A21_MISC_-_NOI_to_Sole_Source_(07_01_2024)_1.pdf

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

Notice of Intent to Sole Source

Agency Contact Information:

U.S. Department of the Interior (DOI), Interior Business Center (IBC), Acquisition Services Directorate (AQD), 381 Elden Street, Suite 2000A, Herndon, VA 20170:

Contracting Officer: Ms. Jacqueline Hernandez, jacqueline_hernandez@ibc.doi.gov Contract Specialist: Mr. Robert Staats, robert_staats@ibc.doi.gov

Proposed Action:

The Government intends to award a sole source, firm-fixed-price (FFP) acquisition with Valbridge Property Advisors – Houston for Land Appraisal Services. This non-competitive action is being issued by the Department of the Interior (DOI), Interior Business Center (IBC), Acquisition Services Directorate (AQD), on behalf of the Appraisal and Valuation Services Office (AVSO).

Place of Performance:

78 Dyer Road in Cape Elizabeth, Maine.

Description of Requirement:

The appraisal requirement is for market valuation and appraisal report for the Hallbridge Assisted Living Facility.

• NAICS Code: 531320 “Offices of Real Estate Appraisers”

• PSC Code: R411 “Support – Professional: Real Property Appraisals”

Response Information:

This action is being processed in accordance with FAR Subpart 13.106-1(b) - Only one responsible source and no other supplies or services will satisfy agency requirements. Interested parties may identify their interest and capabilities regarding this requirement by submitting a capabilities statement by the date specified herein.

A period of performance of 120-days is anticipated for this effort. The Government will consider all capabilities statements received by 12:00 P.M. Eastern Time, July 05, 2024.

Please be advised that it is the offeror’s responsibility to ensure the Government receives your submission on or before the specified due date. Submissions shall be sent electronically to Jacqueline Hernandez, Contracting Officer at jacqueine_hernandez@ibc.doi.gov and Robert Staats, Contract Specialist at robert_staats@ibc.doi.gov. Submissions shall not exceed five (5) pages. Paper copies will not be accepted. Late responses will only be accepted if they contain mailto:jacqueline_hernandez@ibc.doi.gov mailto:robert_staats@ibc.doi.gov mailto:jacqueine_hernandez@ibc.doi.gov mailto:irma_nanatovich@ibc.doi.gov extraordinary value to the Government. Submissions should be in a Microsoft Office compatible format (i.e., Microsoft Word, PowerPoint, Excel, etc.) or Adobe Acrobat and not contain text smaller than 11-point font. The maximum file size of the submission shall not exceed 8 MB.

Tables, graphs, etc. will count against the total page count. Font size smaller than 11 may be used to label tables and graphs but may not be smaller than 8-point font. All data received in response to this Special Notice that are marked or designated as corporate or proprietary information will be fully protected from release outside the Evaluation Panel. Proprietary information and trade secrets, if any, must be clearly marked on all materials. All information received that is marked Proprietary will be handled accordingly. Please be advised that all submissions become Government property and will not be returned. All Government and contractor personnel reviewing responses will have signed non-disclosure agreements and understand their responsibility for proper use and protection from unauthorized disclosure of proprietary information as described in 41 USC 423. The Government shall not be held liable for any damages incurred if proprietary information is not properly identified. Responders are advised that the Government will not reimburse for any information or administrative costs incurred in response to this Special Notice; all costs associated with responding to this Special Notice will be solely at the interested parties' expense.

This is NOT a request for competitive quotes. A determination by the Government not to compete this proposed action based upon responses to this announcement is solely within the discretion of the Government. Information received is solely for the purpose of determining whether to conduct a competitive acquisition. The Government reserves the right to issue a Request for Quote (RFQ) as a result of this announcement. Please be advised that this announcement may constitute the only notice that will be posted for this acquisition, based on the review of any responses to this notice. Marketing brochures and/or generic company literature will not be considered. Not addressing all the requested information may result in the Government determining the responder is not capable of performing the scope of work required.

