: Past performance information is one indicator of an offeror’s ability to perform the contract successfully. The currency and relevance of the information, source of the information, context of the data, and general trends in performance will be considered. Offerors must provide five (5) past performance references that are recent (within the last 2 years) and relevant to the type or services to be provided under any resultant contract. Offerors who have encountered problems on any of the projects for the identified references should state what the problem was and the corrective action(s) taken by the offeror. This information, combined with any information learned from the references will be used as a basis for determining whether the offeror meets acceptability requirements for this element. Offerors without any past performance information will not be evaluated favorably or unfavorably on past performance. However, this does not except offerors from meeting the prior experience factor listed previously. Price Evaluation Secondly, offers that pass all technical requirements will be ranked by price for each geographic area they are submitting an offer on. A separate price schedule must be provided for each geographic area. Price will be evaluated by summing the value of all seven (7) line items for each period (Base, Option 1, and Option 2), with the lowest value representing the lowest priced offer (see provision 52.217-5, Evaluation of Options). Award for each of the up to eight (8) geographic areas will be made on the basis of the lowest evaluated price of proposals meeting the acceptability factors listed previously for non-price factors. If a vendor ranks number one on price for more than one area, the area(s) up to two (2) areas that represent the lowest price will be awarded to that vendor. If the price is the same for all areas, the area in order of preference submitted by the vendor will be followed. I absence of this preference the area where the offerors primary project office resides will be selected. For the other areas, the next lowest priced, technically acceptable offeror will receive award, provide the price offered is fair and reasonable. If only one offer is received from an area, a contract will only be awarded to that offeror if the price is determined to be fair and reasonable. (x) Offerors are not required to complete a copy of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items, with its offer. However, to be considered all offerors must be registered in the Online Representations and Certifications Application (ORCA) and have completed the online representations and certifications. For information regarding registration in ORCA, contact the ORCA web site at https://orca.bpn.gov. (xi) The clause at 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition and there are no addenda. (xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition and the following additional FAR clauses cited in the clause are applicable to this acquisition. (b) (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (18) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (19) 52.222-3, Convict Labor (JUN 2003) (20) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (AUG 2009) (21) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). (22) 52.222-26, Equal Opportunity (MAR 2007) (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (26) 52.222-54, Employment Eligibility Verification (Jan 2009) (34) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (39) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) (c) (1) 52.222-41, Service Contract Act of 1965 (NOV 2007) See wage determinations attached to this notice. (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) This Statement is for Information Only. It is not a Wage Determination Employee Class (Series and Grade)Monetary Wage—Fringe Benefits GS-1170-09 (Realty Series)$19.92 / hr (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (xiii) Statement regarding any additional contract requirement(s) or terms and conditions (such as contract financing arrangements or warranty requirements) determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. The following additional Federal Acquisition Regulation (FAR) and Agriculture Acquisition Regulation (AGAR) clauses and provisions apply to this solicitation and any resultant contract award. FAR clauses and provisions can be found at https://www.acquisition.gov/far/current/html/FARTOCP52.html#wp372482. AGAR clauses and provisions can be found at http://www.da.usda.gov/procurement/policy/agar.html. Fill-in’s, as required, are provided with the clauses and provisions below. 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 200) 52.204-7 Central Contractor Registration (APR 2008) 52.216-18, Ordering (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of contract award through 9/30/2010, and each option period, when and if exercised. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. 52.216-19, Order Limitations (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one (1) easement projects/task orders, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor— (1) Any order for a single item in excess of ten (10) active easement projects under open delivery orders [insert dollar figure or quantity]; (2) Any order for a combination of items in excess of ten (10) active easement projects under open delivery orders; or (3) A series of orders from the same ordering office within thirty (30) calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three (3) calendar days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. 52.216-21, Requirements (OCT 1995) (a) This is a requirements contract for the supplies or services specified and effective for the period stated in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after six (6) months from the expiration date of the contract or any option (when and if exercised). 52.216-27, Single or Multiple Awards (OCT 1995) The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation. 52.217-5, Evaluation of Options (JUL 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). 52.217-8, Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 calendar days before the contract expires. 52.217-9, Option to Extend the Term of the Contract (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 9 months and 2 years. 452.211-72 Statement of Work/Specifications. (FEB 1988) 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988) 452.224-70 Confidentiality of Information. (FEB 1988) 452.228-71 Insurance Coverage. (NOV 1996) 452.236-76 Samples and Certificates. (FEB 1988) 452.237-74 Key Personnel. (FEB 1988) The Contractor shall assign to this contract the following key personnel: Project Manager 452.246-70 Inspection and Acceptance. (FEB 1988) -- Alternate I (FEB 1988) (a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract. (b) Inspection will be performed at: MN NRCS state office. (c) Acceptance will be performed at: MN NRCS state office. 452.247-71 Marking Deliverables. (FEB 1988) (a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract. (b) Mark deliverables, except reports, for: All deliverables, including reports and any correspondence shall include the contract/order number from page 1 of the contract and the easement number with name. 452.204-70 Inquiries. (FEB 1988) 452.211-75 Effective Period of the Contract (FEB 1988) The effective period of this contract is from the award date of the contract through 9/30/2010, subject to the exercising of an option, when and if executed. 452.219-70 Size Standard and NAICS Code Information. (SEP 2001) Contract line item(s): All contract line item(s). NAICS code 541191 -- Title Abstract and Settlement Offices Size Standard $7 million in revenue annually. All offeror’s are reminded to provide the following documents, in addition to any others required by this notice, with their proposal. 1) A price schedule with the base and option years completed for each geographic area being sought for consideration. 2) Responses to the technical acceptability requirements in this solicitation. 3) Evidence of current CCR registration by printing page 1 of the registration on the website. 4) Evidence of current ORCA registration by printing page 1 of the registration on the website. (xiv) DPAS ratings do not apply to this solicitation.
- Web Link
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FBO.gov Permalink
(https://www.fbo.gov/spg/USDA/NRCS/MNSO/AG-6322-S-10-0005/listing.html)
- Place of Performance
- Address: Various Locations in Minnesota., Various Locations, Minnesota, United States
- Record
- SN02158119-W 20100526/100524234454-1267aab7cafcc16a9f97133128c33c06 (fbodaily.com)
- Source
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