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SOLICITATION, OFFER AND AWARD
| 1.THIS CONTRACT IS A RATED ORDER |
| RATING |
| PAGE OF |
UNDER DPAS (15 CFR 700)
| 1 of |
| 70 |
| PAGES |
| 2. CONTRACT NUMBER |
| 3. SOLICITATION NUMBER |
| 4. TYPE OF SOLICITATION |
| 5. DATE ISSUED |
| 6. REQUISITION/PURCHASE |
| AG-82X9-S-09-0266 |
| FORMCHECKBOX |
| NEGOTIATED (RFP) |
| August 30, 2009 |
| NUMBER |
| 7. ISSUED BY |
| CODE |
8. ADDRESS OFFER TO (If other than Item 7)
U.S. Forest Service Arapaho & Roosevelt Nat’l Forest & Pawnee Nat’l Grasslands
2150 Centre Avenue, Building E
Fort Collins, CO 80526 Same as Block 7, Attention Christina A. Schofield
If hand carried, submit to Receptionist
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
KEEP THIS COPY SOLICITATION
| 9. Sealed offers in original and |
| 2 |
| copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, |
| or if handcarried, in the depository located in |
| Reception Area |
| until |
| 16:00 |
| local time |
| October 1, 2009 |
(Hour)
(Date)
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
| 10. FOR INFORMATION |
| A. NAME |
| B. TELEPHONE NO. (NO COLLECT CALLS)Area Code/Number/Extension |
| C. E-MAIL ADDRESS |
| CALL: |
| Christina A. Schofield |
| 970-295-6635 |
| cschofield@fs.fed.us |
11. TABLE OF CONTENTS
| (X) |
| SEC. |
| DESCRIPTION |
| PAGE(S) |
| (X) |
| SEC. |
| DESCRIPTION |
| PAGE(S) |
| PART I - THE SCHEDULE |
| PART II - CONTRACT CLAUSES |
| X |
| A |
| SOLICITATION/CONTRACT FORM |
| 1 |
| X |
| I |
| CONTRACT CLAUSES |
| 9 |
| X |
| B |
| SUPPLIES OR SERVICES AND PRICES/COSTS |
| 3 |
| PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH. |
| X |
| C |
| DESCRIPTION/SPECS./WORK STATEMENT |
| 13 |
| X |
| J |
| LIST OF ATTACHMENTS |
| 1 |
| X |
| D |
| PACKAGING AND MARKING |
| 1 |
| PART IV - REPRESENTATIONS AND INSTRUCTIONS |
| X |
| E |
| INSPECTION AND ACCEPTANCE |
| 1 |
| X |
| K |
| REPRESENTATIONS, CERTIFICATIONS AND |
| 7 |
| X |
| F |
| DELIVERIES OR PERFORMANCE |
| 2 |
OTHER STATEMENTS OF OFFERORS
| X |
| G |
| CONTRACT ADMINISTRATION DATA |
| 2 |
| X |
| L |
| INSTRS., CONDS., AND NOTICES TO OFFERORS |
| 9 |
| X |
| H |
| SPECIAL CONTRACT REQUIREMENTS |
| 2 |
| X |
| M |
| EVALUATION FACTORS FOR AWARD |
| 3 |
OFFER (Must be fully completed by offeror)
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
| 13. DISCOUNT FOR PROMPT PAYMENT |
| 10 CALENDAR DAYS |
| 20 CALENDAR DAYS |
| 30 CALENDAR DAYS |
| CALENDAR DAYS |
(See Section I, Clause No. 52-232-8)
| 14. ACKNOWLEDGMENT OF AMENDMENTS |
| AMENDMENT NO. |
| DATE |
| AMENDMENT NO. |
| DATE |
(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated):
15A.
NAME AND ADDRESS
OF OFFEROR
CODE
FACILITY
| 16. |
| NAME AND TITLE OF PERSON AUTHORIZED TO SIGN |
OFFER (Type or Print)
15B. TELEPHONE NO. (Include area code and extension)
| 15C. CHECK IF REMITTANCE ADDRESS |
| 17. SIGNATURE |
18. OFFER DATE
IS DIFFERENT FROM ABOVE - ENTER
FORMCHECKBOX
SUCH ADDRESS IN SCHEDULE.
