12FPC321Q0081 RFQ CA Area-Wide Market Analysis.pdf

12FPC321Q0081

COMBINED SYNOPSIS/SOLICTITATION

For Areawide Market Analysis

California

PLEASE READ THIS NOTICE CAREFULLY AS IT CONSTITUTES THE ONLY NOTICE THAT WILL BE ISSUED

i. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED.

ii. The solicitation number 12FPC321Q0081 is being issued as a Request for Quotation (RFQ). The acquisition procedures at FAR Parts 12 & 13 are being utilized. The Government anticipates the award of a firm-fixed-price, commercial contract. Award will be made to the responsible offeror whose quote responds to the terms of this RFQ and is the best value for the Government.

iii. This RFQ documents and incorporates provisions and clauses that are in effect through Federal

Acquisition Circular (FAC) 2021-06 effective July 12, 2021.

iv. This solicitation is being conducted as a 100% small business set-aside. The North American Classification System Code (NAICS) is 531320; the size standard is $8 million. For more information on size standards visit http://www.sba.gov/size. Active SAM registration is required in order to be awarded this contract and must remain active throughout the period of performance.

v. Contract Line Item Numbers (CLINS): see attachment 2, Quote Sheet

vi. Description of Services: The Contractor shall furnish the necessary personnel, supplies, materials, and incidentals necessary to provide an areawide market analysis report in accordance with the statement of work/specifications and wage determination attached and hereby made a part of in this solicitation.

vii. Date(s) and Place(s) of Delivery and Acceptance:

The performance period for this award is estimated to be August 6, 2021 – December 31, 2021 for the base period plus four (4) one-year option periods (January 1 – December 31). Place of performance will be throughout the state of California, according to the attached statement of work.

viii. The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition.

Offerors must read and follow the additional instructions contained within this solicitation to receive consideration.

http://www.sba.gov/size http://www.sba.gov/size

ix. 52.212-2, Evaluation - Commercial Items (Oct 2014) applies to this solicitation:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Technical Capability. Technical capability includes qualifications, experience, capacity, and strategy for executing the work.

(ii) Past Performance

(iii) Price

The Evaluation factors are listed in order of importance and all factors other than price when combined are significantly more important than price. Pricing that is unrealistically low may be considered an indication that the offeror does not possess adequate understanding of the requirement or the requisite technical capability to successfully perform the work.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

x. Offerors are required to complete the provision at 52.212-3, Offeror Representations and

Certifications-Commercial Items. This must be completed at SAM.gov and the registration in an “active” status.

xi. The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition and addenda are not attached.

xii. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition and the following additional FAR clauses cited in the clause are applicable to this acquisition:

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in the contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Jun 2020) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020) 52.219-28 Post Award Small Business Program Rerepresentation (Nov 2020)

52.222-3 Convict Labor (June 2003) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Jan 2020) 52.222-21 Prohibition of Segregated Facilities (April 2015) 52.222-26 Equal Opportunity (Sept 2016) 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) 52.222-50 Combatting Trafficking in Persons (Oct 2020) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (Oct 2018)

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in the contract by reference to implement provisions of law or Executive Orders applicable to acquisitions of commercial items:

52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.222-55 Minimum Wages Under Executive Order 13685 (Nov 2020) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017)

xiii. Additional contract requirement(s) or terms and conditions determined by the Contracting Officer to be necessary for this acquisition and consistent with customary commercial practices:

52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (Jun 2016)

(a) Definitions. As used in this clause- "Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

"Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments. "Information" means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

"Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

"Safeguarding" means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.217-4 Evaluation of Options Exercised at Time of Contract Award (Jun 1988) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award.

52.217-5 Evaluation of Options (Jul 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but https://www.acquisition.gov/far/part-17#FAR_17_206 https://www.acquisition.gov/far/part-17#FAR_17_206 the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days 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 5 years.

