SOW A E.docx

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF ITEMS:

Area – Zone 1: Towns and Lands Located within the Caribbean N.F. proclamation boundary (See Exhibit 1)

AMOUNT

Property Line Painted (Min. 1 and Max. 100) Mile

(Min. 1 and Max. 100) Each

3A

Corner Monumentation (Min. 1 and Max. 200)

Grid Monumentation (Min. 1 and Max. 500) Each

Each

(Min. 1 and Max. 50) Mile

*5A

Control Traverse (Min. 1 and Max. 50)

Mile

Mile

Property Line Marked

Plat of Survey (Min. 1 and 20)

Sheet

*Unit prices for Control Traverse for work areas will be paid within a negotiated price range. To define the range, Item 5A is defined by field conditions where traversing takes place along roads or in open areas with excellent visibility. Item 5B is defined by field conditions that require traversing in hilly dense forest or swamp terrain. To determine a negotiated unit price within the set range existing field conditions of each project will be used by the Contracting Officer’s Representative (COR) and contractor. No work will be performed under work item (5A & 5B) Control Traverse until unit prices have been agreed to and documented in writing.

B.2 SCHEDULE OF ITEMS:

Area – Zone 2: Towns and Lands Located outside the Caribbean N.F. proclamation boundary and on the main island

AMOUNT

Property Line Painted

Mile

(Min. 1 and Max. 100) Each

Corner Monumentation

Grid Monumentation

Each

(Min. 1 and Max. 50) Mile

Mile

*Unit prices for Control Traverse for work areas will be paid within a negotiated price range. To define the range, Item 5A is defined by field conditions where traversing takes place along roads or in open areas with excellent visibility. Item 5B is defined by field conditions that require traversing in hilly dense forest or swamp terrain. To determine a negotiated unit price, within the set range of existing field conditions, of each project will be used by the Contracting Officer’s Representative (COR) and contractor. No work will be performed under work item (5A & 5B) Control Traverse until unit prices have been agreed to and documented in writing.

B.3 SCHEDULE OF ITEMS:

Area – Zone 3: Towns and Lands Located under the jurisdiction of the government of Puerto Rico and outside the main island

AMOUNT

Property Line Painted

Mile

(Min. 1 and Max. 100) Each

Corner Monumentation

Grid Monumentation

Each

(Min. 1 and Max. 50) Mile

Mile

*Unit prices for Control Traverse for work areas will be paid within a negotiated price range. To define the range, Item 5A is defined by field conditions where traversing takes place along roads or in open areas with excellent visibility. Item 5B is defined by field conditions that require traversing in hilly dense forest or swamp terrain. To determine a negotiated unit price, within the set range of existing field conditions, of each project will be used by the Contracting Officer’s Representative (COR) and contractor. No work will be performed under work item (5A & 5B) Control Traverse until unit prices have been agreed to and documented in writing.

B.4 INDIVIDUALS AUTHORIZED TO PLACE ORDERS

The Contracting Officer is authorized to place orders, within his/her warranted authority, under this contract. Contract Specialists and Purchasing Agents are authorized to place orders, within his/her warranted authority, for items not requiring negotiations. Orders shall be placed using the Purchase Order/Delivery Order/Task Order form. Anyone other than the Contracting Officer who issues a Task Order must provide a copy of the Task Order to the Contracting Officer.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 US Forest Service International Institute of Tropical Forestry: END-RESULT SPECIFICATIONS

3000 SCOPE OF CONTRACT

The scope of work performed may include: (1) retracements surveys, dependent resurveys, metes and bounds surveys, the meandering of bodies of water, and posting and marking boundary lines, (2) the search for and evaluation of records, (3) the search for and evaluation of collateral and physical evidence, (4) field data collection and measurements, (5) documentation of corner point establishment or (re)establishment, and monumentation, (6) preparation and submission of reports, field notes, and plats, (7) marking and posting of boundary line, (8) Preparation of documents for the United States Forest Service Standards.

3100 PROJECT DESCRIPTION AND LOCATION

All work performed under this contract will be under the direct supervision of a licensed Professional Land Surveyor, licensed in Puerto Rico. All surveys shall comply with applicable state laws and regulations.

The work to be performed under this contract involves retracement surveys of farm lands previously under the administration of the USDA Farm Service Administration. Retracement surveys will be performed between accepted corner positions, and/or corners specified in the deeds, and/or as designated by the COR. All corners to be monumented as part of a retracement survey will be designated by the COR. Government property lines will be designated for marking to Forest Service Standards. A Plat of Survey will be required for recordation.

