R -- Abstract and Closing Services for Easement Programs in various counties in South Dakota

The objective of this contract is to retain closing services for acquisitions of wetland and grassland easements on behalf of the United States of America, acting by and through the Natural Resources Conservation Service, United States Department of Agriculture, pursuant to Title XII of the Food Security Act of 1985, as amended, 16 U.S.C. 3837. The Wetlands Reserve Program, Emergency Watershed Protection Program/Floodplain, Grasslands Reserve Program, and the Farm and Ranchland Protection Program authorize the acquisition of easement rights from willing landowners for the purpose of restoring and protecting wetlands and grasslands. The NRCS is the lead agency within the USDA charged with administering these programs. The contractor shall furnish all closing services, including obtaining title insurance from a title company qualified and authorized by law to issue title insurance policies in the state where the land lies and be approved by the State Insurance Commissioner or equivalent. In addition, the title company should be on the approved list of the U.S. Attorney General. The Contractor will perform the same closing services as in a commercial transaction including disbursement of funds, obtaining and recording deeds, and any necessary, curative instruments to assure merchantable insurable title to the easement in the name of the United States of America, by and through the Secretary of Agriculture, to the wetland and/or grassland easement. The closing services will be performed in the county courthouse of the county in which the wetland and/or grassland easement is located, unless the Contractor, landowner, and NRCS representative mutually agree to a different location. The Contractor is responsible for having a current knowledge of the requirements of state law in connection with closing real estate transactions and title clearance. The title insurance company and their issuing agents must be authorized by law to furnish title insurance and must be approved by the by the State Insurance Commissioner in the state where the land lies. In addition, the title insurance company must be on the U.S. Attorney General's list of approved companies. The Contractor will provide evidence of liability insurance coverage for errors and omissions in the amount of at least $1,000,000 and fidelity coverage of at least $500,000 on each individual who will have access to the WRP, EWP, GRP or FRPP funds or provide an indemnification agreement from the title insurance for which the Contractor will close the transaction(s) satisfactory to the NRCS providing for reimbursement to NRCS for any loss caused by fraud or dishonesty or failure by the attorneys, agents, or employees of the Contractor to comply with NRCS written closing instructions. The ALTA Closing Protection Letter Revised 3/27/87 is satisfactory to meet this condition of responsibility. Evidence of liability must be provided prior to contract award. Upon completion of the closing, the Contractor will send to NRCS the ALTA U.S. Policy Form 9/28/91, naming the United States of America, by and through the Secretary of Agriculture, as the insured, in the amount of the purchase price as of the date and time of recording of the Warranty Easement Deed to the United States of America. The policy of title insurance will be free and clear of any and all encumbrances (exceptions) to the title except those shown as acceptable in the OGC Preliminary Opinion. At the time of closing, the Contractor will provide a Settlement Statement to the landowner, in the form similar to HUD-1 (8-87) RESPA, HB 4305.2. Upon receipt of the survey plat by the NRCS, the Contractor will forward the preliminary title package to the contracting officer at the NRCS state office within ten (10) business days. Upon receipt of the PTO of the OGC, the Contractor will close the transaction within ten (10) business days of receipt of payment. Within five (5) business days of closing, the contractor will forward the final package to the contracting officer at the NRCS State Office. Work performance required by this SOW will involve access to potentially sensitive information about governmental and landowner issues. All Contractor personnel must comply with the terms of AGAR 452.224-70, Confidentiality of Information, as well as provisions of the Privacy Act of 1974, 5 U.S.C. 552a. Additionally, the Contractor's employees shall comply with privacy of personal information relating to natural resources conservation programs in accordance with Section 1244 of Title II of the Farm Security and Rural Investment Act of 2002 (P.L. 1078-171). The Contractor will ensure that personnel prohibit discrimination in all aspects of programs and activities related to the Contract on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, or marital or family status. Only the NRCS Contracting Officer may authorize a modification to this contract. Any questions may be directed to the Contracting Officer, Sue Jones at +1 (555) 000-0000 or via fax at +1 (555) 000-0000. All technical questions shall be directed to Vicki Supler, Contract Specialist, at +1 (555) 000-0000.