RFP_RI Market Analysis_2010_REVISED.pdf

USDA NATURAL RESOURCES CONSERVATION SERVICE

REQUEST FOR PROPOSALS FOR MARKET ANALYSIS (RHODE ISLAND)

SUMMARY: The Rhode Island office of the USDA Natural Resources Conservation Service (NRCS) is seeking the services of an independent real estate professional, such as an agent, broker or licensed general appraiser and registered in the state of Rhode Island, to complete a Market Analysis to determine land values for purchasing perpetual easements in Rhode Island under the Wetland Reserve Program (WRP) and Grassland Reserve Programs (GRP).

PROPOSAL DUE DATE AND ADDRESSES: Proposals must be received in the NRCS Office in Warwick, RI, by 4:30 p.m., Eastern Time (ET), on January 29, 2010.

Proposals must be sent or delivered to the following address: USDA Natural Resources Conservation Service, ATTN: Market Analysis, 60 Quaker Lane, Suite 46, Warwick, RI 02886-0181 or

To submit electronically, please email your proposal to Jackie.Pashnik@ri.usda.gov.

For more information and a copy of the scope of work, please call Joseph Bachand, Acting State Conservationist for Programs, at 401-822-8818.

STATEMENT OF WORK CONTENTS

1. SCOPE

2. QUALITY OF WORK AND EVALUATION FACTORS

3. SELECTING COMPARABLE PROPERTIES

4. ADJUSTING VALUE FOR PROPERTY DIFFERENCES

5. CONDUCT A CURRENT ANALYSIS OF THE COMPETITIVE MARKET

6. MARKET AREA

7. OTHER CONSIDERATIONS

8. DELIVERABLES

9. CONFLICT OF INTEREST

10. NON-DISCLOSURE

11. CIVIL RIGHTS AND PROGRAM DELIVERY

12. PERIOD OF PERFORMANCE

13. FOR ADDITIONAL INFORMATION:

Market Analysis

STATEMENT OF WORK (SOW)

USDA Natural Resources Conservation Service

1. SCOPE

The Rhode Island office of the USDA Natural Resources Conservation Service (NRCS) is seeking a Market Analysis to determine land values for purchasing perpetual easement through the Wetland Reserve Program (WRP) and the Grasslands Reserve Program (GRP).

An independent real estate professional, such as an agent, broker or licensed general appraiser and registered in the state of Rhode Island, shall complete a Market Analysis for the Natural Resources Conservation Service (NRCS). The independent real estate professional shall have at least ten years experience and be knowledgeable of the dynamics of land sales in the specific areas of the market analysis in the State of Rhode Island in order to make required judgments based upon the data available. Documentation of credentials must be provided in a resume. The work shall consist of performing all computations and descriptions required by this statement of work.

2. QUALITY OF WORK AND EVALUATION FACTORS

The Market Analysis shall be clear, accurate, complete, and meet the intent of NRCS to obtain an opinion of the fair market value of land.

The proposals will be evaluated and rated against these factors:

Experience conducting market analyses - experience in conducting appraisals or market analyses for conservation easements or other similar properties for state, local, federal agencies.

Delivery - ability to deliver products on schedule based on similar projects completed and demonstrated ability to manage workload via adequate qualified staffing)

Price and Cost effectiveness

3. SELECTING COMPARABLE PROPERTIES

Important considerations in the selection of comparable properties include:

a. Sales far above or far below the bulk of the group are suspect. There are likely valid reasons for the divergence.

b. Justify comparable sales not used.

c. Comparable sales should be drawn from throughout the region being analyzed.

d. Use comparable sales that are not too old. Stay in as current a time frame as possible.

e. Use similar property types as much as possible.

f. Ensure comparable sales are actually Arms Length transaction.

4. ADJUSTING VALUE FOR PROPERTY DIFFERENCES

When comparing similar properties, there are always differences. Be sure to adjust comparable properties for differences:

a. Add or subtract value for differences in size.

b. Add or subtract value for feature differences such as improvements such as fences, ditches, water supply, etc.

c. Add or subtract value for location differences including access

d. Look at financing differences that could have influenced sale price. Seller financing can at times result in a higher price paid for a property that is not related to its true value

5. CONDUCT A CURRENT ANALYSIS OF THE COMPETITIVE MARKET

a. Active Listings. Active listings are properties currently for sale. These listings matter only to the extent that they indicate the competition for buyers. They are not indicative of market value. Because sellers can ask anything they want for their property, it doesn’t mean the prices are realistic.

b. Pending Listings. Pending Listings are formerly active listings that are now under contract but have not yet closed. Pending sales indicate the direction the market is moving.

c. Sold Listings. These are the actual comparable actual sales. Sales data should be from October 2007 to the present.

d. Off-Market/Withdrawn/Cancelled/Expired. These are properties that were taken off the market for a variety of reasons. The median price is almost always higher than the median price of comparable sales.

6. MARKET AREA

Rhode Island NRCS will require a market analysis for six (6] areas:

1. Bristol County

2. Kent County

3. Newport County

4. Providence County

5. Washington County, excluding Block Island

6. Block Island

7. OTHER CONSIDERATIONS

a. Land use, land quality, soils, and topography:

1.) In Rhode Island, WRP easements are typically found on agricultural lands that have soils that are seasonally flooded or are classified as hydric soils or have hydric soils inclusions. Additionally, the WRP program allows NRCS to purchase “riparian corridors” that connect two wetland areas that have been previously protected and provide the same benefits as a WRP easement. These areas can be up to 700 feet in width and include adjacent uplands that provide additional wildlife habitat

2.) In Rhode Island, GRP easements are found on agricultural grasslands used for pasture or hayland that, in many instances, have high development potential.

b. Improvements: Do not include the value of improvements such as homes, sheds, barns, etc

c. Levee protection: Where significant, separate values should be developed for land behind federal protection levees.

d. Existing easements: Do not use sales data from lands under existing easements as comparable sales

e. Development pressure.

