Attachment__3_AVC_Realty_IDIQ_PWS_Final.docx

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AVC Land Acquisition Support Services IDIQ

PERFORMANCE WORK STATEMENT

ARKANSAS VALLEY CONDUIT

LAND ACQUISITION SUPPORT SERVICES

INDEFINITE DELIVERY INDEFINITE QUANTITY CONTRACT

1.0 INTRODUCTION

1.1 OBJECTIVE

The objective of this Performance Work Statement (PWS) is to acquire contractor services via a set of Multiple Award Indefinite Delivery Indefinite Quantity (IDIQ) contracts to support Federal land acquisitions for construction of the Arkansas Valley Conduit (AVC) Project. These contracts will include realty services to facilitate and provide all compliance materials, documentation, negotiations, closing, and file close-out activities for the acquisition of land and/or interests therein in accordance with Federal Regulations, Bureau of Reclamation (Reclamation) Policy, and Reclamation Directives and Standards (D&S).

1.2 BACKGROUND

Reclamation is the largest wholesaler of water in the country. Reclamation brings water to more than 31 million people and provides one out of five western farmers with irrigation water for 10 million acres of farmland that produce 60% of the nation's vegetables and 25% of its fruits and nuts.

The AVC is a major infrastructure project that upon completion will convey a reliable municipal and industrial water supply from Pueblo Reservoir to 40 communities serving a projected future population of 50,000 people in southeastern Colorado. The service area includes water providers in Bent, Crowley, Kiowa, Otero, Prowers, and Pueblo counties. When completed, the AVC will supply as much as 7,500 acre-feet annually to these communities.

These areas are dependent on groundwater supplies that are in many cases contaminated by naturally occurring radionuclides such as radium and uranium, or by direct influence of surface water that contains harmful microorganisms and pollutants. These communities increasingly face expensive alternative remedies such as reverse-osmosis, ion exchange, filtration, and bottled water. A reliable source of clean, safe water is needed for the area’s health and welfare.

More information on Reclamation and the AVC Project can be found online at www.usbr.gov and www.usbr.gov/gp/ecao/avc/.

Work performed under this contract shall be coordinated with the AVC Project Realty Team. This includes the local Reclamation office (Loveland, Colorado), the Regional Reclamation Office (Billings, Montana), Rocky Mountain Solicitors Office Field Office (Billings, Montana), and the Department of the Interior (DOI) Appraisal and Valuations Services Office (AVSO, Lakewood, Colorado).

This PWS includes the creation and/or obtaining of multiple realty services to complete land acquisitions. Work that is expressly not included in this PWS are inherently Federal Government functions, including the decision-making regarding acceptability of encumbrances to title, acceptance of final negotiation positions and disbursement of Federal funds, acceptability of purchase contract terms and conditions, and final decisions to acquire real estate or interests therein. All documents and correspondences must be approved by Reclamation and as applicable the DOI Solicitors Office prior to being sent to private parties. The Contractor will be working as a representative of Reclamation and will be part of the land acquisition team facilitating the land acquisition program and its needs.

2.0 TASK ORDERS

2.1 The specific requirements for the services to be provided by the Contractor will be described in detail in the PWS of the individual Task Orders (TOs). TOs are anticipated to be competed and issued as Firm Fixed Price (FFP) or FFP with Economic Price Adjustment (EPA), but in the event the number of hours or level of effort is not able to be defined with any certainty, a Labor Hour/Time and Material (LH/TM) TO may be issued.

2.2 Individual TOs will identify the tasks applicable to that TO and the parcels, rights-of-way (ROWs), and/or easements covered under that TO. The tasks may be any combination of the tasks identified and described in Section 4 of this PWS.

2.3 The Contractor is responsible for performing the services and providing any deliverables as stipulated in the PWS for the TO as well as requirements outlined in this PWS as applicable.

2.4 Contractor Internal Management: The Contractor shall provide internal management of its own personnel and resources to accomplish the services as specified in the PWS within the price and schedule as stipulated in the TO.

2.5 All work shall be performed by personnel having professional realty skills and experience in the required field as specified in this PWS and the individual TO.

3.0 REFERENCES

The following list of documents/standards are required for the successful performance of these contracts and resultant TOs, full understanding and compliance with the following items are expected:

https://www.usbr.gov/recman/lnd/lnd-p06.PDF

https://www.usbr.gov/recman/lnd/lnd05-01.PDF

https://www.usbr.gov/recman/lnd/lnd06-01.PDF

https://www.usbr.gov/recman/lnd/lnd09-01.PDF

https://www.usbr.gov/recman/fin/fin07-22.PDF

https://www.doi.gov/sites/doi.gov/files/elips/documents/600%20DM%205%20-%2011-21-14%20signed.PDF

https://www.justice.gov/file/408306/download

https://www.justice.gov/enrd/page/file/922431/download

https://www.doi.gov/sites/doi.gov/files/elips/documents/chapter_2_real_property_pre-acquisition_assessments_environmental_due_diligence.docx

https://www.astm.org/Standards/E1527.htm

https://www.astm.org/Standards/E2247.htm

https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter61&edition=prelim

NOTE: This document is still in draft status and is provided for reference only except where directly referenced as a requirement.

4.0 TASKS

4.1 TASKS SUMMARY

The following table lists the tasks included in this contract. Each TO will identify parcels, ROWs, and/or easements and which of the following tasks apply to each. See section 3.3 for specific requirements and details for each task.

4.2 LIST OF MILESTONES

Where applicable, the Contractor shall track and report the following milestones for each acquisition:

Planning and Regulatory Activities:

· Permission to Enter Property (PTEP)

· Initial Certificates of Inspection (CIP) and Landowner Contact

· Legal Land Description (LLD) and Survey

· Valuation

· Pre-Acquisition Title Evidence

· Pre-Acquisition Environmental Site Assessment (PA-ESA)

· Administrative Determination (AD) to Acquire

· Offer of Just Compensation

· Negotiations

· Purchase Agreement

· Pre-Acquisition Package Development

· Pre-Acquisition Title Opinion

· Title Curative Actions

Acquisition Activities:

Post-Acquisition Activities:

4.3 SPECIFIC TASK REQUIREMENTS

The following sections contain specific requirements for each task. These include prerequisites required to begin each task, the estimated time to complete each task, Government-furnished materials (GFM) applicable to each task, and Contractor deliverables required for each task.

4.3.1 TASK #1: Coordinate and Obtain PTE for Properties and Public ROWs

· Parcel map.

· Description of anticipated activities to occur on parcel.

Reclamation staff and contractors/representatives will require access to private and public property and public ROW to perform various AVC-related activities. PTEs may have been obtained previously for some properties. However, these may have expired, and the Contractor is responsible for ensuring valid PTEs are maintained until the required land acquisitions or permitting are completed and the PTE is no longer required. Figure 3-3 in the AVC Draft Land Acquisition Plan depicts the required PTE workflow.

· Existing PTE documents shall be renewed 90 days prior to expiration.

· Contractor shall confirm land, easement, and ROW owner contact information from Reclamation maps and records based on project corridor, from official county or state ownership maps and tax records, and from other miscellaneous sources.

· Owners are defined as those persons or entities so designated as the property owner(s) for taxation purposes and last deed of record on official county or state records.

· On behalf of Reclamation, the Contractor shall send an approved letter in Contractor-provided addressed envelopes, parcel map, explanations of anticipated activities, and PTE template form to all owners and lessees that have been identified.

· If no response has been received in two (2) weeks, Contractor shall send a second letter with delivery receipt notification.

· If no response has been received in two (2) additional weeks, Contractor shall attempt to contact landowner by phone using phone book review and/or contacting local economic development staff.

· If unable to contact by phone, the Contractor shall perform an on-site visit in coordination with Reclamation staff. Approval from the COR will be required prior to Contractor performing any on-site visits.

· The Contractor shall provide Reclamation with landowner signed PTE forms/parcel maps, and details of any additional property owner or lessee concerns.

· The Contractor shall coordinate property entry schedules with Reclamation and others working on the behalf of Reclamation in support of the AVC project for all properties in scope of this contract.

· All Contractor-received or generated information shall be made available to Reclamation in searchable electronic format and upon request by paper copy. All documents shall be formatted as appropriate for legibility in standard letter, legal, 11-inch by 17-inch, or ANSI/ASME Y14.1 Size D formats.

4.3.2 TASK #2: Initial CIP, including Landowner Contact

· PTE property or ROW as applicable.

· Project Fact Sheet

· Federal Land Acquisition Fact Sheet

· Q&A Fact Sheet

This task is for properties that are initially identified as needing to be acquired in part or in whole. As part of this landowner contact, a mCIP will be completed. Main items the mCIP shall document are the landowners support for the project, any concerns the landowner may have, rights the landowner has, occupants of the property, document the condition of the land within the ROW or proposed acquisition including any foliage, fences, and personal property that may have to be relocated.

· Contractor shall ensure landowners are adequately informed and educated on the federal land acquisitions process, landowners’ rights, and condemnation authority where applicable. This shall include providing landowners with, at a minimum, the Project Fact Sheet, Federal Land Acquisition Fact Sheet, and Q&A Fact Sheet.

· These contacts shall be done parcel by parcel with the landowners. The goal is to educate the landowner about the project, the process, and their rights. Contractor shall document any landowner concerns and subjective description of the landowner’s perceived support or opposition to the project.

· A walk of the ROW or proposed acquisition shall be completed to visually inspect the area and document its character/condition.

· Contractor shall provide landowner information on timeline and expectations including possible future contacts from surveyors, appraisers, and environmental professionals.

4.3.3 TASK #3: LLDs, Surveys, and Map Exhibits

· Parcel identifications and areas for acquisition.

· Scanned digital copies (in PDF format) of all completed surveys, map exhibits and LLDs.

· All LLDs, surveys, and map exhibits shall meet the standards and requirements defined in DOI 600 DM 5, shall be sealed, and signed by a Certified Federal Surveyor (CFedS), and be acceptable to be recorded in the county records.

· The map exhibits shall meet the State of Colorado’s requirements for map exhibits and shall be stamped and signed by a Public Land Survey System Surveyor.

· For ROW acquisitions, the alignment and desired ROW width will be provided to create the map exhibits and LLDs.

· For Fee Parcel acquisitions a Geographic Information System (GIS) shapefile of approximant area to be acquired will be provided to create the surveys and LLDs. The property will need to have a certificate of survey filed with the county of location and be recorded.

· Additional requirements for surveys are contained in the AVC Draft Land Acquisition Plan under Chapter 4, “Survey Plan”.

4.3.4 TASK #4: Valuation

· Parcel identifications and areas for acquisition.

· Completed appraisals in PDF format (as well as two paper copies) to AVSO to facilitate AVSO in completing a Review Report authorizing use of the appraisal.

DOI requires the use of the Department’s AVSO. The Contractor will develop a PWS for each appraisal needed and once approved by AVSO, perform or sub-contract out the appraisals with required approvals from AVSO. Upon receipt of the completed appraisal, AVSO will develop Appraisal Review Reports and approval of the values for Reclamation’s use.

· All appraisals will be prepared consistent with the following requirements:

· Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute, which fully incorporate the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation.

· Regulations found in 49 CFR Section 24.102, the “Yellow Book”.

· Direction provided in Reclamation Manual D&S, Real Property Appraisal (LND 05-01).

· To ensure the appraiser and the property owner are readily aware of the location of property or easements to be acquired, all such parcels shall be field staked by the surveyor (provided the owner has granted permission to enter the property), and an on-site inspection conducted by the appraiser. The owner shall be afforded the opportunity to attend such inspection.

· This task may be subcontracted only with approval from AVSO.

· Develop parcel specific PWS’ to be reviewed and approved by AVSO.

· Complete appraisals based on the AVSO approved PWS, and AVSO’s review.

· This information shall remain confidential and not to be released.

4.3.5 TASK #5: Pre-Acquisition Title Evidence

· CIP, including all copies of encumbrances and/or referenced documents including Certificate of Survey (COS), within two (2) weeks of valuations being approved by AVSO. All documents shall be provided in PDF format. If a mortgage or lien is identified a curing document must be provided by the mortgage/lien owner (i.e. Consent or waiver).

Title Evidence is governed by the Attorney General Title Regulations. Two types of evidence are needed: Evidence of Record and Evidence Not of Record. Evidence of Record is to be furnished as a Title Insurance Commitment in accordance with the Title Regulations. Evidence Not of Record must be a CIP in accordance with the Title Regulations.

· Evidence of Record shall allow for updates to ensure no changes prior to closing.

· The title company shall provide a title insurance commitment for the ALTA US Policy 9-28-91 (revised 12-3-12).

· Evidence Not of Record shall be documented on the provided CIP template.

· CIPs expire after six (6) months and may require updating to ensure a valid CIP is available at closing. Contractor shall ensure a valid CIP is in place at closing.

· Any identified mortgages, or tax liens shall have a Consent document executed by lender.

4.3.6 TASK #6: Pre-Acquisition Environmental Site Assessment (PA-ESA)

· LLD and map exhibit.

· PA-ESAs shall be completed in accordance with DOI 602 DM 2 and in compliance with All Appropriate Inquiry (AAI) practices, unless a deviation is explicitly approved by the COR.

· PA-ESAs expire after one (1) year and may require updating to ensure a valid PA-ESA is available at closing. Contractor shall ensure a valid PA-ESA is in place at closing.

· An Environmental Professional (as defined in ASTM Standards) shall oversee work completed under this task.

· One report can cover all properties or individual reports completed for each property.

· Contractor shall review the final product to ensure inclusion of all lands as appropriate.

· Final product shall be a Phase One Environmental Assessment meeting ASTM Standard E1527-13 or E2247-16 and shall include an opinion as outlined in Section 12.6.1, a conclusion as outlined in Section 12.8, and a recommendation for further analysis as outlined in Section 12.9.

4.3.7 TASK #7: Draft Administrative Determination (AD) to Acquire

· Completion of all title evidence compliance materials.

The Authorized Official will need to sign the AD to acquire the parcel. The Authorized Official is an employee of the Federal Government with specific delegated authority to sign this document. This determination will document acceptable title exceptions and any other restrictions on the negotiation process.

· This document shall be drafted by the Contractor, and any changes or addendums as requested by the Solicitors may need to be made before and/or after Pre-Acquisition Title Opinion (PTO) is issued.

· The COR will provide the Contractor with the necessary information on the specific individual who will serve as the Authorized Official.

· The AD shall be specific to a parcel and free of misspelled words or incorrect references.

4.3.8 TASK #8: Draft and Make Offer of Just Compensation

· Purchase Agreement template in MS Word format.

· Other suggested formats available in the Draft Land Acquisition Plan and Appendices.

This is the formal written offer to the landowner and begins the negotiation process. This written offer must be reviewed and approved by the Solicitors Office and is subject to a valid Title Opinion from the Solicitors Office.

· The initial offer shall be at the appraised value. Landowners shall receive a written offer (purchase agreement) and reasonable time to consider the offer.

· This letter must include a summary statement in accordance with 49 CFR 24.102(e).

· An Initial Offer to Acquire shall be presented to the owner or the owner’s representative, preferably in person or by certified mail or commercial courier with written delivery confirmation. The initial offer shall include (as applicable) the following documents:

· Offer letter.

· Summary Statement of Just Compensation.

· Land Purchase Contract.

· Warranty Deed.

· Permanent Easement Agreement.

· Temporary Easement Agreement.

· Title Evidence/Commitment detailing requirements to insure title, only when there is a title issue requiring the landowner to address.

· Tenant Release of Interest in real property acquired.

· Damage Waiver and Release.

· Crop Damage Appraisal Form.

· Plan Sheet showing the location of the taking.

· Federal Land Acquisition brochure explaining acquisition program.

· Financial Business Management System (FBMS) Customer Request Form (for electronic payment) if the closing will not be conducted by a title company.

· Self-addressed, postage prepaid return envelope.

· The foregoing documents must have sufficient information so the owner can make a reasonable judgment concerning the offer amount. The following is the minimum information that shall be included in said documents.

· Amount established as just compensation, including a written explanation of the basis for the offer and, if applicable, the amount of damages and/or benefits to the remainder. Compensation offered for the real property to be acquired and for damages to the remaining real property shall be separately stated.

· A description and location identifying the real property and interest in the real property being acquired. The description shall include both legal descriptions and graphical representation that is understandable to the owner.

· Identification of buildings, structures, chattel and other improvements (including removable buildings, equipment and trade fixtures) considered to be part of the real property to be acquired. Where appropriate, the statement shall identify any separately held ownership interest in the property, (e.g. a tenant-owned improvement), and indicate that such interest is not covered by the offer.

4.3.9 TASK #9: Negotiations

· Initial offer completed.

Negotiations are based on an approved negotiation strategy by Reclamation. Reclamation shall approve increments/conditions that the negotiator can work within. Negotiation shall follow the requirements found in the Uniform Act. Negotiation can be completed by a third party; however, any negotiator must have written permission from Reclamation’s Regional Realty Officer providing approval to negotiate on behalf of Reclamation.

· Each offer shall be written, and the landowner must be provided reasonable time to consider the offer.

· A report of negotiation shall be completed and include all contacts made to landowner and narratives of the contacts.

4.3.10 TASK #10: Draft and Receive Grantor Signature on Purchase Agreement

· Negotiations completed.

· Report of Negotiations.

This is the agreement between the landowner and the United States documenting the final purchase price. This can be facilitated by a third party.

· A Purchase Agreement shall be drafted and signed by both parties.

· Once the Purchase Agreement is fully executed, a copy shall be provided to the landowner.

4.3.11 TASK #11: Pre-Acquisition Package Development

· Signed Purchase Agreement.

This task is creating the acquisition package. It is to be completed parcel by parcel and must be reviewed and signed by Reclamation. Each parcel shall be individually compiled, using a provided cover letter template.

· Contractor shall draft the cover letter to the Solicitors Office and compile all necessary attachments.

4.3.12 TASK #12: Pre-Acquisition (Preliminary) Title Opinion (PTO)

· PTO issued from Solicitors Office.

The PTO will be issued by the DOI Solicitors office in Billings, MT. Current workloads estimate a PTO takes approximately two months once submitted by the Area Office to the Regional Office.

· The Solicitors Office will issue the PTO.

· The Solicitors Objections and Requirements must be reviewed, and curative actions planned and completed as necessary.

4.3.13 TASK #13: Title Curative Action Planning

· Negotiating and drafting master crossing agreements with common utilities for Reclamation review and approval.

This task includes the planning of any action needed to cure objections in the title that may interfere with the United States’ use. If required, this shall include the planning of relocating utilities.

· Preferably master crossing agreements and/or relocation agreements will be negotiated for common utility providers.

· The Government’s preference is for paying utility company to move their own assets.

4.3.14 TASK #14: Closing

· Original recorded acquisition document and original Title Insurance Policy with a PDF copy of both.

This task includes payment (could be through title company), the recording of the acquisition document, and the issuance of the Title Insurance Policy.

· Upon completing any necessary work to cure title, finalizing the transaction is needed.

· Contractor shall provide closing instructions to the title company or closing agent.

· Payment of the actual price shall be provided to closing company ahead of closing. This must be coordinated through Reclamation and can take up to 45 days to process.

· The closing agent can facilitate the signing of the easement/deeds, the county recording, and the acquisition of the Title Insurance Policy (if different contractor).

· Contractor shall ensure Reclamation receives the original recorded document and the original title policy.

4.3.15 TASK #15: Process Relocations (if required)

· Completion of Task #13 (Title-Curative Action Planning).

This task includes the actions needed to cure objections in the title that may interfere with the United States’ use.

4.3.16 TASK #16: Post-Acquisition (Final) Package Development

Must complete all prior activities before this point. This task involves compiling all the necessary documents to the designated Reclamation Official and to request a Post-Acquisition (Final) Title Opinion (FTO) from the Solicitors Office. Each parcel shall be individually compiled using a cover letter template.

· Contractor shall draft the cover letter to the Solicitors Office and compile all necessary attachments.

4.3.17 TASK #17: Post-Acquisition (Final) Title Opinion (FTO)

The FTO will be issued by the DOI Solicitors office in Billings, MT. Current workloads estimate an FTO takes approximately four months once submitted by the Area Office to the Regional Office.

· The Solicitors will review the FTO package and issue the FTO.

· The Solicitors Advisories must be reviewed curative actions planned as necessary.

4.3.18 TASK #18: File Close-Out

This task is the final close out of the acquisition file. Once any corrections are completed and the United States holds valid title, the parcels file is complete. Contractor shall submit the final report of the completed acquisition. The close out also provides the final costs of each acquisition broken down by task.

· Report to include time spent on each acquisition and all costs associated with each parcel.

5.0 PERFORMANCE REQUIREMENTS SUMMARY

Valid and current PTE documents.

PTE documentation is kept up to date in searchable database – 90% of changes are reflected in database within three (3) working days of change. 100% of changes are reflected in database within ten (10) working days of change.

90% of existing PTE documents are renewed at least 90 days prior to expiration. 100% of existing PTE documents are renewed prior to expiration. Landowner denials of PTEs will not count against this metric.

6.0 DATA AND REPORTS

(3.3.2)

(3.3.3)

(3.3.4)

(3.3.4)

(3.3.5)

(3.3.5)

(3.3.6)

(3.3.7)

(3.3.8)

(3.3.8)

(3.3.9, 3.3.10)

(3.3.10)

(3.3.11)

(bookmarked) Emailed to COR and available to download from searchable database within four (4) weeks of purchase agreement signing.

(3.3.12)

(3.3.13)

(3.3.14)

(3.3.14)

(3.3.14)

(3.3.15)

(3.3.16)

(bookmarked) Emailed to COR and available to download from searchable database within two (2) weeks of commencing this task for each acquisition.

(3.3.17)

(3.3.18)

7.0 DELIVERABLES

The contractor shall submit the following reports in accordance with Section 5.0 of this PWS:

7.1 REPORT OF OFFER (Item #11)

This report is to document and notify Reclamation of all offers that are presented to landowners on Reclamation’s behalf. The report must include at minimum: the date of the offer, the offer amount, the method of offer, any materials provided, any initial reactions, any concerns presented, and a summary of the conversation. This report will become part of the official acquisition file.

7.2 REPORT OF NEGOTIATIONS (Item #12)

This report is to document and notify Reclamation of all subsequent offers that are presented to landowners on Reclamation’s behalf. The report must include at minimum: the date of the offer, the offer amount, the method of offer, any materials provided, any initial reactions, any concerns presented, a summary of the conversation, and a synopsis of all previous rejected offers containing the same information. The reports shall be able to track all previous offers and when analyzed with other report of negotiations of other parcels, identify best practices that effectively communicated the offers as well as resulted in an acceptance of offers.

7.3 FINAL REPORT OF ACQUISITION (Item #23)

This report is to document and notify Reclamation of all costs associated with all acquisitions and the time spent on the acquisitions. Reclamation Manual D&S FIN 07-22 requires all costs be broken down by job codes and allocated into correct asset shells within the DOI’s accounting software. For each acquisition there is potential for up to seven different job numbers that may have costs allocated within them. The report should identify the acquisition with pertinent information, the final cost of the property (Hard Costs) and all costs associated with acquisition (Soft Costs). Reclamation will provide unique asset numbers for each acquisitions cost that must be used to track the corresponding costs. The report shall also include the overall time from start of acquisition (beginning with Task 2) until closing is complete (Task 14) and final report of acquisition issued (Task 18). The report shall also document employee time associated with tasks. This report will fulfill Reclamation’s required data reporting for land acquisitions, create a baseline for acquisition activities and a baseline of costs associated with each acquisition.

Attachment 1 – Acronyms & Abbreviations