RFP_12844718R0002_Amendment_1.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 11)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers 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 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 your 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 APPROPIRATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE 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 43.103(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.

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.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

REQUEST FOR PROPOSAL

SOLICITATION NUMBER: 12844718R0002, Amend 1

U.S. Department of Agriculture (USDA) Aerial Photography Services and Supplies – Stewardship Lands

U.S. DEPARTMENT OF AGRICULTURE

FARM SERVICE AGENCY

AERIAL PHOTOGRAPHY FIELD OFFICE

NOTICE TO PROSPECTIVE OFFERORS:

This solicitation is for a multiple award, single year, firm fixed price contract and is partially set-aside for small business. One (1) contract award, comprising of a minimum of 5% of total easements is set-aside for small business. The small business industry size standard for the type of services covered by this procurement, under NAICS code 541922, is the average annual receipts of the concern and its affiliates for the preceding three (3) years not in excess of $7.5 million.

Proposals must be presented in two parts: a pricing proposal and a technical proposal. One complete printed copy of the proposal plus one digital copy saved to a USB are required. Please do not secure the proposal using a “plastic comb” or spiral type bindings (3-ring binders are preferred).

The pricing proposal (part I) shall contain two signed documents, the contract form SF-33 (page 1 of this RFP), and the pricing proposal (Excel file attachment).

The technical proposal shall respond to information requested herein and shall not exceed 50 8- 1/2”x11” pages, either 25 double sided or 50 single sided, (camera reports, resumes, resource documentation and other supporting documentation may be placed under a separate tab without page limitations). Do not include any pricing or cost information in the technical proposal.

Funds are not presently available for contract award under this solicitation.

NOTICE TO OFFEROR

Any proposal submitted for this RFP must be identified with the following information labeled on the outside of the mailing package:

SOL.NO: 12844718R0002

DUE DATE: Mar 28, 2018, 4:00 PM

RECEIVING OFFICE: CONTRACTS

Mail To: FARM SERVICE AGENCY

CONTRACTING OFFICER

2222 WEST 2300 SOUTH

SALT LAKE CITY UTAH 84119-2020

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PART I – THE SCHEDULE Request for Proposals

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS RFP 12844718R0002

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 DESCRIPTION AND SCHEDULE OF ITEMS

Aerial Photography services and supplies for vertical, high resolution, direct digital, orthorectified imagery of Stewardship Lands easements located throughout the Contiguous United States in accordance with the requirements, specifications, terms, conditions, clauses, and provisions specified herein.

B-1.1 Contract Line Items

Stewardship Lands Easements - Contiguous US

Line Item

ID

STATE Acres UNIT

PRICE TOTAL

TBD TBD TBD TBD TBD

Table to be completed by the Contracting Officer upon contract award, based on states awarded.

Easements will be awarded on a full-state basis only. See Section L for pricing instructions.

Line Item

ID

State Easements Acres

AL Alabama 223 33,526 AZ Arizona 6 6,780 AR Arkansas 656 251,186 CA California 381 172,475 CO Colorado 226 144,590 CT Connecticut 141 12,567 DE Delaware 100 8,802 FL Florida 139 192,103 GA Georgia 122 41,019 ID Idaho 90 67,383 IL Illinois 448 92,396 IN Indiana 801 73,187 IA Iowa 1,577 180,132 KS Kansas 338 97,463 KY Kentucky 364 50,092 LA Louisiana 970 306,116 ME Maine 16 1,723

MD Maryland 118 14,572 MA Massachusetts 321 21,075 MI Michigan 473 43,715 MN Minnesota 1,100 131,219 MS Mississippi 609 181,987 MO Missouri 1,144 157,332 MT Montana 83 55,938 NE Nebraska 642 89,332 NV Nevada 17 17,733 NH New Hampshire 165 14,219 NJ New Jersey 75 8,380 NM New Mexico 14 24,460 NY New York 1,172 81,065 NC North Carolina 222 64,423 ND North Dakota 887 149,318 OH Ohio 672 69,953 OK Oklahoma 284 74,114 OR Oregon 163 63,590 PA Pennsylvania 293 20,570 RI Rhode Island 46 2,055 SC South Carolina 280 78,787 SD South Dakota 1,256 137,769 TN Tennessee 334 48,685 TX Texas 223 123,703 UT Utah 11 7,099 VT Vermont 425 71,630 VA Virginia 115 12,490 WA Washington 275 38,287 WV West Virginia 329 19,240 WI Wisconsin 715 73,553 WY Wyoming 45 37,541

