Appraisal ITQ Contract 357I01.pdf

COVER SHEET

INVITATION TO QUALIFY (ITQ)

Commonwealth of Pennsylvania Department of Transportation

CONTRACT #357I01

APPRAISAL SERVICES

The Department of Transportation (PennDOT) is issuing this ITQ to prequalify appraisers interested in providing categories of appraisal services of property transactions for transportation purposes.

Question and Answer Period:

There will be a Question and Answer period for this ITQ to address areas in the ITQ that may require further clarification. Questions are due on or before 4:30 PM on April 30, 2008.

Responses to questions will be sent to all recipients of the ITQ.

Contract Period/Renewal Option(s):

The contract period is from the date the Contract is approved by all required Commonwealth signatories and has no expiration date. The Appraisal Services ITQ was evergreened on April 30, 2019.

Initial Enrollment Period:

ITQ responses for the initial enrollment period must be received at the address below by 4:30 PM, June 18, 2008. In order to qualify for the Initial Enrollment Period, applications must be complete and correct and contain all necessary information including Client Reference Surveys if you’re applying for Category 2. It is in the best interest of all appraisers to submit the required information by the initial submission date in order to qualify for the full contract period.

Contract Enrollment Period:

Enrollment for the remainder of the contract period will remain open and ITQ responses will be accepted at the address below indefinitely. The Appraisal Services ITQ was evergreened on April 30, 2019 and has no expiration date.

Response Mailing Address:

Bureau of Office Services (ITQ #357I01) PA Department of Transportation Attn: Jodi Wilson Commonwealth Keystone Building, 400 North Street—5th Floor Information Desk Harrisburg, PA 17120-0041

Contracting Officer:

Jodi Wilson (or her designee or successor), Bureau of Office Services Telephone: (717) 425-7861 E-mail: jodwilson@state.pa.us

WHEN MAILING YOUR RESPONSE, PLEASE ALLOW SUFFICIENT TIME FOR DELIVERY.

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TABLE OF CONTENTS

CONTRACT #357I01

THIS INVITATION TO QUALIFY CONTAINS THE FOLLOWING:

Cover Sheet

Table of Contents

ITQ Signature Page

EXHIBIT “A” - Terms and Conditions

EXHIBIT "B" - Lobbying Certification Form & Federal Provisions

EXHIBIT "C" - Qualification Information

• Qualification Application

• Location of Service

• Client Reference Survey

EXHIBIT "D" - Small Business Application Guide

• Appendix D - Disadvantage Business Enterprises Requirements

• Appendix F - Diverse Business Participation for Non-Federally Funded Projects

EXHIBIT "E" - Qualification Application Update Form

EXHIBIT "F" - District Right of Way Administrators

EXHIBIT "G" - Confirmation of Service Form

EXHIBIT "H" - Questions and Answers

EXHIBIT "I" - Worker Protection and Investment Certification Form

ITQ Signature Page PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Contract 357I01- Invitation to Qualify: Appraisal Services

(Complete in INK or TYPE only—DO NOT use pencil) READ ALL Directions/Instructions in Exhibit “A” (attached) Before Completing this Page

APPRAISER MUST COMPLETE ALL APPLICABLE AREAS

COMPANY NAME AND ADDRESS

If SOLE PROPRIETOR is doing business as (d/b/a) another name, see instructions in Exhibit “A” attached.

FOR COMMONWEALTH USE ONLY

APPRAISER’S CONTACT PERSON

PHONE NUMBER

FAX NUMBER

_____________________________________________________ FEDERAL IDENTIFICATION OR SOCIAL SECURITY NO.

Are you a Disadvantaged Business Enterprise certified by PENNDOT?

Yes No (If yes, Certification Number _______________________) Are you an SDB/VBE/SB certified with the State of Pennsylvania?

Yes No (If yes, Certification Number________________________)

REQUIRED E-MAIL ADDRESS (It is mandatory for appraisers to have an active e-mail address and the capability to conduct e-business. An Appraiser will not be qualified for any category of work if the Appraiser fails to meet this requirement):

VENDOR NUMBER (All vendors must register with the Commonwealth at www.vendorregistration.state.pa.us):

INITIAL Appraiser acknowledges any and all information by initialing/dating here. The Appraiser’s authorized signatory must initial and date where indicated at right.

DATE

This contract consists of the following provisions and exhibits. The Appraiser shall comply with all provisions as listed below:

1) The Terms and Conditions attached as Exhibit “A” to this contract; and,

2) The Lobbying Certification Form, Disclosure of Lobbying Activities Form (if applicable), and Insurance Requirements attached as Exhibit “B” to this contract; and,

3) Qualification Information (Qualification Application, Location of Service, and Client Reference Survey Forms) attached as Exhibit “C” to this contract; and,

4) Small Business Enterprise/Diverse Business Enterprise attached as Exhibit “D” to this contract; and,

5) The Qualification Application Update Form attached as Exhibit “E” to this contract; and

6) District Right-of-Way Administrators attached as Exhibit “F” to this contract; and

7) Confirmation of Service form attached as Exhibit “G” to this contract; and

8) Questions and Answers (available after 5/7/2008) attached as Exhibit “H” to this contract.

9) Worker Protection and Investment Certification Form attached as Exhibit "I".