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) In compliance with the Service Contract Labor Standards statute 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:

Employee Class Monetary Wage Fringe Benefits Appraiser, GS-1171-11 $29.33/hour 10.56/hour

Service Contract Labor Standards Wage Determinations The following Department of Labor wage determinations are incorporated into this contract. Wage determinations may be found at: https://beta.sam.gov/search?index=wd Wage Determinations 2015-5661; 2015-5665; 2015-5663; 2015-5671; 2015-5677; 2015-5679; 2015-5675; 2015-5667; 2015- 5669; 2015-5623; 2015-5605; 2015-5611; 2015-5609; 2015-5603; 2015-5655; 2015-5617; 2015-5659;

2015-5657; 2015-5653; 2015-5615; 2015-5673; 2015-5619; 2015-5631; 2015-5627

CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer (CO) is the only person authorized to approve changes in any of the requirements of this contract. This authority remains solely with the CO. In the event that the Contractor effects any change at the direction of any person other than the CO, the change will be considered to have been made without authority and NO adjustment will be made in the contract price to cover any INCREASE in costs incurred as a result thereof.

CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer’s Representative (COR) is an individual designated in writing by the Contracting Officer (CO) to act as an authorized representative of the CO to perform specific contract administrative functions within the scope and limitations as defined by the CO in the COR’s appointment letter. This letter specifies the extent of the COR’s authority to act on behalf of the CO. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery or any other term or condition of the contract. Any subsequent change to the COR or COR responsibilities will be confirmed, in writing, by the CO. A COR does not have the authority to and may never –

1. award, agree to, or execute any contract, contract modification, or notice of intent;

2. obligate, in any way, the payment of money by the Government;

3. make a final decision on any contract matter which is subject to the clause at FAR 52.233-1, Disputes; or

4. terminate, for any cause, the contractor’s right to proceed.

If the contractor does not receive a copy of the COR appointment letter, the contractor is required to request a copy of it from the CO prior to commencing work. Individuals not designated in writing as a COR by the CO are not considered a COR and do not have the authority delegated to the COR. If the contractor considers any action or inaction by a COR, any other government employee (such as an inspector), or representative or agent of the government as a change to the contract terms and conditions they must notify the contracting officer immediately and not proceed with any such change until approved by the contracting officer

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PAYMENT PLATFORM (IPP)

Invoices must be submitted electronically through the U.S. Department of the Treasury’s Invoice Payment Platform System (IPP) or the Contractor must be willing to accept payment by Government purchase card.

The Contractor must use the IPP website (https://www.ipp.gov) to register, access, and use IPP for submitting invoices. Contractor assistance with enrollment can be obtained by calling (866) 973-3131.

Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing.

452.204-70 Inquiries (Feb 1988) Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

452.211-74 Period of Performance (Feb 1988) The estimated period of performance is August 2021 – December 31, 2021 for the base period.

452.224-70 Confidentiality of Information. (Feb 1988)

(a) Confidential information, as used 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 its disclosure may derive from studies or research, during which public 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 or 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 https://www.ipp.gov/ https://www.ipp.gov/

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 findings 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. Disagreements 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.

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.

452.246-70 Inspection and Acceptance (FEB 1988) 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. Work that, in the opinion of the CO, does not meet data quality standards will be returned to the Contractor for correction.

Inconsistencies/edits may be reviewed, resolved and approved via communications.

4I-52.233-70 Protests to the Agency (Mar 2016)

(a) An agency protest filed with the contracting officer shall be sent to the contracting officer’s mailing address or email address listed in the solicitation. The contractor should contact the contracting officer to verify the mailing or email address prior to delivering a protest.

(b) The independent review of a contracting officer’s decision regarding a protest described at FAR 33.103(d)(4) is not available as an alternative to consideration of the protest by the contracting officer.

An independent review is available only as an appeal of the contracting officer’s decision on a protest.

An appeal must be filed within 10 calendar days of the protestor’s receipt of the contracting officer’s decision, otherwise the appeal will be deemed untimely and not considered. The appeal must be directed to the Contracting Services Branch Chief, but sent to the contracting officer.

