Attachment 1 PWS Chuck River.pdf

Chuck River Land Appraisal Services Performance Work Statement (PWS) Page 1 of 8

1. General Information

1.1. Background and Purpose: This is a non-personal services contract for Appraisal Services of proposed action is to acquire all interests in approximately 27.64 acres of privately owned land, which is owned by The Wilderness Land Trust and located roughly 70-air miles southwest of Juneau Alaska, along Chuck River in Windham Bay. The parcel is located within the Tongass National Forest, within the Chuck River Wilderness.

1.2. Outline of Services: The project consists of one appraisal report for the specified property. For the purposes of these specifications, any appraisal report will need to be prepared in accordance with the “Uniform Standards of Professional Appraisal Practice” (USPAP), with the “Uniform Appraisal Standards for Federal Land Acquisitions” (UASFLA), and the Forest Service Appraisal Handbook (2021). The report shall provide an opinion of market value for the estate to be appraised and shall conform to the editions of USPAP, published by The Appraisal Foundation, current as of the date of the report, as well as UASFLA and the Forest Service Handbook (FSH 5409.12). The contract appraiser may be provided a pre-determined date of value for the entire project; otherwise, the date of the value estimate shall be the last date the contract appraiser inspected the appraised property.

1.2.1. The Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, and other items necessary to provide the services outlined below and described in this Performance Work Statement (PWS).

1.2.2. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.2.3. The Contracting Officer’s Representative (COR) for the Government will be available to the

Contractor for any clarification of this PWS and for any arrangement necessary for a site inspection and other needs.

1.3. Project Location: This parcel is approximately 27.64-acres and is located roughly 70-air miles southwest of Juneau Alaska, along Chuck River in Windham Bay. The parcel is located within the Tongass National Forest, within the Chuck River Wilderness.

1.3.1. Access – The subject property is remote wilderness and can only be accessed via boat or float plane. Chuck River is tidally influenced, and access by boat or floatplane is limited by tidal activity. Presently, the only access into the property is by boat, helicopter or floatplane because there are no existing roads into or throughout the area. Therefore, access for site inspection purposes by the Contractor will be by boat or via air. See Appendix 1: Chuck River Map.

Access to property shall be arranged by the Contracting Officer’s Representative (COR).

1.4. Period of Performance: Award – 1/19/2025

1.5. Government Regular Working Hours: The Government's regular working hours are from 0700 to 1700, five days per week, Monday through Friday, except observed Federal holidays.

Exceptions to the regular hours of operation are detailed in subsequent sections of this PWS.

https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/fsm9_016120.pdf

Performance Work Statement (PWS) Page 2 of 8

1.6. Federal Observed Holidays: The Government observes the following holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day Juneteenth

1.7. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The CO and/or COR shall meet periodically with the Contractor to review the Contractor's performance.

1.8. Contracting Officer’s Representative (COR): A COR will be assigned to this contract to monitor all technical aspects and assist in contract administration. The COR may be authorized to perform the following functions: Assure that the Contractor performs the technical requirements of the contract;

perform inspections necessary in connection with contract performance; maintain written and oral communication with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements (without increasing or decreasing contract scope), including Government drawings designs, and specifications; monitor Contractor's performance and notify both the CO and Contractor of deficiencies. The COR is not authorized to change any of the terms and conditions of the contract.

2. GENERAL REQUIREMENTS FOR ALL TASKS: Technical Specifications.

2.1 State AK Certified: The Contractor shall obtain a Current Alaska state certified or courtesy license prior to start of performance.

2.2 Application of These Specifications: These technical specifications reflect the standards for the appraisal of property to be acquired or conveyed by the Forest Service. Unless defined for the contract appraiser in the assignment, the specifications require the contract appraiser to analyze and determine the larger parcel. If it is determined that the estate to be appraised contains multiple larger parcels, the contract appraiser shall consult with the COR for possible additional direction.

2.3 UASFLA and USPAP Conflicts: Conflicts between UASFLA and USPAP are minimal. When there is conflict, UASFLA takes precedence. It may be necessary to invoke the Jurisdictional Exception Rule to USPAP to meet certain standards of the UASFLA. Invocation of the Jurisdictional Exception Rule should never be invoked lightly and must include citation of the over-riding Federal policy, rule, or regulation that requires it. Any jurisdictional exceptions not specifically cited in the UASFLA shall be discussed with the assigned COR and/or Contracting Officer.