The Commonwealth will notify the Appraiser when this contract is a fully executed contract and the effective dates thereto.

APPRAISER’S SIGNATURE, DATE AND TITLE REQUIRED (IN INK)

CORPORATION:

CHAIRMAN, PRESIDENT, VICE PRESIDENT, X____________________________________________________ __________________________ ______________________________

SR. VICE PRESIDENT, EXEC. VICE PRESIDENT, SIGNATURE DATE TITLE

ASST. VICE PRESIDENT, CEO, OR COO

SOLE PROPRIETORSHIP:

OWNER ONLY: X_____________________________________________________ _________________________ OWNER____________

SIGNATURE DATE TITLE

PARTNERSHIP:

ONE GENERAL PARTNER ONLY: X_____________________________________________________ _________________________ _ GENERAL PARTNER_______

SIGNATURE DATE TITLE

LIMITED LIABILITY COMPANY X_____________________________________________________ _________________________ MEMBER/MANAGER_____

MEMBER OR MANAGER SIGNATURE DATE TITLE

COMMONWEALTH USE ONLY:

1. AGENCY HEAD OR DESIGNEE

X _______________________________________________ ______________

SIGNATURE DATE

2. PENNDOT OFFICE OF CHIEF COUNSEL (Approved as to Legality and Form)

X ________________________________________________ ______________

SIGNATURE DATE

3. OFFICE OF THE COMPTROLLER (Approved as to Fiscal Responsibility, Budgetary Appropriateness and Availability of Funds)

X _______________________________________________ ______________

SIGNATURE DATE

4. GENERAL COUNSEL (Approved as to Legality and Form)

X ________________________________________________ ______________

SIGNATURE DATE

5. ATTORNEY GENERAL (Approved as to Legality and Form)

X _______________________________________________ ______________

SIGNATURE DATE

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EXHIBIT “A”

TERMS AND CONDITIONS

The Department of Transportation (Department) invites you to respond to an Invitation to Qualify (ITQ) to supply appraisal services.

1. GENERAL

(a) Scope. The purpose of this ITQ and resulting contracts with multiple vendors is to qualify appraisers that can provide the Department with appraisal services for the following purposes:

(1) the acquisition of property for transportation purposes;

(2) The sale of property no longer needed for transportation purposes; and,

(3) The lease of property not needed for the free movement of traffic.

(b) Use by other agencies. The Department will require that local public agencies using Federal & State highway funds employ only appraisers that are qualified under this ITQ. Other state agencies may, but are not required to, limit their use of appraisers to those qualified under this ITQ.

(c) Prequalification. The contracts awarded will be structured under the multiple-award contract approach and a prequalified list of appraisers will be developed from which the Department will solicit appraisal services. Appraisers must be on this prequalified list in order to perform appraisal services as described in this ITQ. Each responsible appraiser who meets all mandatory requirements and the qualification criteria of this ITQ will be qualified unless the Department rejects all applications.

(d) Who shall be qualified? If the Appraiser employs one or more qualified appraisers, each appraiser under the Appraiser’s employ shall be individually qualified.

(e) Work not guaranteed. There is no guarantee that the Department will use the Appraiser’s services under the multiple-award contract approach.

(f) Appraisal Problem Analysis. The Department will issue an Appraisal Problem Analysis (APA) to solicit assignments under this Contract. An APA:

(1) Establishes the scope of work and assists the Appraiser in understanding the assignment;

(2) Contains available factual information regarding the property, the claimants, and the effects the project will have on the property; and

(3) Includes specific requirements of the appraisal assignment based on the study and understanding of the appraisal problem by the author of the APA.

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(g) Appraisal assignment categories. Appraisers must complete all required information in the Qualification Application attached as Exhibit “C,” including the specific category or categories of assignment for which the appraisers wish to be qualified, and the counties for which the appraisers are interested in receiving assignments. Qualification will fall into the following two (2) categories of appraisal assignments:

(1) Category 1: All properties with an anticipated residential highest and best use except partial take, residential, where there is significant impact anticipated on the remaining property, requiring a before and after analysis. For example:

(i) Total take, residential, four (4) units or less;

(ii) Total take, vacant unimproved land, with a residential highest and best use.

(iii) Partial take, residential, four (4) units or less, with no anticipated impact on the remaining property.

(iv) Partial take, residential, four (4) units or less, with only minor anticipated impact on the remaining property, requiring a before or after analysis.

(v) Partial take, vacant unimproved land, with a residential highest and best use.

(2) Category 2: All properties with an anticipated non-residential highest and best use plus partial take, residential, where there is significant impact anticipated on the remaining property, requiring a before and after analysis. For example:

(i) Total take non-residential;

(ii) Partial take, non-residential, where there may be a significant impact to the value of the remaining property.

(iii) Unique or special purpose properties where there is little or no market data readily available.

(iv) Situations where the take severely impacts the remaining property and/or where complex cost to cure estimates may be appropriate to determine the impact of the taking; or,

(v) Properties in transition of highest and best use.

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(h) Qualification.

(1) Qualification deadline. The Appraisal Services ITQ was evergreened on April 30, 2019 and has no expiration date.

(2) Qualification update. The Appraiser, through the use of the Qualification Application Update Form attached to this ITQ as Exhibit “E,” may request any of the following actions at any time after contract award.