(c) The protest must contain all of the elements required by FAR 33.103(d)(2). Failure to substantially comply with any of the requirements of FAR 33.103(d)(2) may be grounds for dismissal of the protest.

xiv. Please refer to the following documents which are hereby incorporated and made a part of this solicitation:

• Attachment 1 – Statement of Work (12 pages)

• Attachment 2 – Quote Sheet (1 page)

• Attachment 3 – Vendor Information Sheet (1 page)

• Attachment 4 – Section 1619 Conservation Cooperator Acknowledgment (4 pages)

xv. Offers are due no later than Wednesday August 4, 2021, 5:00pm ET.

xvi. Offers will be directed to the following:

Emailed offers will be accepted. Quotes shall be submitted on company letterhead, signed, dated and sent via email to Amy Smith, Contract Specialist at amy.smith2@usda.gov no later than Wednesday August 4, 2021, 5:00pm ET.

a. Pricing and Certifications Offerors may utilize attachment 2 to this solicitation to submit pricing quotations.

xvii. The Government intends to make an award based on the best value to the Government. In order to be considered, a contractor must submit the following in response to this RFQ (failure to provide this information will result in a non-responsive quote):

1. Technical Capability Narrative:

Offerors should submit a written narrative that thoroughly addresses the requirements of the SOW. The offeror must provide a narrative that adequately describes the offerors experience and plans for executing the work, including resources and personnel available to meet the required services. The narrative should be supported by evidence that gives credibility to the statements made by the offeror and in turn gives the Government enough information to understand and gain confidence in what the offeror is stating. The narrative should be no longer than 2 pages and should include 3 professional references with contact name, address, e-mail, and phone number.

2. Completed Quote Sheet (Attachment 2);

3. Completed Vendor Information Sheet (Attachment 3);

4. Completed Section 1619 Acknowledgment (Attachment 4);

5. Copy of CA Appraisal License;

6. Active/complete registration in SAM.

U.S. Department of Agriculture NRCS Easement Programs Natural Resources Conservation Service (NRCS) AWMA Specifications, May 2021

Natural Resources Conservation Service Agricultural Conservation Easement Program

Wetland Reserve Easement (ACEP-WRE) Areawide Market Analysis Statement of Work and Specifications

A. Background Information

1. The United States of America, acting through the United States Department of Agriculture’s Natural Resources Conservation Service (NRCS), purchases conservation easements to assist the landowners in restoring, protecting and enhancing wetlands. These lands may be placed under a conservation easement through the Agricultural Conservation Easement Program -Wetland Reserve Easement Component (ACEP-WRE).

2. The purpose of ACEP-WRE is to protect, restore, and enhance the functions and values of wetland ecosystems and lands enrolled are farmed or converted wetlands, former or degraded wetlands, agricultural lands that altered by flooding or soil saturation and water table elevation as a result of offsite or subsurface hydrologic changes, riparian areas, or land currently or previously enrolled in the conservation reserve program (CRP). Previously restored lands and adjacent lands are also included in the areas enrolled in ACEP-WRE.

3. NRCS plans to obtain an Areawide Market Analysis (AWMA) for and initial fiscal year (FY) and subsequent annual recertifications or AWMA amendments for each following FY not to exceed 4 additional years. The FY begins October 1st and ends September 30th.

4. All Areawide Market Analyses (AWMA) completed for ACEP-WRE must comply with instructions provided by NRCS.

a. Proposed market areas are determined by the NRCS State Conservationist and identified in exhibit 1.

b. Proposed land use types are determined by the NRCS State Conservationist and identified in exhibit 2.

5. NRCS National Appraiser resolves questions that arise from these specifications. The NRCS National Appraiser(s) can be reached at NRCS.NationalAppraisers@usda.gov.

6. Delivery of AWMA products will be approved by the NRCS State Conservationist and designated Easement Programs Division (EPD) staff. The National Appraiser will review and provide final approval of the AWMA products. Corrections and additions may be required for the final approval. A copy of all deliverable products and recommendations should be sent to NRCS.NationalAppraisers@usda.gov.