AWARD (To be completed by Government)
| 19. ACCEPTED AS TO ITEMS NUMBERED |
| 20. AMOUNT |
| 21. ACCOUNTING AND APPROPRIATION |
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION
| 23. SUBMIT INVOICES TO ADDRESS SHOWN IN |
| ITEM |
FORMCHECKBOX
10 U.S.C. 2304 (c) (
FORMCHECKBOX
41 U.S.C. 253(c) (
| ) |
| (4 copies unless otherwise specified) |
| 7 |
| 24. ADMINISTERED BY (If other than Item 7) |
| CODE |
| 25. PAYMENT WILL BE MADE BY |
| CODE |
USDA Rural Development, Centralized Servicing Center, 4300 Goodfellow Blvd (FC-233), Bldg 105E, St. Louis, MO 63120-1703
| 26. NAME OF CONTRACTING OFFICER (Type or print) |
| 27. UNITED STATES OF AMERICA |
| 28. AWARD DATE |
(Signature of Contracting Officer)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
| AUTHORIZED FOR LOCAL REPRODUCTION |
| STANDARD FORM 33 (REV.9-97) |
| Prescribed by GSA - FAR (48 CFR) 53.214(c) |
PART I—THE SCHEDULE
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
SCHEDULE OF ITEMS
Appraisal Services --Price to include total cost to the Government per day, including; salary, travel, per diem, publishing, photographs, telephone, fax, office services, and other related expenses such as timber cruise and valuation where applicable.
BASE YEAR
Price Per Day
ITEM
Year 1 Year 2 Year 3 Year 4 Year 5
NUMBER
Nebraska $_______ $________ $_______ $________ $________
Colorado $_______ $________ $_______ $________ $________
(State-Wide) Kansas **
Wyoming $_______ $________ $_______ $________ $________
South Dakota $_______ $________ $_______ $________ $________
OPTION YEAR ONE (01)
Price Per Day
ITEM
Year 1 Year 2 Year 3 Year 4 Year 5
NUMBER
Nebraska $_______ $________ $_______ $________ $________
OPTION YEAR TWO (02)
Price Per Day
ITEM
Year 1 Year 2 Year 3 Year 4 Year 5
NUMBER
Nebraska $_______ $________ $_______ $________ $________
OPTION YEAR THREE (03)
Price Per Day
ITEM
Year 1 Year 2 Year 3 Year 4 Year 5
NUMBER
Nebraska $_______ $________ $_______ $________ $________
OPTION YEAR FOUR (04)
Price Per Day
ITEM
Year 1 Year 2 Year 3 Year 4 Year 5
NUMBER
Nebraska $_______ $________ $_______ $________ $________
* The daily rate will be the basis for obtaining firm fixed prices for each Task Order. For each Task Order that a Contractor is requested to submit a price for, the Contractor shall identify the number of days to complete the work times their daily price above to arrive at a total price.
** For Kansas, the appraisals will include the area within or adjacent to the Cimarron National Grasslands and this area is included for the State of Colorado item number.
Base Year: Pricing shall be used and applied to all task orders issued under the 1st year's period, from date of contract award through the end of the first 12-month period.
Option Year One (01): Pricing shall be used and applied to all task orders issued under the 2nd year's period, from one day after the expiration date of year one (1).
Option Year Two (02): Pricing shall be used and applied to all task orders issued under the 3rd year's period, from one day after the expiration date of year two (2) Option Year Three (03): Pricing shall be used and applied to all task orders issued under the 4th, year's period, from one day after the expiration date of year three (3).
Option Year Four (04): Pricing shall be used and applied to all task orders issued under the 5th, year's period, from one day after the expiration date of year four (4).
This is a solicitation for an indefinite delivery/indefinite quantity type of contract for real estate appraisal services. The Forest Service intends to award approximately six (5) to ten (10) contracts in Colorado/Kansas, Wyoming, Nebraska, and South Dakota to those who offer the best value to the Forest Service in accordance with the evaluation factors in Section M. Determination shall be by evaluation as outlined in Section M, EVALUATION FACTORS FOR AWARD. The number of awards will depend on the number of contractors who are evaluated based on qualifications, experience, and location of Contractors for the area covered by the line item in the Schedule of Items.
MINIMUM AND MAXIMUM CONTRACT AMOUNTS (AGAR 452.216-73) (FEB 1988)
During the period specified in FAR Clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $2,500.00, but not in excess of $500,000.00.