(i) Qualification into additional category(s) and/or additional county(s);

(ii) Addition of a new appraiser; and

(iii) Transfer of an already-qualified appraiser from one awarded company to another awarded company.

(3) Notification:

(i) It is the responsibility of the Appraiser to report to the Department any changes including, but not limited to:

(A) Name change;

(B) Address change;

(C) E-mail address change;

(D) Telephone number change;

(E) FAX number change; and

(F) Any other changes as listed in Exhibit “E.”

(ii) Exhibit “E” provides very clear instructions for filling out the Qualification Application Update Form. Failure to notify the Department of any changes may result in:

(A) The Department not being able to notify the Appraiser of Department appraisal assignments in a timely manner, if at all; and,

(B) Delayed payment of invoices submitted by the Appraiser.

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2. CONTRACT PERIOD

(a) Anticipated award date.

(1) Effective date. The Department, in writing, will notify the Appraiser of the effective date of the Contract.

(2) Subsequent contracts awarded under this ITQ. The Department will make every effort to award contracts within three months of receipt of an ITQ application. Therefore, it is in the best interest of all appraisers to submit the required information as soon as possible so that they can be qualified to perform appraisals for the Department.

(b) Right to reject, re-advertise or cancel. The Department, pursuant to 62 Pa.

C.S. § 521, reserves the right to reject any or all responses, and to re-advertise or cancel the ITQ or any APA, purchase order (“PO”) or other purchasing document issued under the resulting contract.

(c) Other means of obtaining services. The Department reserves the right to acquire these services separately from this ITQ when it is in the best interest of the Department or the Commonwealth to do so.

3. OPTION TO EXTEND

The Appraisal Services ITQ was evergreened on April 30, 2019 and has no expiration date.

4. EXISTING CONTRACTS

(a) General. Notwithstanding the initiation and implementation of this ITQ process, all existing contracts for appraisal services with the Department shall remain effective, excluding ITQ #353A01 and any POs or other purchasing documents issued under ITQ #353A01, which expired on January 31, 2009.

(1) Exception. POs for appraisal services or litigation services not yet completed under ITQ #353A01 as of January 15, 2009, may be completed under this ITQ if:

(a) The contractor is prequalified under ITQ #357I01 and a new PO is fully executed under this ITQ prior to January 31, 2009; and

(b) The new PO references the old PO under ITQ #353A01.

(b) Litigation services. If services for claims in litigation are required from an Appraiser under an existing contract, but these services were not included in the existing contract, the Department may obtain those services under this ITQ.

5. CHANGES TO THE CONTRACT

(a) Changes not related to scope. The Contracting Officer will issue a change notice to all Appraisers with Contracts issued under this ITQ whenever there is a change to the Contracts not affecting the scope of work. Changes contemplated under this paragraph include:

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(1) Changes mandated by federal or state law or regulations.

(2) Procedural changes.

(3) All other changes not related to scope.

(b) Changes related to scope. Changes that affect the scope of work of Contracts issued under this ITQ shall be effective only upon receipt of a fully executed amendment to the Contract by the Contractor and all Commonwealth signatories who approved the contract.

6. PROTEST PROCEDURE

Those appraisers and potential appraisers who do not qualify for a category of appraisal for which they have requested to be qualified may protest to the Secretary of Transportation in accordance with Section 1711.1 of the Commonwealth Procurement Code (62 Pa. C.S. § 1711.1), and any subsequent amendments thereto.

7. APPRAISER PERFORMANCE

During the contract period, the Department may evaluate Appraisers on each work assignment. Appraisers who perform poor work, do not provide services on time or engage in other unacceptable conduct will be entered into the Commonwealth’s Contractor Responsibility Program (CRP), which may affect the Appraiser’s ability to contract with all Commonwealth agencies. Entries into CRP may be considered in determining whether to exclude an Appraiser from award of assignments under this ITQ and may lead to termination of an Appraiser’s Contract.

8. LIQUIDATED DAMAGES

Time is of the essence in the provision of services under these procedures. The Appraiser, therefore, agrees to pay to the Department as liquidated damages a sum equal to one (1) percent of the amount contracted for under the PO for each working day beyond the designated submission date during which the services have not been satisfactorily completed and submitted. For the purposes of this section, a satisfactory submission is defined as an appraisal document that is acceptable to the Department. The Department will deduct the total amount of liquidated damages, if any, from the amount contracted for under the PO. The Department, upon receipt of the Appraiser’s written request for extension because of factors beyond the control of the Appraiser, may extend, in writing, the date of completion and submission.

9. Disadvantaged Business Enterprise Assurance Provision If the contract under this ITQ is funded with federal funds, the Appraiser shall comply with the following provision (as used in this provision, “contractor” means “Appraiser”):

(a) The contractor, sub recipient, or subcontractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:

(1) Withholding monthly progress payments;

(2) Assessing sanctions;

(3) Liquidated damages; and/or

(4) Disqualifying the contractor from future bidding as non-responsible.

(b) The contractor must include the assurance set forth in subparagraph (a) above in each contract it signs with a subcontractor.

10. SPECIFICATIONS

(a) Conformance with Publication No. 378. Appraisal reports submitted under this contract shall be in conformity with the Department’s most current Publication No.