7. The client is NRCS and the AWMA and other value reports will be USPAP compliant.

8. These specifications apply to the new AWMA and any subsequent recertifications, AWMA amendments, or reports.

9. Deliverables include: written and digital products, meeting participation, and attendance in at least one training session.

B. Qualifications of Vendor

1. The vendor must be a State-certified general real property appraiser or obtain a temporary practice permit equal to State-certified general real property appraiser in

ATTACHMENT 1

mailto:NRCS.NationalAppraisers@usda.gov

Natural Resources Conservation Service (NRCS) AWMA Specifications, May 2021 compliance with title XI of the Financial Institution’s Reform, Recovery and Enforcement Act of 1989 (FIRREA) in the State or States where the AWMA is conducted.

2. The vendor must be in good standing with the licensing authority where the credential was issued, and not the recipient of disciplinary action within the past 5 years from the licensing authority.

3. The vendor must have demonstrated competency in compliance with USPAP in conducting market analyses of rural and agricultural properties of the requested type.

4. The vendor must obtain a valid Dun and Bradstreet Data Universal Numbering System (DUNS) number and must maintain active registration in the System for Award Management (SAM) at www.SAM.gov for the duration of the contract to provide services and receive payment from NRCS.

C. Purpose of the Area Wide Market Analysis

1. The purpose of the AWMA is to provide the fair market value (FMV) of the land for the land use types typically enrolled in ACEP-WRE in the market areas identified by

NRCS.

2. FMVs must be provided for each market area outlined by NRCS and land use on a per-acre basis.

D. Information Provided by NRCS to the Vendor

1. Electronic copy of a map showing the market areas to be analyzed. The map may include potentially eligible ACEP-WRE areas based upon technical criteria (such as soil drainage class, soil types, or other factors that demonstrate eligibility).

2. GIS shapefile showing:

a. Regions or counties with similar land uses and

b. Boundaries of each market area to be analyzed.

3. List and definition of each land use to be valued in each market area. The definition will describe the types of eligible land typically enrolled in ACEP-WRE. The definitions must be as descriptive as possible to adequately define the land uses to be analyzed.

E. Training, Coordination, and Communications

1. NRCS Easement Programs Division (EPD) will provide vendor training for the

Statement of Work via remote participation platform such as a webinar. (Please see More Information at https://www.nrcs.usda.gov/wps/portal/nrcs/main/national/programs/easements/acep/)

2. EPD will coordinate vendor meetings with the NRCS State office as needed.

3. EPD will provide Farm Bill update trainings as needed.

4. The state-level NRCS contact and NRCS.NationalAppraisers@usda.gov should be copied on all communications with the contracting officer.

F. Meeting with NRCS

1. If market area and land uses are not representative of the market areas found the vendor shall notify NRCS and the contracting officer in writing that modification to the assignment is necessary. The Vendor will meet with NRCS to discuss Vendor’s recommendations.

2. NRCS will coordinate a meeting with the Vendor to:

a. Discuss the AWMA process.

b. Discuss the vendor’s market research, market area, and land use recommendations when the vendor does not find sufficient sales data for the market area and land use.

c. The expansion of the sales market area.

d. The vendor should discuss any market conditions, levee restrictions, encumbrances, or access issues that are not typical for the market that may restrict their market analysis.

e. After completion of market research and the development of the draft AWMA report, the vendor will meet with NRCS to discuss their findings and report.

The meeting should be scheduled within 14 days of the vendor providing NRCS with the draft AWMA report.

f. After review of the subsequent years’ market, vendor and NRCS will discuss the findings and determine if a certification or amendment is required.

g. Even after initial acceptance of the AWMA or market review by NRCS, the vendor will be available to discuss any corrections that the National Appraiser requires for final acceptance of the report.