Total 19,106 3,665,375

B-1.2 Incidental Deliverables Not Separately Priced (Refer to Section F for schedule)

a. Flight Plan

b. Pre-Production Imagery Sample

c. Progress Reports

d. Subcontract Plan

B-2 TYPE OF CONTRACT

This is a firm-fixed price contract, as defined in Federal Acquisition Regulation (FAR) 16.502, Fixed- Price Contracts.

B-3 PERIOD OF PERFORMANCE

The period of performance of this contract is from date of award for one year, which is approximately:

April 1, 2018 through March 31, 2019

B-4 PLACE OF PERFORMANCE

The place of performance will be primarily the contractor’s establishment, as well as locations to be determined by the contractor based on sub-items awarded.

PART I – THE SCHEDULE

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT 12844718R0002 Amendment 1

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PERFORMANCE WORK STATEMENT

1.0 PURPOSE AND OBJECTIVES

The objective of this contract is to furnish orthorectified imagery in accordance with the requirements, specifications, terms, conditions, clauses, and provisions specified herein, effective for the periods stated in the schedule.

1.1 Background and Intended Use. United States Department of Agriculture (USDA) Natural

Resources Conservation Service (NRCS), Easement Programs Division is responsible for administering the conservation easement program. Stewardship Lands is the umbrella name given to NRCS conservation programs and is any easement where the U.S. is named as a grantee in the easement deed. Since 1992 NRCS Easement Programs have restored and protected over 3.2 million acres on over 17,500 individual parcels. NRCS conservation easement programs are: Wetland Reserve Program (WRP), Emergency Wetlands Reserve Program (EWRP), Emergency Watershed Protection Floodplain Easements (EWPP-FPE), Healthy Forest Reserve Program (HFRP), Grassland Reserve Program (GRP) held by the U.S., and the Farm and Ranchland Protection Program (FRPP 2006-2008). The most predominant of these is the Wetland Reserve Program (WRP), a voluntary program offering landowners the opportunity to protect, restore, and enhance wetlands on their property. The NRCS provides technical and financial support to help landowners with their wetland restoration efforts. The NRCS goal is to achieve the greatest wetland functions and values, along with optimum wildlife habitat, on every acre enrolled in the program. This program offers landowners an opportunity to establish long-term conservation and wildlife practices and protection. The imagery shall be used to monitor restoration efforts on each property enrolled. The basic unit of description for a Stewardship Lands site is called an Easement. Stewardship Lands easements can range from less than one acre to as large as 16,000 acres.

2.0 GENERAL REQUIREMENTS

The general scope of this contract is to procure vertical, high resolution, direct digital, orthorectified imagery to assist in establishing standards for evaluation of several Natural Resources Conservation Service (NRCS) Stewardship and Non-Stewardship Lands Easement Programs.

2.1 Location of Work. The Stewardship Lands Digital Imagery covers a sample of 19,106

Easements located in the states listed in Section B-1, Description and Schedule of Items.

Please refer to Attachment 2, Stewardship Lands Digital Imagery Easement Locations.

2.2 Delivery Schedule. Imagery shall be submitted on a full state basis in accordance with Section

F, Deliveries.

2.3 Importance of Image Quality. Any imagery submitted to the Government that does not meet the minimum quality requirements may impact the Government’s ability to properly use the imagery for its intended purpose and will be subject to a price reduction based on the diminished usability of the product.

3.0 SPECIFIC TASKS

The specific tasks of this contract are summarized as follows.

3.1 TASK 1: Flight Planning. The Contractor is required to provide the necessary project management, coordination, and supervision to conduct project planning, flight planning and acquisition, image processing, product delivery, and related technical and progress reports as required in the Contract.

(a) Flight Plan (Deliverable). The Contractor shall submit a proposed flight plan for

Government review. The plan shall be an Esri® compatible shapefile include each easement in the project area. The Government will evaluate the proposed plan and provide with comments no later than five (5) business days. A notice to proceed will not be issued until all comments have been resolved.

3.2 TASK 2: Imagery Acquisition. The Contractor shall obtain precise vertical aerial imagery using an approved digital sensor in accordance with the following technical requirements:

(a) Airspace Clearances. The project items may contain areas of controlled or restricted airspace. It is the responsibility of the Contractor to obtain all approvals necessary to assure that required clearances are achieved. (see Section H, Airspace Clearances)

(b) Approximate Acquisition Period. The acquisition period for all easements within this project is Date of Award (Approximately April 2018) through September 30, 2018. The Contractor shall acquire imagery only during that portion of the day when the sun angle exceeds the minimum thirty degrees (30°).

(c) Image Resolution. The Contractor shall collect raw imagery resolution at or better than the required Ground Sample Distance (GSD) specified in paragraph 3.3(b), Ground Sample Distance. Interpolation of the raw imagery to increase GSD is not permitted.

(d) Sensor Tilt (airborne platform only). It is desired that exposures be made when the optical axis of the camera is in a vertical position. The Contractor shall not acquire imagery when the tilt (departure from the vertical) of any exposure exceeds four degrees (4°) or relative tilt between any two successive exposures which exceed six degrees (6°). Tilt shall not average more than two degrees (2°) in any 16 km (10 mile) section of a flight line and shall not average more than one degree (1°) for the entire project.

(e) Ground Conditions. Imagery shall be undertaken when skies are clear, free from smoke, clouds, cloud shadows, excessive haze, and well-defined images can be resolved. The ground shall be free from snow, standing water (other than natural or man-made ponds and lakes), flood waters from streams which have overflowed their banks, and wet ground which obscures field, soil or crop lines.

(f) Digital Sensor. The Contractor shall only acquire imagery using a digital sensor system(s) that meet the requirements in Attachment 3, APFO Specification for Digital Camera Based Acquisition, and have been approved by the Contractor Officer.

(g) Aircraft. All aircraft used in the performance of the work under this contract shall be maintained and operated in accordance with all regulations required by the U.S.

Department of Transportation, Federal Aviation Administration (FAA). Aircraft operated in the acquisition of imagery under this contract shall be FAA certified to a service ceiling with operating load (crew, camera, film, oxygen, and other required equipment) of not less than the highest altitude required. (see Section H, Aircraft Regulations and Certifications)

3.3 TASK 3: Orthorectification and Related Services. Contractor shall provide orthorectification services to produce 4-band (natural color and color near-infrared), digital orthorectified imagery, mosaicked where needed, for each easement. Multiple easements may exist on an image due to the easement size; however, there shall be a separate image delivery for each easement. The easement image shall be projected in the native UTM Zone using the NAD83 Datum; easements that cover more than one UTM Zone may be projected in the zone where the majority of the easement lies.

(a) Orthorectified Image Files (Deliverable). The Contractor shall color-correct the imagery so it radiometrically matches the ground at the time of exposure including, but not limited to, any dodging, histogram stretching, brightness adjustments, and/or color balancing. The tile shall not contain any borders, artifacts, or other non-image items.

Due to the shape of the easements, ortho tiles may contain non-image area(s) consisting of black pixels, as long as the image buffer requirements are met. Imagery captured beyond the boundary due to the footprint of the camera may be included in the tile, but is not required. All tiles shall meet the image quality requirements specified in Attachment 4, USDA Digital Imagery Quality Specification.c

(b) Ground Sample Distance. The GSD requirement for this project is a minimum of 15 cm.

(c) Image Buffer. The easement image shall cover the entire actual easement boundary along with a ¼ mile (1320 feet, 402 meters) buffer on all four sides.

(d) Ground Control. The Contractor shall be responsible for acquiring all ground control needed to meet the absolute horizontal accuracy specification noted in paragraph e.

(e) Horizontal Accuracy. All well-defined points tested on the easement image shall fall within 4.0 meters of true ground at a 95% confidence level (see FGDC-STD-007.3-1998, page 3-10).

(f) Digital Elevation Model. The Contractor may use any Digital Elevation Model (DEM) for terrain-correcting the imagery required to meet horizontal accuracy specifications in paragraph d. The Contractor shall document the elevation dataset used during the orthoimagery production process including, but not limited to corrections made to an existing dataset, in the process description field of the metadata.

(g) File Format. Easement images will be delivered as an uncompressed, 4-band, 8-bit per band, tiled, georeferenced tagged image file format (GeoTIFF) with the appropriate TIFF tag values. Refer to Attachment 5, TIFF/GeoTIFF Requirements. The band order shall be red, green, blue, and near infrared (RGBN). Where mosaics are needed, any mosaic which is produced shall be separated into tiles no larger than two (2) gigabytes (GB) in size. Any mosaic created to cover an easement that exceeds 2 GB may be split (N-S, E- W, etc.) to meet the 2GB size limit and shall have 500 (±50) pixels of overlap between tiles.

(h) Naming Convention. Easement images shall use the file naming specified in Attachment

6, File Naming Convention and Directory Structure. File names shall be in lower case only.

(i) Media Requirements. All easement imagery and associated metadata files shall be delivered on industry standard hard drives as defined in the contract Section D-1(d)(1), Hard Drive Disks, stored by state and county under a root directory called “stnnn” (see Attachment 6, File Naming Convention and Directory Structure).

(j) Metadata (Deliverable). The contractor shall create a metadata file for each easement image in accordance with the template provided by the Government, compliant with Federal Geographic Data Committee (FGDC), FGDC_STD-001-1998 specification. The file must parse cleanly through the current USGS metadata parser “mp” version 2.9.40 (or later version) without any errors. Metadata files shall use the Extensible Markup Language (XML) file format and use the same naming convention as the imagery but with an “xml” extension.

(k) Pre-production Sample (Deliverable). The Contractor shall submit a single 4-band, 8-bit per band image for Government review. The sample shall be a TIFF (GeoTIFF preferred), and submitted on a standard CD or DVD. The Government will evaluate and provide an approval or disapproval letter with comments no later than five (5) business days, with a goal of three (3) days. Additional project item area samples may be submitted for review if approved by the Contracting Officer Representative (COR).

3.4 TASK 4: Project Management. The Contractor shall establish and maintain a project management system with a designated project manager for this effort. Project management consists of those activities required to plan, manage, administer, and control efforts to accomplish the objective of the contract. The project manager will serve as the primary point of contact for the Contractor’s activity with the Government. The project manager’s name and contact information shall be identified, in writing, to the Contracting Officer within 20 days of contract award.

(a) Progress Reports (Deliverable). Progress Reports indicating the progress made in imagery acquisition shall be submitted on a daily basis in accordance with instructions in Attachment 7, Progress Reports Convention. Reporting shall start when the Contractor receives the Notice to Proceed and continue until the area is completed or the acquisition period and any extension ends. Only one report shall be submitted daily -separate reports each acquisition crew is not permitted. On days that no imagery was collected, the body of the report should state “No progress.” Each progress report shall be sent by email transmission to the COR not later than the day following performance.

In the event that day is a holiday or non-business day, the report shall be sent on the next business day.

(b) Subcontract Management (Deliverable). If the Contractor uses subcontractors in the performance of the contract, a plan and procedure will be established to manage its subcontractors. Contractor should give prior notification of any subcontracts in accordance with Section G-4, Subcontracts. The Contractor is encouraged to maximize its use of partnerships and subcontractors to accomplish the requirements of this contract. However, the Contractor is solely responsible for the performance and cost control of its partnerships and subcontractors.

3.5 TASK 5: Quality Control. Quality control shall be exercised by the Contractor continuously throughout the performance of the contract. Procedures shall be established to assure that all contract materials are delivered in accordance with the delivery schedule and at the required level of accuracy and quality. The Contractor shall inspect and constantly monitor the image quality and coverage, and shall undertake immediate reflights of any imagery where the quality fails to meet minimum requirements of the contract specifications. Any marginal photography/imagery submitted for inspection which does not meet minimum requirements may be rejected. The marginal photography may be accepted, at the Government’s convenience, but shall be subject to a price reduction based on the diminished utility of the product. The nature and urgency of this project may require the Government to make equitable financial adjustments for materials deemed rejectable or where product use is adversely impacted. USDA inspection and acceptance procedures are described in Section E, Inspection and Acceptance.

3.6 Regional Settings. All digital files, including imagery and metadata, shall be created using standard ANSI English-US setting. For example, periods (“.”) shall be used to separate the whole number from the fractional portion when recording decimal numbers, and data representing a long date shall be recorded as “Wednesday, August 17, 2005 5:09:38 PM.”

4.0 GOVERNMENT-FURNISHED INFORMATION

The Government shall furnish the following items listed below:

4.1 Required Coverage. The Contractor will be furnished upon award one (1) Esri® compatible shapefiles for each awarded state containing the official Easement Data for that state. The shapefile contains the identification, description, location and boundaries of each of the easements for that state. These files DO NOT contain the required ¼ mile (1,320 feet, 402 meter) buffer. The following is data selected from the .dbf file that is in each Esri® compatible shapefile as an example:

ADMIN_AREA NEST_COUNT NESTID NEST_PROGR ACRES X_COORD Y_COORD NS

AL Baldwin 7341010300H67A0005 FRPP 23.472 -87.80947 30.83338 NS AL Barbour 6641010900WX9 WRP 229.911 -85.33549 32.0178

AL Barbour 6641010900WX6 WRP 379.686 85.29285 32.08796 AL Barbour 6641010900WX7 WRP 287.861 -85.30583 32.10013 AL Barbour 6641011000XVW WRP 34.824 -85.36168 31.77145 AL Blount 7341010600H69A0009 FRPP 144.963 -86.60412 34.09929 AL Bullock 6641010900WXJ WRP 217.652 85.57125 32.07212

4.2 Metadata Template. The Contractor will be furnished upon award one (1) data text files (.txt) containing the Federal Geographic Data Committee (FGDC) compliant metadata template to be used when creating the orthorectified file as required in Paragraph 3.3(j), Metadata.

SECTION D– PACKING AND MARKING RFP 12844718R0002

SECTION D - PACKAGING AND MARKING

D-1 MEDIA REQUIREMENTS

(1) Hard Drive Disks. All hard disk drives (HDDs) used to deliver imagery shall be “factory new” industry standard internal Serial Advanced Technology Attachment (SATA), 3.0 Gb/sec transfer-rate hard drives, with a minimum rotation speed of 7,200 rpm. Drives may be either

3.5 inch or 2.5 inch form factors. The drives shall have a maximum storage capacity of four terabytes (4TB) with no more than ninety percent (90%) of the individual hard drive capacity used for actual storage. Each drive shall be enclosed in anti-static bag and shall have the label attached directly to the outer surface of the bag identifying the project contained on the drive in accordance with Attachment 9, Hard Drive Labeling Requirements. The files shall not be write-protected nor require an ‘administrator’ to access them. The drives shall become property of the Government and will not be returned to the Contractor. External hard drives are not allowed on this contract.

(b) USB Flash Drives. USB flash drive, also known as a thumb drive, used to deliver imagery shall be USB 2.0 compatible, with a type-A USB connection and must be “factory new.” There is not minimum nor maximum drive storage capacity but the Contractor shall not use more than ninety percent (90%) of drive capacity used for actual storage. Similar information required for the hard drive label (see Attachment 9, Hard Drive Labeling Requirements) should be physically attached to the flash drive directly via a label or “string” connected tag. Micro sized flash drive should not be used.

D-2 PACKAGING FOR SHIPMENT

All material shall be packed for shipment in such a manner that ensures acceptance by common carrier and safe delivery at the destination. Containers and closures shall comply with the Interstate Commerce Commission regulations, Uniform Freight Classification rules, or regulations of other carriers as applicable to the mode of transportation. Damaged materials shall be replaced by the Contractor at no cost to the Government.

A packing slip shall accompany each shipment, itemizing all materials included in the shipment.

D-3 SHIPPING RECEIPTS

Receipts from common carriers for shipment of materials shall be retained by the Contractor and made available to the Contracting Officer upon request.

D-4 SHIPPING CONTAINER MARKINGS

SECTION D– PACKING AND MARKING RFP 12844718R0002

All shipping containers shall be clearly marked with the delivery address. See Section F, Place of Delivery.

D-5 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) (FAR 52.252-2)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/ http://farsite.hill.af.mil/

{No clauses for this Section of the Contract}

SECTION E– INSPECTION AND ACCEPTANCE RFP 12844718R0002

PART I -THE SCHEDULE

SECTION E - INSPECTION AND ACCEPTANCE

E-1 INSPECTION AND ACCEPTANCE (FEB 1988) (AGAR 452.246-70)

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.

Inspection and acceptance will be performed at:

Aerial Photography Field Office 2222 West 2300 South Salt Lake City, Utah 84119-2020

E-2 INSPECTION PROCEDURE

All materials specified in Section F, Deliverables, will be inspected to determine conformance to all contract requirements and specifications. Inspections will be performed at APFO in Salt Lake City, Utah. (Refer to FAR 52.246-2, Inspection of Supplies-Fixed Price, and FAR 52.246-4, Inspection of Services-Fixed Price)

If any of the services do not conform to the contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may:

(a) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and

(b) Reduce the contract price to reflect the reduced value of services performed.

E-3 INSPECTION SCHEDULE

The Government will make every effort to inspect all material specified within thirty (30) calendar days after they are received at the point designated. Should the inspection procedure be delayed longer than thirty (30) days, the Contractor will be notified of the reason(s) for delay and given the estimated completion date. Contract materials will be inspected in the order of their receipt, unless otherwise prioritized by the Government.

Contract materials will be inspected in the order of their receipt, unless otherwise prioritized by the Government. Inspection of project areas where the photographic season is open will be given priority over projects for which the season has closed.

The Contractor will be notified in writing whether the materials are satisfactory and what areas, if any, shall be re-photographed and what materials, if any, shall be remade because of non-conformity with contract requirements.

E-4 ACCEPTANCE

Final acceptance will be made after inspection by the Government of all required materials delivered at the specified destination. The delivery date is specified under Section F, Schedule for Delivery of Materials. The acceptance date shall be the date of the letter by the Government to the contractor stating all materials are acceptable and invoice may be submitted.

Acceptance on any incomplete project item will be made only after the acquisition period has ended and all materials required for the partial project item have been delivered and inspected by the Government. The acceptance date shall be the date of the letter by the Government to the contractor identifying the amount of partial acceptance and referring the contractor to the Contracting Officer.

E-5 WARRANTY

The following clause pertains to the image processing task performed under this contract and does not apply to the image acquisition task.

WARRANTY OF SERVICES – FAR 52.246-20 (May 2001)

(a) Definitions.

“Acceptance,” as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 180 days from the date of acceptance by the Government. This notice shall state either --

(1) That the Contractor shall correct or reperform any defective or nonconforming services;

or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

E-6 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) (FAR 52.252-2)

they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/ http://farsite.hill.af.mil/

52.246-02 Inspection of Supplies - Fixed Price (AUG 1996)

52.246-04 Inspection of Services - Fixed Price (AUG 1996)

52.246-16 Responsibility for Supplies (APR 1984)

SECTION F – DELIVERIES OR PERFORMANCE RFP 12844718R0002 Amendment 1

SECTION F - DELIVERIES OR PERFORMANCE

F-1 NOTICE TO PROCEED

The Contracting Officer will authorize and direct the acquisition period to begin or end anytime within thirty (30) days before or after the approximate acquisition dates given in the Schedule, depending upon the weather, ground, foliage, and sun angle conditions required for the project item or area. No imagery shall be undertaken before the Notice to Proceed is issued or after the final date of the acquisition period (or its extension) has occurred. Weather and ground conditions for all project locations will be monitored daily to determine Contractor compliance to performance requirements.

The Notice to Proceed will be given by telephone and confirmed in writing by regular mail. Failure of the Contractor to proceed with flights on a project item area within 10 calendar days after a "Notice to Proceed" is given, may be considered as evidence of failure to prosecute the work so as to ensure its timely completion. As evidence of performance, Progress Reports shall be submitted.

(see Section C-3.5(a), Progress Reports)

F-2 DELIVERABLES

The following deliverables shall be submitted by the Contractor and prepared in accordance with contract specifications including work statement (Section C), packaging and marking (Section D), inspection and acceptance (Section E), and delivery schedule (Section F). The deliverables for this contract consist of the following:

Deliverable Initial Submission Date Additional Submission(s)

Government Approval Required

Metadata Required

Flight Plan At least 5 business days before notice to proceed.

As required No No

Pre-Production Imagery Sample

Within 5 business days of the first image acquisition

As required Yes No

Orthorectified Image

See paragraph F-4, Schedule for Delivery of Materials (must be submitted as full states)

As required Yes Yes (deliver with imagery

Progress Reports Daily, starting with first day of acquisition period

Daily, until 100% imagery acquisition

No No

Subcontract Plan Within 15 business days of contract award As required Yes No

F-3 SCHEDULE FOR DELIVERY OF MATERIALS

All materials required in this contract shall be shipped within the time limits specified below. Failure to ship within this period will be considered as failure by the Contractor to prosecute the work as to ensure completion and will render the contract subject to default. Date of shipment will be shown by postmark or carrier receipt.

3.1 Original Materials - Delivery Schedule. The imagery and related data material should be shipped as soon as completed, but no later than thirty (30) calendar days after the acquisition period end date for each project item, or any season extension thereof. Imagery shall be submitted on a full state basis. Prompt delivery of all materials will better assure the timely inspection and prompt payment for accepted materials.

3.2 Remake Materials - Delivery Schedule. Remake materials shall be shipped as soon as possible after correction is made, but no later than fifteen (15) days after receipt in the Contractor's facility of the materials or data required to make the corrections. Only materials as specifically requested by USDA to be remade shall be submitted for inspection.

F-4 PLACE OF DELIVERY

The materials to be furnished hereunder shall be delivered, all transportation charges paid by the Contractor, and in accordance with FAR Clause 52.247-34, F.o.b. Destination, to:

USDA Aerial Photography Field Office Attn: Contracting Officer’s Representative 2222 West 2300 South

Offers submitted on a basis other than F.o.b. Destination within consignee's premises will be deemed unacceptable or rejected as non-responsive.

F-5 ACQUISTION PERIOD EXTENSION

The Government reserves the right to extend the acquisition period of this contract beyond the period indicated in the Schedule, at no increase in price, by written notice to the Contractor at any time prior to the end of the acquisition period. (Refer to FAR 52.217-08, Option to Extend Services).

A lower minimum sun angle requirement may be necessary to allow the season extension.

F-6 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2)

they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

52.242-15 Stop Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

SECTION G – CONTRACT ADMINISTRATION DATA Amendment 1 RFP 12844718R0002

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 CONTRACTING OFFICE

The Aerial Photography Field Office (APFO) of the United States Department of Agriculture (USDA), Farm Service Agency (FSA), is responsible for the solicitation, award, and administration of this contract.

Communications shall be directed to:

Contracting Officer Farm Service Agency 2222 West 2300 South

Telephone (801) 844-2909

Written correspondence shall reference the contract number plus project number, if applicable.

G-2 CONTRACTING OFFICER'S REPRESENTATIVE

Each contract may have a Contracting Officer's Representative (COR). Such designations will be made either at the time of award or by appointment letter.

G-3 CONTRACT INTERPRETATION

Technical assistance regarding interpretation of the specifications and/or terms of the contract will be provided by the Contracting Officer or the COR. Only the Contracting Officer has authority to award, modify, and terminate contracts. The Contractor is encouraged to visit the USDA-APFO facilities and discuss the contract and inspection procedures.

G-4 SUBCONTRACTS

Before entering into a subcontract covering any part of the work called for, the Contractor shall inform the Contracting Officer and submit information required to determine acceptability and approval of the proposed subcontractor.