378, Right-of-Way Manual, and any subsequent revisions or supplements to the manual, which is incorporated into this contract by reference, with generally accepted appraisal practices and procedures, and in compliance with applicable federal, state and local laws and regulations.

(b) Information provided prior to Notice-to-Proceed. Prior to giving the Appraiser a notice-to-proceed, the Department will supply the Appraiser with the deed reference to the property to be appraised, together with a print of the applicable highway plan sheet(s) and other available data, which will aid in defining the boundaries of the property and the extent and nature of the taking.

(c) Appraisal report. The appraisal report will be the property of the Department.

The appraisal and all work papers shall be confidential and shall not be revealed by the Appraiser without the written expressed consent of the Department; nor shall the Appraiser testify relative thereto in any court or other tribunal without such consent unless so ordered by the court or other tribunal.

(d) Litigation services. If a claim for which the assignment is performed becomes subject to litigation, the Appraiser, if so directed by the Department or any of its authorized representatives, shall provide necessary services for litigation, including, but not limited to, updates, revisions, preparation, testimony, and other litigation support. The Department, for services other than updates and revisions, shall pay appraisers and witnesses in accordance with the Department’s approved fee schedule in existence at the time of performance of the duties required.

(e) Appraising other properties on same project. The Appraiser may appraise for and testify for parties other than the Department in other right-of-way damage claims on the same project as that involving the assignment; provided, however, that written notice, including the name of the client, shall be given to the appropriate Department right-of-way administrator no later than ten (10) days prior to such undertaking.

(g) Indemnification.

a. Contractor Obligations. The Appraiser shall indemnify the Commonwealth against all third-party claims, suits, demands, losses, damages, costs, and expenses, including without limitation, litigation expenses, attorneys' fees, and liabilities, arising out of or in connection with any activities performed by the Appraiser or its employees and agents that are related to this contract, as determined by the Commonwealth in its sole discretion.

b. Commonwealth Attorneys Act. The Commonwealth shall provide the Appraiser with prompt notice of any claim or suit of which it learns. Pursuant to the Commonwealth Attorneys Act (71 P.S. Section 732-101, et seq.), the Office of Attorney General (OAG) has the sole authority to represent the Commonwealth in actions brought against the Commonwealth. The OAG may, however, in its sole discretion and under any terms as it deems appropriate, delegate its right of defense. If OAG delegates the defense to the Appraiser, the Commonwealth will cooperate with all reasonable requests of the Appraiser made in the defense of such suits.

c. Settlement. Notwithstanding the above, neither party may enter into a settlement of any claim or suit without the other party's written consent, which will not be unreasonably withheld. The Commonwealth may, in its sole discretion, allow the Appraiser to control the defense and any related settlement negotiations.

(h) Subcontracting. No part of assignments performed under this agreement shall be subcontracted without the prior written consent of the Department. This applies to, but is not limited to, subcontracting to associates working out of the successful Appraiser’s office as an independent contractor. If the Department gives prior written consent, the subcontractor must also be qualified under this ITQ. Written consent for specialty reports necessary to complete an assignment will be given in the APA.

11. CRITERIA FOR QUALIFICATION—Review and Evaluation of Qualification Applications

a. General. To be placed on the list of prequalified appraisers associated with this multiple-award contract, participating appraisers must meet all requirements of this ITQ. Appraisers must be qualified separately for each category to which different qualifications apply, i.e. Category 1 and 2. Appraisers who submit applications which include all information required, including all responses and documentation requested, and meet the mandatory requirements for the category of assignment requested will be qualified. Contracts will be awarded either to the company or partnership in which the qualified Appraiser is employed, the Appraiser if a sole-proprietor, the partnership of which the qualified Appraiser is a partner of, or the member or manager of a limited liability company.

b. Condemnation appraisal assignments. For purposes of this ITQ, condemnation appraisal assignments are those appraisals performed for an entity that has the right to exercise the power of eminent domain.

MANDATORY REQUIREMENTS BY CATEGORY OF APPRAISALS

CATEGORY 1:

Current Pennsylvania appraisal certification (residential or general).

Photocopy of current Pennsylvania certification.

An active e-mail address and capability to conduct e-business.

CATEGORY 2:

Current Pennsylvania appraisal certification (general).

Photocopy of current Pennsylvania certification.

An active e-mail address and capability to conduct e-business.

Minimum of five (5) years real estate appraisal experience as a certified appraiser.

*Have completed five (5) condemnation appraisal assignments in the last five (5) years that meet the requirements of Category 2.

*Provide three (3) client reference surveys relating to condemnation appraisal assignments completed in the last five (5) years (unless written justification is provided as outlined on the following page).

*Achieve an acceptable score, as determined by PennDOT for each of the three (3) client references regarding past performance.

*If you have held the title of Right of Way Administrator I, II, or III, Real Estate Appraisal Reviewer, Real Estate Appraiser Supervisor, or a similar position requiring the supervision of appraisers or review of appraisals, the Department may exempt you from these requirements.

The exempted individual(s) must document an ability and understanding to perform this category of appraisals.

c. Appraisers will not be qualified for any category of work in which they fail to meet these requirements.

*CLIENT REFERENCE SURVEYS

a. General. As part of the response to this ITQ, appraisers requesting qualification for Category 2 assignments are required to submit three (3) client reference surveys. Appraisers must designate the name of the clients who will supply reference surveys on the application included in Exhibit “C,” and must forward to each such client a blank copy of the four- (4)-page client reference survey, with instructions, included in Exhibit “C.” The contents of client jodwilson reference surveys are considered public information and will not be kept confidential.

b. Requirements. The three (3) client reference surveys must comply with the following:

i. The surveys must be from three (3) separate condemnation appraisal assignments completed within the last five (5) years that meet the requirements of Category 2;

ii. Three (3) separate clients must complete the surveys unless written justification is supplied explaining why this cannot be done, e.g. the Appraiser did not complete assignments for more than one or two clients;

iii. If the Appraiser performed a condemnation appraisal assignment for the Department within the last five (5) years that meets the requirements of Category 2, then a Department Engineering District must be one of the clients designated to supply a reference survey;

iv. If the Appraiser performed a condemnation appraisal involving a partial taking within the last five (5) years that meets the requirements of Category 2, one of the assignments for which a client reference survey is supplied must have involved a partial taking; and

v. If the Appraiser performed a condemnation appraisal involving more than one approach to value within the past five (5) years meeting the requirements of Category 2, one of the assignments for which a client reference survey is supplied must have involved more than one approach to value.

c. Same appraisal assignment. Any or all of these criteria may be met by use of the same appraisal assignment e.g., an appraisal meeting the requirements of Category 2 for the Department involving a partial taking and more than one approach to value, or an assignment for another party involving a partial taking and more than one approach to value.

d. Clients must complete surveys independently. Clients must complete client reference surveys independently from the appraiser and return the completed surveys DIRECTLY to the Contracting Officer as listed on the survey form.

Award contingent on receipt of surveys. Client reference surveys MUST BE RECEIVED before the Department’s awarding of a Contract.

Appraisers will not be qualified until the Department receives the mandated client reference surveys. If the Department does not receive the Client Reference Surveys the Appraiser will be evaluated for qualification under the open enrollment process upon receipt of all required information.

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13. PROCEDURES FOR ACQUIRING SERVICES FROM QUALIFIED

APPRAISERS

a. ORDERING PROCEDURES (Appraisal Services anticipated to cost $0 - $10,000.00)

For Appraisal Services anticipated to cost $0—$10,000.00, the Department will prepare an APA. The Department will contact any appraiser from the list of prequalified appraisers under this ITQ who is qualified for the category of appraisal assignment and has expressed an interest in the county where the property is located, or has check marked all counties. If there are no qualified appraisers in the county in which the property is located, the Department reserves the right to solicit interest from a qualified appraiser outside of that county. The Appraiser will submit a quote signed by an authorized representative. The Department will issue a PO or other purchasing document compatible with the Commonwealth’s most current software system providing authorization for work as agreed upon.

b. ORDERING PROCEDURES (Appraisal Services anticipated to cost $5,000.01—$10,000.00)

i. Low Quote Option:

For Appraisal Services anticipated to cost $5,000.01—$10,000.00, the Department may choose to award the contract based upon low quote when the Department determines that it is in its best interest to do so. The Department will prepare an APA and solicit via telephone, FAX or e-mail a minimum of three (3) appraisers from the list of prequalified appraisers under this ITQ who are qualified for the category of appraisal assignment and have indicated an interest in providing appraisal services in the county where the property is located or has check marked all counties. If available, one of the three (3) appraisers shall be a DGS-certified SDB/VBE, if 100% state funded. In counties where there are less than three (3) qualified appraisers, other prequalified appraisers may be invited to submit a quote. The Department may hold a pre-quote meeting, if deemed appropriate. Prequalified appraisers who have been contacted by the Department may submit a quote signed by an authorized representative, within the specified time period. The Department will award to the lowest responsive and responsible appraiser.

OR

ii. Best Value Option:

For Appraisal Services anticipated to cost $5,000.01—$10,000.00, the Department may choose to award the contract based upon best value criteria when the Department determines that it is in its best interest to do

so. The Department will prepare an APA that will include the best value criteria that will be applied and detail what information will be required in the quote. For the purposes of this paragraph (2), “best value” refers to the process of selecting the quote which provides the greatest values to the Department based on evaluating and comparing all pertinent criteria, which may include cost, so that the overall combination which best suits the Department’s needs is selected. Best value criteria may include, but is not limited to, such evaluation criteria as cost, ability to meet the requirements of the APA based upon prior experience with the subject matter of the appraisal, prior experience with the Department in meeting time requirements, prior performance in delivering quality products, and prior performance in litigation. The Department will solicit a minimum of three (3) appraisers from the list of prequalified appraisers under this ITQ who are qualified for the category of appraisal assignment and have indicated an interest in providing appraisal services in the county where the property is located or have check marked all counties. If available, one of the three (3) appraisers shall be a DGS-certified SDB/VBE, if 100% state funded. In counties where there are less than three (3) qualified appraisers, other prequalified appraisers may be invited to submit a quote.

The Department may hold a pre-quote meeting, if deemed appropriate.

Prequalified appraisers who have been contacted by the Department may submit a sealed quote, signed by an authorized representative, within the specified time period. The Department will award to the Appraiser whose quote best meets the Department’s evaluation criteria to provide the needed appraisal service.

c. ORDERING PROCEDURES (Appraisal Services anticipated to cost $10,000.01 and above)

i. Low Quote Option:

For Appraisal Services anticipated to cost $10,000.01 and above, the Department may choose to award the contract based upon low quote when the Department determines that it is in its best interest to do so. The Department will prepare an APA and contact all appraisers from the list of prequalified appraisers under this ITQ who are qualified for the category of appraisal assignment and have indicated an interest in providing appraisal services in the county where the property is located or have check marked all counties. In counties where there are less than five (5) qualified appraisers, other prequalified appraisers may be invited to submit a quote. This contact will be by facsimile transmission or e-mail to determine if appraisers are interested in submitting a quote on the particular assignment. Those appraisers responding to this solicitation of interest indicating an interest in providing a quote on a particular assignment will be forwarded a request for quotes package indicating the specifics of the assignment. The Department may hold a pre-quote meeting, if deemed appropriate. Prequalified appraisers who have been forwarded a package by the Department may submit a sealed quote, signed by an authorized representative, within the specified time period. The Department will award to the lowest responsive and responsible appraiser.

1. If an appraiser fails to submit a quote for three (3) consecutive assignments for which the appraiser has requested a quote package in a particular engineering district, the Department will not notify the appraiser of future assignments in the engineering district. The Department will resume notifying the appraiser of future assignments in the engineering district when the appraiser satisfactorily justifies to the Department, in writing, the reason for seeking packages but not submitting quotes.

OR

ii. Best Value Option:

For Appraisal Services anticipated to cost $10,000.01 and above, the Department may choose to award the contract based upon best value criteria when the Department determines that it is in its best interest to do

so. The Department will prepare an APA that will include the best value criteria that will be applied and detail what information is required in the quote. For the purposes of this paragraph (2), “best value” refers to the process of selecting the quote which provides the greatest values to the Department based on evaluating and comparing all pertinent criteria, which may include cost, so that the overall combination which best suits the Department’s needs is selected. Best value criteria may include, but is not limited to, such evaluation criteria as cost, ability to meet the requirements of the APA based upon prior experience with the subject matter of the appraisal, prior experience with the Department in meeting time requirements, prior performance in delivering quality products, and prior performance in litigation. The Department will contact all appraisers from the list of prequalified appraisers under this ITQ who are qualified for the category of appraisal assignment and have indicated an interest in providing appraisal services in the county where the property is located or have check marked all counties. In counties where there are less than five jodwilson

(5) qualified appraisers, other prequalified appraisers may be invited to submit a quote. This contact will be by facsimile transmission or e-mail to determine if appraisers are interested in submitting a quote on the particular assignment. Those prequalified appraisers responding to this solicitation of interest indicating an interest in providing a quote on a particular assignment will be forwarded a request for quotes package indicating the specifics of the assignment. The Department may hold a pre-quote meeting, if deemed appropriate. Prequalified appraisers who have been forwarded a package by the Department may submit a sealed quote, signed by an authorized representative, within the time period specified. The Department will award to the appraiser whose quote best meets the Department’s evaluation criteria to provide the needed appraisal service.

(i) If an appraiser fails to submit a quote for three (3) consecutive assignments for which the appraiser has requested a quote package in a particular engineering district, the Department will not notify the appraiser of future assignments in the engineering district. The Department will resume notifying the appraiser of future assignments in the engineering district when the appraiser satisfactorily justifies to the Department, in writing, the reason for seeking packages but not submitting quotes.

14. REJECTION OF QUOTES/SUBMISSIONS

The Department reserves the right to reject any and all quotes and submissions received in response to a solicitation.

15. ALTERATION OF ORDERING PROCEDURES

The Department reserves the right to alter this procedure if it becomes too cumbersome and to replace it with another system which allows all approved appraisers an opportunity to submit quotes on assignments. If these procedures change, all qualified appraisers will be notified.

16. REVISIONS, UPDATES, AND SERVICES FOR LITIGATION

a. Award without requesting quotes. The Department may award assignments for revisions, updates, and services for litigation to the Appraiser who previously prepared a fair market value report, without requesting quotes from multiple appraisers, due to the Appraiser’s unique knowledge of the property based on preparing that report.

b. Litigation appraisals and services for litigation. The Department may award appraisals and services required for litigation purposes to a single appraiser, without a request for quotes from multiple appraisers, upon the recommendation of the Office of Chief Counsel.

17. PURCHASE ORDER OR OTHER PURCHASING DOCUMENT

a. Issuance of PO. When the Department has selected an appraiser to perform a specific assignment, the Department will issue a PO, or other purchasing document compatible with the Commonwealth’s most current procurement system, against the Contract to obtain the services.

b. Authority to provide services. This PO or other purchasing document shall constitute authority to furnish the services set forth in the appropriate quote and shall be used in combination with the appropriate quote when invoicing the Department for services provided.

c. Terms of ITQ and APA incorporated. Each PO or other purchasing document shall incorporate the terms and conditions set forth in the ITQ, the APA or other solicitation document.

d. Time extensions. Extensions to the time within which an assignment must be completed and submitted may be granted by written permission of the Department. A change order to the PO or other purchasing document must be entered in the system.

e. Work cannot begin until PO fully executed. An Appraiser shall not begin work without a fully executed PO or other purchasing document in place, except as set forth under Section 26, “Emergency Situations.” The Department will not pay an Appraiser for any services performed without a fully executed PO or other purchasing document in place.

18. EMERGENCY SITUATIONS

a. Emergency process. When an emergency situation occurs which requires the Department to obtain appraisal services immediately, the process shall be as follows:

i. Appropriate Department personnel, via e-mail, will request quotes from at least three (3) Appraisers qualified to perform the assignment;

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ii. Appraisers, via e-mail, shall submit quotes to the appropriate Department personnel;

iii. Appropriate Department personnel will provide the successful Appraiser a verbal notification to proceed to provide the required services; and

iv. The Department, upon receipt and acceptance of the emergency services and receipt of a corresponding invoice, will prepare and process the appropriate document for payment.

b. An emergency exists when:

i. there is a threat to public health, welfare or safety;

ii. circumstances outside the control of the agency creates an urgency of need which does not permit the delay involved in using more formal competitive methods; or

iii. the Governor has declared a state of emergency.

19. INVOICING

In order to facilitate prompt processing and payment of invoices the Appraiser will do the following:

1) Appraiser will furnish a Confirmation of Service Form (Exhibit G) and submit to the office that issued the Purchase Order or other purchase document;

2) Appraiser will furnish an original invoice to the Comptroller’s Office at the address listed on the Purchase Order; and

3) The total cost on the invoice should match the total cost on the Confirmation of Services Form.

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20. INVITATION TO QUALIFY SUBMISSION/DUE DATE

a. Initial deadline. The initial submission deadline for this ITQ is 4:30 PM, June 18, 2008. It is in the best interest of all appraisers to submit the required information by the initial submission date in order to qualify for the full contract period.

b. All other applications. Additional qualification applications will be accepted after June 18, 2008, and the Department will make every effort to process additional qualification applications within 90 days after receipt.

c. Response Delivery Location. Responses MUST be delivered or mailed to the Bureau of Office Services, 5th Floor Information Desk at the Department's Commonwealth Keystone Building offices. To be considered for work during the initial enrollment period, all required documentation must be received at the address below no later than 4:30 PM, June 18, 2008.

Responses being sent through the mail are to be addressed as follows:

Bureau of Office Services (ITQ #357I01) PA Department of Transportation Attn: Jodi Wilson Commonwealth Keystone Building, 400 North Street—5th Floor Harrisburg, PA 17120-0041

21. INSTRUCTIONS FOR COMPLETION OF APPLICATION SUBMISSION:

Applicants are to follow the instructions for completion ofapplication submission below.

a. General. Your submitted response must be completed on the documents provided and must include the completed ITQ Signature Page, Exhibit “C” (Qualification Application, Category the Appraiser is applying for and Location of Service sheet), and Exhibit I (Worker Protection and Investment Certification Form). ALL Exhibits, except for Exhibit “D” and Exhibit “E,” must also be returned. Use Exhibit “E” only to make changes once an Appraiser is awarded a contract. Make a copy of all documents for your records.

b. Print or type information. Except for signatures, please print legibly or type all required information.

c. Errors. The Appraiser’s authorized signatory must initial and date any error made while completing information.

d. Altering of forms or exhibits prohibited. Do not alter the form or its exhibits. Adding anything other than information specifically required by the Department may be interpreted as an Appraiser "conditioning" the ITQ which may cause the ITQ to be rejected by the Department.

22. HOW TO COMPLETE THE ITQ SIGNATURE SHEET:

a. Signature. The Appraiser's signature shall be in ink. If any information is handwritten or changed in any manner, the Appraiser’s authorized signatory must date and initial where indicated on the ITQ Signature Page.

b. Full name and address. Complete the Company Name and Address. If sole proprietorship doing business as (d/b/a) or trading as (t/a) another name, indicate such, for example:

John Q. Brown d/b/a or t/a Brown's Appraisal Service

c. Additional requirements. Indicate whether or not you are a Disadvantaged Enterprise certified by PennDOT or a Small Diverse Business (SDB) or Veteran Business Entity (VBE) certified with the State of Pennsylvania.

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Complete the Appraiser’s Contact Person, Phone Number, FAX Number, Federal Identification Number or Social Security Number, Required E-Mail Address, Vendor Number, and the Appraiser's signature blocks.

i. An appraiser cannot provide both a Federal Identification number and a Social Security Number.

1. Use of a social security number or a federal identification number depends on which number is used to file income taxes.

ii. If applicable, provide information regarding disadvantaged business enterprise and/or SDB/VBE status.

d. Appropriate signatures required. The ITQ may be rejected if not signed by an individual(s) authorized to contractually bind the organization.

i. For Corporations: Chairman, President, Vice President, Senior Vice President, Executive Vice President, Assistant Vice President, CEO, or

COO.

ii. For Partnerships: General Partner.

(i) If general partner is a corporation, then follow directions for corporations.

(ii) If general partner is a limited liability company, then follow the directions for Limited Liability Company.

iii. For Sole Proprietorships: Owner.

iv. Limited Liability Company: Member or a Manager.

e. Delegation of signature authority. If signature authority has been delegated by any of the above principals to another person, a copy of the delegation signed by the required principal delegating that signature authority to that specific individual must be provided prior to execution of the contract. For a corporation, the delegation document must be either a resolution of the board of directors or delegation provided by corporate by-laws.

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23. INQUIRIES:

Appraisers are to direct all questions (technical and/or administrative) to the Contracting Officer listed on the Cover Page of this ITQ. All written questions received by 4:30 PM, April 30, 2008, will be answered in writing and mailed to all Appraisers receiving an ITQ package. Appraisers are encouraged to review this entire package and forward questions prior to the time and date stated above to be qualified during the initial enrollment period. Please include your name, telephone number, fax number and company name (if applicable) in the event clarification on any question submitted is required. After April 30, 2008, questions are to be directed to the Contracting Officer, or his designee or successor. This person must be the sole point of contact for all questions. Directing questions or discussing this ITQ with any other Department employee may jeopardize the status of your qualification.

Table of Contents

SAP

SECTION-1-CON

1.1 RFP-005.1 Type of Contract (Oct 2006)

1.2 CONTRACT-001.1a Contract Terms and Conditions (Nov 30 2006)

1.3 CONTRACT-002.1d Term of Contract – Contract (March 2007)

1.4 CONTRACT-002.3 Extension of Contract Term (Nov 30 2006)

1.5 CONTRACT-003.1B Signatures – Contract - Stand Alone (July 2015)

1.6 CONTRACT-004.1a Definitions (Oct 2013)

1.7 CONTRACT-004.2 Defintions (February 2024)

1.8 CONTRACT-005.1b Agency Purchase Orders (Oct 2013)

1.9 CONTRACT-006.1 Independent Prime Contractor (Oct 2006)

1.10 CONTRACT-007.01b Delivery of Services (Nov 30 2006)

1.11 CONTRACT-007.02 Estimated Quantities (Nov 30 2006)

1.12 CONTRACT-008.1a Warranty (Oct 2006)

1.13 CONTRACT-009.1c Patent, Copyright, and Trademark Indemnity (Oct 2013)

1.14 CONTRACT-009.1d Ownership Rights (Oct 2006)

1.15 CONTRACT-010.1a Acceptance (Oct 2006)

1.16 CONTRACT-011.1a Compliance With Law (Oct 2006)

1.17 CONTRACT-013.1 Environmental Provisions (Oct 2006)

1.18 CONTRACT-014.1 Post-Consumer Recycled Content (June 2016)

1.19 CONTRACT-014.3 Recycled Content Enforcement (Feb 2009)

1.20 CONTRACT-015.1A Compensation/Expenses (May 2008)

1.21 CONTRACT-015.2 Billing Requirements (July 2021)

1.22 CONTRACT-016.1 Payment (Oct 2006)

1.23 CONTRACT-016.2 Automated Clearing House (ACH) Payments (February 2024)

1.24 CONTRACT-017.1 Taxes (Dec 5 2006)

1.25 CONTRACT-018.1 Assignment of Antitrust Claims (Oct 2006)

1.26 CONTRACT-019.1 Indemnification (February 2024)

1.27 CONTRACT-020.1 Audit Provisions (Oct 2006)

1.28 CONTRACT-021.1 Default (Oct 2013)

1.29 CONTRACT-022.1 Force Majeure (Oct 2006)

1.30 CONTRACT-023.1a Termination Provisions (Oct 2013)

1.31 CONTRACT-024.1 Contract Controversies (Oct 2011)

1.32 CONTRACT-025.1 Assignability and Subcontracting (Oct 2013)

1.33 CONTRACT-026.1 Other Contractors (Oct 2006)

1.34 CONTRACT-027.1 Nondiscrimination/Sexual Harassment (February 2024)

1.35 CONTRACT-028.1 Contractor Integrity (February 2024)

1.36 CONTRACT-029.1 Contractor Responsibility (February 2024)

1.37 CONTRACT-029.2 Offset (February 2024)

1.38 CONTRACT-030.1 Americans with Disabilities Act (February 2024)

1.39 CONTRACT-032.1 Covenant Against Contingent Fees (Oct 2006)

1.40 CONTRACT-033.1 Applicable Law and Forum (February 2024)

1.41 CONTRACT-034.1c Integration – Contract (Nov 30 2006)

1.42 CONTRACT-034.3 Controlling Terms and Conditions (Aug 2011)

1.43 CONTRACT-035.1a Changes (Oct 2006)

1.44 CONTRACT-036.1 Background Checks (January 2023)

1.45 CONTRACT-037.1a Confidentiality (Oct 2013)

1.46 CONTRACT-051.1 Notice (Dec 2006)

1.47 CONTRACT-052.1 Right to Know Law (February 2024)

1.48 CONTRACT-053.1 Enhanced Minimum Wage Provisions (February 2024)

1.49 CONTRACT-054.1 Worker Protection and Investment (February 2024)

1.50 CONTRACT-055.1 Data Breach or Loss (February 2024)

CONTRACT - STANDARD TERMS and CONDITIONS

1.1 RFP-005.1 Type of Contract (Oct 2006)

It is proposed that if the Issuing Office enters into a contract as a result of this RFP, it will be a contract containing the Contract Terms and Conditions as shown in Part V of this RFP. The Issuing Office, in its sole discretion, may undertake negotiations with Offerors whose proposals, in the judgment of the Issuing Office, show them to be qualified, responsible and capable of performing the Project.

1.2 CONTRACT-001.1a Contract Terms and Conditions (Nov 30 2006)

The Contract with the selected offeror (who shall become the "Contractor") shall include the…