AG-046W-S-16-0047_Appraisal_Services_Commercial_Synopsis_Solicitation.pdf

Solicitation: AG-046W-S-16-0047

Project: Appraisal Services – Bull Run Land Exchange

US Forest Service, Region 6

COMMERCIAL COMBINED SYNOPSIS/SOLICITATION

Project Name: Appraisal Services – Bull Run Land Exchange

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

quotes/proposals are being requested and a written solicitation will not be issued.

The solicitation number AG-046W-S-16-0047 and issued as a Request for Quotation (RFQ); under the Simplified

Acquisition Procedures (SAP), Part 13.5

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular

2005-58.

This is a total small business set-aside with an associated NAICS code of 531320 and small business size standard of____$7.5 M_____. PSC: R411

Submit Quote to:

Mt Hood National Forest – Northwest Contracting Area (NWCA)

16400 Champion Way

Sandy, Oregon 97055

Ph: (503)668-1060 (front desk)

Posted Date: September 2, 2016

Response Date: Friday, September 16, 2016, 12:30pm PST.

Contract Specialist: Roxanne Anderson, (503)668-1730 rdanderson@fs.fed.us

Technical Contact: Greg Graybadger (208)863-5969 ggraybadger@fs.fed.us

Place of Performance: Oregon – Clackamas County

*Quote submissions will be accepted by: Standard/express mail, hand delivery or Email (rdanderson@fs.fed.us)

Company Name:

Offer’s Signature: Date:

DUNS #:

Telephone No: __________ E-mail: ____________________________ mailto:rdanderson@fs.fed.us mailto:ggraybadger@fs.fed.us mailto:rdanderson@fs.fed.us

US Forest Service, Region 6

SCHEDULE OF ITEMS

APPRAISAL SERVICES – BULL RUN LAND EXCHANGE

ITEM

NO.

DESCRIPTION

QUANTITY UNIT UNIT

PRICE

TOTAL

AMOUNT

001.

Appraisal Reports for proposed land exchange:

1 appraisal of Federal Lands

1 appraisal of non-Federal Lands

For the City of Portland (Bull

Run) Land Exchange MTH 199

Job

TOTAL $___________________

US Forest Service, Region 6

USFS PACIFIC NORTHWEST REGION

MOUNT HOOD NATIONAL FOREST

CITY OF PORTLAND (BULL RUN) LEX LAND EXCHANGE – MTH#199

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

C-2 – Basic Specifications For Real Property Appraisals

C-2.1 – General Specifications

C-2.1(a) - Scope of Service. The contract appraiser shall furnish all materials, supplies, tools, equipment, personnel, travel, and shall complete all requirements of this contract including performance of the professional services listed herein.

The project consists of two appraisal reports: one appraisal report for the specified Federal land and one appraisal report for the specified non-Federal land. Appraisals of the Federal and non-Federal lands shall be prepared by the same appraiser. The

Federal land and interest in land shall be appraised as if in private ownership and available for sale in the open market. The non-Federal land shall also be appraised as if in private ownership and available for sale in the open market. The appraisal reports must meet the requirements of the Uniform Standards of Professional Appraisal Practice (USPAP) and the Uniform

Appraisal Standards for Federal Land Acquisitions (UASFLA) current as of the date of the reports. UASFLA supersedes

USPAP when there is a conflict between the two standards. The contract appraiser shall furnish four full-color paper copies of each appraisal report with original signatures and a pdf to the assigned Forest Service staff review appraiser. Restricted

Appraisal Reports are not acceptable. The appraisal reports shall provide estimates of market value for the estates to be appraised. 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 properties. However, both reports must have the same effective date of value.

If clarification of these specifications is needed and/or to arrange for the site inspection and pre-work meeting, the contract appraiser shall contact the review appraiser:

Greg Graybadger, Senior Review Appraiser

USDA Forest Service

1550 Dewey Avenue, Baker City, OR 97814 ggraybadger@fs.fed.us

(208) 863-5969

The contract appraiser’s contact with Forest Service officials is limited to the Contracting Officer, the assigned review appraiser, and the Regional Appraiser. The contract appraiser shall notify the assigned review appraiser of any requests for information by other Forest Service officials.

Property to be appraised:

Each of the properties to be appraised consist of multiple non-contiguous parcels. Each appraisal report shall provide a single market value of the entire subject property. The subject properties lie within Clackamas County and Multnomah County in the State of Oregon. They are located in an area from 3 miles to 14 miles northeast of Sandy, Oregon extending generally along the Bull Run River. This watershed provides the municipal water supply for Portland, Oregon and access is severely restricted. The contract appraiser will be provided with access for inspection, accompanied by authorized representatives.