The project areas Zone 1, 2 and 3 are located and specified in the Schedule of Items.

Award of this contract will not restrict the Government from having cadastral surveying services performed by Government employees or others during the contract period.

The following specifications are specific requirements of the work you shall perform in addition to (or as a clarification of) the preceding professional services.

3122 SURVEY METHODS AND PROCEDURES

The Contractor shall select the methods and instruments to be used for field data collection and boundary location. Methods such as photogrammetry, traverse, triangulation, total station and the Global Positioning System may be used. ALL ELECTRONIC DATA SHALL BE PROVIDED TO THE GOVERNMENT AND SHALL BECOME PROPERTY OF THE GOVERNMENT. The system selected shall meet or exceed the accuracy standards prescribed by Puerto Rico and the CIAPR (Colegio de Ingenieros y Agrimensores de Puerto Rico)

3122.1 Use of Global Positioning System

Geodetic/survey grade GPS equipment and methods may be utilized for measurements by contractors having that capability when it saves cost and/or time compared to conventional methods. The use of GPS does not relieve the Contractor from the responsibility to search and evaluate all evidence of previously performed surveys along a surveyed line and to tie evidence of encroachment and occupation onto government land.

All clearing is limited to shrubs and trees less than 6 inches in diameter. The COR must approve all other clearing on government Lands by the contractor. Clearing on privately owned lands must be approved in writing by the property owner.

All GPS survey work shall meet or exceed the accuracy standards prescribed by Puerto Rico and the CIAPR (Colegio de Ingenieros y Agrimensores de Puerto Rico), and should conform to the Forest Service/BLM “Standards and Guidelines for Cadastral Surveys Using Global Positioning System Methods”. Any station with uncertainties greater than those outlined in these standards will either need to be re-occupied or made part of a conventional traverse to confirm the coordinate pairs.

3122.2 Survey Standards

The position of each corner established or tied must be determined as part of a closed traverse loop, an acceptable radial tie, or a point positioning procedure designed to meet the standards that meet or exceed those prescribed by Puerto Rico and the CIAPR (Colegio de Ingenieros y Agrimensores de Puerto Rico). The standard for locating the boundary line between corners is specified in Section 3141.

3122.3 Determination of Bearing

The method used must be capable of establishing azimuth (astronomic, geodetic, or state plane grid) to within 1 minute of arc. Assumed bearings will not be accepted.

3122.4 Adjoiner notification

Prior to the start of fieldwork, the Contractor shall send, by Certified Mail, notification to the property address and the owners address if different from the property of the pending survey. In addition to notification, the letter will address permission for access, and marking of accessories and clearing line on private land if necessary. A copy of the list of adjoiners and return receipts will be provided to the COR.

3122.5 Clearing for Control Survey

Clearing shall be kept to the minimum necessary for the survey. Survey operation should be kept on Government land whenever possible. Trees greater than 6” in diameter shall not be cut along control traverse lines.

3125 CONTROL DIAGRAM

The Contractor shall provide a control diagram showing reduced survey data of control surveys and other survey computations made. This shall be provided prior to the posting, marking, or monumentation of any designated project. The COR will be allowed 5 working days to review the submitted documentation. A listing of coordinates shall be provided with all diagrams with a copy al all electronic data files.

3130 CORNER MONUMENTATION AND ACCESSORIES

3131 Property Corner Monumentation

All property corners requiring monumentation in this contract shall be established, re-established, or perpetuated using a monument provided by the Government. Corner positions established shall meet the specifications in Section 3122.2

3131.1 Property Corner Monument Stamping

All corners monumented under this contract using a monument provided by the Government shall be stamped in accordance with the examples as shown in Exhibit 2. In addition to the corner designation, the surveyor’s registration number and year the monument was set shall be stamped on the lower portion of the brass cap. Monuments shall be set as shown on Exhibit 2A.

3131.2 Rectangular Grid Monumentation

The monumentation of a 100 meter by 100 meter grid within the boundary of a tract or parcel of land. All 100 meter by 100 meter grid intersection requiring monumentation in this contract shall be established, or perpetuated using a monument provided by the Government. Grid monumentation positions established shall meet the specifications in Section 3122.2

3131.7 Signing

Signs to be used are shown on Exhibit 5. Sign placement and attachment shall be in accordance with Exhibit 5A. The government will provide all signs, metal or Carsonite posts, and bearing tree tags.