~ END OF SPECIAL NOTICE ~

U. S. Fish & Wildlife Service AVIS # F240089 Rachel Carson NWR

AVSO Statement of Work Page 1 of 12

RHC (8843)

STATEMENT OF WORK (SOW)

Appraisal and Valuation Services Office

Agency Case ID: F240089

AVIS Number: 00222044

Appraiser Instructions

SECTION 1 – Subject Identification & General Information

Identification Case Name RHC (8843)

Location Cape Elizabeth, Cumberland County, Maine

Acreage 13.45± acres (proposed acquisition) 16.31± acres (to be retained by the sellers) 29.76± acres (contiguous ownership)

Property Type Non-Federal Vacant land

Case Type Acquisition

Client U. S. Department of the Interior, Appraisal and Valuation Services Office

(AVSO)

Intended Users The intended users of the report are the client (AVSO) and the U. S. Fish and Wildlife Service (FWS) on behalf of the United States of America

(USA).

Intended Use The appraisal report will be used by FWS in conjunction with negotiating the acquisition of the subject property via a land purchase from the current landowner. It is not intended for any other use.

Please refer to the authorized Extraordinary Assumption regarding assumed title interests in Section 2 of this SOW. Please refer to item #4 of the Special Appraisal Instructions of this SOW for additional valuation instructions.

AVSO Statement of Work Page 2 of 12

Aerial Map of Subject Property

The proposed acquisition is outlined in red; the light blue cross-hatched area is being retained by the seller.

Subject Property Site Plan Excerpt

The areas highlighted in yellow represent easements, including the pedestrian and sidewalk access easements. The area outlined in green is being retained by the seller. The area outlined in purple is the proposed acquisition.

AVSO Statement of Work Page 3 of 12

Property Description The proposed property to be acquired is in Cape Elizabeth, Cumberland County, Maine, and is currently part of a larger tract of land containing approximately 29.76± acres. Per FWS the 16.31± acres to be retained by the seller are improved with an assisted living facility. The proposed acquisition is of the 13.45± acres of rear land.

Historically used for recreation, FWS reports the subject property is primarily wetland habitat and borders Willow Brook drainage on the west side. The Spurwink River forms the southern boundary of the subject property.

Improved properties in the neighborhood are primarily residential in nature.

The zoning districts applicable to the subject appear to be Residence C and Resource Protection 1 and 2; the southerly portion of the parcel is in a flood zone.

A map identifying the subject tract is included in this SOW as is a site plan excerpt. Additional maps will be provided to the contracted appraiser. It is anticipated that additional and expanded descriptive information on the subject’s attributes will be uncovered during a physical inspection and due diligence research by the Appraiser. The Appraiser must immediately notify the AVSO Review Appraiser of any significant discrepancies in the property description provided above. This may result in amended instructions.

According to the AVSO Division of Mineral Evaluation (DME) there is no evidence to support the existence of mineral resources with development potential on the subject property.

Property Access Legal and physical access to the proposed acquisition is via sidewalk and pedestrian easements from Scotty Dyer Road across the parcel to be retained. Legal and physical access to the larger contiguous ownership is via Scotty Dyer Road along the northerly boundary.

Legal Description The 13.45± acre proposed acquisition is identified as part of Map R05, Lot 2 of the Cape Elizabeth tax records. The most recent vesting deed reference is Book 38080, Page 104 at the Cumberland Country Registry of Deeds.

Per the vesting deed the subject transferred in April of 2021; the municipal tax records indicate the transfer price was $4.5 million. If this price is reflective of a real estate only allocation or the going concern should be a component of the appraiser’s due diligence. Copies of the vesting deed, the tax map of the parcel in its entirety, the recorded easement documents and a proposed site plan will be provided to the contracted appraiser upon award.

Upon a signed offer to purchase, a survey will be completed by FWS prior to acquisition to establish a final legal description for conveyance and determine an accurate acreage. Please refer

AVSO Statement of Work Page 4 of 12 to item #4 of the Special Appraisal Instructions section of this SOW for additional valuation instructions.

Property Interest to be Appraised The property interest to be acquired (proposed acquisition) is the fee simple interest subject to septic line and utility easements, as well as pedestrian and sidewalk easements benefiting the public for the purposes of recreation (walking and skiing) and access to public lands.

The property rights for the larger contiguous ownership are the leased fee estate subject to any apparent right-of-way easements for typical roads and utilities, septic line and utility easements, as well as pedestrian and sidewalk easement benefiting the public for the purposes of recreation (walking and skiing) and access to the public. Any information developed by the Appraiser, or observations that are found to be contrary to the described property rights must be immediately brought to the attention of the AVSO Review Appraiser as a request for possible amended instructions. The mineral estate is reported to be intact and is to be included in the rights valued.

Reservations/Outstanding Rights A title report has not and will not be provided by FWS. (Please refer to the authorized Extraordinary Assumption regarding assumed title interests in Section 2 of this SOW.)

Aside from the septic, utility pedestrian and sidewalk easements, no additional reservations, easements, encumbrances, restrictions, or outstanding rights have been specifically identified by FWS for the property to be acquired, nor were any specifically noted in the most recent vesting deed. Verification with the property owner is advised. Any additional recorded or unrecorded documents, conditions, agreements, easements and/or encumbrances discovered must be identified and discussed in the appraisal report in relation to their impact on value. The appraiser must immediately notify the AVSO Review Appraiser of any indication of rights contrary to these described. This may result in amended instructions.

Personal Property None.

Tenancies The site plan indicates there is a solar lease encumbering 0.78± acres of the property being retained.

Presumably the improvements on the property being retained are encumbered with lease agreements with the tenants of the assisted living facility. The appraiser should confirm with the property owner whether there are any additional current leases and/or rental agreements.

AVSO Statement of Work Page 5 of 12

Larger Parcel As this request is for a proposed federal acquisition, the Appraiser must identify the larger parcel, or larger parcels (should multiple larger parcels be determined), which satisfies the tests of unity of title, unity of highest and best use (integrated use), and contiguity/proximity as it relates to the highest and best use. UASFLA requires that the factual basis and Appraiser’s analysis that led to the larger parcel determination and the determination itself be reported. The appraiser must conduct all research necessary for a well-supported Larger Parcel(s) conclusion presented in the appraisal. This is considered an integral part of the highest and best use analysis. (UASFLA 1.2.7.3.1, 1.4.3-1.4.7, 2.3.3.1, & 4.3)

The agency request indicates the 13.45± acre proposed acquisition is part of a larger 29.76± acre improved contiguous ownership, as the 16.31± acres improved with the assisted living facility will be retained by the current landowner. FWS reports there are no other contiguous or proximate lands under the same or similar ownership. However, it is ultimately the Appraiser’s responsibility to identify any and all additional lands contiguous or proximate to the subject property having unity of ownership/title in conjunction with unity of highest and best use/integrated use for the purposes of determining the larger parcel(s). It is possible that a “before & after” analysis will need to be employed for this partial acquisition; therefore, it is requested that the Appraiser please notify the AVSO Review Appraiser in advance, after the property inspection, concerning the Appraiser’s preliminary larger parcel determination. If a “before & after” analysis is required, the improvements must be valued at market value; this is without exception including the engaged Appraiser determining that the acquisition will not have an effect on the value of the improvements.

Ownership Information will be provided to the contracted Appraiser upon award.

Owner Contact Information

The owner contact information will be provided to the contracted Appraiser upon award.