G. Quality of Work

1. The AWMA report:

a. Must be clear, accurate, and complete and must meet NRCS’s intent to determine the FMV of land typically enrolled in ACEP-WRE. The market analysis must be conducted and reported in compliance with USPAP.

b. The vendor must select comparable properties that represent the land use types that are typically enrolled in ACEP-WRE.

c. The vendor must administer adjustments for property differences and conduct a current analysis of the competitive market.

d. At NRCS’s discretion a contract reviewer may review the AWMA report.

2. Subsequent FY reports

a. Recertification

i. The vendor will continue to monitor the market areas collecting data since the previous AWMA or Recertification or Update report

ii. Provide a letter to NRCS on or before July 15 stating if the AWMA or

Updated report values have not changed by more than 10%.

iii. If the vendor finds there are no changes greater than 10% then they certify the existing FY FMVs are still valid and are recommended for use for the next FY.

• Sales data collected will be provided with the letter in an excel spreadsheet

iv. If the vendor finds one or more land uses in the market areas have changed by more than 10% NRCS will determine if a AWMA amendment, providing current values for those land uses, will be required.

v. If the AWMA amendment is required, it is due within 45 days from notice by NRCS.

H. Selection of Comparable Properties

1. Choose sufficient comparable sales from the entire market area being analyzed that include land uses typically enrolled in ACEP-WRE that would be eligible land types.

2. Property rights are fee simple surface rights or equivalent.

3. Do not include sales far above or far below the average, as any divergence likely has valid reasons.

4. Use comparable sales that are reasonably current, based on sales activity in the market area being analyzed. For the initial AWMA use sales no older than 24 months unless the market activity is limited and a longer time period is required. Concurrence by the contracting officer and national appraiser is required before using sales older than 24 months. Subsequent years data will be added to these and may be used in determining needed market changes.

5. Use similar property types as much as possible.

6. Ensure comparable sales are in fact arm’s length transactions.

7. Provide sufficient data on the comparable sales to support the conclusions of value.

8. If the analysis of the comparable properties indicates the land use category is too broad or too narrow, contact the contracting officer and provide suggestions for changes to the land use category.

Example: Land Use – Cropland – Low-lying cropland and prime cropland indicate a wide range in value; suggest that the land use category of “Cropland” be changed to two categories – “Low-Lying Cropland” and “Prime Cropland.”

9. If sufficient sales are not available for a market region or land use to provide a supported, typical market value, the vendor will not establish a value and will recommend changes. These changes can include combining similar regions or land uses to provide for the sales needed to arrive at a supported, typical market value. The national appraiser should be consulted.

10. If in the process of collecting and identifying comparable properties, sales of properties encumbered by wetlands or similar conservation easements are found, provide the sales data on the encumbered properties in a separate section of the analysis.

I. Conduct a Current Analysis of the Competitive Market

1. Initial AWMA

a. Sold Properties

i. Sold properties represent actual comparable sales.

ii. Sales data should be within the last 24 months.

b. Active Listings

i. Active listings are properties currently for sale.

ii. These listings matter only to the extent that they indicate the competition for buyers and current market activity.

iii. They are not indicative of market value. Sellers can ask any price they want for their property; it does not mean the prices are realistic. The vendor may use these to support values higher or lower than the value the sold properties indicates.

2. Subsequent Fiscal Year Analysis

a. Sold Properties

i. Vendor will continue to monitor the markets since the date of the prior AWMA or Recertification

ii. Sold properties will represent actual comparable sales

iii. Sales data will be from the end of the prior sales data

iv. Sales data will be added to the sales data spreadsheet

v. All sales are available to the vendor to determine the status of the market

b. Active Listings – See I(1)(b)

J. Market Area

a. The market area to be considered will be specified by NRCS and provided to the vendor.

b. The market area must contain properties that represent the land use types that are typically enrolled in ACEP-WRE.

c. If the market analysis indicates the market areas provided are inconsistent with the data, contact the contracting officer and suggest modifications to the market areas.

d. If insufficient data is available to conclude typical values for the market area or land uses, contact the contracting officer and suggest modifications to the market area or land uses. The national appraiser may be consulted for guidance in changes to land use or market areas.

e. The higher number of homogenous sales in the dataset is desirable for quantifiable results. However, a minimum of 10 sales representing each land use in each market area must be analyzed and employed to effectively establish a fair market value.

f. Values for a market area and land uses cannot be determined using data from other market areas. This indicates that changes are needed for the market area or land use. Contact the contracting officer and NRCS by email at NRCS.NationalAppraisers@usda.gov to recommend changes or request assistance in arriving at acceptable changes to the market areas or land uses.