8. DELIVERABLES

The final report and supporting documentation are the deliverables for this assignment. The report should be presented in a neat, easy-to-read format, free of grammatical and typographical errors. The supporting documentation should also be presented with sufficient narrative so that the analysis can be reviewed and critiqued.

The report will provide separate values for the following land types based on soil development potential.

a) High Residential Development

b) Shoreline Recreational and second home development

c) High Quality Farmland water-views

d) Average Quality Developable land inland

e) Low Quality Developable land inland

f) Non-developable land

9. CONFLICT OF INTEREST

An independent Real Estate professional will not analyze a property for a spouse, child(ren), partner(s), or business associate(s), nor have a financial interest in the property to be covered by the proposed easement.

10. NON-DISCLOSURE

Work performance required by this SOW will involve access to potentially sensitive information about governmental and landowner issues. 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 552a. Additionally, the Contractor’s employees shall comply with privacy of personal information relating to Natural Resources Conservation Service programs in accordance with Section 1244 Title II of the Farm Security and Rural Investment Act of 2002 (P.L. 1078-171).

11. CIVIL RIGHTS AND PROGRAM DELIVERY

The Contractor will ensure that 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.

12. PERIOD OF PERFORMANCE

The Contractor will complete the Statewide Market Analysis and provide 4 copies and an electronic copy (CD or other media) to the Rhode Island NRCS State Office, 60 Quaker Lane, Suite 46, Warwick, RI 02886-0181 by 60 days after award. It is anticipated that award will occur on or about February 10, 2010.

13. FOR ADDITIONAL INFORMATION:

a. For administrative aspects of this project

Jackie Pashnik, Management Analyst 60 Quaker Lane, Suite 46 Warwick, RI 02886 401-822-8829 Jackie.Pashnik@ri.usda.gov

b. For technical aspects of this project

Joseph Bachand, Acting Assistant State Conservationist for Programs 60 Quaker Lane, Suite 46 Warwick, RI 02886 401-822-8818 Joseph.Bachand@ri.usda.gov

PART II - CONTRACT CLAUSES

52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(IAW FAR 4.1104)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (APR 2009)

(IAW FAR 19.308(d))

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code _____________ assigned to contract number

[Contractor to sign and date and insert authorized signer's name and title].

52.222-3 CONVICT LABOR (JUN 2003)

(IAW FAR 22.202)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

(IAW FAR 22.810(a)(1))

52.222-26 EQUAL OPPORTUNITY (MAR 2007)

(IAW FAR 22.810(e))

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES

(JUN 1998)

(IAW FAR 22.1408(a))

52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

(IAW FAR 22.1705(a))

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

(JUN 2008)

(IAW FAR 25.1103(a))

52.232-1 PAYMENTS (APR 1984)

(IAW FAR 32.111(a)(1))

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

(IAW FAR 32.111(b)(1))

52.232-11 EXTRAS (APR 1984)

(IAW FAR 32.111(c)(2))

52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

(IAW FAR 32.806(a)(1))

52.232-25 PROMPT PAYMENT (OCT 2008)

(IAW FAR 32.908(c))

(a) Invoice payments—

(5) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR part 1315.

(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the **** day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

52.233-1 DISPUTES (JUL 2002)

(IAW FAR 33.215)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

(IAW FAR 33.106(b))

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

(OCT 2004)

(IAW FAR 33.215(b))

452.237-76 PROGRESS REPORTING (FEB 1988)

(IAW AGARFARS 437.270(a)) The Contractor shall submit a progress report ______ (Contracting Officer shall insert frequency of reporting requirement), covering work accomplished during that period of the contract performance. The progress report shall be brief and factual and shall be prepared in accordance with the following format:

(a) A cover page containing:

(1) Contract number and title;

(2) Type of report, sequence number of report, and period of performance being reported;

(3) Contractor's name and address;

(4) Author(s); and

(5) Date of report.

52.243-1 CHANGES--FIXED-PRICE (AUG 1987)

(IAW FAR 43.205(a)(1))

52.243-1 CHANGES--FIXED-PRICE -- ALTERNATE I (APR 1984)

(IAW FAR 43.205(a)(2))

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (AUG 2009)

(IAW FAR 44.403)

52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(FIXED-PRICE) (SHORT FORM) (APR 1984)

(IAW FAR 49.502(a)(1))

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

(IAW FAR 52.107(b)) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Regulations URLs: (Click on the appropriate regulation.)

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/far1toc.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/dfars/dfar1toc.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/affars/affar1toc.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/afmc/afmc1toc.htm

NOTE: After selecting the appropriate regulation above, at the "Table of Contents" page, conduct a search for the desired regulation reference using your browser's FIND function. When located, click on the regulation reference (hyperlink).

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

(IAW FAR 53.111)

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS OR RESPONDENTS

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS

(FEB 2009)

(IAW FAR 4.1202)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is _____________ [insert NAICS code].

(2) The small business size standard is _________________ [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation.

The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (c) applies.

[ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov . After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201);

except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

452.204-70 INQUIRIES (FEB 1988)

(IAW AGARFARS 404.7001)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

(IAW FAR 52.107(a))

This solicitation incorporated one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The full text of a clause may be accessed electronically at this/these address(es):

Regulations URLs: (Click on the appropriate regulation.)

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/far1toc.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/dfars/dfar1toc.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/affars/affar1toc.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/afmc/afmc1toc.htm

NOTE: After selecting the appropriate regulation above, at the "Table of Contents" page conduct a search for the desired regulation reference, using your browser's FIND function. When located, click on the regulation reference (hyperlink).