AVSO Statement of Work Page 6 of 12

Subject Property Exhibits

The following exhibits will only be provided to the contracted Appraiser upon award:

1. RHC (8843) FWS Map

2. RHC (8843) Pedestrian & Sidewalk Easements

3. RHC (8843) Permission to Inspect

4. RHC (8843) Project Contact List

5. RHC (8843) Septic Line Easement Further Delineation

6. RHC (8843) Septic Line Easement

7. RHC (8843) Sewer Line Easement

8. RHC (8843) Site Plan

9. RHC (8843) Tax Map

10. RHC (8843) Underground Line Easement

11. RHC (8843) Vesting Deed Entire Tract

SECTION 2 – Appraisal Requirements & Instructions

Appraisal Standards

1. Uniform Standards of Professional Appraisal Practice (USPAP- 2024 edition) Standards 1 & 2

2. Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA - 6th Edition, 2016)

3. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL

91-646) as amended; 49 CFR, Part 24

Market Value 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. (Uniform Appraisal Standards for Federal Land Acquisitions, 1.2.4 of 6th Edition) This definition of value must be placed in the Scope of Work section of the report in accordance with UASFLA 2.3.1.8.

Date of Value The date of value is to be the date of the last property inspection, which should be within 30 days of the date of the initial appraisal report unless the AVSO Review Appraiser approves in advance other conditions in writing.

AVSO Statement of Work Page 7 of 12

Extraordinary Assumptions (EA’s) A title report has not been provided for the property to be acquired and the reviewer is authorizing the use of the following extraordinary assumption:

“It is noted that a title commitment was not provided for the subject property. I received a deed and other information related to the property being appraised, but it is uncertain if this information encompasses all outstanding rights or reservations currently found on the tract.

The AVSO client, U. S. Fish and Wildlife Service (FWS), has requested that I assume there is clear title to the subject property and that there are no additional encumbrances or restrictions beyond those already identified (including mineral or other reservations) that could materially affect value. Use of this statement is consistent with FWS policy. A change in the estate appraised, when final title is obtained, could require an amendment of the appraisal or re-appraisal of the property so that the estate appraised matches the estate to be transferred.”

If the Appraiser determines that additional extraordinary assumptions are necessary for credible assignment results, he/she must contact the AVSO Review Appraiser for prior written approval.

Hypothetical Conditions (HC’s) None. If the Appraiser determines that a hypothetical condition is necessary for credible assignment results, he/she must contact the AVSO Review Appraiser for prior written approval.

Jurisdictional Exceptions (JE’s) Opinions of market value for federal acquisition purposes shall not be linked to a specific opinion of exposure time [UASFLA, 6th Ed., Section 1.2.4, 1.2.7.2 and 4.2.1.2 (legal basis)], unlike other appraisal assignments subject to USPAP [Standard Rule 1-2(c) and 2-2(a)(vi)]. This exclusion of exposure time requires the use of a Jurisdictional Exception (JE) to USPAP. (Refer to page 15 of USPAP for proper reporting.)

If the Appraiser believes that USPAP’s Jurisdictional Exception Rule is needed to comply with any other additional law or UASFLA regulation, he/she must contact the AVSO Review Appraiser to obtain prior written approval.

Please also note that in accordance with UASFLA, Section 1.2.4, estimates of marketing time are not appropriate and must not be included in appraisal reports prepared to UASFLA standards.

AVSO Statement of Work Page 8 of 12

Placement in Report The Appraiser must clearly identify and discuss the implications of any authorized Extraordinary Assumptions and Hypothetical Conditions (including a statement that their use might have affected the assignment results) within the General Assumptions and Limiting Conditions and Scope of Work sections of the appraisal report along with the Jurisdictional Exception (assignment condition) per UASFLA Sections 2.3.1.7 & 2.3.1.8. Please also identify any authorized EAs and HC’s wherever the final value conclusion is stated, this includes the Letter of Transmittal and the Summary of Salient Facts.

Property Inspection The Appraiser must physically inspect the subject property (UASFLA Section 1.2.6.3). The owners have given permission to enter the property to conduct an inspection. The document granting permission to appraise will be provided to the contracted Appraiser upon award. Please contact the owners directly, after award, to arrange a date and time for inspection. You must notify the AVSO Review Appraiser, in advance, when the property inspection will occur.

For appraisals with an intended use of acquisition, the Appraiser must certify in the report that he/she extended an offer to the property owner (or the owner’s representative) to accompany him/her during the property inspection. [Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970 (PL 91-646) as amended and the Uniform Appraisal Standards for Federal Land Acquisitions, 6th Ed. (Section 2.3.1.4)]

Pre-Work Meeting/Conference Call The contracted Appraiser will be required to participate in a pre-work meeting by telephone with the assigned AVSO Review Appraiser. The AVSO Review Appraiser will coordinate the date and time of the pre-work meeting directly with the contracted Appraiser.

Controversies/Issues Should the Appraiser identify controversies or issues during the course of assignment, immediately notify the assigned AVSO Review Appraiser.

Legal Instructions None given.

Special Appraisal Instructions

1. Even though communication is encouraged with the property owner and the client agency, only the assigned AVSO Administrative Officer, in conjunction with the assigned AVSO Review Appraiser’s concurrence, can modify appraisal instructions (in writing).

2. The Appraiser may not communicate assignment results to any party except AVSO unless authorized to do so in writing by AVSO.

AVSO Statement of Work Page 9 of 12

3. Any communication (verbal or written) with the Client Agency Realty Contact shall include the assigned AVSO Review Appraiser.

4. The area of acquisition is estimated to contain approximately 13.45± acres, with the actual acreage to be acquired dependent upon completion of a formal survey. Consequently, if the larger parcel in the “before condition”, and remainder in the “after condition” are appraised on a “per acre” basis (versus on a “per lot” or “per site” basis), it is requested that in addition to stating the final value conclusions of the larger parcel and remainder within the appraisal report, the unit value (e.g., $XX/acre) for the larger parcel and remainder be stated along with the range of acreage within which that unit value would be valid (e.g., $XX/acre is valid for a range of XX-XX acres or within ±X%). This is an assignment condition and to be reported as such within the appraisal report:

NOTE TO INTENDED USER: This range in acreage for the concluded unit value is only applicable to the final surveyed acreage for the footprint of the appraised larger parcel(s) and considers no material changes to the physical characteristics of the larger parcel(s). This range in value is only intended to be a tool to assist the acquiring agency in re-calculating the value of an appraised larger parcel(s) after completion of the survey. The range in acreage within which the concluded unit value(s) would be valid is not intended for use by acquiring agency/client to add additional lands/tracts to the proposed acquisition or to allow the retention/removal of lands/tracts from the proposed acquisition by the landowner of client agency as a result of negotiations after the appraisal has been completed. Addition or removal of the tract(s) from the appraised larger parcel(s) could change the physical characteristics of the property and require amendment of the appraisal or reappraisal.

General Appraisal Requirements & Instructions

1. The Appraiser must hold a valid license as a Certified General Appraiser as demonstrated by a copy of the state certificate. (Valid credentials would also include those issued under a reciprocity agreement and/or those characterized as “temporary” under the jurisdiction’s licensing and certification statutes where the subject is located and must also be provided if applicable.)

2. This AVSO Statement of Work, any written assignment specific legal instructions/opinions or hypothetical conditions, and pages 1 & 2 of the Contract Award document must be included within the Addenda to the appraisal report along with the Appraiser’s license, to include temporary if applicable, and qualifications.

3. All appraisals complying with UASFLA should reasonably conform to the sequence and content outlined in UASFLA, Section 2.3 as well as Appendix B or C, depending on applicability.

AVSO Statement of Work Page 10 of 12

4. The appraisal is to be documented in an “Appraisal” reporting format [USPAP Standard 2- 2(a)]. UASFLA, Section 2.2 states that reporting formats set forth under Sections 2.3, 2.4, and

2.5 (Appendix B, C, or D) are consistent with and/or exceed the requirements for an appraisal report under Standard 2 of USPAP.