2. Subsequent Fiscal Years Analysis

a. Market areas will not change for the subsequent fiscal years’ analysis

b. The vendor will notify the contracting officer if the data indicates that the market areas are no longer valid.

K. Other Considerations

1. Land Use, Land Quality, Soils, and Topography

a. The land uses and soil types to be considered must be comparable to land typically enrolled in ACEP-WRE

b. These are predominately level, low-lying areas of cropland but may also include areas of pastureland, wet meadows, and woodland.

c. An optional state-level map of potentially eligible ACEP-WRE areas (based upon soil drainage class, soil types or other factors) is provided.

2. Improvements: do not include the value of improvements, such as homes, sheds, fences, barns, etc.

3. Levee Protection: where significant, separate values must be developed for land behind or in front of protection levees.

4. Existing Easements

a. Do not use sales data from lands under existing easements as comparable sales.

b. If any are identified, the data should be provided in a separate part of the report.

L. Presentation of Analysis

1. The report must be presented in a neat, easy-to-read format, free of grammatical and clerical mistakes.

2. The supporting documentation must be presented with sufficient narrative so that the analysis can be reviewed and critiqued.

3. Provide a description of the social, physical, and economic characteristics of the specified market areas.

4. Provide a thorough description of each land use category that a representative value is provided.

5. Describe the land uses included in the land use category. For example, if land use category is “noncrop pasture and pasture like,” describe the typical market area land use categories the vendor used or associated with this land use category.

6. Describe items that impact to values in the market area for atypical considerations.

These may include, but are not limited to, development pressure from economic or locational influences which would be cause for an immediate change to a more intensive highest and best use; impacts of severed versus intact oil, gas, and/or mineral rights; impacts of intact versus transferred development rights; impacts of the quality of legal access; or other impacts. Provide these considerations by market area or as a summary in the report as an impact to value.

7. The report must comply with USPAP.

8. All market analysis reports submitted to NRCS become the property of the United

States and may be used for any legal and proper purpose. Therefore, a condition that limits the distribution of the report is not permitted.

9. All sales data used to support conclusions of typical value must be provided in a spreadsheet addendum to the report. The minimum information for the sales data will include identifying name or number for the sale, county and market area, sale date, land use, sale price per acre. Also see the Note is section M below.

10. Additional information may also be provided. The identifying name or number may be generated by the vendor if there is concern of confidentiality agreements with the suppliers of the sales data. A separate confidential file will be provided to the national appraiser for analysis and will be returned upon completion of the analysis. The information in the confidential file must contain identifying information so the national appraiser can effectively evaluate the sales data.

11. The spreadsheet must also be a separate file which can be used by the national appraiser to analyze the sales data.

12. The per acre conclusions for each market region and land use are used by NRCS to calculate the fair market value of various size ACEP-WRE projects.

a. The vendor must determine the range of size in acres, that the values continue to provide a supported fair market value.

b. The vendor may recommend a separate value for projects outside the supported acre range if there is sufficient data to support the value.

c. If sufficient data is not available to support values outside the acre range, the vendor must indicate that appraisals are recommended for projects that are outside the acre range.

M. Deliverables

a. Draft report due within 60 days of contract completed after the completion of the trains and meetings indicated in E and F.

b. The final report and supporting documentation are the deliverables for this assignment due within 14 days of (a)(i) meeting.

c. The final report will be a digital file.

d. The final report will include an electronic spreadsheet of all the sales data found in the addendum of the report, which will be used by the national appraiser in analyzing the AWMA. This file must be unlocked to allow for various electronic analyses.

e. Additional supporting documentation determined necessary by the national appraiser or program manager.

2. Subsequent Fiscal Year Analysis

a. Recertification letter due by July 15

i. If no land use’s FMV has significantly changed. Significantly is defined as plus or minus 10%.

1. Provide final of recertification letter stating the previous fiscal year FMVs have not significantly changed.

2. Letter must be USPAP compliant incorporating the previous fiscal year report (AWMA or Recertification or Update) in accordance with A(3).

3. Letter will explain the process used to monitor the market and determine the FMVs have not significantly changed.

4. Sales data spreadsheet with the new sales.

ii. If one or more land use’s FMV has significantly changed.

1. Provide the recertification letter indicating which land uses have changed

2. See meetings required F

3. Letter must be USPAP compliant see 2(a)(i)(2)

4. Letter will explain the process used to monitor the market and determine the changes in FMVs

5. Sales data spreadsheet with the new sales.

6. NRCS will determine if the AWMA Update will be required.

b. AWMA Amendment and Recertification within 45 days of the meeting 2(a)(ii)(2)

i. Provide the amendment with the new FMVs of the land uses that changed significantly

ii. Explain the process used to monitor the market and determine which land uses changed significantly and which land uses did not.

iii. Update must be USPAP compliant see 2(a)(i)(2)

iv. Sales data spreadsheet with the new sales.

Note: Vendor must provide either latitude/longitude coordinates or a GIS shapefile/polygon for the location of the comparable sales. The coordination of the transfer of this information must be between the contractor and National Appraiser only. This information must be emailed to NRCS.NationalAppraisers@usda.gov.

N. Conflict of Interest

An independent, qualified professional will not analyze a property for a spouse, child, partner, or business associate or have a financial interest in the property to be covered by the proposed easement.

O. Nondisclosure

1. Work performance required by this statement of work will involve access to potentially sensitive information about governmental and landowner issues.

2. 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. Sec. 552a).

3. Additionally, the contractor’s employees must comply with privacy of personal information relating to NRCS programs in accordance with section 1244 of the Food Security Act of 1985, as amended (16 U.S.C. Sec. 3844), and information protected under section 1619 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246), 7 U.S.C. Section 8791.

P. Civil Rights and Program Delivery

The contractor must ensure that its 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.

Q. Exhibits

1. Exhibit 1 Market Areas for California

2. Exhibit 2. Map of Market Areas for California

3. Exhibit 3. Land Use Categories

CALIFORNIA

FY 2022 – ACEP-WRE Market Analysis Areas

Market Analysis Area Land Use Counties

Sacramento Valley Rice Butte, Colusa, Glenn, Placer, Sacramento, Sutter, Tehama, Yolo, Yuba

Sacramento Valley Irrigated Cropland (with 100% water)

Butte, Colusa, Glenn, Placer, Sacramento, Sutter, Tehama, Yolo, Yuba

Sacramento Valley Irrigated Cropland (marginal water)

Butte, Colusa, Glenn, Placer, Sacramento, Sutter, Tehama, Yolo, Yuba

Sacramento Valley Dryland Range Butte, Colusa, Glenn, Placer, Sacramento, Sutter, Tehama, Yolo, Yuba

Delta/Delta Islands Irrigated Cropland or Irrigated Pasture

Alameda, Contra Costa, Sacramento, San Joaquin, Solano, Yolo

San Joaquin Valley Irrigated Cropland (with 100% water)

Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, Tulare

San Joaquin Valley Irrigated Cropland (marginal water)

Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, Tulare

San Joaquin Valley Dryland Range Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, Tulare North Coast (west side of coast range)

Open-space Land/Cropland/Pasture Del Norte, Humboldt

Northeast California Irrigated Pasture/ Wet Meadow Lassen, Modoc, Shasta, Siskiyou