The following section identifies the Federal land and the non-Federal land:

The Federal Land to be appraised is described as follows:

(note that Federal Land parcels are numbered with an “F” prefix)

US Forest Service, Region 6

US Forest Service, Region 6

US Forest Service, Region 6

The “official” and “actual” acreages are certified by the Forest Service Surveyor, since “official” and “actual” acreage may differ. The “actual” acreages of parcels will be used for appraisal purposes, and the “official” acreage will be used in the patent and quit claim deed in accordance with the Bureau of Land Management Handbook H-1860.

The non-Federal Land to be appraised is described as follows:

US Forest Service, Region 6

1 The “official” and “actual” acreages are certified by the Forest Service Surveyor, since “official” and “actual” acreage may differ. The “actual” acreages of parcels will be used for appraisal purposes, and the “official” acreage will be used in the patent and quit claim deed in accordance with the Bureau of Land Management Handbook H-1860.

(The notations “Added” or Addition refer to the fact that the Agreement to Initiate was revises to add these tracts.)

US Forest Service, Region 6

C-2.1(b) - Appraisal Report. The appraiser shall make a detailed field inspection of the subject properties as identified in the addenda, and shall make such investigations and studies as are necessary to derive sound conclusions and to prepare the appraisal reports.

C-2.1(c) – Pre-Work Conference: At the request of the assigned Forest Service staff review appraiser, the contract appraiser may be required to attend a pre-work conference for discussion and understanding of these instructions. The pre-work conference may be held in conjunction with the property examination [C-2.1(d)].

C-2.1(d) - Examination Notice. The Appraiser shall provide the property owners and the Government 10 days advance notice of the examination date and shall give the owners, or the designated representatives, and the Government an opportunity to accompany the contract appraiser during the inspection of the properties. Access to the subject property is restricted and the contract appraiser will be provided with access. These notices shall be documented in the contract appraiser's transmittal letter of the appraisal report. The contract appraiser shall certify that the signer of the report has personally visited the appraised properties and all of the comparable transactions used in the comparative analyses.

C-2.1(e) - Updating of Report. Upon the request of the Government, the contract appraiser shall, during a two-year period following the valuation date of the appraisal reports, update the values as of a specified date. Each of the updated reports shall be submitted in original and three copies, and shall include sales data or other evidence to substantiate the updated conclusions of value.

C-2.1(f) - Testimony. Upon the request of the United States Attorney or the Department of Justice, the contract appraiser shall, in any judicial proceedings, testify as to the value of any and all property included in the appraisal report as of the valuation date.

C-2.1(g) - Definition of Terms: Unless specifically defined herein or in either USPAP or UASFLA, definitions of all terms are the same as those found in “The Dictionary of Real Estate Appraisal” (Appraisal Institute), current edition.

UASFLA shall take precedence in any differences among definitions.

C-2.2 - Technical Specifications.

Application of These Specifications: These technical specifications reflect the standards for the appraisal of property to be acquired or conveyed by the Forest Service. The contract appraiser is required to analyze and determine the larger parcel. If the contract appraiser determines that the estate to be appraised contains multiple larger parcels, the appraiser shall consult with the assigned staff review appraiser.

Federal Law Controls: Federal law may differ from the law of some states and supersedes State law when they conflict.

Accordingly, it is incumbent upon the appraiser to understand the applicable Federal law as it affects the appraisal process in the estimation of market value. Federal law is reflected in UASFLA. These specifications follow UASFLA format, with emphasis on issues of special concern to the Forest Service. It should not be construed that the appraiser is to consider only the emphasized items. Appraisal reports shall be prepared in compliance with UASFLA standards and

Forest Service appraisal instructions provided by the assigned staff review appraiser.

One aspect of the UASFLA that the appraiser should be aware of is the “unit rule.” The unit rule requires valuing property as a whole rather than by the sum of the values of the various interests into which it may have been carved. A second aspect of the unit rule is that different elements or components of a tract of land are not to be separately valued and added together.

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. The Jurisdictional Exception Rule should never be invoked lightly and must include citation

US Forest Service, Region 6 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 Forest Service review appraiser. When an appraiser properly follows the Jurisdictional Exception Rule in disregarding a part of USPAP, there is no violation of USPAP.

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

Forest Service review appraiser has approved the appraisal report.

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:

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

b) If providers of information request confidentiality, such information shall not be included in the report.