2.4 Comprehensive Review: Federal law requires review of all appraisals by a qualified review appraiser to assure they meet applicable appraisal requirements, including those in UASFLA, Forest Service policy, and these specifications. Compliance with USPAP will also be reviewed.

Findings of deficiency shall be discussed and corrections requested once the appraisal report has been delivered. A value estimate is acceptable for agency use only after the assigned staff review appraiser has approved the appraisal report (FSM 5411).

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2.5 Freedom of Information Act: Freedom of Information Act provisions may result in the release of all or part of the appraisal report to the public. Prepare the report so that:

2.5.1 Analytical methods and techniques are explained (in so far as possible) in a manner understandable to the public, as well as the reviewer.

2.5.2 If providers of information request confidentiality, this information is not included in the report. Confidential information shall be made available to the COR and/or Contracting Officer upon request but shall not be incorporated in a Forest Service system of records.

2.6 Client and Client Confidentiality: The appraiser has an obligation of confidentiality to the client.

Appraisers are to receive and discuss appraisal instructions from the Contracting Officer and COR ONLY. The appraiser is not to provide appraisal information, analyses, or opinions of value to any party (owner, nongovernmental organization (NGO) representatives, or National Forest staff) before the appraisal has been reviewed and approved for Forest Service use by the COR/review appraiser. Inappropriate discussions with third party facilitators, property owners, or the release of appraisal information to unauthorized parties jeopardizes the appraisal process and will be considered a violation of the contract for appraisal services.

2.7 Appraisal Specifications: The following specifications required by the Forest Service are in addition to those set forth in Uniform Standards of Professional Appraisal Practice (USPAP), the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA), 2016 edition and the Forest Service Appraisal Handbook (2021) (FSH5409.12).

2.7.1 Examination Notice: The Contractor shall provide the property owner and the Government

10 Calendar days advance notice of the examination date and shall give the owner, or the designated representative, and the Government an opportunity to accompany the contract appraiser during the inspection of the property. These notices shall be documented in the contract appraiser’s transmittal letter of the appraisal report. The contract appraiser shall certify that the contract appraiser has personally visited the appraised property and all the comparable transactions used in the comparative analyses.

2.7.2 Site Inspection: The Contractor shall certify that the contract appraiser has personally visited the appraised property and all the comparable transactions used in the comparative analyses.

It is not the contract appraiser’s responsibility to provide transportation to the landowner or other representatives who may go on the site inspection.

2.7.3 Appraisal Report: The Contractor shall make a detailed field inspection of the subject property as identified in the appraisal assignment letter and conduct as many investigations and studies as necessary to derive sound conclusions to prepare the appraisal report.

2.7.4 Assignment Specifications: If it is determined that the estate to be appraised contains multiple larger parcels, the Contractor shall stop work and consult with the COR for possible additional direction.

2.7.5 Report Format: Shall be in the Yellow Book §2.3. Any questions as to their applicability shall be addressed to the COR.

2.7.6 Appraiser’s Certification: In addition to the requirements of USPAP and the Yellow Book, the Appraiser shall include the value conclusion, the date of value, applicable hypothetical conditions, and extraordinary assumptions in the certification above a signature and date.

Appraisers not meeting Forest Service qualifications shall not sign a certification.

Performance Work Statement (PWS) Page 4 of 8

2.7.7 Inspection Notice: The appraiser shall provide the parties advance notice of the inspection date and shall give the parties, or their designated representative(s), an opportunity to accompany the appraiser during the inspection of the Subject Property. These notices shall be documented in the transmittal letter accompanying the appraisal report.

2.7.8 Statement of Assumptions and Limiting Conditions: Since all appraisal reports submitted to the Forest Service become the property of the United States and may be used for any legal and proper purpose, any statement or limiting condition that limits the distribution of the appraisal report is not allowed. Do not use unauthorized extraordinary assumptions or hypothetical conditions without written direction from the COR.

2.7.9 Highest and Best Use: Conduct sufficient depth of market analysis to provide a credible opinion of highest and best use considering the complexity of the assignment and the volatility of the market. Avoid vague highest and best use conclusions such as investment, speculation, and other ambiguous uses that do not define likely physically adaptable uses for the Subject Property. The mere presence of minerals or other resources in a property does not allow the appraiser to forego a careful analysis of highest and best use (discussed in Section 4.3 of the Yellow Book). “The mere adaptability of [a mineral] deposit to a use does not establish a market.” Federal courts require “a showing of some sort of market, poor or good, great or small, for the commodity in question before the quantity and price of the commodity or substance may . . . be used as a factor in the expert’s opinion . . . .” Market value cannot be predicated upon potential uses that are speculative and conjectural.

