S01 RFQ ND Appraisal BPA 12FPC124Q0054.pdf

United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS)

Real Property Appraisals North Dakota

RFQ: 12FPC124Q0054

FOR SOLICITATION INFORMATION: Brantt Lindsey Contracting Officer Brantt.Lindsey@usda.gov Phone: 816-610-1191

Julie Gavin Contract Specialist Julie.Gavin@usda.gov Phone: 605-858-6727

QUESTIONS DUE: August 21, 2024

1:00 PM CT

QUOTE DUE DATE/LOCAL TIME: August 29, 2024

1:00 PM CT

mailto:Brantt.Lindsey@usda.gov mailto:Julie.Gavin@usda.gov

A Solicitation/Contract Form

A.1 SF 1449 – to be provided upon award

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

A.3.2 Business Center Acquisition Division

A.3.3 Operations Branch – Central Section

A.4 Contracting Officer/ Contract Specialist

A.4.1 Contracting Officer: Brantt Lindsey, email: Brantt.Lindsey@usda.gov, phone: 816-610-1191

A.4.2 Contract Specialist: Julie Gavin, email: Julie.Gavin@usda.gov, phone: 605-858-6727

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

A.5 Program Office

A.5.1 Natural Resources Conservation Service (NRCS) North Dakota State Office

A.5.2 Government Point of Contact: Angela Gillam, email: Angela.Gillam@usda.gov, phone: 701-530-2041

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

End of Section mailto:Brantt.Lindsey@usda.gov mailto:Julie.Gavin@usda.gov mailto:Angela.Gillam@usda.gov

B SF 1449 Services/Supplies and Prices/Costs

B.1 Contract Type

B.1.1 Blanket Purchase Agreement (BPA)

B.1.1.1 This BPA will include five (5) one (1) year ordering periods.

B.1.1.2 BPA Calls will be established as Firm Fixed Price Awards based on pricing established in BPA.

B.1.1.3 Individual requirements for real property appraisal reports within BPA and subsequent BPA calls will cover areas no smaller than 20 acres and up to 640 acres in size.

B.1.1.4 NRCS estimates, but is not limited to, ten (10) real property appraisal reports to be ordered each ordering period.

B.1.2 LINE ITEMS

B.1.2.1 Following is a list of items that may be purchased under orders/calls issued against this Blanket Purchase Agreement (BPA).

Period of Performance Line Item/ Service Unit Price Est

Annual Qty

Total

Period One (1) 10/1/2024 to 9/30/2025

Real Property Appraisal Reports (At least 20 acres but up to 640 acres each) $ 10 $

Period Two (2) 10/1/2025 to 9/30/2026

Real Property Appraisal Reports (At least 20 acres but up to 640 acres each) $ 10 $

Period Three (3) 10/1/2026 to 9/30/2027

Real Property Appraisal Reports (At least 20 acres but up to 640 acres each) $ 10 $

Period Four (4) 10/1/2027 to 9/30/2028

Real Property Appraisal Reports (At least 20 acres but up to 640 acres each) $ 10 $

Period Five (5) 10/1/2028 to 9/30/2029

Real Property Appraisal Reports (At least 20 acres but up to 640 acres each) $ 10 $

BPA Total $

B.1.2.2 Dates listed above are approximate. Exact dates and rates will be provided at award.

B.1.2.3 As a Firm Fixed Price Requirement, pricing within an offeror’s quotation shall reflect cost to provide complete real property appraisals and are to include any fees and Government discounts granted.

B.1.2.4 Real Property Appraisals are provided in Statement of Work (Section C).

C Statement of Work

C.1 INTRODUCTION

Natural Resources Conservation Service (NRCS) North Dakota requires real property appraisals for Agricultural Conservation Easement Program Wetland Reserve Easement (ACEP-WRE).

C.1.1 NRCS mission is committed to “helping people help the land”. Mission is to deliver conservation solutions, so agricultural producers can protect natural resources and feed a growing world. For more information regarding agency and its programs, visit https://www.nrcs.usda.gov/.

C.2 Background

C.2.1 United States of America, acting through the U.S. Department of Agriculture’s Natural Resources Conservation Service (NRCS) is considering purchasing a conservation easement to assist the landowner in protecting, restoring, and enhancing the original hydrology, native vegetation, and natural topography of eligible land, to restore and protect the functions and values of wetlands in the agricultural landscape, help achieve the national goal of no net loss of wetlands, and improve the general environment. These lands may be placed under a conservation easement through ACEP-WRE.

C.2.2 All appraisals completed for this program must comply with Uniform Standards of Professional Appraisal Practice (USPAP) and appraisal instructions as issued by NRCS.

C.2.3 ACEP-WRE appraisals are market value as is appraisals of the easement area. A conservation easement value is not needed for ACEP-WRE.

C.2.4 The landowner is not a client or intended user of the ACEP-WRE appraisal.

C.2.5 Period of performance will be for five (5) years.

C.2.6 Below is a table of terms and abbreviations utilized herein.

ACEP Agricultural Conservation Easement Program BPA Blanket Purchase Agreement FIRREA Financial Institutions Reform, Recovery and

Enforcement Act of 1989 FPAC Farm Production and Conservation FSA Farm Service Agency IAS Integrated Acquisition System IPP Invoice Processing Platform NRCS Natural Resources Conservation Service SOW Statement of Work SAM System for Award Management USDA United States Department of Agriculture USPAP Uniform Standards of Professional Appraisal Practice WRE Wetland Reserve Easement WRP Wetland Reserve Program

C.3 Blanket Purchase Agreement (BPA) and BPA Call Instructions https://www.nrcs.usda.gov/

C.3.1 Description of Agreement

C.3.1.1 Vendor shall furnish real property appraisal, described herein, when requested by Contracting Officer (or authorized representative for Contracting Officer) between a five (5) year period commencing on date of BPA award. Upon expiration date agreement is considered completed and new orders/call shall not be placed.

C.3.2 Extent of Obligation

C.3.2.1 Government is obligated only to extent of authorized order/calls made under this BPA and vendor is not guaranteed any orders/calls under this BPA.

C.3.3 Purchase Limitation

C.3.3.1 Dollar limitation for each individual order/call issued under this BPA is To be determined at time of award.

C.3.3.2 BPA ceiling over five (5) year performance period is $225,000.00.

C.3.3.3 No order by an authorized purchase cardholder may exceed applicable Government Purchase Cardholder (GPC) use thresholds.

C.3.4 Individuals Authorized to Purchase Under This BPA

C.3.4.1 BPA Calls may be placed against this BPA by any properly warranted FPAC Contracting Officer or Authorized Government Purchase Card Holder for USDA.

C.3.4.2 Each individual BPA Call will have a unique appraisal details to be specified on call.

C.3.5 Delivery Tickets

C.3.5.1 All deliveries under this agreement shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

C.3.5.1.1 Business name;

C.3.5.1.2 BPA number;

C.3.5.1.3 Date of order/call;

C.3.5.1.4 Order/call number;

C.3.5.1.5 Itemized list of service furnished;

C.3.5.1.6 Quantity, unit price, and extension of each item, less applicable discounts; and C.3.5.1.7 Date of delivery.

C.3.6 Invoices

C.3.6.1 See Section G.

C.3.7 Ordering Instructions

C.3.7.1 Orders to be performed under this BPA may be placed by an authorized USDA Government purchase cardholder or issuance of a BPA call in Integrated Acquisition System (IAS). Payment may be made via purchase card or electronic funds transfer.

C.4 SCOPE

C.4.1 Appraisal Qualifications

C.4.1.1 Must be State-certified general real property appraiser or obtain a temporary practice permit equal to State-certified general real property appraiser in compliance with title XI of Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) in State or States where subject property is located.

C.4.1.2 Must be in good standing with licensing authority where credential was issued.

C.4.1.3 Must not have received any disciplinary action within past five (5) years.

C.4.1.4 Must have demonstrated competency in compliance with USPAP in conducting appraisals of rural and agricultural properties of requested type.

C.4.1.5 Must include documentation of experience and education in appraisal report.

C.4.2 Purpose of Appraisal Report

C.4.2.1 Appraisal shall provide an opinion of market value, as defined below, of proposed easement area as of a current date of value.

C.4.2.2 Appraisal must be completed in compliance with USPAP and appraisal instructions issued by NRCS. An appraisal report, as discussed in USPAP Standards Rule 2-2(a), must be provided;

restricted appraisal reports are not acceptable.

C.4.2.3 Appraisal report must contain the level of detail, discussion, and support necessary for the client and intended users to comprehensively understand rationale for opinions and conclusions, including reconciliation of data and approaches used in appraisal. Detail must thoroughly explain and support property description, highest and best use analysis, market characteristics, adjustment process, and all conclusions so that all review appraisers and NRCS users have an adequate understanding of statements, opinions, and conclusions offered within report.

C.4.2.4 Market value definition that will be stated and used in developing and reporting assignment is as follows (from Conservation Programs Manual (CPM), 440 Part 527, Subparts E & F):

C.4.2.4.1 Market value means the most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:

C.4.2.4.1.1 buyer and seller are typically motivated;

C.4.2.4.1.2 both parties are well informed or well advised and acting in what they consider their own best interests;

C.4.2.4.1.3 a reasonable time is allowed for exposure to the open market;

C.4.2.4.1.4 payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and C.4.2.4.1.5 the price represents the normal considerations for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.

C.4.2.5 No other definition of market value is acceptable.

C.4.3 Information Provided by USDA NRCS to Appraiser

C.4.3.1 Aerial photograph of subject property with location of proposed easement area identified, access to easement area identified, easement boundary identified, and an estimate of acres in proposed easement identified.

C.4.3.2 Legal description of subject property.

C.4.3.3 Preliminary legal description of proposed easement area (survey to be completed later).

Example: On attached aerial photograph, approximately 10.5 (outlined in dark ink) acres located in the NW 1/4. NW 1/4 of Section 10 T55N R20W of 5th PM.

C.4.3.4 Aerial photograph indicating location and acreage of any conservation agreement, contract, or easement of any type that is associated with any part of subject property.

C.4.3.5 Copy of completed Form CCC-505, “FSA Voluntary Permanent Direct and Counter Cyclical Program (DCP) Base Acres Reduction,” executed by landowner for crop base/allotments located on proposed easement area. Form will not be processed by FSA until easement is closed. Appraiser will verify amount of crop base to be retired or moved on proposed easement area and if any remaining crop base exists on easement area. Documentation of production data will be provided to NRCS by landowner. Note: Any crop base or allotment acquired by NRCS must be retired from Federal Government programs.

C.4.3.6 If irrigation rights are included in easement area, documentation provided by NRCS will identify volume of irrigation water rights to be retained for subject property as necessary to ensure function of wetland operation and other wetland conservation values. Volume will also be documented in “Water Rights and Water Uses” Exhibit D attached to conservation deed.

C.4.3.7 Copy of Title 440, Conservation Programs Manual (CPM), Part 527, Subpart E, “Appraisal.”

C.4.3.8 Recorded landowner’s name, address, and telephone number.

C.4.3.9 Written permission from landowner or an authorized representative authorizing assigned appraiser to enter property for appraisal purposes.

C.4.3.10 Specific details of any existing easements, reservations, or other restriction currently encumbering subject property as provided by landowner.

C.4.3.11 Current information as to status of title of ownership, such as copies of deeds.

C.4.3.12 When available, a completed “Preliminary Certificate of Inspection and Possession,” “Hazardous Materials Field Inspection Checklist,” and any available information pertaining to probability of existence of hazardous substances that might be found on property to be appraised.

C.4.3.13 Documentation of water rights owned, including name of any irrigation company, number of shares or amount of ownership, and documentation concerning irrigation wells on property to be appraised as provided by landowner.

C.4.3.14 Copy of recorded written access to easement area, if available.

C.4.3.15 Copy of preliminary title commitment covering proposed easement area, if available.

C.4.4 Background for Appraisal Report

C.4.4.1 Prepare an appraisal report of an as is opinion of value based on above market value definition of proposed easement area.

C.4.4.2 Subject property will be only proposed easement area as provided by NRCS.

C.4.4.3 If irrigation rights are included in easement area, documentation provided by NRCS will identify volume of irrigation water rights to be retained for subject property as necessary to ensure function of wetland operation and other wetland conservation values as stated in C.4.4.7 below. This volume will also be documented in “Water Rights and Water Uses, Exhibit D” attached to conservation deed. Irrigation water rights that are owned and used on proposed subject property will be valued in appraisal.

C.4.4.4 Appraiser will document whether or not any portion of these irrigation water rights can be removed from subject property. If irrigation water rights can be removed from property, appraiser will provide a value opinion of value of each irrigation water right. Appraiser will consider only irrigation water rights required to be retained on subject property as identified by NRCS.

C.4.4.5 Client is USDA/NRCS (Landowners must not be clients).

C.4.4.6 Intended user is USDA/NRCS (Landowners are not an intended user).

C.4.4.7 Intended use will be for USDA/NRCS consideration in determining price of conservation easement entering into ACEP-WRE.

C.4.4.8 Exclusions of approaches to values, as stated in USPAP, must be strongly supported with solid reasoning.

C.4.4.9 Property rights to be appraised will be surface rights, timber, orchards or other permanent plantings, and any irrigation water rights. Irrigation water rights include wells, ditches, reservoirs, ponds, and lakes that provide irrigation on subject property and are legally permitted. Value of any marketable standing timber that could be economically harvested will be considered by a timber cruise and included in any valuations. Other permanent plantings that are located on subject property will be appraised and included in any valuations. Any building improvements and any irrigation equipment not affixed to land, such as pivot sprinklers, moveable pipe, tow lines, etc., that are located in proposed easement area will be excluded from valuation.

C.4.5 Appraisal Report

C.4.5.1 Description of Work

C.4.5.1.1 Appraisal will meet USPAP requirements and appraisal instructions issued by NRCS. Appraisal report, as discussed in USPAP Standards Rule 2-2(a), must be provided; restricted appraisal reports are not acceptable. Appraisal report must contain level of detail, discussion, and support necessary for client and intended users to comprehensively understand rationale for opinions and conclusions, including reconciliation of data and approaches used in appraisal. Detail must thoroughly explain and support property description, highest and best use analysis, market characteristics, adjustment process, and all conclusions so that all review appraisers and NRCS users have an adequate understanding of statements, opinions, and conclusions offered within report.

C.4.5.1.2 Appraisal report may consist of a narrative report, a form report, or a combination may be used. Appraisal report must be in compliance with USPAP and must use the following appraisal instructions and guidelines as stated in these specifications.

C.4.5.1.3 Contract appraiser must personally inspect subject property and comparable sales.

C.4.5.1.4 Appraiser must talk personally to property owner or owner’s agent or representative and property owner or owner’s agent or representative must be given an opportunity to accompany appraiser during inspection of subject property. Appraiser must document discussion and whether or not landowner accompanied appraiser during inspection in appraisal report.

C.4.5.1.5 Uniform Residential Appraisal Report (URAR) is not acceptable. It may be incorporated into report to assist in valuing residence but it must not be used to evaluate property and easement affects.

C.4.5.1.6 Reports must contain a “Table of Contents” with page numbers and sequentially numbered pages including addenda. Reports may contain handwritten page numbers.

C.4.5.1.7 Reports must reference all environmental documents utilized by the appraiser in completing appraisal. An environmental document is required in appraisal report as provided by NRCS, refer to C.4.3.12 above. Appraiser is a key individual in identifying potential environmental problems that may affect value of subject property.

C.4.5.1.8 Appraiser must contact NRCS to resolve problems, clarify questions, letters of engagement (call orders), or other issues. Issues relating to appraisal process must be relayed to NRCS national appraiser for guidance.

C.4.5.1.9 Effective date of appraisal report is date property was personally inspected by appraiser.

C.4.5.1.10 Appraiser will prominently state any crop base and allotment history located in easement included in value.

C.4.5.1.11 Appraisal report must be in typewritten or legible ink print form and/or automated or computerized forms.

C.4.5.1.12 Only reports completed and submitted on 8½ inch by 11-inch paper or electronic format will be accepted.

C.4.5.1.13 Appraisal report must be bound in a durable report cover with appropriate identification.

C.4.5.1.14 Appraiser will provide two (2) bound or one (1) electronic copy of initial final report to NRCS to obtain a technical review. Once technical review is completed and appraisal report accepted, appraiser must provide three (3) originals and one (1) electronic copy of appraisal to NRCS. Reference above instructions, including exhibits, for details on appraisal reports, appraisal forms required, and required methodology and supporting documentation.

C.4.6 Required Elements for WRP Appraisals

C.4.6.1 Part 1 – Introduction

C.4.6.1.1 Title Page

C.4.6.1.2 Letter of transmittal

C.4.6.1.3 Table of contents

C.4.6.1.4 Appraiser’s certification

Follow USPAP guidelines as applicable, but include the following:

“I have made a personal inspection of the appraised property which is the subject of this report and all comparable sales used in developing the opinion of value. The date(s) of inspection was __________, and the method of inspection was ___________________.”

(If more than one person signs the report, this certification must clearly specify which individuals did and which individuals did not make a personal inspection of the appraised property and sales. The contract appraiser must inspect the appraised property.)

In my opinion, as of (date) , the market value of the proposed easement parcel is

By: (signature) Date:

Print Name

Printed Name and Professional Accreditation

State Certification #

C.4.6.1.5 Summary of salient facts

C.4.6.1.6 Photographs of subject property. Provide original color photographs or high-quality color copies of photographs of appraised property. Photographs may be a separate exhibit in addenda or included with narrative description of appraised property and comparable sales. Show the following information with each photograph:

C.4.6.1.6.1 Identify photographed scene. Indicate direction of view, vantage point, and other pertinent information;

C.4.6.1.6.2 Aerial photo should be used to show location of photos;

C.4.6.1.6.3 Name of photographer; and C.4.6.1.6.4 Date photograph was taken.

C.4.6.1.7 Statement of assumptions and limiting conditions.

C.4.6.1.7.1 All appraisal reports submitted to NRCS for review become property of United States and may be used for any legal and proper purpose. Therefore, a condition that limits distribution of report is not permitted.

C.4.6.1.7.2 Include a statement similar to the following:

C.4.6.1.7.2.1 “Appraisal reports submitted to NRCS for review may be used by NRCS for any legal and proper purpose.”

C.4.6.1.7.3 If appraisal has been made subject to any encumbrances against property, such as easements, that must be stated. It is unacceptable to state property has been appraised as if free and clear of all encumbrances, except as stated in the body of report; encumbrances must be identified in this section of report. Refer to C.4.3.15 above.

C.4.6.1.7.4 Property must have legal access to easement area that provides NRCS and its agents legal access to restore, maintain, and monitor purpose and function for which easement was placed. Legal access route must be shown on a map of subject property. If property does not have sufficient legal access to easement area, appraisal should not proceed.

C.4.6.1.7.5 Use of an uninstructed assumption or hypothetical condition that results in other than “as is” market value will invalidate appraisal. Include only factors relating to appraisal problem. Assumptions and limiting conditions that are speculative in nature are inappropriate. Do not include limiting conditions that significantly restrict application of appraisal.

C.4.6.1.7.6 Contract appraiser must not make an assumption or accept an instruction that is unreasonable or misleading. Client instructions must have a sound foundation, be in writing, and be included in appraisal report.

C.4.6.1.8 Scope of Appraisal

C.4.6.1.8.1 This section must fully describe the extent of investigation and analysis. The scope of work should be consistent with the intended use of the appraisal.

C.4.6.1.8.2 Summarize the appraisal problem

C.4.6.1.9 Purpose of the appraisal must be as stated in C.4.2 above.

C.4.6.2 Part 2 – Factual Data

C.4.6.2.1 Legal description;

C.4.6.2.2 Area, city and neighborhood data; and

C.4.6.2.3 Property data.

C.4.6.2.3.1 Site;

C.4.6.2.3.2 Dwellings and associated improvements;

C.4.6.2.3.3 Fixtures, livestock, and forage production structures and facilities ;

C.4.6.2.3.4 Use history;

C.4.6.2.3.5 Sales history;

C.4.6.2.3.5.1 Include a 3-year record of all sales of appraised property and, if information is available, offers to buy or sell.

C.4.6.2.3.6 Rental history;

C.4.6.2.3.6.1 3-year rental history is required. An unsupported statement that rent does not represent market or economic rent is unacceptable.

C.4.6.2.3.7 Assessed value and annual tax load;

C.4.6.2.3.8 Zoning and other land use regulations;

C.4.6.2.3.8.1 Appraiser must identify, in addition to zoning, all other land-use and environmental regulations, outstanding rights, and reservations that have an impact on highest and best use and value of property.

C.4.6.2.3.9 Appraised property map or plat. Show dimensions and topography of appraised property in detail on a large-scale topographic map, at least 2 inches to mile.

Map may be placed here or in addenda; and

C.4.6.2.3.10 Aerial photograph of subject property with location of proposed easement area identified, access to easement area identified, easement boundary identified, and an estimate of acres in proposed easement identified.

C.4.6.3 Part 3 – Data Analysis and Conclusions

C.4.6.3.1 Analyses of highest and best use

C.4.6.3.1.1 For appraisal, highest and best use is defined as “The highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future.” Appraiser may also refer to definitions as found in “The Dictionary of Real Estate Appraisal.”

C.4.6.3.1.2 Highest and best use conclusion must be clearly supported by market evidence.

Sale or exchange to United States or other public entity is not an acceptable highest and best use. Use for which Federal Government will put property after it has been acquired is, as a general rule, an improper highest and best use. A noneconomic highest and best use, such as “conservation,” “natural lands,” “preservation,” or any use that requires property to be withheld from economic production in perpetuity, is not a valid use upon which to base an estimate of market value.

C.4.6.3.1.3 If highest and best use is for assemblage, describe and explain relationship of appraised property to property to which it would be joined.

C.4.6.3.1.4 If speculation or investment is highest and best use of property, describe and explain its interim and most probable ultimate use.

C.4.6.3.1.5 When there is a claim that highest and best use of a property is something other than property’s existing use, burden of proof is on contract appraiser.

C.4.6.3.1.6 Market value must not be predicated upon potential uses that are speculative and conjectural.

C.4.6.3.1.7 Appraiser’s opinion of a reasonable probability of a zoning change must have a factual foundation. Appraisal report must include a description of investigation undertaken to determine probability of rezoning. Investigation must include thorough research of uses and zoning of properties situated similarly to subject property within area covered by zoning authority. Stated rezoning conclusion must be supported by facts surfaced in research. Property must not be valued as if it were already rezoned for a different use. Property must be valued only in light of probability of obtaining a zoning change.

C.4.6.3.2 Value estimate by cost approach

C.4.6.3.2.1 Estimate value of land as though vacant and available for its highest and best use.

Estimating land value by use of confirmed sales of comparable, or nearly comparable, lands having like optimum uses is preferred method.

C.4.6.3.2.2 If cost approach is not used, explain treasons for not developing.

C.4.6.3.3 Value estimate by sales comparison approach

C.4.6.3.3.1 Nearby arm’s length transactions, comparable to property under appraisement, and reasonably current, are best evidence of market value. Federal courts recognize sales comparison approach as being normally best evidence of market value.

C.4.6.3.3.2 When supportable by market evidence, use of quantified adjustments is preferred.

Percentage and dollar adjustments may, and often should, be combined.

Qualitative adjustments are used when there is inadequate market data to support quantitative adjustments. Factors that cannot be quantified are dealt with in qualitative analysis. When quantitative and qualitative adjustments are both used in adjustment process, all quantitative adjustments should be made first.

C.4.6.3.3.3 Provide market evidence and/or supporting narrative for each adjustment used.

C.4.6.3.3.3.1 Each quantitative adjustment requires supporting market evidence.

Explain how adjustment was determined and how it is applied to comparable.

C.4.6.3.3.3.2 Each qualitative adjustment requires significant discussion to explain why it is necessary and explain reason for differences.

C.4.6.3.3.4 Include a sales adjustment chart summarizing adjustments and showing final adjusted sale prices and how the sales compare with subject property.

C.4.6.3.3.5 Documentation of each comparable sale must include:

C.4.6.3.3.5.1 Parties to transaction;

C.4.6.3.3.5.2 Date of transaction;

C.4.6.3.3.5.3 Confirmation of transaction;

C.4.6.3.3.5.4 Confirm transaction with buyer, seller, broker, or other person having knowledge of price, terms, and conditions of sale;

C.4.6.3.3.5.5 Buyer motivation;

C.4.6.3.3.5.6 Location;

C.4.6.3.3.5.7 Size;

C.4.6.3.3.5.8 Legal description;

C.4.6.3.3.5.9 Property rights conveyed and by what method did title transfer such as warranty deed, purchase contract;

C.4.6.3.3.5.10 Consideration;

C.4.6.3.3.5.11 Financing terms;

C.4.6.3.3.5.12 Sale conditions – verify if sale was an arm’s length or distressed sale;

C.4.6.3.3.5.13 Improvements;

C.4.6.3.3.5.14 Physical description – describe topography, vegetative cover, water influence, improvements, irrigation water, soils and other characteristics;

C.4.6.3.3.5.15 Nonrealty items;

C.4.6.3.3.5.16 Economic characteristics;

C.4.6.3.3.5.17 Zoning;

C.4.6.3.3.5.18 Current use;

C.4.6.3.3.5.19 Topographic map; and C.4.6.3.3.5.20 Photographs.

C.4.6.3.3.5.20.1 Improvements C.4.6.3.3.5.20.2 Land/lot C.4.6.3.3.6 In order to make meaningful comparisons between sales and appraised property, NRCS requires inspection of all sales directly compared with appraised property.

Waiver of comparable sale inspection requirement must be made in writing by an authorized official in form of a supplemental appraisal instruction. Requirement for inspection of appraised property may not be waived.

C.4.6.3.3.7 If sales comparison approach is not used, explain reasons for not developing.

C.4.6.4 Value estimate by income approach

C.4.6.4.1 All data must be market supported.

C.4.6.4.2 If income approach is not used, explain reasons for not developing.

C.4.6.5 Correlation and reconciliation of final estimate

C.4.6.5.1 Contract appraiser must avoid making a summation appraisal.

C.4.6.5.2 Appraisers are responsible for final opinion of value even if it relies upon estimates developed by others (such as, timber cruisers, or cost estimators). Value estimates developed by others, if needed, will be appraiser’s responsibility.

C.4.6.6 Part 6 – Exhibits and Addenda

C.4.6.6.1 Location map

C.4.6.6.1.1 Maps must clearly identify property and be of sufficient quality to enable review appraiser to locate property on ground. Maps must be dated, include a legend, scale, and north arrow. Report must contain original maps or vivid color copies.

C.4.6.6.1.1.1 Area Map. A small-scale map showing general location of subject market area.

C.4.6.6.1.1.2 Neighborhood Map. Map shows appraised property and its immediate neighborhood.

C.4.6.6.1.1.3 Tract Map or Plat. Map is a large-scale (2-inch per mile) United States Geological Survey (USGS) or similar quality map that shows appraised property and pertinent physical features such as roads, streams, and improvements. If portions of appraised property are assigned separate contributory values to whole, these areas must be delineated on this map or a separate map.

C.4.6.6.1.1.4 Photograph Map. Map, lot plat or aerial photograph showing location of subject pictures.

C.4.6.6.2 Comparable data maps:

C.4.6.6.2.1 Map must show location of appraised property and sales. Delineate boundaries of appraised properties and comparable sales when map is of sufficient scale to be meaningful. If all pertinent comparable sales cannot be shown on same map as appraised property, a smaller-scale map (such as a State road map) may be included in addition to larger-scale map.

C.4.6.6.3 Detail of comparative data:

C.4.6.6.3.1 Include a completed form showing all information for each comparable transaction used in appraisal. Include a plat (if available), a USGS topographic map (if appropriate), and color photos of each sale. Transaction number must match number of transaction listed in report.

C.4.6.6.4 Plot plan

C.4.6.6.5 Title evidence report:

C.4.6.6.5.1 Include a copy of preliminary title report for non-Federal land if available.

C.4.6.6.6 Other pertinent exhibits:

C.4.6.6.6.1 Present additional data such as documents and charts pertinent to valuation and referred to in body of appraisal. Exhibits may include—

C.4.6.6.6.1.1 Copy of technical reports from specialists. May include a timber cruise summary signed by a timber cruiser, or a road plan signed by an engineer.

C.4.6.6.6.1.2 Property owner permission to appraise.

C.4.6.6.7 Qualifications of appraiser

C.4.6.6.7.1 Appraisers must provide evidence of compliance with certification requirements of State or States where properties are located.

C.4.6.6.7.2 Appraisers must provide documentation of compliance with experience requirements.

C.4.6.6.7.3 Appraisers must provide documentation of appraisal education.

C.4.6.6.7.4 Appraiser must provide their contact information including but not limited to— C.4.6.6.7.4.1 Address.

C.4.6.6.7.4.2 Phone numbers.

C.4.6.6.7.4.3 Email address.

C.4.6.6.7.5 Engagement instructions received from client.

C.4.7 Appraisal Reviews

C.4.7.1 All appraisal reports are subject to a technical appraisal review conducted for compliance with NRCS appraisal instructions and USPAP prior to acceptance by NRCS.

C.4.7.2 NRCS will order technical appraisal review.

C.4.7.3 Any deficiencies in appraisal report will be returned to appraiser for revisions, additional support, or explanation or corrections to original appraisal report in a supplemental report format as in C.4.8 below.

C.4.7.4 All revisions will be subject to a technical review for compliance with original and subsequent instructions.

C.4.7.5 Any appraisal report revisions required by review appraiser must be completed and returned within 14 calendar days after receipt of comments.

C.4.7.6 Supplemental appraisal reports may be submitted by NRCS to technical reviewer no more than three (3) times. If, after third submission, report is still found to be unacceptable, report will be rejected and/or disapproved. Review appraiser must clearly show why appraisal report is inadequate.

C.4.8 Format for Supplemental Appraisal Reports

C.4.8.1 Supplements or amendments to appraisal reports, such as correcting deficiencies in appraisal report, revisions, additional support or explanation, changes in acreage, change in value, updating effective date or title conditions must be referenced for incorporation with original report in accordance with USPAP and is required in the following format. All items must be addressed.

C.4.8.1.1 Title Page C.4.8.1.1.1 Include same information as on original appraisal report.

C.4.8.1.1.2 Label report as a “Supplemental Appraisal Report to Appraisal Report for___________________________.”

C.4.8.1.2 Summary of Facts Include— C.4.8.1.2.1 Owner's name or other identification of property;

C.4.8.1.2.2 Size;

C.4.8.1.2.3 Highest and best use;

C.4.8.1.2.4 New opinion of value; and C.4.8.1.2.5 Valuation date based on either of the following:

C.4.8.1.2.5.1 Effective date of original report C.4.8.1.2.5.2 Date of new inspection for updating effective date

C.4.8.1.3 Summary of Original Appraisal

C.4.8.1.3.1 Cite date and value opinion from original appraisal. If previous updates have been made since the original appraisal, cite value opinions from all updates as well as original appraisal.

C.4.8.1.4 Changes

C.4.8.1.4.1 Explain reason for appraisal supplement, such as to update an opinion of value based upon changes in acres due to survey, amend a previous appraisal report, add additional support or explanation, or other reasons.

C.4.8.1.5 Revised Opinion of Value

C.4.8.1.5.1 Revised opinions of value will be made as of effective date of original appraisal only. Discuss method used to revise opinion of value and cite evidence and/or analysis of trends that support revised value opinion. Conclude with a statement of revised opinion of value and original valuation date, followed by contract appraiser's signature.

C.4.8.1.6 Certification

C.4.8.1.6.1 Follow USPAP guidelines as applicable, but include the following:

“I have made a personal inspection of the appraised property which is the subject of this report and all comparable sales used in developing the opinion of value.

The date(s) of inspection was __________, and the method of inspection was ___________________.” (If more than one person signs the report, this certification must clearly specify which individuals did and which individuals did not make a personal inspection of the appraised property and sales. The contract appraiser must inspect the appraised property.)

In my opinion, as of (date) , the market value of the proposed easement parcel is $____________.

By: (signature) Date:

Print Name

Printed Name and Professional Accreditation

State Certification #

C.4.8.1.7 Addenda

C.4.8.1.7.1 Include sales data detail for new sales cited, summaries of data and trend analyses, maps of sales analyzed, and any other information relied upon but not included in text.

C.4.8.1.8 Binding

C.4.8.1.8.1 If the supplemental appraisal report comprises more than four pages, it must be bound in a durable report cover with appropriate identification.

C.4.8.1.9 Electronic Copy

C.4.8.1.9.1 An electronic copy of the supplemental report must be provided along with the hardcopy.

C.4.9 Federal Holidays are as follows:

C.4.9.1 New Year’s Day (January 1st) C.4.9.2 Martin Luther King Day (Third Monday in January) C.4.9.3 President’s Day (Third Monday in February) C.4.9.4 Memorial Day (Last Monday in May) C.4.9.5 Juneteenth (June 19th) C.4.9.6 Independence Day (July 4th) C.4.9.7 Labor Day (First Monday in September) C.4.9.8 Columbus Day (Second Monday in October) C.4.9.9 Veterans Day (November 11th) C.4.9.10 Thanksgiving Day (Fourth Thursday in November) C.4.9.11 Christmas Day (December 25th)

C.5 GENERAL REQUIREMENTS

C.5.1 Contractor shall furnish all management, supervision, labor, equipment and resources needed to provide services described in SOW.

C.5.2 Non-Personal Service

C.5.2.1 Government shall neither supervise Contractor employees nor control method by which Contractor performs required tasks.

C.5.2.2 Under no circumstances shall Government assign tasks to, or prepare work schedules for, individual Contractor employees, except for site lead.

C.5.2.3 Contractor is responsible to manage its employees and to guard against any actions that are of nature of personal services or give perception of personal services.

C.5.2.4 If Contractor believes any actions constitute, or are perceived to constitute personal services, it shall be Contractor’s responsibility to notify Contracting Officer in writing, immediately.

C.5.2.5 Contractor employees are not to be supervised by NRCS employees. Contractor employees will receive direction from Contractor.

D Reserved

E Inspection and Acceptance

E.1 Acceptance of service will be done under each BPA call or order and will take place upon completion of services.

E.1.1 Acceptance will be determined by Government Point of Contact.

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

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

F Performance

F.1 Period of Performance

F.1.1 Period of performance will be provided at award.

F.1.2 Blanket Purchase Agreement will be for five (5) years.

G Invoicing

G.1 Invoice instructions are as follows:

G.1.1 Invoices are required for each call order or Government purchase card order.

G.1.2 If Government purchase card is used for ordering and payment, invoice must be emailed to Authorized ordering official (authorized purchase cardholder) with BPA Contracting Officer (Brantt Lindsey, brantt.lindsey@usda.gov) courtesy copied.

G.1.3 Invoices for calls not placed with government purchase card must be submitted through IPP website (https://www.ipp.gov). Contractor assistance with enrollment can be obtained by calling 866-973-3131 or emailing IPPCustomerSupport@fiscal.treasury.gov. See FPAC Clause 4I-52.232-70.

G.2 Payment

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

G.2.2 Payment will be made after receipt of invoice or acceptance of service whichever is later.

G.2.3 Payment may be made via purchase card or electronic funds transfer as applicable. No order by an authorized purchase cardholder may exceed applicable GPC use thresholds. Any applicable surcharges shall be in accordance with and within the limitations of GSA Smart Pay program policies/regulations.

mailto:brantt.lindsey@usda.gov https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

H Special Contract Requirements

H.1 Special Requirements

H.1.1 Limitation of Authority

H.1.1.1 Government Point of Contact is responsible for monitoring Contractor’s performance. Any proposed modifications to contract, such as changes to scope of work, or to terms and conditions of contract must be authorized by Contracting Officer.

H.1.2 Conflict of Interest

H.1.2.1 If for any reason agency or Contractor determines Contractor faces a potential, perceived, or real conflict of interest, agency shall notify Contractor or Contractor shall notify agency, and Contractor shall cease all work on, reassign task, or proceed at discretion of agency. At agency's option, Contractor may provide an acceptable replacement.

I Provisions and Clauses

I.1 Farm Production and Conservation (FPAC) Provision

I.1.1 FPAC 4I-52.233-70 Protests to the Agency

An agency protest filed with the contracting officer shall be sent to the contracting officer’s mailing address or email address listed in the solicitation. The contractor should contact the contracting officer to verify the mailing or email address prior to delivering a protest.

The independent review of a contracting officer’s decision regarding a protest described at FAR 33.103(d)(4) is not available as an alternative to consideration of the protest by the contracting officer. An independent review is available only as an appeal of the contracting officer’s decision on a protest. An appeal must be filed within 10 calendar days of the protestor’s receipt of the contracting officer’s decision, otherwise the appeal will be deemed untimely and not considered. The appeal must be directed to the Head of the Contracting Activity but sent to the contracting officer.

The protest must contain all of the elements required by FAR 33.103(d)(2). Failure to substantially comply with any of the requirements of FAR 33.103(d)(2) may be grounds for dismissal of the protest.

(End of Provision)

I.2 Federal Acquisition Regulation (FAR) Provisions

I.2.1 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (JAN 2017)

I.2.2 52.204-7 System for Award Management (OCT 2018)

I.2.3 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

I.2.4 52.204-24 – Representation regarding certain telecommunications and video surveillance services and equipment (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services— Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

https://www.sam.gov/

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided;

and explanation of the proposed use of covered telecommunications services and any factors relevant to determining…