Confidential information shall be made available to the staff review appraiser upon request, but shall not be incorporated in a Forest Service system of records.

C-2.2(a) - Format. The report shall be printed or typewritten on bond paper sized 8 1/2 by 11 inches, with all parts of the report legible, and shall be bound with a durable cover. The face of the report shall be labeled to identify the appraised property and show the contract number, the appraiser's name and address, and the date of the appraisal. All pages of the report, including the exhibits, shall be numbered.

C-2.2(b) - Contents. The suggested format outlined in items C-2.2(b)(1) through C-2.2(b)(4) is based on UASFLA.

Although it is not required that the contract appraiser strictly adhere to it, all items must be addressed. It should be noted that in most instances, these specifications reference UASFLA without reprinting them here. Important items are noted below, but are not all-inclusive. It is incumbent upon the contract appraiser to read, understand, and comply with

UASFLA and these specifications.

C-2.2(b)(1) - PART I – Introduction. Follow the UASFLA format.

1. Title Page

2. Letter of Transmittal

3. Table of Contents

4. Appraiser’s Certification: Follow the UASFLA and USPAP guidelines, but include the following:

I have made a personal inspection of the appraised property which is the subject of this report and all comparable sales used in developing the estimate of value. The date(s) of inspection was __________, and the method of inspection was

(If more than one person signs the report, this certification must clearly specify which individuals did and which individuals did not make a personal inspection of the appraised property.)

The landowner or the landowner's representative jointly inspected the property with the appraiser on (date)." (or the landowner was invited to jointly inspect the property and declined.)

In my opinion, the market value (or other value as required) is $ as of (date)."

By (Appraiser’s signature) _______

Printed Name / State Certification #

US Forest Service, Region 6

5. Summary of Salient Facts and Conclusions

6. Photographs of Subject. Provide original color photographs or high quality color copies of photographs of the appraised property. Photographs may be a separate exhibit in the addenda or included with the narrative description of the appraised property and comparable sales. Show the following information with each photograph:

a. Identify the photographed scene. Indicate direction of view, vantage point, and other pertinent information. A map may be used to show some of this information.

b. The name of the photographer.

c. The date the photograph was taken.

7. Statement of Assumptions and Limiting Conditions. All appraisal reports submitted to the Forest Service for review become the property of the United States and may be used for any legal and proper purpose. Therefore, a condition that limits distribution of the report is not permitted.

If the appraisal has been made subject to any encumbrances against the property, such as easements, that shall be stated.

It is unacceptable to state that the property has been appraised as if free and clear of all encumbrances, except as stated in the body of the report; the encumbrances must be identified in this section of the report.

The use of an uninstructed assumption or hypothetical condition that results in other than “as is” market value will invalidate the appraisal. Include only factors relating to the appraisal problem. Assumptions and limiting conditions that are speculative in nature are inappropriate. Do not include limiting conditions that significantly restrict the application of the appraisal.

See the “Additional Special Instructions to the Appraiser” presented later in this document, for instructed hypothetical conditions.

An appraiser cannot make an assumption or accept an instruction that is unreasonable or misleading. Agency instructions and/or legal instructions must have a sound foundation, must be in writing, and must be included in the appraisal report.

8. Scope of the Appraisal. This section shall fully describe the extent of investigation and analysis. The scope of work should be consistent with the intended use of the appraisal.

9. Purpose of the Appraisal. The purpose of each of the appraisals is to provide an opinion of the market value for the described property, subject to the existing encumbrances, outstanding rights and reservations and the conditions set forth in these instructions. A description of the property rights appraised shall be included under factual data rather than in the Purpose section.

Client: For both of the appraisal reports in this assignment, the client shall be identified as:

Forest Supervisor, Mount Hood National Forest

Intended Use and Intended User: This section shall include a statement as to the intended use and intended user of the report. The intended use for this assignment is to establish the market values of the lands herein described, to be used in a prospective land exchange between the USDA Forest Service and the City of Portland. The intended users are the client and other Forest Service staff as authorized and Portland Water Bureau staff as authorized. Any other party receiving a copy of the Appraisal Report or Appraisal Review Report in order to satisfy disclosure requirements, or for

US Forest Service, Region 6 any other reason, does not become an intended user of these reports unless the appraiser or reviewer, as part of the assignment, identifies such party as an intended user.