2.7.10 Scope of the Project Rule: If there is a question relating to the existence of a Federal

Project, the Contractor shall rely upon agency counsel to determine the existence of a Project.

A Federal Project is not believed to exist for this appraisal assignment.

2.7.10.1 Discuss unusual circumstances that precluded on-the-ground inspection with the

Forest Service COR prior to completion of the appraisal report.

2.7.11 Client of the Appraisal: The Forest Service.

2.7.11.1 Communication Protocol- Primary communication with the Contractor shall be with the Contracting Officer and the COR. It is anticipated that the Contractor’s communication with the property owner, The Wilderness Land Trust (WLT), and the Forest Service Alaska Region will be required to collect primary data related to the Subject Property and comparable market information. All communication by or with the Contractor shall be copied to the COR. Day-to-day communication with the Contractor and monitoring of the work shall be performed by the COR.

Release of the appraisal to the Forest Service will occur after the appraisal has been reviewed and approved for agency use. As stated in FSM 5410.71.5, “The unauthorized release of an appraisal report prior to completion of review will invalidate its use in supporting an Agency action.”

The Contractor SHALL NOT provide, transmit, or otherwise communicate assignment results to anyone other than the COR and Contracting Officer without the express written direction of the COR and Contracting Officer.

2.7.12 Intended Users: The intended users of the appraisal report include the Forest Supervisor of the Tongass National Forest, Alaska Regional Office Lands staff, and USDA Office of General Counsel.

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2.7.13 Property Owner:

The Wilderness Land Trust PO Box 881 Helena, MT 59624 Contact: Aimee Rutledge aimee@wildernesslandtrust.org

(415) 606-5895

2.7.14 Intended Use: The intended use of the appraisal is to assist the Forest Service in the negotiation of a potential purchase of the Subject Property.

2.7.15 Definition of Market Value: For acquisition appraisals, use the following definition: “Market value is the amount in cash, or on terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of value, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property” (UASFLA 1.2.4). This definition makes no linkage between the opinion of market value and exposure time. A specific exposure time shall not be cited in an appraisal report prepared under UASFLA standards. The appraiser may invoke the Jurisdictional Exception Rule to avoid a violation of USPAP standards, which may be interpreted to require the development of a specific exposure time.

Suggested language for the Jurisdictional Exception follows: The Uniform Appraisal Standards for Federal Land Acquisitions provide that the appraiser shall not link an opinion of market value to a specific exposure time. This is contrary to Standards Rule 1-2(c) of the 2020-2021 edition of the Uniform Standards of Professional Appraisal Practice and is considered a Jurisdictional Exception.

2.7.16 Date of Value: The date of value shall be the last date the appraiser inspected the Subject

Property, unless otherwise instructed in writing by the COR.

2.7.17 Legal Descriptions: The estate to be appraised is located as follows: Tracts 2,3,4,5,6 & 7 of Windham Bay Small Tracts A subdivision of US Survey 1509, located within section34, Township 49 South, Range 75 East, Copper River Meridian, Alaska

2.7.18 Subject Property Rights to be Appraised: All rights, title, and interest in and to approximately 27.64-acres land belonging to The Wilderness Land Trust, with no reservations except as outlined in the Stewart title report (Appendix 3).

2.7.19 Additional outstanding rights, encumbrances, or unauthorized occupancies: Additional outstanding rights, encumbrances, or unauthorized occupancies by all known and unknown parties uncovered during the appraisal process are to be brought to the attention of the COR prior to submitting the report.

2.7.20 Legal Access: Legal access to the subject property is via Chuck River, which is a tidally influenced waterway that is able to be navigated via watercraft.

2.7.21 Buildings/Site Improvements: Forest Service files do not have record of any recent buildings or site improvements. However, there could be historic sites. The Contractor is advised to check with the Subject Property owner or representative to verify.

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2.7.22 Trespass/Encroachments: Based upon the Certificate of Inspection and Possession on file there are no known encroachments. The appraiser is advised to contact the Subject Property owner or representative to verify.

2.7.23 Archaeological, Endangered Species, and other technical reports: A Forest Service

Mineral Report has not been prepared. There are no federally listed threatened, endangered species or critical habitat located on the Subject Property. There are Regional Forester Sensitive Species that may occur on the Subject Property.

