Att 1 - Performance Work Statement.docx

Performance Work Statement Appraisals and Appraisal Services, USDA Forest Service, Eastern Region

1. Description of Agreement:

This is a non-personal services multiple award Blanket Purchase Agreement (BPA) providing for the placement of blanket purchase agreement calls (BPA calls) for appraisal and appraisal services as described below:

1.1. Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items required to perform appraisals and appraisal services as defined in the performance work statement (PWS) in each individual BPA call except for those items specified as government furnished property and services. The contractor shall perform to the standards in this blanket purchase agreement and individual BPA calls. Work efforts and subsequent documentation shall be in accordance with the requirements contained in the BPA and PWS of each BPA call. The Contractor shall obey all laws, rules and regulations of the United States; and applicable State and local governments having jurisdiction over the activities conducted under this BPA. The contractor shall be responsible for determining which laws, rules and regulations apply to a particular task. The Contractor shall be responsible for obtaining and maintaining any registration or certification as required by the various Federal, State, and Local regulatory agencies, along with any other registrations, certifications, licenses, permits, warrants, permissions or other credentials required to perform under the BPA. By signing this BPA, the Contractor agrees that each provided appraisal shall conform to the Uniform Standards of Professional Appraisal Practice (USPAP), Uniform Appraisal Standards for Federal Land Acquisition (UASFLA), and Agency requirements for each appraisal as applicable. Written and oral products ordered are narrative Appraisal Reports under the current versions of USPAP and UASFLA and other appraisal services which will be defined in the PWS of each individual BPA call.

1.2. Scope: The contractor shall provide appraisals and appraisal services for properties located within the geographic area of the BPA.

The work will be performed in support of the United States Department of Agriculture (USDA). Appraisals and Appraisal Services are generally used in support of real property acquisitions, disposal, leasing, exchanges, or administrative planning. Typical property types include but are not limited to: a wide variety of developed and undeveloped land such as industrial, commercial, retail, office, agricultural, residential, or special use; land containing merchantable timber; land leases, fractional interests such as minerals or surface/subsurface rights, partial acquisitions requiring estimates of damages or special benefits to the remainder, leases of Government managed land and facilities, conservation and other various types of easements, communications towers/sites, contaminated properties, linear rights-of-way such as access or utilities; recreational cabins, special use fees. Assignments in remote locations and/or areas of limited data are common.

Appraisals and Appraisal Services

The contractor shall perform real estate appraisals and appraisal services and may prepare narrative appraisal reports which will be reviewed by the Government for compliance with standards outlined in this BPA and the PWS contained in each BPA call. Appraisal reports will most commonly be prepared in compliance with Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA aka Yellow Book) and Uniform Standards of Professional Appraisal Practice (USPAP).

REVIEW AND ACCEPTANCE OF REPORTS: Appraisal Reports shall be due within the period of performance indicated in the BPA call and will be reviewed for compliance with the terms of the PWS in the BPA call, Agency policy, and applicable appraisal standards. Findings of inadequacy, if any, will require clarification and/or correction before acceptance and invoice payment is made.

Each appraisal report shall be accepted as written if it substantially conforms to the instruction in the PWS and contains a well-reasoned and adequately supported opinion of value. The appraisal shall be rejected if it lacks adequate supporting data or appraisal analysis or is not responsive to the basic requirements of the assignment.

Revisions to the report resulting from the Government’s review, or the contract appraiser's failure to comply with the PWS, will not be construed or interpreted in any way as a change to the scope of this blanket purchase agreement or the BPA call. The contract appraiser shall provide report revisions in response to review or due to minor changes or factual errors at no extra charge.

1.3. Blanket Purchase Agreement Period of Performance:

1. The effective date for this Blanket Purchase Agreement (BPA) is the date of award and will continue for a term of five (5) years.

2. Awarded rates shall be effective through the performance period of the Blanket Purchase Agreement.

3. The vendor shall furnish the services only as requested by Ordering Officials during the period specified.

The BPA may be terminated in accordance with clause 52.212-4 and under any of the following circumstances:

a. By either party with 30 days written notice.

In the event of termination, delivery or performance of outstanding orders may continue for a period of 60 days, after which time any remaining items will be considered cancelled.

b. When the Contractor fails to abide by the terms and conditions of the BPA, including, but not limited to:

i. Accepts order but routinely fails to deliver on time.

ii. Fails to offer the government pricing within the daily rates of their BPA;

c. When the Contractor consistently provides poor service.

d. If the Contractor files fraudulent claims.

e. If the Contractor demonstrates improper business practices or personal conflicts of interest.

f. If the Contractor offers kickbacks or favors to Government employees in exchange for business.

1.4. General Information

1.4.1 Quality Control : The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. After acceptance of the quality control plan the contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change to his QC system.

1.4.2 Quality Assurance: The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.4.3 Government Holidays: The contractor is not required to perform services on the following holidays.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Independence Day Christmas Day

1.4.4 Hours of Operation: The contractor may contact the BPA call Technical POC between the hours of 8:00am and 4:00pm, central time, Monday thru Friday, except Federal Holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

The Technical POC for this BPA is:

William J. Crawford, MAI, AI-GRS USDA Forest Service R9 Regional Appraiser, 626 East Wisconsin Avenue, Suite 600 Milwaukee, WI 53202 William.crawford@usda.gov, 414-297-3181

The technical POC is not authorized to change any of the terms and conditions of this agreement. The technical POC for each call may vary.

1.4.5 Place of Performance: The work to be performed under this contract will be performed at the appraiser’s place of business and for each appraisal assignment, key personnel shall personally make a site visit to the subject property and all comparables relied upon for market comparison unless an exception is approved in writing by the responsible government Appraiser.

1.4.6 Type of Contract: The blanket purchase agreement shall be awarded based upon daily rates. All individual calls shall be Firm Fixed Price for the specific project.

1.4.7 Special Qualifications: Appraisers must be State Certified General in a state in the geographical area of the BPA and preferably hold a professional designation from the Appraisal Institute or an Appraisal Foundation Sponsor Organization.

1.4.8 Pre/Post Award Conference/Periodic Progress Meetings: If required, they will be addressed in the PWS associated with each individual call.

1.4.9 Contracting Officer Representative (COR): The COR monitors all technical aspects of the contract and assists in contract administration. A letter of designation will be issued to the COR for each individual BPA call. A copy of the designation will be sent to the contractor. The designation states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of this agreement.

1.4.10 Contractor Key Personnel: The following personnel are considered key personnel by the Government: The appraiser holding the Certified General Appraisal License as indicated in the vendors Technical Proposal. Key personnel shall sign each appraisal report, visit each property, make personal verification, and visit each comparable property used in UASFLA compliant appraisal reports unless agreed upon in advance and in writing by the responsible government appraiser, USDA Forest Service Regional Appraiser, or USDA Forest Service Chief Appraiser. Qualifications and state certification number of the key personnel shall be submitted in response to this solicitation. No substitutions of key personnel are permitted.

1.4.11 Contractor Travel : Any anticipated non-local travel will be addressed at the call level.

1.4.12 Data Rights: The Government has unlimited rights to all documents/material produced under this blanket purchase agreement and any resulting BPA calls. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.5. Government Furnished Items and Services:

1.5.1 Government furnished items and services will be defined in each BPA call.

1.6 Contractor Furnished Items and Responsibilities:

1.6.1 General: Appraisal reports for each BPA call shall be delivered in accordance with the PWS in the BPA call. Electronic copies shall be delivered to the government Point of Contact (POC) stated in the PWS of the BPA call. Unless otherwise stated in the PWS for the BPA call, bound hard copies shall be delivered to: USDA, Forest Service, R9 Regional Appraiser, 626 East Wisconsin Avenue, Suite 600, Milwaukee WI 53202

1.8 Applicable Publications (Current Editions)

1.8.1 The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. All appraisals will be prepared in conformance with the appropriate edition of the Uniform Standards of Professional Appraisal Practice (USPAP), Uniform Appraisal Standards for Federal Land Acquisition (UASFLA), and current Agency guidelines. In the event there is a conflict in requirements, those of AGENCY or UASFLA will prevail and the appraiser may invoke jurisdictional exception.

TECHNICAL EXHIBIT 1

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success. Each individual blanket purchase agreement call will contain a deliverable schedule.

Performance Requirements Summary - call level – Appraisals and Related Services

Performance Objective Standard

Performance Threshold

Method of Surveillance

Perform in accordance with PWS for each individual Call

standard 100% Inspection and review

The contractor shall provide the requested appraisal service in the agreed upon format and within the agreed upon timeframe for each individual call.

and review.

If required, the contractor shall respond to review comments within the required timeframe for each individual call.

The contractor responded and provided any needed corrections and revisions within the required timeframe.

Corrections were made by due date 100% of the time.

100% Inspection and review.

Quality Assurance If the minimum acceptable quality level is not met within the individual call, revisions will be provided at no additional cost to the government or the work will be rejected and no payment made. The government may deduct up to 5% of the fee per day for late submittals.