For land exchanges under the authority of the Federal Land Exchange Facilitation Act of 1988 (FLEFA) use the following definition:

“Market value means the most probable price in cash, or terms equivalent to cash, which lands or interest in lands should bring in a competitive and open market under all conditions requisite to a fair sale, where the buyer and seller each acts prudently and knowledgeably, and the price is not affected by undue influence.” (36 C.F.R. § 254.2)

This definition makes no linkage between the estimated market value and exposure time. A specific exposure time shall not be cited in an appraisal report prepared under UASFLA standards. Invoke the Jurisdictional Exception Rule to avoid a violation of USPAP standards, which would otherwise require a specific exposure time.

10. Summary of Appraisal Problem.

C-2.2(b)(2) - Part II - Factual Data

1. Legal Description. Note the following: The legal description is provided to the appraiser in the attached Legal

Description Verification forms (FS-5400-40). If a lengthy description would disrupt the narrative flow, it may be placed in the addenda and referenced in the text.

2. Property Rights. The property rights to be appraised are provided in the attached Preliminary Title Report along with a copy of the recorded instruments describing each encumbrance (if applicable).

3. Identify the property rights to be appraised as instructed. List all reservations, outstanding rights, and other encumbrances. For multiple parcel properties, list by appraised parcel. If investigation reveals differences from property rights cited in the assignment, confer with the assigned Forest Service staff review appraiser. Discuss the effect on value of identified reservations, outstanding rights, and other encumbrances.

4. Area, City and Neighborhood Data. The use of boilerplate demographic and economic data is unnecessary and undesirable. Report only data that directly impacts the market analysis.

a. Area Map. Include a small-scale map showing the general location of the appraised property. It can be placed here or in the addenda.

b. Neighborhood Map. Show the appraised property and its immediate neighborhood. The map may be placed here or in the addenda.

5. Property Data. Include the following:

a. Site Description: Dimensions, size, shape, vegetative cover, soil types, topography, elevations, wetlands, flood plains, view, timber, water rights, effect of encumbrances, livestock forage, access, road frontage, utilities, location, or other characteristics that may affect value. A statement must be made concerning the existence or absence of mineral deposits having a commercial value. Evidence, if any, of hazardous substances shall be described by the contract appraiser.

b. Improvements. See the Special Instructions section of this document.

US Forest Service, Region 6

c. Fixtures. See the Special Instructions section of this document.

d. Use History. Ten-year history required.

e. Sales History. Include a ten-year record of all sales of the appraised property and, if the information is available, offers to buy or sell. If no sale has occurred in the past ten years, the appraiser shall report the last sale of the property, irrespective of date.

f. Rental History. A three-year rental history is required. An unsupported statement that the rent does not represent market or economic rent is unacceptable.

g. Assessed Value and Annual Tax Load.

h. Zoning and Other Land-use Restrictions. Federal lands and non-Federal lands must be appraised under the hypothetical condition that they are already in non-Federal and non-municipal ownership and zoned consistent with similar non-Federal and non-municipal properties in the market area. The contract appraiser shall identify, in addition to zoning, all other land-use and environmental regulations, outstanding rights, and reservations that have an impact on the highest and best use and value of the property.

i. Appraised Property Map or Plat. Show the dimensions and topography of the appraised property in detail on a large-scale topographic map, at least 2 inches to the mile. The map may be placed here or in the addenda.

C-2.2(b)(3) - Part III – Data Analysis And Conclusions.

1. Analysis of Highest and Best Use. For exchange appraisals, use the following definition of highest and best use:

“An appraiser’s supported opinion of the most probable and legal use of a property, based on market evidence, as of the date of valuation” (36 C.F.R. § 245.2). The appraiser’s estimate of highest and best use must be an economic use.

a. Larger Parcel Determination for Land Exchanges. The contract appraiser shall not consider land outside the property described in the ATI for either larger parcel determination or in reaching a conclusion of the highest and best use (UASFLA, 2000 D-7).

The highest and best use conclusion must be clearly supported by market evidence. Sale or exchange to the United

States or other public entity is not an acceptable highest and best use. The use to which the government will put the property after it has been acquired is, as a general rule, an improper highest and best use. A non-economic highest and best use, such as “conservation,” “natural lands,” “preservation,” or any use that requires the property to be withheld from economic production in perpetuity, is not a valid use upon which to base an estimate of market value.

If the highest and best use is for assemblage, describe and explain the relationship of the appraised property to the property to which it would be joined.

If speculation or investment is the highest and best use of the property, describe and explain its interim and most probable ultimate use.

When there is a claim that the highest and best use of a property is something other than the property’s existing use, the burden of proof is on the contract appraiser.