2.8 Phases during performance: Upon the completion of one phase remaining contract time shall not be carried forward.

2.8.1 PHASE 1 – Initial Appraisal Report:

60 Calendar days The Contractor shall submit to the Government a signed electronic appraisal report.

The appraisal report shall be submitted to the COR within 60 calendar days after the date of value, unless otherwise specified in writing by the Contracting Officer and/or Contracting Officer's Representative (COR).

2.8.2 PHASE 2 – Initial Appraisal Report Revisions:

15 Calendar days The Contractor shall correct any deficiencies, if any, and submit revised appraisal reports to the Government.

2.8.3 PHASE 3 – Contractor Revisions:

7 Calendar days The Contractor shall correct any deficiencies, if any, and submit revised appraisal reports to the Government.

2.8.4 PHASE 4 – Final Appraisal Report:

The Government shall review the revised appraisal reports for acceptance. If deliverable is not in conformance with requirement the Contractor shall revise report until acceptable.

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3.0 Deliverable / Schedule

The Contractor shall submit all deliverables for this PWS IAW within listed timelines outlined above. Below is a list of all deliverables outlining each objective and due date.

PWS Para

No.

Deliverable Objective Due

2.7.1 Examination

Notice

Advance notice of the examination date of Subject Property.

10 Calendar days

2.8.1

PHASE 1

Initial Appraisal Report

The Contractor shall submit to the Government a signed electronic appraisal report. The appraisal report shall be submitted to the COR within 60 calendar days after the date of value, unless otherwise specified in writing by the Contracting Officer and/or Contracting Officer's Representative

(COR).

60 Calendar days

2.8.2

PHASE 2

Initial Appraisal Report Revisions

The Contractor shall correct any deficiencies, if any, and submit revised appraisal reports to the Government.

15 Calendar days

2.8.3

PHASE 3

Contractor Revisions

The Contractor shall correct any deficiencies, if any, and submit revised appraisal reports to the Government.

2.8.4

PHASE 4

Final Appraisal Report

Final Appraisal Report – approved by COR for agency use.

4.0 Government Furnished: The Government will furnish supporting factual information for the appraisal.

5.0 Travel: The Contractor shall be responsible for all travel to and from the work site locations. The Contractor is not responsible for providing any transportation to Government employees.

6.0 Contractor’s Key Personnel:

6.1 Alaska State Licensed Certified General Appraiser IAW Key Personnel clause.

6.2 Project Manager/Contract Representative responsible for all contractual requirements while on-site during work.

7.0 Performance Requirement Summary

Performance Objective

PWS Paragraph Measurement Method

Allowable Performance Deviation

Remedy Amount or Corrective Action

Final Appraisal Report

2.0 and all subparagraphs

Appraisal received by the COR for contract compliance

Zero (0)% deviation

Rework at no cost to Government until Appraisal Report is acceptable.

8.0 Definitions, Acronyms, and Applicable Publications

Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

Contracting Officer (CO): a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer.

"Administrative contracting officer (ACO)" refers to a contracting officer who is administering contracts.

"Termination contracting officer (TCO)" refers to a contracting officer who is settling terminated contracts. A

Performance Work Statement (PWS) Page 8 of 8 single contracting officer may be responsible for duties in any or all of these areas. Reference in this regulation (48 CFR chapter 1) to administrative contracting officer or termination contracting officer does not -Require that a duty be performed at a particular office or activity; or -Restrict in any way a contracting officer in the performance of any duty properly assigned.

Contracting Officer’s Representative (COR): means an individual, including a contracting officer’s technical representative (COTR), designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.

Defective Service: A service output that does not meet the standard of performance associated with the Performance Work Statement.

Deliverable: Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

Government Furnished Property: Property in the possession of, or directly acquired by, the Government and subsequently furnished to the contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Non-Personal Services: The personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees. Non personal service contracts are authorized by the government in accordance with FAR 37.012, under general contracting authority, and do not require specific statutory authorization.

Quality Assurance: The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

Quality Assurance Surveillance Plan: An organized document written by the government specifying the surveillance methodology used for surveillance of contractor performance.

Workday: The number of hours per day the Contractor provides services in accordance with the contract.

Work Week: Monday through Friday, unless specified otherwise.

Forest Service Handbook (FSH 5409.12)

1. The Uniform Appraisal Standards for Federal Land Acquisitions (2016 edition)

2. Uniform Standards of Professional Appraisal Practice (USPAP) (current edition)

9.0 Appendix:

APPENDIX 1: Project Maps APPENDIX 2: Land Description Verification APPENDIX 3: Stewart Title Report https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/fsm9_016120.pdf