3132 Bearing Trees and Accessories

All corners established and/or maintained in this contract shall have a minimum of four accessories created in accordance with Exhibit 3, unless otherwise directed by the COR.

Each corner monumented under this contract shall have a metal post with sign 54-9 attached or Carsonite post with decal P71-10 affixed, placed no greater than three (3) feet from the monument and along the property line. Contractor shall set a government furnished magnetized nail and washer in the blazed area of the tree. The washer shall be stamped at a minimum with the land surveyor’s state registration number.

3133 Preparation of Forest Service Corner Cards

For each corner position monumented or maintained, under this contract, a Forest Service Corner Card (Form 7100-52) will be prepared. The form will document the entire survey history of the corner position. The current/existing corner monument and references shall be added to the plat and made a part thereof. Prior to final payment, the corner cards will be submitted to the COR for review. See Exhibit 4. the Corner Card information

3140 BOUNDARY LINE LOCATION, MARKING AND POSTING

The Contractor shall locate, mark, and post the boundary lines in accordance with the following specifications.

3141 Locating the Property Line

The position of property corners controlling the location of the property line shall be located by survey methods that ensure that they meet or exceed standards prescribed by Puerto Rico and the CIAPR (Colegio de Ingenieros y Agrimensores de Puerto Rico).

3142 Posting the Property Line

Posting is the act of placing posts and signs along the property line so that it is recognizable. The posts and signs defining the property line shall have a positional tolerance of +/- 0.5 feet in relation to the boundary line being posted. Some of the signs that are available are shown on Exhibit 5 and 5A. The government will provide all signs and posts.

3142.1 Clearing Property Line

The property line will be cleared of small trees, brush, and debris to allow easy foot travel, unless the line is defined by such features as a hedge, fence, lane or road. Trees over 6 inches in diameter shall not be cut along property lines

3142.2 Blazing and Painting Property Line

The contractor shall blaze all trees (over 4 in. dia.) on government lands within arms reach of the property line. Old blazes along the property line shall not be reopened. Trees located on private lands will not be marked unless approved in writing by the private adjoiner. See Exhibit 6

A government provided heavy red paint shall be applied to all blazes on trees used to mark the property line and bearing tree blazes.

3142.3 Boundary Sign Placement

Carsonite or metal line posts shall be placed only on the true property line located to the standard specified in Section 3142.

Sign 54-2, “Property Boundary Sign”, shall be placed on line trees. Line posts shall be placed at ridge, stream, road, and trail crossings. Posts shall be placed so as to be intervisible, if the trees and brush were removed. Posts shall be placed 50-100 feet from each corner controlling the location of the property line, and at not more than 300 ft. intervals elsewhere along the line. Where Forest Service trails and roads are intersected, posts shall be placed 5-10 feet either side of the traveled roadway. See Exhibits 5 & 5A.

3142.4 Visually Sensitive Areas

The COR will determine if corner accessories and the property line should be marked in a less visible manner near houses and public use areas. Carsonite posts with decals P54-1 and P71-10 will be used in these areas. Tree blazes and paint will be limited in these visually sensitive areas.

3150 PLAT OF SURVEY

The Contractor shall prepare a recordable Plat of Survey drawing for all completed boundary surveys performed under this contract. The plat(s) shall show the relationship of recovered and established corner positions used for the survey. A description of all monuments recovered and established. Any monuments found near a corner position and rejected shall also be described and shown.

The Federal Government property boundary shall be shown as a heavy bold line. All overlaps, hiatus, or encroachments will be clearly shown on the drawing, whether created by deed calls or by monumentation on the ground. The plats shall meet the all requirements and standards for recording prescribed by the Puerto Rico Lands Registry (Registro de la Propiedad). In addition, all survey plats will be prepared using a CADD system and the final electronic CADD file shall be provided to the COR.

Projects performed using a state plane grid system shall include a data table listing the geodetic and grid coordinates of all government property corner positions recovered, re-established and established.

3152.2

Prior to filing or recording, one hard copy of the plat shall be submitted to the COR for review and acceptance. After acceptance and recordation, three prints and two Mylar copies showing the county recording information shall be furnished to the COR.

3221 CORNER MAINTENANCE

3221.1 Brush and debris within a 3-foot radius of the corner shall be cleared away.

3221.2 The Contractor shall notify the COR of any damaged or missing monuments.

3310 REPORT OF SURVEY

Upon completion of the project, the Contractor shall furnish the Government a Report of Survey. The report shall contain any information the Contractor considers pertinent to the project. At a minimum, the report shall contain the following:

(a) Plat of Survey drawing (if required).

(b) Control Diagram

(c) Closure Report for Control Traverse and Quality Control Checks for Project

(d) Original Field Books

(e) Project coordinate listing

(f) All Corner Cards

(g) Statements made by adjoining landowners or interested parties relevant to the project

(h) Surveys performed using static GPS techniques will include the following:

Network design Final adjusted positions in NAD83 Datum, Geographic and State Plane Coordinates.

Printout of supporting documents of accuracies achieved An analysis of the GPS results and an outline of any difficulties encountered.

(i) Surveys performed using Real-Time Kinematic (RTK) GPS techniques shall include a printout showing all independent measurements for each point. The difference between multiple measurements shall be within acceptable tolerance according to state statutes and Forest Service/BLM guidelines.

Note: Information regarding visible signs of encroachment or trespass shall be shown on the plat of survey and/or control diagram.

PERFORMANCE OF SERVICES

(A) Quality Control:

The Contractor shall provide adequate internal controls and review procedures to eliminate conflicts, errors, and omissions, and to insure the technical accuracy of all services and products. All submittals shall be reviewed for contract compliance prior to delivery.

(B) Site Visits, Inspections, and Investigations:

The Contractor shall notify the Government of all project site visits, inspections, meetings, or conferences. The Contractor shall visit and inspect/investigate the identified project site(s) as necessary and as required during the preparation and accomplishment of the work.

(C) Meetings and Conferences:

Periodic meetings shall be held, whenever requested by the Government or the Contractor, to resolve questions and problems relating to the work required under each task order.

The Contractor shall be required to attend and participate in all conferences. These conferences may be located at the project site, Contractor’s Office, a Forest Service Office, or other locations as mutually agreed upon.

(D) Coordination and Execution of the Work:

The Contractor shall furnish sufficient technical, supervisory, and administrative personnel to insure execution of the work in accordance with the schedule in the task order.

During the execution of the work, the Contractor shall keep in close liaison with the COR or Inspector.

Work beyond the original scope of work shall be accomplished only at the direction of the Contracting Officer.

(E) Submission of Project Data:

The Contractor shall submit a Report of Survey as required under Section 3310 for review by the Contracting Officer or designated representative by the negotiated delivery date as specified in the task order.

MEASUREMENTS AND PAYMENTS

DEFINITIONS:

The Definition of Work Items shown below establishes and defines the work that may be performed under this contract. Task Orders, issued in accordance with the contract specifications, will be used to specify project locations and work items to be performed.

Payment for services performed under this contract will be based upon the Definition of Work Items and the unit prices.

Definition of Work Items

1. Corner Search – To include all record search, compass and chain work, line and corner evidence evaluation necessary to perpetuate or reestablish a corner position.

2. Corner Maintenance – To replace dead, damaged, or destroyed bearing trees or objects with new references marked to Forest Service standards. Includes the documentation and filing of a Forest Service Land Corner Card.

3. Corner Monumentation – To place a monument and accessories at each corner position established by survey or recovered from evidence. All corner monumentation will meet Forest Service Standards called for in this contract. Includes the documentation and filing of a Forest Service Land Corner Card.

4. Control Traverse – The length of the straight horizontal line derived by inversing between controlling and monumented corner positions along the boundary. Total length will be determined from the Plat of Survey or the control diagram, if no plat is required. Payment will be to the nearest 1/100 of a mile. Measurement of the line can be performed by conventional traverse, GPS, or a combination of the two methods. This pay item is to include locating of traverse routes, all line clearing, measurements, data collection, and reduction.

5. Property Line Marked – The length of the straight horizontal line between controlling and monumented corner positions marked as property line according to the specifications in this contract. Payment will be based upon the property line distance derived from inverse, to the nearest 1/100 mile, between monumented and accepted corner positions.

Does not include work necessary to paint property lines and bearing trees.

6. Property Line Maintenance – The length of the straight horizontal line between controlling and monumented corner positions marked and maintained as property line according to the specifications in this contract. Payment will be based upon the property line distance derived from inverse, to the nearest 1/100 mile, between monumented and accepted corner positions. Does not include work necessary to paint property lines and bearing trees.

7. Plat of Survey – A drawing, meeting the specifications as defined in Section 3150. This item shall not be payable until the COR has approved the Plat of Survey.

8. Control Traverse – shall include all work necessary to perform corner search under this contract. Corner search includes all record search, compass and chain work, line and corner evidence evaluation necessary to perpetuate or re-establish a corner position.

9. Property Line Painted – All work necessary to paint property lines and bearing trees to the standards called for in the contract specifications.

SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) 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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

(a) The Contracting Officer or the Contracting Officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at:

SECTION F--DELIVERIES OR PERFORMANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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): www.arnet.gov/far/

52.242-14 Suspension of Work (APR 1984)

AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from date of contract award through three (3) years from contract award.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-7 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at:

US Forest Service International Institute of Tropical Forestry Jardin Botánico Sur 1201 Calle Ceiba San Juan, PR 00926-1119 or another mutually agreed upon location.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Contractor shall be responsible for providing all other necessary supplies and equipment.

Carsonite Posts -- As needed Red Paint -- As needed Aluminum Caps for Monuments -- As needed Deep One Magnets -- As needed Forest Service Signs 54-9, 54-3 and 54-2 -- As needed Magnetic nails and washers – As needed

Coordination with the COR will be necessary to insure that Government furnished property is available at the correct locations and in the quantities required for each project.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

FAR 52.236-4 Physical Data (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by survey.

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Manager, Professional Surveyor, Survey Crew Chief.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

AGAR 452.224-70 CONFIDENTIALITY OF INFORMATION (FEB 1988)

(a) Confidential information, as in this clause means:

1) Information or data of a personal nature, proprietary about an individual, or

2) Information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a) 1) and 2) above, information which might require special consideration with regard to the timing of is disclosure may derive from studies or research, during which private disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information, which the government will furnish to the Contractor of that the Contractor is expected to generate, which is confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the “Disputes” clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a) 1) and 2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor’s intent to release finding of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45-day period, the Contractor may proceed with disclosure. Disagreement not resolved by the Contractor and Contracting Officer will be settled pursuant to the “Disputes” clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or Local laws.

AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996) ALTERNATIVE I (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer’s Liability. The Contractor is required to comply with applicable Federal and State workers compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a Contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker’s compensation to be written by private carriers.

(b) General Liability.

1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

2) The Contractor shall have property damage liability insurance required in the amount of $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other that passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

AGAR 452.237-75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor’s possession, to those employees needing such information to perform the work provided herein, i.e., on a “need to know” basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 1997) 52.204-4 Printed or Copied Double- Sided on Recycled Paper (AUG 2000) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUL1995)

52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-75 Restrictions Against Disclosure (FEB 1988) FAR 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through May 31, 2006.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days of the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989) In compliance with the Service Contract Act of 1965, as am ended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It Is Not A Wage Determination.

FAR 52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information (MAY 1999)

(a) As provided in paragraph (b) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration, the Government has designated the office cited in paragraph (c) of this clause as the office to receive the Contractor's electronic funds transfer (EFT) information, in lieu of the payment office of this contract.

(b) The Contractor shall send all EFT information, and any changes to EFT information to the office designated in paragraph (c) of this clause. The Contractor shall not send EFT information to the payment office, or any other office than that designated in paragraph (c). The Government need not use any EFT information sent to any office other than that designated in paragraph (c).

(c) Designated Office:

Name: USDA NATIONAL FINANCE CENTER Telephone Number: (800) 421-0323

FAR 52.244-6 Subcontracts for Commercial Items and Commercial Components (APR 2003)

(a) Definitions. As used in this clause- "Commercial item" has the meaning contained in the clause at 52.202-1, Definitions.

"Subcontract" includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c)(1) The following clauses shall be flowed down to subcontracts for commercial items:

(i) 52.219-8, Utilization of Small Business Concerns (Oct 2000) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity(Apr 2002) (E.O. 11246).

(iii) 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (Apr 1998) (38 U.S.C. 4212(a)).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June-1998) (29 U.S.C. 793).

(v) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (APR 2003) (46 U.S.C. Appx 1241 and 10 U.S.C. 2631) (flow down required in accordance with paragraph (d) of FAR clause 52.247-64).

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

FAR 52.246-20 Warranty of Services (MAY 2001)

(a) Definition. "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 30 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.

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

The attachments listed below form a part of this request for proposals and any resultant contract:

EXHIBIT 1

Zone 1: Towns and Lands Located within the Caribbean N.F. proclamation boundary

AG-F430-S-10-0002

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