Market value cannot be predicated upon potential uses that are speculative and conjectural.

US Forest Service, Region 6

The contract appraiser's opinion of a reasonable probability of a zoning change must have a factual foundation. The appraisal report shall include a description of the investigation undertaken to determine the probability of rezoning. The investigation shall include thorough research of the use(s) and zoning of properties situated similarly to the subject property within the area covered by the zoning authority. The stated rezoning conclusion shall be supported by facts surfaced in the research. A property cannot be valued as if it were already rezoned for a different use. The property must be valued only in light of the probability of obtaining a zoning change.

2. Value Estimate by the Cost Approach. Estimate the value of the land as though vacant and available for its highest and best use. Estimating land value by the use of confirmed sales of comparable, or nearly comparable, lands having like optimum uses is the preferred method.

If the appraiser will place considerable weight on the cost approach to value in reaching a final value estimate, consideration should be given to retaining the services of a contractor or professional cost estimator to assist in developing the reproduction or replacement cost estimate.

Estimating depreciation by the use of published tables or age-life computation shall be avoided. The appraiser must substantiate that it is not possible to abstract depreciation rates from the market if tables or age-life methodologies are used to compute depreciation. If this is the only method used, the weakness resulting from the lack of market support is to be addressed and considered in the reconciliation. Report a single point value estimate for the cost approach, if utilized.

3. Value Estimate by the Sales Comparison Approach. Nearby arm’s length transactions, comparable to the land under appraisement, reasonably current, are the best evidence of market value. The Federal courts recognize the sales comparison approach as being normally the best evidence of market value.

Analyze the last sale of the subject property if relevant. If not used, explain why. An unsupported claim that a sale of the subject property was a forced sale, or is not indicative of its current value, is unacceptable.

When supportable by market evidence, the use of quantified adjustments is preferred. Percentage and dollar adjustments may, and often should, be combined. Resort to qualitative adjustments only when there is inadequate market data to support quantitative adjustments. Factors that cannot be quantified are dealt with in qualitative analysis. When quantitative and qualitative adjustments are both used in the adjustment process, all quantitative adjustments should be made first. Report a single point value estimate for the sales comparison approach.

Include a sales adjustment chart summarizing the adjustments and showing the final adjusted sale prices and how the sales compare with the subject property.

The documentation of each comparable sale shall include:

a. Parties to the transaction.

b. Date of transaction.

c. Confirmation of the transaction with buyer, seller, broker, or other person having knowledge of the price, terms, and conditions of sale.

d. Buyer motivation.

e. Location.

US Forest Service, Region 6

f. Size.

g. Legal description.

h. Property rights conveyed.

i. Consideration.

j. Financing terms.

k. Sale conditions. Verify if sale was an arm’s length or distressed sale.

l. Improvements.

m. Physical description. (Describe topography, vegetative cover, water influence, and other characteristics.)

n. Non-realty items.

o. Economic characteristics.

p. Zoning.

q. Current use.

r. Topographic map.

s. Photographs.

In order to make a meaningful comparison between the sales and the appraised property, the Forest Service requires inspection of all sales directly compared with the appraised property. Unusual circumstances that preclude on-the-ground inspection, or make inspection unreasonably difficult shall be discussed with the assigned staff review appraiser prior to completion of the appraisal report. Waiver of the comparable sale inspection requirement must be made in writing by the assigned review appraiser in the form of a supplemental appraisal instruction. There shall be no waiver of the requirement for inspection of the appraised property.

Include a list of the sales considered, but not actually used. Cite pertinent facts such as date, size, buyer and seller, price, terms, location, and explain why each sale was not used.

The contract appraiser shall adhere to UASFLA direction pertaining to comparable sales requiring extraordinary verification and weighting considerations. These include sales to governmental agencies, sales to environmental organizations, sales to parties desiring to exchange the land to the government, distressed sales, and other atypical or non-arm’s length sales.

4. The Income Capitalization Approach. All data shall be market supported. Report a single point value estimate for the income approach, if utilized.

5. The Development Approach. The development approach should not be relied upon as the primary indicator of value when comparable sales are available with which to accurately estimate the property’s market value. The

US Forest Service, Region 6 contract appraiser shall adhere to UASFLA direction pertaining to this highly sensitive and complex method of valuation.

6. Correlation and Final Conclusion of Market Value. The appraiser must avoid making a summation appraisal.

Appraisers are responsible for the final opinion of value even if it relies upon estimates developed by others (e.g., timber cruisers, mineral appraisers, cost estimators).