5. The Appraiser must appraise the subject property in its existing “As Is” condition unless otherwise instructed herein or authorized in writing by the AVSO Review Appraiser to do otherwise.

6. All the comparable properties used in direct comparison to the subject are to be personally inspected (UASFLA Section 1.2.6.3). Color photographs of comparable properties shall be included in the appraisal report along with comparable data maps and/or exhibits. AVSO will accept aerial photographs for comparable land properties if the aerial photographs accurately represent the comparable property as of the date of sale.

7. The appraisal report will be reviewed for compliance with the terms of this Statement of Work

(including all cited standards). Any findings of inadequacy will require clarification and/or correction.

8. The Appraiser shall consider the appraisal report and all Department of the Interior (DOI) internal documents furnished to the Appraiser to be confidential. Refer all requests for information concerning the appraisal to the AVSO Review Appraiser.

9. AVSO will not normally accept custody of confidential information. Should the Appraiser find it necessary to rely on confidential information, he/she will contact the AVSO Review Appraiser for instructions. The Review Appraiser will view the information and provide further instruction to the Appraiser regarding handling and storage of the confidential information.

10. If including any proprietary information in the appraisal, the Appraiser must gain concurrence from AVSO Review Appraiser and deliver the proprietary information in a separate binder.

11. While the public is not an intended user of the appraisal report, please be aware that the Freedom of Information Act (FOIA) and Agency policy may result in the release of all or part of the appraisal report to others.

12. The Appraiser must indicate whether he/she has (or has not) performed any services, as an Appraiser or in any other capacity, regarding the subject property within the three-year period immediately preceding acceptance of the assignment. If a service has been provided regarding the subject property, the service provided must be specified and appropriately disclosed following the direction of the USPAP Ethics Rule, Conduct Section. This disclosure must be made within the bid proposal and also noted on the signed certification page of the completed report.

AVSO Statement of Work Page 11 of 12

SECTION 3 – Performance & Submission Requirements

After contract award, the Appraiser must address any questions regarding appraisal instructions and/or technical requirements for the appraisal to the AVSO Review Appraiser. The contract award package will identify the AVSO Review Appraiser and his/her contact information in the Project Contact Information document.

The contractor shall have 60 calendar days from the date of award to deliver the initial appraisal report to the AVSO Review Appraiser. If the contractor determines that a performance period of 60 days is not realistically feasible, it is the contractor’s responsibility to provide an alternative delivery date, with justification for the change, in the bid proposal. NOTE: Preference may be given to the quotes which best meets the stated delivery date.

Deliverable/Task Schedule

REQUIRED DELIVERABLES DELIVERY DATE

Pre-Work Meeting By telephone, coordinated by the AVSO

Review Appraiser following contract award.

Initial Appraisal Report Due (Address to assigned Review Appraiser)

Target is 60 calendar days from the date of award. Submit one (1) electronic (pdf) copy of report.

Review Period & Comments Provided to Appraiser

Target is 21 calendar days after the initial appraisal report is received.

Appraiser Response Period Any corrections/revisions requested must be completed and returned to the AVSO reviewer within 5 days or 15 days total in the event of multiple requests for correction or clarification.

Final Appraisal Report Due The appraiser will provide a final, signed electronic copy (PDF) to the reviewer upon final approval of the appraisal.

Invoice Submission and Payment 60 days after the final appraisal report is accepted by AVSO.

Closeout 60 days after the final payment is made.

AVSO Statement of Work Page 12 of 12

Payment Please note: Any adjustments to the above Deliverable/Task Schedule shall be submitted to the Contracting Officer. The Contracting Officer will approve or reject the request by email.

The final invoice/request for payment is not to be submitted until the AVSO Review Appraiser is in receipt of the final/approved electronic copy of the appraisal report and has notified the Appraiser that the assignment is completed.