Atch5_AMHT_AppraisalCommunicationProtocol.pdf

AMHT LEX Appraisal Communication Protocol page 1 of 3

GUIDELINES FOR COMMUNICATIONS

BY AND WITH APPRAISER

Objective: The purpose of these guidelines is to ensure an objective appraisal process in the valuation and review of the federal and non-federal parcels affected by Alaska Mental Health Trust Land Exchange Act of 2017 (S.B. 131, 115th Congress), “the Act”. The Government intends to contract for the needed services with costs reimbursed through a collection agreement.

Any potential modifications to the contracted services my only be performed by an authorized Government contracting officer.

The following guidelines constitute the “Protocol” referred to in the “Statement of Work” dated July 17, 2017 and the MOU, between the Forest Service, U.S. Department of Agriculture (the “Federal Party”) and Alaska Mental Health Trust (the “Non-Federal Party”). The Federal Party and the Non-Federal Party may be referred to individually as a “Party,” or collectively as the “Parties” and such terms mean and include (as to the Federal Party) the Federal Party, its agents, employees, representatives, or contractors.

I. Representatives of both Parties shall be encouraged (and permitted) to attend all pre-work meetings and property inspection meetings with the appraiser(s). Any Party (in its sole discretion) can waive its right to be present except the contract appraiser(s) and the FS review appraiser (and/or FS regional appraiser).

II. There will be a minimum of two pre-work meetings. One for each of the Phases of the exchange outlined in the Act. It is anticipated that the first meeting will take place shortly after contract award. The second meeting will be after delivery of the final appraisal report for the first phase of the exchange and is intended to be focused on the second Phase and the equalization process. The meetings may be in-person, or by phone, or teleconference. All parties are encouraged to attend the meetings which will be arranged at a time to accommodate as many of the parties as needed.

III. The principal purpose of the pre-work meetings is to review the appraisal instructions with representatives of the Federal Party, Non-Federal Party, contract appraiser(s), and the FS review appraiser. Additionally, the Federal Party and Non-Federal Party attendees at the pre-work meetings are encouraged to bring copies of market based information they want the contract appraiser(s) to consider. Should a Party waive its attendance at a pre-work meeting, materials can be mailed to the FS review appraiser prior to the meeting and they will be transmitted to the contract appraiser(s) and all other meeting participants as soon as practicable.

IV. All substantive communications between the Parties and the contract appraiser(s) outside of the pre-work meetings and site inspections shall be in writing (or at a meeting or telephone conference scheduled in accordance with Section V below) and provided to the FS review appraiser who will simultaneously forward copies to the contract appraiser(s), a designated

AG0120S170028, Attachment 05 AMHT Appraisal Communication Protocol

AMHT LEX Appraisal Communication Protocol page 2 of 3 representative of the Federal Party (Alaska Lands Team) and the designated representative of the non-Federal Party. The FS review appraiser will not screen, modify, omit, or otherwise alter the written communications and will forward all communications made during the development of the appraisal (prior to receiving the appraisal report for review) promptly upon receipt to the contract appraiser(s), with true, correct and complete copies of such submissions to be promptly transmitted to the Parties. Additionally, the FS review appraiser will promptly provide proof of forwarding to the Party who originated the communications.

V. If, after the pre-work meetings, it is determined by either Party that additional meetings (in person or telephonically) with the contract appraiser(s) are needed for information sharing purposes, those meetings will be scheduled – and invitations to attend extended – by the FS review appraiser so all Parties can participate at reasonable times, after reasonable notice and, at a minimum, any such meeting or conference shall be attended by representatives of both the Federal and Non-Federal Party, the FS review appraiser (and/or FS regional appraiser), and the contract appraiser(s).

VI. While initial property inspections are meant to be attended by representatives of the Federal Party and Non-Federal Party, additional unaccompanied inspections by the contract appraiser(s) and/or FS review appraiser (and/or FS regional appraiser) will be at his/her discretion with no mandatory invitation for the Parties to attend required. If any Party is invited, then written notice of such inspection shall be provided to the other Parties and that inspection shall be scheduled consistent with these Guidelines so that the other Party may elect to attend.

VII. The Parties will act in good faith to diligently schedule any meeting or inspection described in Sections V and VI above and will not unreasonably delay or condition the scheduling of any such meeting or inspection.

VIII. All communications from the contract appraiser(s), if any, with a Party to the exchange made during the development of the appraisal shall be in writing or at an authorized conference in which all Parties participate, and shall be consistent with these Guidelines. Subject to the foregoing, the contract appraiser(s) is free to contact any person in any manner they deem appropriate in completing due diligence for appraisal development.

IX. Prior to submission of the appraisal for review, the FS review appraiser (and/or FS regional appraiser) is free to contact any person except the contract appraiser(s), and will comply with these Guidelines. After completion and certification of the appraisal by the contract appraiser(s), the FS review appraiser (and/or FS regional appraiser) is free to contact any person in any manner he/she deems appropriate in completing due diligence for appraisal review development.

X. Only an authorized Federal contracting officer is able to modify the terms of the contract and/or the Statement of Work. Any changes to the assignment conditions must be in writing and may only be issued by the government contracting officer. No party shall contact the contract appraiser to modify the appraisal instructions without participation of the contracting officer.

AMHT LEX Appraisal Communication Protocol page 3 of 3

The contracting officer is free to contact the contract appraiser(s) and/or the assigned review appraiser (and/or regional appraiser) in any manner he/she deems appropriate for contract administration purposes unrelated to appraisal development. Additionally, the assigned staff review appraiser will serve as the Contracting Officer’s Representative for contract administration purposes. Consistent with these Guidelines, such contacts shall not involve or relate to any substantive aspect of appraisal development or the content of the contract appraiser’s work.

XI. Notwithstanding the foregoing, nothing in these Guidelines shall prohibit ex parte communications between the FS review appraiser (and/or the FS regional appraiser) and the contract appraiser(s) relating to inherently governmental matters that are non-substantive and do not relate to appraisal development or to the content of the appraisal.

XII. All communications with the contract appraiser will be coordinated by the FS review appraiser (and/or FS regional appraiser) in accordance with these Guidelines.

XIII. As used herein, the term "writing" shall include facsimile, e-mail, and all other forms of written, electronic, or reproduced communications. It is the intent of these Guidelines that substantive oral communications with the contract appraiser(s) during the course of his/her appraisal development (including but not limited to telephonic communications) are disallowed unless expressly provided for herein.

XIV. Subject to these Guidelines, all Parties and their representatives are free to contact any person in any manner deemed appropriate.