C-2.2(b)(4) - Part IV – Exhibits and Addenda

Include the following items as applicable to the appraisal problem, if not included in the body of the report:

1. Maps. Maps shall clearly identify the properties and be of sufficient quality to enable the reviewer to locate the properties on the ground. Maps shall be dated, include a legend, scale, and north arrow. The original copy of the report shall contain original maps or vivid color copies.

a. Area Map – Small-scale map showing the general location of the subject market area.

b. Neighborhood Map - This map shall show the appraised property and its immediate neighborhood.

c. Tract Map or Plat - This shall be a large-scale (2-inch/mile) USGS or similar quality map that clearly shows the appraised property and pertinent physical features such as roads, streams, and improvements. If portions of the appraised property are assigned separate values, such as in an assembled exchange, these areas shall be delineated on this map, or a separate map.

d. Comparable Sales Location Map - This map shall show the location of the appraised property and the sales.

Delineate the boundaries of the appraised properties and comparable sales when the map is of sufficient scale to be meaningful. If all pertinent comparable sales cannot be shown on the same map as the appraised property, a smaller-scale map (such as a state road map) may be included in addition to the larger scale map.

2. Sale Transaction Forms. Include a completed form showing all information for each comparable transaction used in the appraisal. Include a plat (if available), a USGS topographic map (if appropriate), and color photo(s) of each sale. The transaction number must match the number of the transaction listed in the report.

3. Legal Description. Include a full legal description of the property appraised if not shown in the narrative section of the report.

4. Title Information. Include a copy of the preliminary title report for non-Federal land and a statement of interest

(Status Report) for the Federal land, as applicable.

5. Photographs. Provide quality color photographs of the appraised property and all comparables in the original and all copies of the final report. Photographs may be a separate exhibit in the addenda or included with the narrative description of the appraised property and comparable sales. Show the following information with each photograph:

a. Identify the photographed scene. Indicate direction of view, vantage point, and other pertinent information.

A map may be used to show some of this information.

b. The name of the photographer.

US Forest Service, Region 6

c. The date the photograph was taken.

6. Other Pertinent Exhibits. Present additional data such as documents and charts pertinent to the valuation and referred to in the body of the appraisal. It may include:

a. A copy of an easement or other deed.

b. A copy of technical reports from specialists. This may include a timber cruise summary signed by a timber cruiser, a road plan signed by an engineer, or a mineral report signed by a geologist.

c. Property owner permission to appraise.

7. References. List sources of data, including documents and individuals.

8. Qualifications of the Appraiser. Include the qualifications of all contract appraisers or technicians who made significant contributions to the completion of the appraisal assignment. The contract appraiser(s) must provide evidence of compliance with the certification requirements of the state(s) where the properties are located.

E-1 – Basis of Inspection and Acceptance. Agriculture Acquisition Regulation (48 CFR Ch. 1), Clause 52.246-4, Inspection of Services – Fixed Price (Apr 84) (FSH 6309.32-AGAR 52.246-4) shall be the basis of inspection and acceptance.

SECTION F – DELIVERIES OR PERFORMANCE

Time for Contract Performance. The contract appraiser shall submit to the assigned Forest Service staff Review

Appraiser (Greg Graybadger, Senior Review Appraiser) one digital report copy (PDF) of the appraisal report for technical review within 60 days following issuance of the Notice to Proceed. The Review Appraiser will review the appraisal report for acceptance or recommend revisions of the report. If revisions are necessary, a revised report shall be submitted within 15 days of notification. The Review Appraiser will then review the revised report for acceptance.

Once the appraisal report has been approved, the contract appraiser will produce and deliver 4 full-color signed and bound copies of the report and a pdf of the final report.

After review and approval of the appraisal reports, supplemental appraisal instructions may be issued in order to provide for equalizing the land exchange. The City of Portland and the Forest Service may need an estimated

60 – 90 calendar days to consider and agree to which parcels may be dropped from the exchange and/or whether cash payment may be required. The contract appraiser will be notified by the contracting officer and payment for the supplemental appraisal report(s) will be at a fixed fee to be determined at the time the update is requested.

Pre-work Conference. A pre-work meeting between the assigned staff review appraiser and the contract appraiser is required. It is preferable that this be accomplished during the site inspection with the landowners present.

US Forest Service, Region 6

G-1 - Method of Measurement. The unit of measurement is designated in the Schedule of Items, Section B of the contract.

G-2 - Unit of Measurement. Measurement shall be made for each item or unit of work as shown in the Schedule of

Items, completed as described in the Specifications and Supplements thereto.