Offeror’s may submit pricing for one, two, three, four, or all five states (CO, WY, SD, NE, and KS) listed in the Schedule of Items. Appraisers must commensurate with the license requirements of the Request for Proposals. Pricing for all years for the particular state must be provided when pricing a state. SEE SECTION L for additional details.
SECTION C
DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
SECTION A – GENERAL
A1.1 - SCOPE OF SERVICE
This is a multiple award, Indefinite Delivery/Indefinite Quantity (IDIQ) contract for appraisal services for Region 2, Rocky Mountain Region of the U.S. Forest Service. Contractor(s) are required to furnish all materials, supplies, tools, equipment, personnel, and travel to perform appraisal services on an as-ordered basis. Appraisal services include(s) consultation, review appraisal reports, market surveys, market research, lease analysis, summary, and complete self-contained appraisals.
All work shall be completed and reported according to the Uniform Standards of Professional Appraisal Practice (USPAP), Uniform Appraisal Standards for Federal Land Acquisition(s) (UASFLA), Forest Service Handbook (FSH) 5409.12, FSH 5409.13, FSH 2709.11, and FSH 5509.11.
A1.2 - LOCATION
Individual task orders and projects may require travel throughout the Rocky Mountain Region of the U.S. Forest Service. These areas include the states of Colorado, Wyoming, South Dakota, Nebraska, and the area surrounding the Cimmaron National Grasslands in southwest Kansas. The majority of these task orders are within this Region, but can include additional travel to areas outside the Region or in a joint project with another Federal Agency or Region. Various project assignment(s) can include travel on rough terrain on foot, horseback, all-terrain vehicle (ATV), or snowmobile in and may be required in harsh conditions.
A1.3 - GOVERNMENT FURNISHED PROPERTY
There will be no Government furnished property unless certain maps, materials, or incidentals are specifically identified in an individual task order.
A1.4 - CONTRACTOR RESPONSIBILITY
41 – General - The Contractor shall provide everything necessary for contract performance.
42 – Travel - The Contractor shall provide their own travel and associated equipment with the preferred method of travel. If the Contractor’s preferred mode of transportation is ATV or snowmobile then that mode of transportation must be provided by the Contractor.
43 – Reproduction Costs - The Contractor shall provide all copy and reproduction costs if required as part of the written appraisal instructions, specifications, or task order.
44 – Delivery - The Contractor shall provide the appraisal service on the agreed schedule that is discussed and signed by both parties at the pre-work meeting and that is attached to each written appraisal instruction or specifications.
A1.5 - GOVERNMENT RESPONSIBILITY
51 – Travel – Government employees shall be responsible for their own mode of travel to a site inspection. Government employees shall adhere to their own agency safety rest-work or driving limitations. Government employees shall adhere to all safety requirements and guidelines for the operation of an ATV, snowmobile, or horseback if that is the preferred mode of transportation by the Contractor to access a site in any other manner than by vehicle.
52- Instructions – The Government shall provide clear instructions for each task order and answer any questions of the Contractor for the appraisal service. The instructions include exhibits and information that will be furnished at the Government’s discretion.
A1.6 - PROFESSIONAL DESIGNATIONS/CERTIFICATION/LICENSE
At a minimum, the Contractor shall hold a general certification or license from the State in which he/she is assigned a task order. A General Certification or License covers all property types and is required for completion of any appraisal service under this contract. At a minimum, each Contractor must hold a designation from one of the seven accepted appraisals organizations promulgated by the Appraisal Foundation. Pursuant to the requirements of FIRREA, the Government cannot exempt Contractor(s) from regulations or requirements imposed by a state that may be different or more stringent than the requirements of the terms and conditions of this contract. When a conflict exists between state requirements and the requirements of the this contract related to FIRREA, the Government cannot insulate the Contractor from any state or local or peer action or challenges or appeals form property owners based on compliance with state or locally imposed regulations or requirements.
SECTION C
TECHNICAL SPECIFICATIONS
C-1 – APPRAISAL INSTRUCTIONS
The Contractor shall provide an appraisal service in accordance with the written appraisal instructions similar in scope to the basic specifications in C-2. In certain instances, the Contractor may provide appraisal of recreational cabin lots on a particular Forest when the five-year cycle comes due to re-appraise. Each shall be specific to the task order. Each may include maps, legal descriptions, estate appraised, title policy, land status, land description verification by a surveyor, hazardous materials screening, certificate of occupancy, water rights, timber cruise, structural plans, historic assessments, biologic, environmental, archeological, or any specialist report. These may include reservation language, documents, or easements that have an effect on the estate appraised. This list is not all inclusive.
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 (except those to be furnished by the Government as listed in Section I), and shall complete all requirements of this contract, including performance of the professional services listed herein.
The project consists of one or more self-contained appraisal report(s) per line item for the specified property(ies). For the purposes of these specifications, any appraisal report, whether identified by the contract appraiser as a self-contained report or a summary report, will be considered as meeting the “Uniform Standards of Professional Appraisal Practice” (USPAP) requirements for a “self-contained” report if it has been prepared in accordance with the “Uniform Appraisal Standards for Federal Land Acquisitions” (UASFLA) (2000; Section A). The report shall provide an estimate of market value for the estate to be appraised and shall conform to the editions of USPAP, published by The Appraisal Foundation, current as of the date of the report, as well as UASFLA.
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 property.
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 assigned staff review appraiser as identified in individual task orders issued under this contract.
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.
C-2.1(b) - Appraisal Report. The contract appraiser selected for the assignment shall make a detailed field inspection of the subject property as identified in the Exhibit provided with the Task Order and conduct as many investigations and studies as necessary to derive sound conclusions to prepare the appraisal report.
C-2.1(c) – Pre-Work Conference. At the request of the assigned 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 contract appraiser shall provide the property owner and the Government 10 days advance notice of the examination date and shall give the owner, or the designated representative, and the Government an opportunity to accompany the contract appraiser during the inspection of the property. These notices shall be documented in the contract appraiser’s transmittal letter of the appraisal report. The contract appraiser shall certify that the contract appraiser has personally visited the appraised property(ies) 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 2-year period following the valuation date of the appraisal report, update the value as of a specified date. The updated report shall be submitted in original and _____ copies (number of copies to be determined) and shall include sales data or other evidence to substantiate the updated conclusion of value. The suggested format is shown under item C-2.3.
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. The 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. Unless defined for the contract appraiser in the assignment, the specifications require the contract appraiser to analyze and determine the larger parcel. If it is determined that the estate to be appraised contains multiple larger parcels, the contract appraiser shall consult with the assigned staff review appraiser for possible additional direction. For exchanges, the larger parcel will be specifically defined in the Agreement to Initiate (ATI).
Federal Law Controls: Federal law may differ from the laws of some states and supercedes State law when they conflict. Accordingly, it is incumbent upon the contract 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. The specifications in this appraisal contract follow UASFLA format, with emphasis on issues of special concern to the Forest Service. It should not be construed that the contract 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 contract 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. Invocation of the Jurisdictional Exception Rule should never be invoked lightly and must include citation 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 staff review appraiser.
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 staff review appraiser has approved the appraisal report (FSM 5411).
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, this information is not 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 typewritten on bond paper, sized at 8 1/2 by 11 inches, with all parts of the report legible, and bound with a durable cover. The face of the report shall be labeled to identify the appraised property and show the contract number, the contract 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 opinion 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 contract appraiser must inspect the appraised property.)
"In my opinion, the market value (or other value as required) is $ as of (date).
By (Appraiser’s signature)
Printed Name and Professional Accreditation
State General Certification No.
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.
In this section of the specifications, or in separate written instructions, the contract appraiser shall be instructed as to necessary hypothetical conditions or extraordinary assumptions. For conveyances of Federal land, include a hypothetical condition stating that the Federal land is appraised as if it is in non-Federal ownership and zoned consistent with similar non-Federal property.
A contract appraiser cannot make an assumption or accept an instruction that is unreasonable or misleading. Agency instructions and/or legal instructions shall have a sound foundation, be in writing, and 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. A description of the property rights appraised shall be included under factual data rather than in the Purpose section.
The “Intended Use and Intended User” section shall include a statement defining the intended use and user of the report. This information should be contained within the instructions given to the contract appraiser. If the appraisal instructions do not include this information, the contract appraiser shall ask the assigned staff review appraiser to supply it.
For acquisition appraisals, use the following definition: “Market value is the amount in cash, or terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of the appraisal, 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 at the time of the appraisal.”
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 require a specific exposure time.
A different definition of value will be given in the appraisal instructions for exchange appraisals. For other types of appraisals, define market value as noted above unless specifically given another definition in the appraisal instructions.
10. Summary of Appraisal Problem.
C-2.2(b)(2) - Part II - Factual Data.
1. Legal Description. The legal description is provided to the contract appraiser in the appraisal assignment. 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 shall be provided to the contract appraiser in this section of the specifications or in the appraisal instructions.
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 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. Exchange appraisals of National Forest System lands with reserved public domain status must include a discussion of minerals and must be supported by a mineral report to be included in the addenda. Evidence, if any, of hazardous substances shall be described by the contract appraiser.
b. Improvements.
c. Fixtures.
d. Use History. A 10-year history is required.
e. Sales History. Include a 10-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 10 years, the appraiser shall report the last sale of the property, irrespective of date.
f. Rental History. A 3-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 must be appraised under the hypothetical condition that they are already in non-Federal ownership and zoned consistent with similar non-Federal 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 acquisition appraisals, UASFLA defines highest and best use as “The highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future.” The contract appraiser may also refer to definitions as found in “The Dictionary of Real Estate Appraisal.” 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 CFR 245.2).
The UASFLA requires the contract appraiser to make a larger parcel determination in all appraisals. Apply the tests provided in UASFLA to determine the larger parcel(s).
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).
b. Larger Parcel Determination for Fee Acquisitions. For direction on larger parcel determination for fee acquisitions by the USDA Forest Service, see FSH 5409.12, section 14.9.
c. Larger Parcel Determination for Conveyances. For direction on larger parcel determination for fee conveyances by the USDA Forest Service, see FSH 5409.12, section 14.8.
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.
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 contract 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 contract 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.
3. Value Estimate by the Sales Comparison Approach. Nearby arm’s length transactions, comparable to the land under appraisement, and 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.
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. Confirm the transaction with the buyer, seller, broker, or other person having knowledge of the price, terms, and conditions of sale.
d. Buyer motivation.
e. Location.
f. Size.
g. Legal description.
h. Property rights conveyed.
i. Consideration.
j. Financing terms.
k. Sale conditions. Verify if the 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 meaningful comparisons 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 staff 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, in the addenda. 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.
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 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 contract 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 (such as, timber cruisers, mineral appraisers, or 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 staff review appraiser 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. This is a small-scale map showing the general location of the subject market area.
b. Neighborhood Map. This map shows the appraised property and its immediate neighborhood.
c. Tract Map or Plat. This map is a large-scale (2-inch/mile) United States Geological Survey (USGS) or similar quality map that 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 the 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.
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.
C-2.3 – Format For Supplemental Appraisal Reports. Supplements or amendments to appraisal reports, such as for updating value estimates, changes in acreage, additional support or explanation, or to correct a previous appraisal report, shall be referenced for incorporation with the original report. The following format is recommended. All items must be addressed.
1. Title Page. Include the same information as on the original appraisal report. Label the report as a "Supplemental" or "Updated" appraisal report.
2. Summary of Facts. Include (a) owner's name or other identification of the property, (b) size, (c) highest and best use, (d) new estimate of value, and (e) new valuation date.
3. Summary of Original Appraisal. Cite the date and value opinion from the original appraisal. If previous updates have been made since the original appraisal, cite value opinions and value dates from all updates as well as the original appraisal.
4. Changes. Explain the reason for the appraisal supplement; such as, to update an opinion of value, amend a previous appraisal report, add additional support or explanation, or other.
5. New Opinion of Value. Discuss the changes and market activity that have occurred since the original appraisal (or previous update). Discuss the method used to update the opinion of value and cite the evidence and/or analysis of trends that support the updated value opinion. Conclude with a statement of the new opinion of value and the valuation date, followed by the contract appraiser's signature.
6. Certification.
7. Addenda. Include sales data detail for new sales cited, summaries of data and trend analyses, maps of sales analyzed, and any other information relied upon but not included in the text.
8. Binding. If the Supplemental Appraisal Report comprises more than four pages, it shall be bound in a durable report cover with appropriate identification.
C-2.4 – Format For Recreational Residence Appraisal Reports. During the contract period, each Contractor may be assigned a task order of the re-appraisal of recreational residences on each Forest. The assignment will include typical lots selected by an authorized officer from the Forest. These appraisals of recreational residence lots use slightly different basic specifications. A copy of these specifications are attached as Exhibit A in the addenda to this request for proposal.
C.3 TASK ORDERING
1. All Contractor(s) will be considered for task order performance based on the following:
A. Geographical location of the property to be appraised.
B. Needed specialties for the appraisal including type of property to be appraised.
C. Information available to the Government regarding current workload of contractors.
D. Ability to perform the task in the required timeframe.
E. Performance on previous tasks.
2. A description of a proposed appraisal task will be provided to one or more awarded Contractors based on the considerations in C.3.1. Upon receipt of a proposed appraisal task, the Contractor shall prepare an estimate of the number of days required to complete the task. This estimate must be returned to the Government within the time period specified in the Government's request for the estimate. Estimates returned after the time specified in the request for estimate may be disqualified at the discretion of the Government.
3. Once received, the day estimate will be evaluated and the award of a task order will be made to the Contractor providing the most advantageous proposal to the Government. On a case-by-case basis, the Government may determine that negotiations are necessary to clarify and determine a fair and reasonable number of days necessary to complete the appraisal task.
4. If initial requests and subsequent negotiations result in a day estimate that is determined to not be fair and reasonable, the Government may withdraw the task from performance under this contract and select another manner to complete the appraisal task.
5. Successful negotiations/agreement on number of days will result in award of a Task Order to the selected Contractor. Performance of each Task Order is in accordance with the terms and conditions of the task order and as well as this contract.
C.4 TASK ORDER PERFORMANCE
1. Prior to beginning work on any task order, the Contracting Officer Representative and the Contractor will meet to discuss specifics of the job ordered, clarify work performance, and outline the work schedule for the specific task order.
2. Once a task order has been issued, the Contractor shall complete the required task/job, inclusive of delivery of the final appraisal report and all addendum and backup, by the date specified in the task order.
C.5 SUBCONTRACTING
No subcontracting of the deliverable appraisal is permitted. The certified general appraiser as agreed to under this contract shall sign final work completed for each appraisal task. Consultation work and consulting reports from other qualified specialists (timber cruise and validation work) shall be presented with the final appraisal report either in addendum for the report or incorporated by reference and attached.
C.6 MINIMUM GUARANTEE
Each of the Contractors will be guaranteed $2,500.00 of work for the period of the contract. If $2,500.00 of task orders are not made during the term of the contract, the Contractor will be paid the difference between the value of actual task orders issued, completed, and paid for and the minimum guarantee of $2,500.00 as long as the Government has given the Contractor the opportunity to submit prices for at least three task orders and the Contractor has submitted prices for at least two of those task orders. If the Government fails to offer at least three opportunities to the Contractor to submit prices for a task order or a Contractor declines to submit prices for at least two of three or more task orders offered to the Contractor, payment of the $2,500 minimum will not be made.
SECTION D
PACKAGING AND MARKING
{For this Solicitation, there are NO clauses in this Section}
SECTION E
INSPECTION AND ACCEPTANCE
E.1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
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): www.arnet.gov/far/
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-4 Inspection of Services--Fixed-Price (AUG 1996)
E.2.
INSPECTION AND ACCEPTANCE
The Forest Service may (at its option) furnish aircraft for aerial inspection of the properties, if access to the property appraised or comparable sales is impaired and a joint inspection with the appraiser/appraisal reviewer (Contracting Officer's Representative) is necessary.
SECTION F
DELIVERIES OR PERFORMANCE
F.1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) 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): www.arnet.gov/far/
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.242-15 Stop Work Order (AUG 1989)
52.242-17 Government Delay of Work (APR 1984)
F.2
AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)
The base year period of performance of this contract is from the date of the award through September 30, 2009. This contract includes four option years that may be exercised at the discretion of the Government in accordance to the terms and conditions of this contract.
F-3 -Time for Contract Performance.(The following information will be identified on each Task Order) The Contract appraiser shall submit to the assigned staff review appraiser, ___ original and ____ copy(ies) of the original appraisal report for approval within ____ days of the Notice to Proceed. The assigned Forest Service staff review appraiser shall review the final appraisal report for acceptance or recommend revisions. If revisions are necessary, the revised report shall be submitted considering the implementation schedule in Section F-4 (Contract Time Phase). A copy of the implementation schedule is attached as exhibit B to the addenda of this request for proposals solicitation.
F-4-Contract Time Phases. (The following information will be identified on each Task Order) Each task order shall include an implementation schedule similar to the following page. Delivery shall be agreed upon at the pre-work meeting by the Contract Officer Representative and the Contractor. A third party or land owner may also sign the schedule although they may not be part of the contract task order.
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