AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Transcription

1 AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES J AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO.(If applicable) 6. ISSUED BY CODE 04-Jun-2015 W13G W912WJ 7. ADMINISTERED BY (If other than item 6) CODE U S ARMY ENGR DISTRICT, NEW ENGLAND 696 VIRGINIA RD CONCORD MA See Item 6 8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X 9A. AMENDMENT OF SOLICITATION NO. X 9B. DATED (SEE ITEM 11) 22-May A. MOD. OF CONTRACT/ORDER NO. CODE FACILITY CODE 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS 10B. DATED (SEE ITEM 13) X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended. Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods: (a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 12. ACCOUNTING AND APPROPRIATION DATA (If required) 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR (B). C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER (Specify type of modification and authority) E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office. 14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.) Amendment necessary to address submitted questions and address the follow ing: The NAICS code is changed to , the size standard remains that same. Option 4 CLIN 0005 has been deleted. The deadline for quotes has been extended until 9-JUN-2015, Close of Business. All other aspects remain unchanged. Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) TEL: 15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED (Signature of person authorized to sign) EXCEPTION TO SF 30 APPROVED BY OIRM BY (Signature of Contracting Officer) 04-Jun-2015 STANDARD FORM 30 (Rev ) Prescribed by GSA FAR (48 CFR)

2 Page 2 of 20 SECTION SF 30 BLOCK 14 CONTINUATION PAGE SUMMARY OF CHANGES SECTION SF CONTINUATION SHEET SOLICITATION/CONTRACT FORM The required response date/time has changed from 05-Jun :00 PM to 09-Jun :00 PM. SUPPLIES OR SERVICES AND PRICES Global Changes CLIN CLIN 0012 The NAICS code has changed from to CLIN 0005 The CLIN description has changed from AFFIRMATIVE COVERAGE INSURANCE to DELETED. The CLIN extended description has changed from Requirement to provide Affirmative Coverage Insurance in accordance with the Performance Work Statement. to This Option has been deleted. If Affirmative Coverage is found to be applicable the Government & Contract shall agree on a proper fair and reasonable rate after contract is awarded.. The following have been added by full text: SUBMITTED QUESTIONS W912WJ15Q Real Estate Title and Closing Services 1. The solicitation states that the Assessor's Card, Assessor's Map 67-lot 12 dated FY 2015, and a Building Plan referred to as "L-1 East Elementary School" by Desmond and Lord Architects, Boston are all enclosed for reference but we do not see them in the solicitation package. Can they be provided? RESPONSE: Assessor s card is public record and is available on the City of Taunton Assessor s office website. The official copy of the L-1 plan is available at City Building Dept. Please also find the attached a copy of the Assessor s card and site plan. 2. Usually a copy of the vesting deed or deeds that purports to put the current owner in possession is provided for reference as well. Can the three deeds that are referenced in the solicitation be provided? RESPONSE: The deed to the subject property is available on the internet: Bristol County Registry of deeds Book 8015 and Page 125. One of the abutting properties that is referenced as Taunton Assessor s map 67 Lot 6;

3 Page 3 of 20 The deed is shown at Bristol County Registry of Deeds Book 2362 Page 143 (aka The Plonka land owned by City of Taunton) Third property is Assessors reference Map 67 Lot 166 with deed shown to be Bristol County Registry of Deeds Book 1374 Page 149 (aka 90 County Street, owned by Sisters of St. Dorothy). 3. The second paragraph on Page 15 of 51 of the solicitation addresses a minimum time of three years for a commitment expiration date. Commitments generally expire after 12 months. The only way they can be extended is through the update process which picks up any newly recorded instruments against the property. Your solicitation provides for updates throughout the course of the potential contract and depending upon how long the acquisition process takes, more than one update may be needed to keep the commitment active. Is this understanding acceptable to the Corps? RESPONSE: The Government may require that more than one title update may be needed depending on the length of the unique property acquisition progression. The information regarding the three year time frame is the contract s period of performance and does not relate to how long the preliminary commitment is written for. Attached DOJ Standards prefer the preliminary title commitment be open ended. However, the Government expects that at least one update may be required during the pending term of the property acquisition so the title contractor s adherence to its title underwriter should not be a problem. 4. The fifth paragraph on Page 15 of 51 of the solicitation addresses subsurface rights. Is the Corps requiring a mineral rights search to determine who the current owner of the rights are if we determine that the rights were severed at some point in time during the search period? We have not been required to do this with the Corps before and that type of search is costly. RESPONSE: No, the contractor is not required to perform a special/extensive subsurface mineral search unless the title search, compliant with DOJ standards, reveals a mineral interest encumbrance that the contractor places on Schedule B. If mineral interest(s)/ encumbrance(s) are to be found, then the Contractor shall immediately notify the Technical Point of Contact. 5. Page 12 of 51, Option 2, addresses clearing encumbrances/title issues. Just for clarification - Is it the contractor's responsibility to clear the title exceptions on its own OR is it the contractor's responsibility to assist the Corps in clearing the title exceptions by reviewing of documents? RESPONSE: The contractor is not solely responsible for curing Title exceptions. The contractor shall be required to COLLABORATE with the Corps to make expert recommendations as to curative strategies and assist with curative measures. The following are tasks that may be required in order to assist in curative measures: Review and ensure that any curative instruments will satisfy the title company for insurability. Administer obtaining a grantee or grantor signature and record the curative instrument. - Collaboratively draft new recordable instruments to support the new construction intended to be built on the land (example: utility easements) - Collaboratively draft a few new easements in order to replace/ mitigate possible existing utility easement rights lost by abutters through the Government s requirements to use/build on this site. This potential relocation of utility easements will also require cooperation and collaboration with the Government s ALTA surveyor. Contract shall facilitate the execution and record easements, should the Government need to relocate the utility line of abutters.

4 Page 4 of 20 Obtain signatures on curative instruments, new utility easements and closing documents. Collaborate with the ALTA surveyor in conjunction with USACE to ensure all elements of the title are in sync with the ALTA survey and consistent with the requirements of the ALTA title policy. 6A. The SOW states: If needed and requested Affirmative Coverage Insurance, advise Government of availability and cost upon 3 days notice by the Government; coverage to be provided with title insurance described at Option 3 and there are inconsistencies in Option 4 in the SOW. Can you clarify? RESPONSE: - Option No. 2 CLIN 0003 addresses additional updates that could possibly expose/discover newer recorded instruments and information that might challenge the Title Company s ability to issue a DOJ compliant ALTA US 9/21/98 with 12/3/12 revision final title policy. - Option No. 3 CLIN 0004 deals with final title policy - Option No. 4 CLIN 0005 has been deleted. ****It is important to note that the contractor shall perform in accordance with the performance work statement and with the US Government US ALTA 9/28/91 with revisions 12/ 3/12, DOJ stipulation. 6B. Affirmative coverage has to be reviewed and approved by the title insurance company and not only can we not quote a price but we also can not provide it unless and until it is approved by the insurance company. RESPONSE: The line item for Affirmative Coverage has been removed. Affirmative Coverage may be required and shall be covered in this contract. When it is determined that Affirmative Coverage is required and the government shall issue a Request for proposal. Site Plan

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8 Page 8 of 20 The following have been modified: PERFORMANCE WORK STATEMENT U.S. ARMY CORPS OF ENGINEERS NEW ENGLAND DISTRICT REAL ESTATE DIVISION Performance Work Statement Preliminary title commitment Consulting and title cure Closing services Final title insurance A. GENERAL

9 Page 9 of Scope Provide all equipment, materials, labor, and transportation necessary to perform preliminary title commitment, consulting and title remediation, closing services and final title insurance policy for acquisition 2. Location Subject address: 110 County Street, Taunton, Bristol County, MA, Map67-Lot 12. Send Deliverables : USACE, New England Dist., Real Estate Division, 696 Virginia Rd., Concord, MA Schedule The period of performance will start FROM THE DATE OF CONTRACT AWARD TO THE DELIVERY OF THE FINAL TITLE POLICY AND CLOSING DOCUMENTS at a specific date still to be determined. Notwithstanding this performance sequence, the contract term will expire in three years and no later than May 15, Base Year- Date of Contract Award Through May 15, 2016 Option Year 1- May 16, 2016 Through May 15, 2017 Option Year 2- May 16, 2017 Through May 15, Safety The contractor will comply with all pertinent provisions of the latest edition of the U.S. Army Corps of Engineers Safety and Health Requirements COE EM A copy of COE EM is available for reference at the project office or may be ordered from Superintendent of Documents, P O Box Pittsburgh, PA (Tel: ). In addition, the manual may be viewed at the following link 1_English_2008/toc.html. The contractor shall also comply with all OSHA work safety standards. The project staff can and will order the cessation of work at any time should the safety of employees and visitors become jeopardized. 5. Pre-Work Conference The Contractor, upon award of this contract, shall contact the Technical Point of Contact by phone or to discuss the details of the subject title and the Government real estate acquisition and closing requirements and to answer questions. Margaret (peg) Lorenzo, ; margaret.m.lorenzo@usace.army.mil 6. Permits The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses, permits, and letters of certification. The Contractor shall comply with any applicable Federal, State, County, and Municipal laws, codes, and regulations in connection with the performance of the work specified under this contract.

10 Page 10 of Contractor Conduct Alcohol and firearms are prohibited. Contractor and employees must comply with CFR 36 Rules and Regulations. 8. Payment The contractor shall furnish the Technical Point of Contact with one invoice per month, identifying the contract number, stating the service completed during the month, identified by Item Number and quantity. Payment shall be made monthly for the actual services performed. Contractor will identify all documentation and deliverables with the contract number in the purchase order agreement. Mailing address is: US Army Corps of Engineers, New England District Real Estate Division ATTN: Margaret Lorenzo 696 Virginia Road, Concord, MA

11 Page 11 of 20 B. TECHNICAL PERFORMANCE WORK STATEMENT--TITLE POLICY and CLOSING SERVICES OVERVIEW OF SERVICES Requirement to furnish all labor materials necessary to provide title services, and potential assistance for closing services, legal advice regarding the title services, and procurement of US ALTA 9/28/91 (revised 12/03/12) title insurance in the amount of the purchase price (yet to be determined). TASK 1. The Government has a requirement to obtain preliminary title evidence (commitment or binder) which commits the title company to issue a final ALTA U.S. Policy - 9/28/91 (revised 12/03/12) for one parcel: Assessor's Parcel 67//12/0 known as 110 County Street, Taunton, Bristol County, MA 02780, containing acres+/-. OPTIONS Exercise of any option must be through a contract modification; these optional services and their individual cost/quotes will be broken out as separate items on the Contractor s bid sheet. Such separate bid amount will be entered into a separate box spanning three years. (see attached bid sheet). As determined by the unique progress of this transaction, all optional services may actually be achieved in a compressed, brief period of time and not necessarily extended across the time line of three years. Contractor s invoices for completed tasks need not be consistent with the time line suggested by the boxes. Option 1. This task includes a variety of services to support the closing. At the option of the Government, the Government also may require Contractor to obtain municipal lien certificates; to obtain and notarize the signatures of landowners on documents associated with the closing and to deliver a Government purchase proceeds check and to record documents in the Bristol County Registry of Deeds. If the Contractor serves as Closing Agent, the Government will require the closing agent to fill out a settlement summary, "Payment and Closing Sheet Form 1566"(instead of the HUD 1). The Government shall be responsible for any applicable property conveyance taxes, registry recording fees and other miscellaneous closing expenses. Such pass through expenses will be advanced by the attorney at closing and will be repaid by the Government upon receipt of recording evidence and the closing agent s invoice. Option 2. At the option of the Government, the Government may request Continuations or updates of the submitted preliminary title evidence for parcel prior to setting the closing and ordering final title insurance. This fixed price quote should include the charge for all professional time and effort necessary to clear encumbrances, perfect the title, collaborate in drafting conveyance instruments with title insurance

12 Page 12 of 20 compatibility as a goal and to cure other issues relating to title exceptions. Bidders should be aware that the Government may purchase slightly less than 100% of Parcel 67-lot 12 ( all except seller retained rights for easements and perhaps another ROW to the City from Parcel 67-6) and easement issues may be part of discussions relating to title consequences. The price quoted should include the title company s review of drafts of the deed and possibly several easements (for seller s retained access to Tax parcel 67, Lot 6, public utilities and easements benefitting abutters, utilities for the premises, etc.) to ensure these documents effectuate the parties intent in the conveyance. The Government will order at least one title update. Option 3. At the option of the Government, final title insurance must be provided after preliminary title evidence has been delivered and within two weeks after a conveyance to the United States. The cost of title insurance should be expressed and calculated as per $1,000 for amounts as high as $900,000. (the ultimate purchase price has not been established yet). Affirmative Title Coverage: While not likely, it is possible the Government may require affirmative coverage insurance over exceptions. If it is determined that Affirmative Coverage is required, the Government will issue a Request For Proposal and the Government & Contractor will negotiate a fair and reasonable rate. SCHEDULE FOR SERVICES Task 1: Preliminary title commitment with copies of all exhibits from the underlying title research shall be provided within 21 days of award Option 1: Closing services--if requested, could be as soon as 5 days after the closing date has been established and the Contractor has been notified in writing by the Government Option 2: Title updates (of which there would be at least one), plus review of any draft instruments relevant to this conveyance are to be delivered to the Government within 5 days after receipt of requests to the Contractor Option 3: Final title Insurance Policy, copies of all closing documents, plus recording evidence are to be delivered within 15 days of closing Affirmative Title Coverage: If it is found that Affirmative Title Coverage is required the Government will issue a Request For Proposal. BACKGROUND INFORMATION - intended to assist, but not be considered statements of fact

13 Page 13 of 20 Ownership is believed to be City of Taunton via a tax taking dated January 20, 1965, referenced at Bristol County Registry of Deeds in Taunton to Book 1458, Page194. A margin reference is shown to be Book 8015 and Page 125 (an order of condition Mass Wetlands) that then references an order of compliance at Book 8300 and Page 251. Enclosed for reference are: Assessor's Card, Assessor's Map 67-lot 12 dated FY 2015, and a Building Plan referred to as "L-1 East Elementary School" by Desmond and Lord Architects, Boston. On this parcel, City of Taunton built the (old) Elizabeth Pole School which operated from the late 1960's up until a time said to be The Government intends to demolish the deteriorated school building and construct a new Army Reserve Center. The referenced plan shows a dirt Right-of-Way ( that features a possible right to convert to a public way) as the westerly boundary of the subject property. Landowners to this recorded ROW are 90 County Street and 98 County Street and City of Taunton land referred to as Map 67-Lot 6, have their municipal water and sewer lines and other utilities embedded in the ROW, but the City extended these municipal utility lines onto the subject parcel beyond the ROE at 110 County Street without any additional recorded easement. Going back further in time ALL the land discussed County Street, 90 and 98 County Street and Tax Parcel Map comprised a very large land area called "Kippanwoods". There is a possibility that Kippanwoods featured covenants and restrictions that could influence the Government's potential use of 110 County Street. The subject ROW dates from around 1935.The title contractor may need to collaborate extensively with the Government s surveyor and other personnel. The Government will be obtaining a land survey of the subject parcel that meets American Land Title Association (ALTA) requirements. City of Taunton provides municipal water, sewer and electricity to the City-owned parcel. Utility easements either granted to or reserved by the City will need to be drafted, executed and recorded and be shown on a Survey. It is unclear whether utility easements will reflect descriptions of underground improvements as they currently exist or as they may need to be revised to be compatible with Government s new construction. Further, it is possible that construction by the Government will require more or different easements reserved to the City and to private owners at 90 and 98 County Street. Tax parcel 67-6, the acre parcel conveyed to the City (Book 2632 page 143), appears to have a conservation dedication, not expressly a condition. The Government will be asking questions of the title contractor to opine whether Map 67-6 parcel is generally developable. SPECIFICATIONS FOR COMPLETION OF TITLE EVIDENCE

14 Page 14 of 20 The commitment or binder must name the UNITED STATES OF AMERICA as the proposed insured. The Government prefers that the commitment contain no expiration date. At a minimum, the commitment must extend for a period of no less than three years. The tax exception(s) in commitments should identify all taxing districts in which the land is situated and all other taxing authorities that have jurisdiction over the land for the levy of taxes; showing lien dates for each, and amounts for all such assessments that have not been paid on the date of the commitment. The preliminary title evidence must disclose the name of each and every person in whom title to any interest in the estate to be insured is vested of record or known to the company. Schedule B exceptions to recorded liens, easements, etc. must disclose all essential information, including the name(s) of the person or parties who hold the interests of record. When addresses of parties having any interest in the insured estate are disclosed by the public records or known to the company, they must be set out or provided via copies of the documents. Schedule B exceptions shall not set forth exceptions or objections in general terms. 1. Where subsurface estates or interests in the property to be acquired are owned by persons, corporations, or other legal entities, other than the owners of the surface estate, the present record owners of each such outstanding estate or interest and all pertinent data relating thereto shall be shown in the Title Policy unless otherwise specified by the Government. 2. The contractor shall review any and all additional curative actions submitted by the Government, discuss any proposed curative actions with Corps staff, and will delete, remove and/or amend exceptions in compliance with law. The contractor will have open communications with the Corps staff, including communications by phone, facsimile and electronic mail, with a view toward curing title deficiencies. Any time or costs associated with such discussions and with discussions regarding preliminary title evidence, title updates, or other issues relating to title and closing will not be billed separately, but instead is factored in the contract price for the title evidence items specified herein. 3. The contractor represents and it is a condition of any obligation of the Government hereunder, that that the corporation which is to issue title policies hereunder, is authorized and qualified in the State where the land is located. If the contractor is an attorney, the written proposal of charges must be accompanied by the written commitment of a corporation so qualified, to issue title policies and continuations ordered hereunder, and a statement by said corporation that the contractor\attorney is its agent and can issue policies in its name. 4. The Preliminary Policies to be furnished shall be based on a thorough search and examination of the public records affecting the title to the land, and shall contain the

15 Page 15 of 20 legal description of the property as furnished by the Government. The Contractor shall correct or revise the source or derivation of title of the present owner or owners, contained in such description, if necessary, or otherwise furnish an appropriate derivation of title as required by law or local practice. The policy shall be unqualified as to the period of search, shall contain the legal description of the property as furnished by the government, and shall be immediately followed by a reference to the source of title of the present owner. The Preliminary Policy shall be issued only on the most recent forms approved by the Attorney General of the United States and the American Land Title Association for acquisitions by the United States. (The following information, though correct at the time this specification was written, is provided for the contractor's information only, and is not guaranteed: American Land Title Association (ALTA) U.S. Policy - 9/28/91 form (revised 12/03/12) is the ONLY currently approved policy form.). Delivery of policies on forms other than those so approved will be considered a nonconforming delivery. Delivery of certificates shall be considered a nonconforming delivery in any state where the insurer issues policies to any client, or if the certificate is not the most recent approved form for acquisitions by the United States. 5. The Preliminary Title Policy shall contain sufficient information concerning defects, liens, encumbrances, and other matters excepted, to enable an attorney examining the policy to determine the nature and extent of such exceptions and their probable effect on the validity of the title to the land described. It shall also state or be accompanied by a report specifying the evidence or action, if any, which will be acceptable to the corporation issuing the policy, as a basis for the issuance of a Continuation deleting each such defect, lien, encumbrance, and other matter from the Title Policy. 6. If the policy contains any objection with respect to liens for taxes, assessments, or bonds of a special improvement district, such objections will be followed by references to the statutes pursuant to which such special improvement district was organized, its taxes and assessments levied and its bonds issued and any other facts necessary to enable an attorney examining the policy to determine the nature and extent of the lien, if any, created by such taxes, assessments, or bonds, on the land described therein. 7. If the policy shows title in a record owner who is deceased, it shall also state therein, or be accompanied by a statement indicating whether a judicial proceeding, affidavits of heirship, or some other form of proof will be acceptable to the title company as the basis for the issuance of a Title Policy showing title in the United States upon execution and recordation of a deed to the United States from such persons shown by such proof to be all heirs of the deceased. 8. If the policy shows record title in a state, county municipality, or other subdivision of the state, or in a corporation, or a church or other religious, educational, or charitable institution or organization, or in a person or persons acting in a fiduciary or similar capacity, without authority to convey the property in the absence of specific authorization, the policy shall disclose the incapacity of or limitation on the authority to convey the property and shall specify what action, if any, is necessary before a valid conveyance of the property may be made to the United States and what proof thereof

16 Page 16 of 20 will be required by the title company before issuing a Title Policy showing valid title to the property in the United States. 9. Policies containing any exception or objection with respect to rights or possible rights under the provisions of Section 13 of the Selective Training and Service Act of 1940 (50 USC App. 313), or the Soldiers and Sailors Civil Relief Act of 1940, as amended (50 USC App ) must: a. Contain the name of each person having such rights, and the address of any such person, if known. b. Contain or be accompanied by a statement of the company issuing the policy showing the nature and extent of the interest in the land of each such person, and c. If any such person has an actual interest in the land, contain or be accompanied by a transcript of the proceeding giving rise to such rights and disclose the action, if any, taken in the proceeding to comply with the requirements of said Acts. 10. Each Policy and Continuation shall be executed in duplicate by a duly authorized officer of the issuing corporation, shall bear the corporate seal of such corporation, and shall be countersigned by the proper officer of the corporation, where necessary. The Title Policies, as amended by the final Continuation thereof, shall not except from the corporation's liability, any defects, liens, encumbrances, or other matters of record set forth in the original policy which are waived by the corporation or its duly authorized representative before closing of the acquisition, nor shall such amended policies contain any exception with respect to any matter affecting the title as of the date of the original Policy, or its continuations, which was not disclosed in the original Policy, or its continuations. The Contractor also agrees, if requested by the Contracting Officer, to pass upon (confirm/concur) the proposed deed of the property to the United States and the sufficiency of the deed to vest in it valid title to the property described in Schedule "A" of the Interim Binder or Title Policy. For these purposes the Contractor shall designate a local representative authorized by it to pass upon the form and sufficiency of the curative material, to waive objections, in the Interim Binder or Title Policy and approve the proposed deed to the United States. The Contractor shall, if so requested, have its representative present at the closing of the purchase transaction to determine the current status of the affected titles. 11. Complete, legible copies, or a sufficient abstract or digest, of all instruments referenced in the title commitment must be provided with the title evidence. Where subsurface (mineral) interests in the property are to be acquired, the present record ownership of each such outstanding interest and all data or exceptions of record relating thereto shall be shown. 12. Certificates of title and title insurance policies must be based upon a search of all records affecting the title and unqualified as to the period of search.

17 Page 17 of The title insurance policy or final certificate of title must have an effective date as of or subsequent to the date of recording of the deed to the United States and it must insure, guaranty or certify the title of the United States that was acquired under the deed. 14. Condemnation cases. a. Schedule A. The effective date of the policy should be the date of the filing of the notice of lis pendens in the land records. The four items in Schedule A of the policy should be prepared as follows: name as the Insured the United States of America ; identify the estate in the land acquired by the United States; in complaint cases, identify the owner of the estate being acquired; In Declaration of Taking Cases, show title vested in the United States of America, and identify who the title was vested in immediately prior to the acquisition of title by the United States. describe the land. b. Schedule B. Schedule B must include an exception to the recorded notice of lis pendens. It should also include exceptions to all other matters, which affect the land, including those previously revealed in the commitment and those that were discovered of record subsequent to the effective date of the commitment but prior to the time of the recording of the lis pendens. If matters revealed in the commitment were released or otherwise satisfied of record before the filing of the lis pendens, they may be deleted from the final title policy. Any new parties in interest revealed by the updated title evidence should be joined in the action. 15. If the corporation which is to issue Title Policies hereunder customarily insures marketability of title in the locality where the land is situated, the Policies to be issued hereunder shall not contain the paragraph headed "Refusal to Purchase" under "General Exceptions" of the aforesaid approved Title Policy, but shall insure the marketability of the title SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) - ALTERNATE I (MAY 2014) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is (2) The small business size standard is $11 Million. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

18 Page 18 of 20 (b) Representations. (1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern. (2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR (3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern. (4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer that-- (i) It ( ) is, ( ) is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer that-- (i) It ( ) is, ( ) is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern. (7) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(6) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteranowned small business concern. (8) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

19 Page 19 of 20 (ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(8)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (9) (Complete if offeror represented itself as disadvantaged in paragraph (b)(2) of this provision.) The offeror shall check the category in which its ownership falls: Black American. Hispanic American. Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). Individual/concern, other than one of the preceding. (c) Definitions. As used in this provision-- Service-disabled veteran-owned small business concern-- (1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is serviceconnected, as defined in 38 U.S.C. 101(16). "Small business concern," means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision. Veteran-owned small business concern means a small business concern-- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned small business concern," means a small business concern --

20 Page 20 of 20 (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; or (2) Whose management and daily business operations are controlled by one or more women. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-- (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. (End of provision) (End of Summary of Changes)