G-3 - Payment for Contract Work. Payment for contract work shall be made only for items listed in the Schedule of

Items. All other work shall be considered incidental and included in the payment of the items listed in the Schedule of

Items.

G-4 - Timing of Payment. Payment shall be made upon receipt and approval of the final appraisal report. No progress payments shall be made.

G-5 - Payments for Updates. Payment for updating shall be at a fixed fee that may be agreed upon at the time the updating is requested.

G-6 - Payment for Testimony. Payment for testimony shall be at a fixed fee to be negotiated at the time the testimony is requested. Travel expenses shall be paid at a rate not to exceed Federal Government travel allowances.

G-7 - Contract Payment Estimate and Invoice. The Invoice Processing Platform (IPP) system will be used for invoice submittal.

G-8 - Basis of Payment. The accepted quantities shall be paid for at the contract unit price for the items shown in the

Schedule of Items.

G-9 - Property of the United States. All submitted appraisal reports become the property of the United States and may be used for any legal and proper purpose.

ADDITIONAL SPECIAL INSTRUCTIONS TO THE APPRAISER

1. The subject properties lie within Clackamas County and Multnomah County in the State of Oregon. They are located in an area from 3 miles to 14 miles northeast of Sandy, Oregon extending generally along the Bull Run

River. This watershed provides the municipal water supply for Portland, Oregon and access is severely restricted. The contract appraiser will be provided with access for inspection, which will include that the appraiser must be accompanied by a representative of the Portland Water Bureau.

2. The Federal land and interest in land shall be appraised as if in one private ownership and available for sale in the open market and zoned consistent with similar non-Federal property and non-municipal property. The non-

Federal land shall also be appraised as if in one private ownership and available for sale in the open market and zoned consistent with similar non-Federal property and non-municipal property. The appraisal reports shall include hypothetical conditions to this effect.

3. For purposes of appraisal, any special protections related to the subject property in government ownership and within the municipal watershed should be disregarded. The appraisal reports shall include hypothetical conditions to this effect. Only the typical County zoning and the typical protections of the Oregon Forest

Practices Act applicable to private lands would be in place. The appraisal reports shall include hypothetical conditions to this effect. Parcels within Multnomah County are zoned “East of the Sandy River CFU–

Commercial Forest Use.” Parcels within Clackamas County are zoned TBR–Section 406 Timber District, and are also subject to zoning category RSCA–Section 704 River and Stream Conservation Area for properties

US Forest Service, Region 6 adjacent to these resources. The appraiser will confirm the actual zoning and analyze the effects of the zoning and other restrictions in place as of the effective date of value.

4. Each of the properties to be appraised consist of multiple, non-contiguous parcels. The value of each property will be a single value, as if the property were sold from one seller to one buyer in one transaction, regardless of larger parcel determination. If any of the properties are comprised of multiple larger parcels and the larger parcels are valued individually, the Appraiser will determine from market evidence whether an adjustment for size, multiple parcels, and configuration is needed for a single whole property value.

5. In addition to the single property total property value, the appraiser will also report the contributory value for each of the individual subject parcels (non-federal parcels: 1A through 10 and federal parcels F-1 through f-20).

6. If any of the parcels described in the legal descriptions of the subject properties are not currently partitioned as legally salable parcels, the appraiser will apply a hypothetical condition that the boundary line adjustment and partitioning has been completed as of the effective date of value and that the parcels are conveyable as appraised.

7. A timber cruise of the subject tracts has been completed by Integrated Resource Management, of Philomath, Oregon. The timber cruise report was completed in April 2013. The Forest Service and the City of Portland

Water Bureau accept this timber cruise for use in the appraisals, as an accurate reflection of the current state of the timber resource on both the Federal and non-Federal properties. The timber cruise includes 2.5 acres which have subsequently been eliminated from the City of Portland’s subject property. An allocation is necessary to account for this change. This change in acreage is deemed to have not significantly affected the reliability of the timber cruise report. A copy of the timber cruise report that has been approved for use in this assignment will be provided to the contract appraiser.

8. All of the improvements, facilities and infrastructure on the subject properties remain the property of their current owners. They are to be disregarded in the appraisal of the lands, except that roads and the access that they provide are to be assumed to remain as-is. There are no structures on the City of Portland lands to be conveyed to the Forest Service. The improvements, facilities and infrastructure on Federal lands are owned by the City of Portland and held under Special Use Permits or easement. The proposed land exchange anticipates no change in the ownership of any improvements, facilities or infrastructure. As such, no improvements shall be considered in valuing the subject lands, except the roads and the access that they provide remain as-is. The appraisal report shall include a hypothetical condition to this effect.

