MODIFICATION
R -- Title and Closing Services for Easement Programs - Amendment 2
- Notice Date
- 6/8/2010
- Notice Type
- Modification/Amendment
- 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
- Statement of Work - Title and Closing Services - Revision 3 AMENDMENT 3 CHANGES All requirements for developing new abstracts when they do not exist have been removed from this statement of work and solicitation. If an abstract does not exist the individual landowners will need to contract directly with a service provider to have an abstract developed. The requirement to update existing abstracts remains within the scope of this solicitation and any resultant contract. See the attached Statement of Work, Revision 3, which reflects these changes. Additionally, this amendment removes line items 002, 009, and 016 “Developing New Abstract” from bid schedule listed in this notice. RESPONSES TO QUESTIONS Q. With regards to the past performance and references do you only want contact information from specific files or is it ok to obtain letters of recommendations from lenders we do a large volume of business for and our title insurance underwriters? A. The past performance references can be from the specific files referenced in the prior experience factor or can be from other firms. However, the past performance references should be from customers of yours that you have provided similar services to as you would be doing under any resultant contract from this solicitation. Q. Am I correct in thinking that these past files can be from files that involved any type of an easement (i.e. driveway easement, wetland easement, conservation, utility easements)? A. Yes. Any type of easement would be acceptable. Q. With regards to the wage determination you indicated that we should use the Administrative Assistant category. If we have an employee who will be spending some of their time on this contract and their wage does not reflect this amount, can we have them keep track of the time spent on these transactions and compensate them by paying them the additional amount only for these hours? A. Correct. They only need to be compensated at the rates in the wage determination for time spent on work under any potential contract. Also, please note that I issued an amendment to the notice on the www.fbo.gov website. A portion of it deals with this issue and is as follows. “Service Contract Act Wage Determinations Due to the fact that specific occupational code titles are not listed for real estate transaction professionals, the Administrative Support and Clerical Occupations codes such as 01020, 01051, 01052, 01111, 01112, or 01113 as the offeror deems appropriate. If an offeror does not believe that any of these titles are appropriate, they should request a conformance action as detailed on the last page of each wage determination. This includes providing proposed occupational title(s) and proposed rate(s) with their offer.” Q. I noticed on the bottom of the wage determination that all occupations must receive the following benefits. Health and Welfare $3.35 per hour. I'm assuming that this is above and beyond the wage amount? Is this also something that we can compensate additionally only for the time spent on this contract? A. Yes. This is above and beyond the wage determination rate and is only for those hours spent on work under any potential contract. It can be paid in cash or in the form of health and welfare benefits. Q. How can the health and welfare benefit requirement be paid? A. See the following link from the US Dept of Labor regarding discharging an obligation to pay fringe benefits. http://www.dol.gov/dol/allcfr/title_29/part_4/29CFR4.175.htm See section “V” for additional information. http://www.dol.gov/whd/regs/compliance/web/SCA_FAQ.htm Q. What about a subcontractor that we hire? If we order abstract services from another vendor do we have to make sure that they are paying their employees this amount? Are we required to obtain Errors and Omissions information from them? A. Service Contract Act requirements to apply to both contractors and subcontractors. See the following link. Recordkeeping requirements are also mentioned on the website. Unlike the Davis-Bacon Act which applies to labor practices in construction contracts, agencies that award contracts under the Service Contract Act do not routinely require submission of payroll records. However, the DOL may as part of any audits they chose to conduct. In construction contracts offices such as ours are required to obtain and review payroll records routinely. http://www.dol.gov/compliance/laws/comp-sca.htm Q. Are we permitted to utilize 40 year searches instead of creating new abstracts for these transactions? A. Most landowners we contract with have abstracts and we have them updated by vendors if needed. If an abstract is not present at all, which is rare, the landowner must contract directly with a service provider to have new one developed. Regarding the time frame for records search all pertinent records should be searched when updating an abstract. Applicable standards are listed in the notice and are found at http://www.justice.gov/enrd/2001_Title_Standards.html. Paragraph 5b states: “In general, certificates of title and title insurance policies based upon a search of all records affecting the title and unqualified as to the period of search are preferred and should be issued." While paragraph 3b mentions a minimum number of years, it is recommended that the standard at 5b be applied and that "all records affecting the title and unqualified as to the period of search." This could exceed the timeframes listed in 3b and serves to help protect all interested parties. Q. What additional documents will be required to be signed at closing? A. Typical documents required at closing are the WRP Deed (NRCS) and the RIM Easement (State of Minnesota) which we provide and any documents required to cure all encumbrances specified by the NRCS. These are the same documents that will typically need to be recorded. AMENDMENT 2 CHANGES The Statement of Work is revised to specify the location where closings will take place (see page 3 of 5, bottom). “Closings will be held at the local NRCS Field Office closest to the location of the easement property which is generally located in each county. Any exceptions to the location will be identified by the easement specialist.” Revise Proposed Contract Base Performance Period Text is changed to “beginning approximately July 1, 2010, or the date of contract award, whichever is latest, through June 30, 2011 (changed from September 30, 2010). The two option periods of one year each remain unchanged. This change also requires that clause 52.217-9, Option to Extend the Term of the Contract, be changed. The time period is paragraph (c) is changed to “6 months and 3 years”. The date at clause 52.216-18, Ordering, must also change from “9/30/2010” to “6/30/11”. Clause 452.211-75, Effective Period of Contract, must also be changed from “9/30/2010” to “6/30/11”. Increase is Maximum Order Obligation The number of projects listed at clause 52.216-19, Ordering Limitations, paragraph’s (b)(1) and (b)(2) are changed from “ten (10)” to “thirty (30)”. CLARIFICATIONS Service Contract Act Wage Determinations Due to the fact that specific occupational code titles are not listed for real estate transaction professionals, the Administrative Support and Clerical Occupations codes such as 01020, 01051, 01052, 01111, 01112, or 01113 as the offeror deems appropriate. If an offeror does not believe that any of these titles are appropriate, they should request a conformance action as detailed on the last page of each wage determination. This includes providing proposed occupational title(s) and proposed rate(s) with their offer.
- Web Link
-
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
- SN02171148-W 20100610/100608234902-40409bc09ddcf4e450beb1a336b49127 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
(may not be valid after Archive Date)
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