G-5 PACKING SLIPS

Packing slips are required for this contract with each delivery of media and may be in the form of a memo listing each easement for the state being submitted.

G-6 INVOICES

All payment requests shall be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP). The IPP website address is:

https:/www.ipp.gov.

To constitute a proper invoice, the invoice shall contain the following items in addition to the requirements of FAR clause 52.232-25, Prompt Payment:

(a) Date of delivery or receipt

Notice of an apparent error, defect, or impropriety in an invoice will be given to the Contractor within 7 days of receipt of an invoice and suitable documented.

G-7 PERFORMANCE BASED PAYMENTS FAR 52.232-32 (APR 2012)

The Contractor may submit an invoice for 60% of the awarded dollar value of any state when imagery for that state is certified as being fully acquired. The remaining 40% may be invoiced upon notification of final acceptance for the state.

(a) Amount of payments and limitations on payments. Subject to such other limitations and conditions as are specified in this contract and this clause, the amount of payments and limitations on payments shall be specified in the contract’s description of the basis for payment.

(b) Contractor request for performance-based payment. The Contractor may submit requests for payment of performance-based payments not more frequently than monthly, in a form and manner acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The Contractor’s request shall contain the information and certification detailed in paragraphs (l) and (m) of this clause.

(c) Approval and payment of requests.

(1) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or performance criterion for which payment is requested. The Contracting Officer shall determine whether the event or performance criterion for which payment is requested has been successfully accomplished in accordance with the terms of the contract. The Contracting Officer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion which has been or is represented as being payable.

(2) A payment under this performance-based payment clause is a contract financing payment under the Prompt Payment clause of this contract and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved requests on the 30th day after receipt of the request for performance-based payment by the designated payment office. However, the designated payment office is not required to provide payment if the Contracting Officer requires substantiation as provided in paragraph (c)(1) of this clause, or inquires into the status of an event or performance criterion, or into any of the conditions listed in paragraph (e) of this clause, or into the Contractor certification. The payment period will not begin until the Contracting Officer approves the request.

(3) The approval by the Contracting Officer of a request for performance-based payment does not constitute an acceptance by the Government and does not excuse the Contractor from performance of obligations under this contract.

(d) Liquidation of performance-based payments.

(1) Performance-based finance amounts paid prior to payment for delivery of an item shall be liquidated by deducting a percentage or a designated dollar amount from the delivery payment. If the performance-based finance payments are on a delivery item basis, the liquidation amount for each such line item shall be the percent of that delivery item price that was previously paid under performance-based finance payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, liquidation shall be by either predesignated liquidation amounts or a liquidation percentage.

(2) If at any time the amount of payments under this contract exceeds any limitation in this contract, the Contractor shall repay to the Government the excess. Unless otherwise determined by the Contracting Officer, such excess shall be credited as a reduction in the unliquidated performance-based payment balance(s), after adjustment of invoice payments and balances for any retroactive price adjustments.

(e) Reduction or suspension of performance-based payments. The Contracting Officer may reduce or suspend performance-based payments, liquidate performance-based payments by deduction from any payment under the contract, or take a combination of these actions after finding upon substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (h) and (i) of this clause).

(2) Performance of this contract is endangered by the Contractor’s --

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) The Contractor is delinquent in payment of any subcontractor or supplier under this contract in the ordinary course of business.

(f) Title.

(1) Title to the property described in this paragraph (f) shall vest in the Government.

Vestiture shall be immediately upon the date of the first performance-based payment under this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract

(2) “Property,” as used in this clause, includes all of the following described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices:

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment and other similar manufacturing aids, title to which would not be obtained as special tooling under subparagraph (f)(2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract (e.g., the termination clauses) shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract, without requesting the Contracting Officer’s approval, provided that any significant reduction in the value of the property to which the Government has title under this clause is reported in writing to the Contracting Officer.

(5) In order to acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor shall obtain the Contracting Officer’s advance approval of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the proceeds thereof) not --

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(g) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. If any property is lost (see 45.101), the basis of payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(h) Records and controls. The Contractor shall maintain records and…