Northeast California Dryland Range Lassen, Modoc, Shasta, Siskiyou

Northeast California

Wild Rice or Irrigated Cropland (with 100% water) Lassen, Modoc, Shasta, Siskiyou

Northeast California

Wild Rice or Irrigated Cropland (with marginal water) Lassen, Modoc, Shasta, Siskiyou

Sierra Meadows Irrigated Pasture/ Wet Meadow

Amador, Calaveras, El Dorado, Kern, Fresno, Madera, Mariposa, Nevada, Placer, Plumas, Sierra, Tulare, Tuolumne

Sierra Meadows Dryland Range Amador, Calaveras, El Dorado, Kern, Fresno, Madera, Mariposa, Nevada, Placer, Plumas, Sierra, Tulare, Tuolumne

Eastern California Irrigated Pasture/Wet Meadow Alpine, Inyo, Mono

Eastern California Dryland Range Alpine, Inyo, Mono

Individual Appraisals: Any land use, in any county not covered by a Market Analysis/GARC will be capped at 80% of fair market value, not to exceed $15,000/acre.

EXHIBIT 1.

Individual Appraisals

Individual Appraisals

San Joaquin

Valley Eastern

California

Northeast California

Sierra Meadows

Sacramento Valley

Delta

North Coast

ACEP-WRE Area Wide Market Analysis Areas - FY22 ACEP-WRE Market Analysis Areas, FY22

Market Area Land Use Types Counties

North Coast, coastal land 1.Open-space Land, Cropland, & Pasture Del Norte, Humboldt

Northeast California

1.Irrigated Pasture & Wet Meadow 2.Dryland Range 3.Wild Rice or Cropland, 100% water supply 4.Wild Rice or Cropland, marginal water supply

Lassen, Modoc, Shasta, Siskiyou

Sacramento Valley

1.Rice, 100% water supply 2.Irrigated Cropland, 100% water supply 3.Rice & Irrigated Cropland, marginal water 4.Dryland Range

Butte, Colusa, Glenn, Placer, Sacramento, Sutter, Tehama, Yolo, Yuba

Sierra Meadows 1.Irrigated Pasture & Wet Meadow 2.Dryland Range

Amador, Calaveras, El Dorado, Kern, Fresno, Madera, Mariposa, Nevada, Placer, Plumas, Sierra, Tulare, Tuolumne

Delta / Delta Islands 1.Irrigated Cropland & Pasture Alameda, Contra Costa, Sacramento, San Joaquin, Solano, Yolo

San Joaquin Valley 1.Irrigated Cropland, 100% water supply 2.Irrigated Cropland, marginal water supply 3.Dryland Range

Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, Tulare

Eastern California 1.Irrigated Pasture & Wet Meadow 2.Dryland Range Alpine, Inyo, Mono

Individual Appraisals Any land use not specified above Any county not specified above

0 50 10025 Miles

Legend Market Analysis Areas - FY22

Counties

EXHIBIT 2.

EXHIBIT 3.

NRCS California Land Use Definitions for Geographic Area Rate Caps (GARCs)

Land uses are defined by NRCS and are used to determine easement compensation based on the recent cropping or ranching history of the parcel being offered for enrollment. Most often, the land use is defined by the crop being grown or, in the case of grazing land, whether the parcel has been “improved” for irrigation. In some cases, specific crops are identified as the land use where the cropping pattern is relatively certain from year to year. For example, rice is its own unique land use because of its repetitive annual cropping pattern, unique land value, and historically high enrollment in NRCS’ wetland easement program.

Irrigated Cropland (with 100% water) – includes annual row crops and permanent crops such as vineyards and orchards with a secure and reliable water supply provided by a contract with an irrigation district, riparian water rights, or natural hydrology present through frequent surface water flooding or a naturally high water table.

Irrigated Cropland (marginal water) – includes annual row crops and permanent crops such as vineyards and orchards that are dependent on well water, rainfall, or drainage water of intermittent or unreliable nature. May include contract water with an irrigation district that is low priority, of insufficient quantity, or subject to severe reductions during drought.

Rice – includes the…