9. As the improvements under special use permits, including the dams and reservoirs are disregarded in the appraisal assignment, the impounded water is also hypothetically considered to be absent. The inundated lands are to be appraised as if vacant (non-stocked) and available for their highest and best use. The appraisal report shall include a hypothetical condition to this effect.

10. All roads are depicted on the Bull Run Watershed Management Unit Transportation System (BRWMUTS) map which will be provided to the contract appraiser. After the closing of the land exchange transaction, various easements will be conveyed by each party, but such future easements or other agreements are not a part of the estates to be appraised.

11. If commercial timber is assumed to haul from the parcels in the land exchange, and roads assumed for timber hauling will require road use permits, the costs associated with such permits are to be analyzed as they affect values, as needed. Josh Marxen, Road Manager for the Mt Hood NF, will provide those cost estimates for road use permit fees customarily charged for hauling commercial timber on National Forest roads. These same fees will be applicable for timber hauled on roads across both City of Portland ownership and National Forest

US Forest Service, Region 6

System lands. Any road use permit fees applicable for hauling timber across private lands in order to reach the public roads will require investigation by the appraiser.

12. The income produced under the Special Use Permits, easement, or the licensing under Federal Energy

Regulatory Commission (FERC), or the loss of such income, should be disregarded. The Office of the General

Counsel (OGC) stated, “In the event the National Forest System lands underlying this authorization are conveyed to the holder, those Forest Service System lands shall be appraised as though this authorization did not exist. In no event shall such lands be diminished in value as a result of this authorization.”

13. The Portland Water Bureau is representing the landowner, the City of Portland. For purposes of this contract, all contacts shall be through the assigned review appraiser and Contracting Officer’s Representative, Greg

Graybadger.

14. Include a copy of these Appraisal Instructions in the Addenda of the appraisal report.

15. Documents pertinent to the title report special exceptions, the mineral report and the complete timber cruise will be provided to the contract appraiser.

16. Electronic billing utilizing the Invoice Payment Platform (IPP) system will be required.

LOCATION AND DESCRIPTION

A. Project Location

The State of Oregon, Clackamas County

*See attachment #4 - map for locations

B. Estimated start date of October 7, 2016

Completion Date: June 15, 2017

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

Attachment #1A and #1B: Preliminary Title Report for non-Federal Lands

Attachment #2: Federal Land Status Report

Attachment #3: Timber Cruise Report

Attachment #4: Map of Exchange Lands

US Forest Service, Region 6

The provision “52.212-1, Instructions to Offerors-Commercial”, applies to this acquisition and the following are provided as an addenda to this provision.

The provision “52.212-2, Evaluation-Commercial Items”, applies to this acquisition and the specific evaluation criteria to be included in paragraph (a) of that provision, are as follows:

1. TECHNICAL / PAST PERFORMANCE

2. AVAILABILITY

3. PRICE

Price and availability are equally important when considering all offers.

All offerors must provide a completed copy of “52.212-3, Offeror Representations and Certifications – Commercial Items”

OR the offeror must have completed their annual representations and certifications electronically at http://orca.bpn.gov . If the offeror has completed ORCA on-line, a copy of 52.212-3 can be pulled from the ORCA website.

DUNS Number: TIN Number:___________________

(xi) Provide the following statement.

FAR Clause “52.212-4, Contract Terms and Conditions – Commercial Items” applies to this acquisition and includes the following addenda to this clause incorporated in full or by reference.

FAR 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

FAR 52.236-13 ACCIDENT PREVENTION (NOV 1991)

FAR 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the

Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than June 15, 2017. Estimated start date is October 7, 2016.

AGAR 452.236-72 USE OF PREMISES (NOV 1996)

AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORICAL SITES (FEB 1988)

AGAR 452.209 – 71 Alternate 1 (FEB 2012)

Alternate 1 (Feb 2012). The Contracting Officer shall use this alternate for all Forest Service contracts above the micro-purchase threshold entered into with any entity that is a corporation:

ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE

APPLICANTS

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies.

Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any

Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States

Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these http://orca.bpn.gov/

US Forest Service, Region 6 convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

FAR Clause “52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial

Items”

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items (Mar 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19

U.S.C. 3805 note)).

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct

1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009).

__X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of

Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)

(Pub. L. 111-117, section 743 of Div. C).

US Forest Service, Region 6

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

(41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct

2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan…