S01 12FPC120Q0073 MARKET ANALYSIS LA.pdf

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United States Department of Agriculture (USDA) Areawide Market Analysis Statement of Work and Specifications

Natural Resources Conservation Service Agricultural Conservation Easement Program (ACEP)

Wetland Reserve Easements (WRE)

LOUSIANA

FOR SOLICITATION INFORMATION: Kris Baker kristina.baker@usda.gov

OFFER DUE DATE/LOCAL TIME: September 3, 2020 3:00 PM CST

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A Solicitation/Contract Form

A.1 SF 1449

A. 2 Department/Agency

A.2.1 United States Department of Agriculture (USDA)

Natural Resources Conservation Service (NRCS)

A.3 Contracting Office

A.3.1 Farm Production and Conservation - Business Center Acquisition and Procurement Division Section 1 - Operations Branch

A.4 Contracting Officer

A.4.1 Kris Baker, email: kristina.baker@usda.gov

A.4.2 Any USDA FPAC BC Contracting Officer can act on this contract should the need arise.

A.4.3 A Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. Only the contracting officer has authority to: (1) increase or decrease the award amount; (2) direct or negotiate any changes; (3) modify or extend the period of performance; (4) change the schedule of completion; (5) authorize payment under this order; (6) otherwise modify any terms or conditions of this Contract.

A.5 Program Office

A.5.1 USDA Natural Resources Conservation Service (NRCS) Lousiana State Offices

A.5.2 Point of Contact: To Be Provided Upon Award

A.5.3 The program office point of contact will act as the liaison to coordinate activities between the Contractor and Contracting Officer, as required, in the performance of the work under this contract. They have the authority to provide technical clarification of the contract requirements but does not have the authority to modify any contract provisions, including, without limitation, changing the scope of work, the cost/price thereof, or the performance delivery schedule(s) therefore. Technical clarification will be issued in writing within 5 (five) calendar days after verbal issuance.

End of Section

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B SF 1449 Services/Supplies and Prices/Costs

B.1 Contract Type

B.1.1 Purchase Order

B.1.2 Fixed Price

B.2 Pricing

B.2.1 The fixed price for this award is $____________. (To be provided upon award)

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C Statement of Work

• GENERAL INFORMATION

1. The United States of America, acting through the United States Department of Agriculture’s Natural Resources Conservation Service (NRCS), is considering purchasing conservation easements to assist the landowners in restoring, protecting, and enhancing wetlands on eligible land through the Agricultural Conservation Easement Program (ACEP) Wetland Reserve Easement Component (ACEP-WRE).

2. All Areawide Market Analyses (AWMA) completed for ACEP-WRE must comply with instructions provided by NRCS:

i. Identifies the easement program ACEP-WRE and provides reference to the appropriate market areas and land uses specific to the easement program.

ii. The NRCS State Conservationist will propose market area(s) and land uses in the exhibits referenced in subparagraph D1a. i.

3. NRCS may request a market trend analysis report for an existing AWMA report.

i. Identifies the assignment requesting a market trend analysis for a specific AWMA report with an effective and report date.

ii. Market trend analysis report can be completed for the original AWMA report.

4. NRCS national appraiser resolves questions that arise from these specifications. Contact Elizabeth Hoyt, NRCS State Office, Easement Program Specialist, (318) 473-7991, elizabeth.hoyt@usda.gov, for additional information.

5. Delivery of the AWMA will be approved by the State.

6. The national appraiser will review and provide final approval of the AWMA or market trend analysis report. Corrections and additions may be required for the final approval.

7. Client is NRCS

8. These specifications apply to a new AWMA, or the market trend analysis report. Market trend analysis report refer to subparagraph M., Market Trend Analysis Report, for additional guidance.

• Qualifications of Vendor

1. The vendor must be a State-certified general (SCG) real property appraiser or obtain a temporary practice permit equal to State-certified general real property appraiser in compliance with title XI of the Financial Institution’s Reform, Recovery and Enforcement Act of 1989 (FIRREA) in the State or States where the AWMA is conducted.

2. The vendor must be in good standing with the licensing authority where the credential was issued, and not the recipient of disciplinary action within the past 5 years from the licensing authority.

3. The vendor must have demonstrated competency in compliance with Uniform Standards of Professional Appraisal Practices (USPAP) in conducting AWMAs of rural and agricultural properties of the requested type.

• Purpose of the Area Wide Market Analysis

1. The purpose of the AWMA is to provide the fair market value (FMV) of the land for the land use types typically enrolled in ACEP-WRE easement program in the market areas identified by NRCS:

i. The purpose of ACEP-WRE is to protect, restore, and enhance the functions and values of wetland ecosystems and lands enrolled are farmed or converted wetlands, former or degraded wetlands, agricultural lands that altered by flooding or soil saturation and water table elevation as a result of offsite or subsurface hydrologic changes, riparian areas, or conservation reserve program (CRP) lands. Previously restored lands and adjacent lands are also included in the areas enrolled in

ACEP- WRE.

2. FMVs are provided for each market area and land use on a per-acre basis.

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3. FMVs are used to determine the FMV of an ACEP-WRE by multiplying the values by the acres of each land use in the ACEP-WRE project.

• Information Provided by NRCS to the Vendor

1. The NRCS will provide:

i. State map showing the market areas to be analyzed:

1. Regions or counties with similar land uses

2. Boundaries of each market area

ii. Land uses in each market area requiring opinion of typical market value:

1. Identify the land uses typically enrolled in ACEP-WRE.

2. Define what is included in each land use category be as descriptive as possible to adequately define the land uses to be analyzed.

iii. Map of potentially eligible ACEP-WRE areas.

iv. The vendor must determine if the market areas and land uses are representative of the market areas found when analyzing the market sales data. If market area and land uses are not representative of the market areas found the vendor shall notify NRCS and the contracting officer in writing that modification to the assignment are necessary. The Vendor will meet with NRCS to discuss Vendor’s recommendations.

• Meeting with Client

1. The Vendor will coordinate or be available for a meeting with the client to:

2. Discuss their market research, market area, and land use recommendations when the vendor does not find sufficient sales data for the market area and land use.

i. The expansion of sales market area.

ii. The vendor should discuss any market conditions, levee restrictions, encumbrances, or access issues that are not typical for the market that may restrict their market analysis.

3. After completion of market research and the development of the draft AWMA report meet with the client to discuss their findings and report. The meeting should be scheduled within 14 days after providing the client with the draft AWMA report.

4. After completion of a market trend analysis report to discuss the findings and the final analysis. The vendor should provide an opportunity for meeting to allow the client an opportunity to discuss the report.

5. Even after initial acceptance of the AWMA or market trend analysis report by NRCS, the vendor will be available to discuss any corrections that the National Appraiser requires for final acceptance of the report.

• Quality of Work

1. The AWMA market analysis report:

i. Must be clear, accurate, complete and must meet NRCS’s intent to determine the fair market value of land typically enrolled in ACEP-WRE. The market analysis will meet USPAP compliance and must be conducted and reported in compliance with USPAP.

ii. The vendor must select comparable properties that represent the land use types that are typically enrolled in ACEP-WRE.

iii. The vendor must adjust value for property differences and conduct a current analysis of the competitive market.

iv. At NRCS’s discretion a contract reviewer may review the AWMA report.

2. The AWMA market trend analysis report:

i. Must be clear, accurate, and complete and must meet NRCS’s intent to consider the market trend of the fair market value of land typically enrolled in ACEP-WRE as described by the referenced

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AWMA report.

ii. The vendor must select comparable properties that represent the land use types within the appropriate AWMA market areas that are consistent with the original AWMA report.

iii. Describe the market trend as stable, increasing or decreasing.

iv. For increasing or decreasing market include a time adjustment factor (TAF) supported by market area and if appropriate, by land use.

• Selection of Comparable Properties

1. Choose sufficient comparable sales from the entire market area being analyzed that include land uses typically enrolled in ACEP-WRE that would typically be eligible land types.

2. Property rights: Fee simple.

3. Do not include sales far above or far below the average, as any divergence likely has valid reasons.

4. Use comparable sales that are current, based on sales activity in the market area being analyzed. Use sales no older than 18 months unless the market activity is limited, and a longer time period is required:

i. Sales older than 18 months but less than or equal to 24 months may be used if limited sales are available with adequate written justification to support the sales search beyond 18 months old.

ii. Concurrence by the contracting officer or the national appraiser is required before using sales older than 24 months:

1. Request to use sales beyond 24 months old must be submitted in writing with adequate justification of the market research and the number of sales that may be available beyond 24 months old.

i. Request and authorization will be referenced in the report and documentation provided in the Addendum.

5. Use similar property types as much as possible.

6. Ensure comparable sales are in fact arm’s length transactions.

7. Provide sufficient data on the comparable sales to support the conclusions of value.

8. If the analysis of the comparable properties indicates the land use category is too broad or too narrow, contact the contracting officer and provide suggestions for changes to the land use category.

Example: Land Use – Cropland – Low-lying cropland and prime cropland indicate a wide range in value; suggest that the land use category of “Cropland” be changed to two categories – “Low-Lying Cropland” and “Prime Cropland.”

9. If sufficient sales are not available for a market region or land use to provide a supported, typical market value the vendor will not establish a value and will recommend changes. The consideration of floodplain hazard zone or area, i.e. long a river, may define a market area to obtain sufficient sales data. These changes can include combining similar regions or land uses to provide for the sales needed to arrive at a supported, typical market value. The NRCS State Office and national appraiser should be consulted.

10. If in the process of collecting and identifying comparable properties, sales of properties encumbered by conservation easements are found, provide the sales data on the encumbered properties in a separate section of the analysis. This data will assist NRCS in establishing the geographic area rate caps.

• Adjust Value for Property Differences

1. When comparing similar properties to the typically enrolled ACEP-WRE property, there are always differences. Adjust comparable properties for differences:

i. Add or subtract value for differences in size.

ii. Add or subtract value for feature differences, such as soil quality, water supply, etc.

iii. Add or subtract value for location differences, including access.

2. Look at financing differences that could have influenced sale price. Seller financing can sometimes result in a higher price paid for a property than its true value.

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• Conduct a Current Analysis of the Competitive Market

1. Sold Properties:

i. Sold properties represent actual comparable sales.

ii. Sales data should be within the last 18 months.

2. Active Listings:

i. Active listings are properties currently for sale.

ii. These listings matter only to the extent that they indicate the competition for buyers.

iii. They are not indicative of market value. Sellers can ask any price they want for their property; it does not mean the prices are realistic. The vendor may use these to support values higher or lower than the value the sold properties indicates.

• Market Area

1. The market area to be considered will be specified by NRCS and provided to the SCG real property appraiser.

2. The market area must contain properties that represent the land use types that are typically enrolled in ACEP-WRE.

3. Contact the client and/or the contracting officer if:

i. The market analysis indicates the market areas provided are inconsistent with the data and suggest modifications to the market areas.

ii. There is insufficient data available to conclude typical values for the market area or land uses and suggest modifications to the market area or land uses.

Note: The national appraiser may be consulted for guidance in changes to land use or market areas.

4. For each easement program, a minimum of 10 sales representing each land use in each market area are needed to effectively establish a typical market value:

i. Puritan sales are preferred.

ii. Sales with majority land use with other land categories. There may be sales data that the land use is the major portion of the property and value is extracted. In these circumstances the methodology used to extract value will be discussed and percentages or allocations will be supported and illustrated how the allocation was determined by market area. This is commonly known as a ratio analysis. The use of ratio analysis must be authorized by the national appraiser.

5. Values for a market area and land uses cannot be determined using data from other market areas.

This indicates that changes are needed for the market area or land use. Contact the client or contracting officer to recommend changes or request assistance in arriving at acceptable changes to the market areas or land uses. Ratio analysis or extraction methodology is not sufficient for determining a typical market value.

6. It may be appropriate to identify a market area by flood plain zone(s) and a long river in order to adequately consider market conditions, obtain sales data or to use ratio analysis if authorized. If the vendor believes that it is appropriate to modify the market area the vendor should contact the client to discuss the recommended changes. The national appraiser should be contacted and included in the discussion with the client:

i. The scope of work and market area analysis will document the recommendation and changes authorized by the client.

ii. The written authorization will be documented in the addendum of the report.

7. Sales data market may need to be expanded across state or municipality boundary, geological barrier or water ways to find sufficient sales data. In this case, refer to subparagraph J 8, Expansion of Sales Data Market Area for further guidance.

• Other Considerations

1. Land Use, Land Quality, Soils, and Topography:

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i. The land uses and soil types to be considered must be comparable to land typically enrolled in NRCS easement programs for ACEP-WRE

ii. These are predominately level, low-lying areas of cropland but may also include areas of pastureland, wet meadows, and woodland.

iii. Land use should be split into two Land Categories with a market analysis valuation determined for each category in each market area.

Land Categories:

a. Agricultural Land: Includes comparable properties of Cropland, Pastureland, Hayland, and conservation reserve program (CRP) land that is currently enrolled in CRP or have expired from CRP within five years. May include incidental woodland within the Agricultural land parcel.

b. Other Land: Includes comparable properties of Woodland parcels, CRP land that has been expired for more than five years, and other areas of non- agricultural permanent cover (i.e. emergent marsh, brush/shrubs, trees, etc.).

iv. A map of potentially eligible ACEP-WRE areas (based upon soil drainage class, flooding, or both) is provided.

2. Improvements:

i. Do not include the value of improvements, such as homes, sheds, fences, barns, etc.

3. Levee Protection:

i. Where significant, separate values must be developed for land behind protection levees (river side) and protected by levee. Puritan sales should be used if possible.

ii. Easements associated with a levee should be considered.

iii. Insufficient sales are available, or it may be appropriate to expand sales data market area refer to subparagraph J 8, Expansion of Sales Data Market Area for further guidance.

4. Existing Easements:

i. Do not use sales data from lands under existing easements as comparable sales.

ii. The exception would be subparagraph J 3, Levee Protection, if an existing easement is typical for the market area that the market recognizes the sales may be used as a comparable sale but identified in the sales data that the easement exists. Provide adequate explanation and support conclusion that the easement is recognized by the market as typical. Typical easement must be described in the market area analysis section with a subsection heading regarding market conditions.

iii. If any are identified, the data should be provided in a separate part of the report.

5. Access:

i. Sales data with public access will be used.

ii. If the market area recognizes non-public access as typical for the market the sale may be used but identified in the sales data that access is not public and fully explained. Explanation should provide at a minimum; type of access, ownership of access, distance that the market recognizes as typical and other supportive information. Provide adequate explanation to support the conclusion that the non-public access is recognized by the market area. Access must be described in the market area analysis section with a subsection heading regarding market conditions.

6. Development Pressure

7. Highest and Best Use

8. Expansion of Sales Data Market Area:

i. Sales data market refers to the real estate market that the sales data would be available in a typical market condition.

ii. The sales data market may need to be expanded across state or municipality boundary, geographical barrier or water way to find sufficient sales data. In this case, the national appraiser should be contacted to obtain written approval. Typical scenario that might require the expansion of the sales market area is that the real estate market area may expand across state boundary or other municipality boundary, geological barrier or water way.

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iii. The vendor will notify the client to request the sales data market area change and provide explanation of the change in the sales data market area and justification. The request will address the following:

1. Illustrate or describe the proposed sales data market area in relation to the NRCS market area.

2. Provide an explanation why the change in the NRCS market area would not be appropriate or practical.

3. Discuss the sales data that would be available by land use that would assist in supporting the land use AWMA value.

iv. If authorized, the reason and justification will be discussed in the scope of work in addition to:

1. The discussion of the sales data research to find sales near the levee.

2. The reasoning to expand the sales data market area to obtain sales beyond state boundary.

3. A map of the expanded sales data market area boundaries with a label that the real estate market area was for sales data research. The map will be included in the addendum of the report.

4. The appropriate market area analysis will discuss the sales and/or ratio analysis were applied in the analysis.

5. Authorization will be provided in the addendum of the report.

• Presentation of Areawide Market Analysis Report

The AWMA report will be delivered to NRCS in a draft and final format. The draft report will allow NRCS the opportunity to review the findings and conclusions prior to the delivery of the final report. The vendor will provide an opportunity for a meeting to review and discuss the draft report. NRCS will notify the vendor of the acceptance of the draft report:

a. The vendor will provide the final report within 10 business days upon notification of the acceptance of the draft report.

b. The NRCS may require revisions to the draft report with the notification of acceptance.

The report will:

1. Be presented in a neat, easy-to-read format, free of grammatical and clerical mistakes.

2. Contain a separate section for each of the easement programs identified in the AWMA Assignment form provided with the contact assignment.

3. Become the property of the United States and may be used for any legal and proper purpose.

Therefore, a condition that limits the distribution of the report is not permitted.

4. Comply with USPAP.

The AWMA report is considered an appraisal practice. Vendor should review Advisory Opinion (AO) 21.

At a minimum the assignment should be prepared in compliance with Standard Rule 1 and 2, Real Property Appraisal, Development and Reporting to support all opinions and conclusions. The report will be prepared in accordance with Standard Rule 2-2 (a) as appropriate.

5. Be presented with enough narrative so that the supporting documentation for the analysis can be reviewed and critiqued.

6. Include:

i. Table of Content listing all major sections of the report

ii. Report date.

iii. Fiscal year that the report will apply.

iv. Report Type: (New).

v. Effective date of the report.

This should be the most recent sales date or the date that analysis was competed. Report date can be different from effective date. Effective date of the report will not change if report is updated or amended unless new sales data is provided. In this circumstance it will be noted that the effective

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date was changed and describe the reason for the change.

7. Provide a summary of salient of fact for each easement program that follows the table of content that provides:

i. Heading: Summary of Salient of Fact for NRCS Easement Program

ii. Date of Analysis

iii. Date range of data analyzed including the maximum months

iv. In a table format for each market area and by land use:

a. Table will be sorted by alphabetical order by market area, counties (county(ies), borough or parish will be listed in alphabetical order within the column) and then land use.

b. Date range of the sales data for the market area

c. Number of Sales within 18 months and if applicable number of sales between 18 – 24 months and sales > 24 months

d. Number of Listings within 18 months and if applicable number of sales between 18 – 24 months and sales > 24 months

e. County(ies), borough or parish within the market area

f. Sales acre range (minimum and maximum)

g. Range of sale price per acre

h. Average price per acre

i. Median price per acre

j. Concluded price per acre

k. Brief explanation of typical market and list typical characteristics that were considered or may reference “market conditions exist see the market area analysis market conditions section”. In this case reference the page.

l. Exception authorized (an exception will be any exception to the specifications that were authorized by NRCS or contracting officer).

8. Provide a scope of work that will adequately describe the information that was provided by NRCS for the assignment, any changes to the market areas and/or land uses, the easement program that applies, description of land use that the market would recognize typical for the NRCS program, description of typical sales that meet the criteria for the program, market restrictions that were considered and any other information that would be required by USPAP standards.

9. Provide map of state with market area boundaries adequately labeled and clearly identifying market boundaries and areas not included in the analysis.

i. Identifying counties, borough or parish boundaries with label.

10. Provide a description of the social, physical, and economic characteristics of the specified market areas.

11. Provide a thorough description of each land use category that a representative value is provided.

12. Describe the land uses included in the land use category. For example, if land use category is “non-crop pasture and pasture like,” describe the typical market area land use categories the vendor used or associated with this land use category:

13. Provide a descriptive narrative describing the valuation of Conservation Reserve Program (CRP) properties under the land category of Agricultural Land and how CRP land should be classified and valued.

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14. Each market area, including statewide, if applicable, will be described as a section in the report, reflected in the TOC and adequately providing:

i. A map outlining the market area boundary that includes counties, borough or parish:

a. If authorized, and the sales data market area was expanded outside the market area boundary the sales data market boundary will be illustrated on the map.

ii. Describe the typical market conditions, characteristics and influences including the consideration of wetland and flood plain area differences and possible influence in value consideration.

iii. Sales considered, number used, typical market acreage range and size and type:

a. Land categories shall be described in the context of the NRCS land use name.

iv. Land use value(s) discussed and if ratio analysis or allocation was applied to sales with multiple land uses (sale must have the land use as the major portion of land) the allocation methodology will be discussed, percentages supported and explain how the percentage or ratio was determined for the market area.

v. AWMA land use value with a summary that at a minimum provides the high, low and average supported statically:

a. Value conclusions should be at or near the statistical average unless supported by another statistical methodology that is approved by the national appraiser:

1. Request and authorization to use analysis methodology will be documented in the addendum of the report.

b. Value must be supported by market evidence with at least 10 sales and cannot be determined by a ratio analysis or extraction methodology only.

c. The per acre conclusions for each market region and land use are used by NRCS to calculate the fair market value of various size easement projects. The vendor must determine the range of size in acres, that the values continue to provide a supported fair market value such that:

1. Range of size in acres will be by market area unless the market supports a statewide acre range. If this is the case, adequate explanation to support a statewide acre range will be provided in the analysis.

2. The acre range will be supported by statistical sales data for the market area unless the market supports a different range and an adequate explanation and justification will be provided in the analysis.

3. The vendor may recommend a separate value for projects outside the supported acre range if there is enough data to support the value.

4. If enough data is not available to support values outside the acre range, the vendor must indicate that appraisals are needed for projects that are outside the acre range.

vi. Discussion of analysis of data and opinions and conclusions

vii. Sales data to support value conclusions.

15. Provide an Addendum that includes:

i. NRCS instructions

ii. NRCS applicable specifications and scope of work

iii. Request(s) and authorization documentation (authorizations must be discussed in the scope of work section of the report.)

iv. Copy of SCG license

v. Resume: competency, experience and education

vi. Sales table: Identified for each easement program:

a. All sales data used to support conclusions of typical value must be provided in a table format in the addendum to the report. A single header at the top of the table will be provided. Table header format and organization will be consistent in all data sets:

1. The minimum information for the sales data will include identifying name or number for the sale, market area, (county, borough or parish) in the market area, sale date, total acres, sale price, sale price per acre, allocated land value, land use, land use acres, land use value per acre, location and unique characteristic.

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2. Location:

i. Location will be provided for all sales data except for:

1. If the sale information is considered confidential and the location cannot be provided than the information provided will be “Confidential.”

2. There must be at least 8 sales with location for each market area and land use.

Use of confidentially should be rare not the rule.

ii. Longitude and latitude are the preferred location description and will be described by degree, minutes, seconds and direction.

Example: Latitude: 40°42'51"N and Longitude 74°0’31”W. Decimal decree would be Latitude 40.714 and Longitude -74.006.

The data provided in the sales table will be expressed as decimal decree and a separate column for latitude and longitude. Most mapping software provides latitude and longitude.

iii. If longitude and latitude is not available, the physical address of the property may be provided in the latitude column.

3. Unique characteristic is any unique characteristic that is associated with the sale i.e.

access, easement, etc. The characteristic should be described by one to two words (i.e.

non-public access, easement, etc.) and constituently used in the data set

4. Additional information may also be provided. The identifying name or number may be generated by the vendor if there is concern of confidentiality agreements with the suppliers of the sales data.

vii. Any documentation to support any modification to the AWMA assignment.

16. The spreadsheet file is used by the national appraiser to analyze the sales data. The spreadsheet file will be included with the deliverable that can be imported to Microsoft Excel application that provides the sales data in a table format for each market area. The data set(s) will provide at a minimum the same information as described in subparagraph L. 14. f., Sales table .

• Market Trend Analysis Report

The AWMA assignment includes the vendor to provide a market trend analysis report. The vendor will provide three (3) market trend analysis reports that are associated with the original AWMA report that is accepted by NRCS.

The market trend analysis will research the market area to determine if there has been a change in value to comparable sales that are like or used in the original AWMA report. The sale market period will be from the effective date of the AWMA report to most recent sales available when the market trend analysis is provided to the NRCS.

The vendor will perform market trend analysis and provide an acceptable report to the NRCS within:

1. Six (6) months from the effective date of the original report.

2. Twelve (12) months from the effective date of the original report.

3. Eighteen (18) months from the effective date of the original report.

The market trend analysis report will provide:

i. Explanation and statement as to the current market trend as stable, increasing or decreasing by market area, market area and land use or statewide.

ii. An effective date of the analysis will be based on the most current sale date

iii. Consider each market area and if appropriate, land use as described by the original AWMA report.

iv. Explanation of the market activity and scope of work considered to analyze the market.

v. If the market trend is decreasing, an extracted time adjustment factor (TAF) should be calculated

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and the TAF should be for either:

a. Market area and land use,

b. Market area, or

c. Statewide.

The preferred reporting of the market trend analysis is by market area and land use.

The vendor will provide a TAF if an appropriate valuation methodology would consider a time adjustment.

TAF will be described as a percentage adjustment with applicable period; monthly or annually. The TAF will be used to adjust the AWMA values for land use as provided in the original AWMA report.

vi. The market trend analysis report will:

a. Be a letter format with signature, summary and subsection to support conclusion.

b. Title, “Supplement AWMA Report for AWMA Report for Fiscal Year ###, Market Trend Analysis.”

c. Describe the original AWMA report applicable fiscal year, effective date of analysis and report date.

d. The summary and the analysis will provide the following information:

1. A summary that will include market analysis trend conclusion (stable, increasing or decreasing) and TAF by market area, market area and land use or statewide. If TAF is not appropriate must state, the reason why a TAF could not be determined.

2. Description of the scope of work, the market analyzed, methodology of analysis, market trends and any other important market factors.

3. Sales that were analyzed providing the number of sales, sales period, described market area and if appropriate land use, discussion of the exposure time for the market and the extraction of the time adjustment.

4. TAF must be supported by sales data and describe how the TAF was determined and sales used to extract the TAF.

The trend analysis report may be provided to NRCS as a draft and final report. It is recommended that a draft is provided to NRCS if the vendor has not previously provided a trend analysis report to the specific State. This would provide an opportunity for NRCS to provide input regarding the report prior to the final report. The vendor will clarify the need for a draft market trend analysis report with the client during the meeting with NRCS upon award or after award of the contract.

• Report Review

1. All AWMA reports are subject to a USPAP review ordered by NRCS and conducted for compliance with AWMA assignment instructions, USPAP, specifications and scope of work prior to acceptance by NRCS.

2. NRCS may order a USPAP review.

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3. The review appraiser is not assigned to the AWMA report until it is received. The NRCS national appraiser is available to answer questions or advise the appraiser.

4. The review appraiser may contact the vendor for clarification and minor corrections.

5. The AWMA report will be returned to NRCS if significant changes are necessary requiring a new report.

The review appraiser will provide a review report approving the report or not approving the report and identifying the corrections or additions needed.

6. The review appraiser will be available to the vendor to assist in obtaining an acceptable AWMA report.

• Deliverables

1. The draft and final AWMA report and trend analysis report and supporting documentation are the deliverables for this assignment.

2. The final AWMA report will include:

i. An electronic spreadsheet of all the sales data found in the addendum of the report, which will be used by the national appraiser in analyzing the AWMA. This file must meet the requirements described in subparagraph L. 15. f., Sales table and be unlocked to allow for various electronic analyses.

3. The draft and final trend analysis report for:

i. Sixth month report

ii. Twelfth month report

iii. Eighteen month report

4. Additional supporting documentation determined necessary by the national appraiser or program manager.

All deliverables will provide two (2) hardcopies and one (1) digital copy. Digital copy will be in a portable document format, PDF, and may be locked but must allow comments; highlight and insertion of comments. All deliverables will be mailed to:

USDA-NRCS

ATTN: Elizabeth Hoyt elizabeth.hoyt@usda.gov 3737 Government Street Alexandria, LA 71302

• Acceptance of Report

1. NRCS may accept the AWMA or Market Trend Analysis report and provide payment to the vendor.

2. The national appraiser may request changes to any report after acceptance by NRCS if the conclusions and opinions are not adequately supported, NRCS specifications are not adequately met to provide a value for each of the land uses and within the described market area. The national appraiser determines final acceptance.

• Conflict of Interest

An independent, qualified professional will not analyze a property for a spouse, child, partner, or business associate or have a financial interest in the property to be covered by the proposed easement.

PAGE 15 OF 43 MARKET ANALYSIS - LA

• Nondisclosure

1. Work performance required by this statement of work will involve access to potentially sensitive information about governmental and landowner issues.

2. All contractor personnel must comply with the terms of AGAR 452.224-70, “Confidentiality of Information,” as well as provisions of the Privacy Act of 1974 (5 U.S.C. Sec. 552a).

3. Additionally, the contractor’s employees must comply with privacy of personal information relating to NRCS programs in accordance with section 1244 of the Food Security Act of 1985, as amended (16 U.S.C.

Sec. 3844), and information protected under section 1619 of the Food, Conservation, and Energy Act of 2008 (Public Law 110- 246), 7 U.S.C. Section 8791.

• Civil Rights and Program Delivery

The contractor must ensure that its personnel prohibit discrimination in all aspects of programs and activities related to the contract on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, or marital or family status.

• Exhibits

1. ACEP-WRE land use definition

2. ACEP-WRE market area definitions and map

3. ACEP-WRE map of potentially eligible ACEP-WRE areas, if applicable.

• PRICE QUOTES

Deliverable Unit Price

1. Final Areawide Market Analysis Report Job $

2. Final Trend Analysis Report (6 Months post AWMA report)

Job $

3. Final Trend Analysis Report (12 Months post AWMA report)

Job $

4. Final Trend Analysis Report (18 Months post AWMA Report)

Job $

PAGE 16 OF 43 MARKET ANALYSIS - LA

Exhibit 1: ACEP-WRE Land Use Definitions

Land use should be split into two Land Categories with a market analysis valuation determined for each category in each market area.

Land Categories:

a. Agricultural Land: Includes comparable properties of Cropland, Pastureland, Hayland, and conservation reserve program (CRP) land that is currently enrolled in CRP or have expired from CRP within five years. May include incidental woodland within the Agricultural land parcel.

b. Other Land: Includes comparable properties of Woodland parcels, CRP land that has been expired for more than five years, and other areas of non-agricultural permanent cover (i.e. emergent marsh, brush/shrubs, trees, etc.).

PAGE 17 OF 43 MARKET ANALYSIS - LA

Exhibit 3: Potential Eligible ACEP-WRE Areas

D Reserved

E Inspection and Acceptance

E.1 Acceptance of service will be done upon receipt of the title commitments.

E.1.1 Acceptance will be determined by the Technical Point of Contact.

E.1.2 Acceptance will be based on if the requirements under Section C are met.

E.1.3 The Technical Point of Contact or Contracting Officer reserves the right to review all work products required under the contract for acceptability as needed. The Government shall notify the Contractor whenever revisions to reports/deliverables are required for deliverables to be deemed acceptable.

F Performance

F.1 Period of Performance

F.1.1 The period of performance for this award is for 60 days after receipt of award.

G Invoicing

G.1 Invoicing

G.1.1 Invoice should be sent after services have been completed.

G.1.2 The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing

Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/

G.1.3 Invoices and any supporting documentation shall be attached within the Invoice Processing Platform

(IPP) and shall not be submitted directly to the Contracting Officer.

G.2 Payment

G.2.1 USDA pays for services in arrears (after service is completed). No payments will be made prior to the completion of service.

G.2.2 Payment will be made after receipt of invoice or acceptance of goods whichever is later. Payment will be made via Electronic Funds Transfer.

H Reserved

I Task Order Provisions and Clauses

CLAUSES

I.1 AGAR 452.211-72 – Statement of Work/Specifications (Feb 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the objectives set forth in the Performance Work Statement/Specifications referenced in Section C.

(End of Clause)

I.2 AGAR 452.211-74 – Period of Performance (Feb 1988)

The period of performance for this award shall be for 8 months after receipt of award.

(End of Clause)

I.3 AGAR 452.246-70 – Inspection Acceptance (Feb 1988)

(a) The Contracting Officer or Contracting Officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed after each service requirement is completed.

(End of clause)

I.4 Limitation of Authority

The government assigned Project or Program Manager, Task POC, or COR are responsible for monitoring the Contractor’s performance. Any proposed modifications to the task order, such as changes to the scope of work, or to the terms and conditions of the task order must be authorized by the Contracting Officer.

(End of clause)

I.5 AGAR 452.224-70 – Confidentiality of Information (Feb 1988)

(a) Confidential information, as used in this clause, means --

(1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure,

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

(End of Clause)

I.6 Conflict of Interest

If for any reason the agency or the Contractor determines that the Contractor faces a potential, perceived, or real conflict of interest, the agency shall notify the Contractor or the Contractor shall notify the agency, and the Contractor shall cease all work on, reassign the task, or proceed at the discretion of the agency. At the agency's option, the Contractor may provide an acceptable replacement.

(End of clause)

I.7 FAR 52.212-4 - CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii)Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable…