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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
D51
Herndon VA 20170 381 Elden Street, Suite 4000 IBC,AQD,Dv5,Br1,VA
CODE 16. ADMINISTERED BYCODE
X
X
X
531320
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORD51
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
04/08/2022 1700 ED
04/01/2022
0000000000Heather Smith (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140D0422Q0355
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 76 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
15. DELIVER TO
Herndon VA 20170 381 Elden Street, Suite 4000
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$8.00
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
IBC,AQD,Dv5,Br1,VA
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
U.S. Department of the Interior, Appraisal, and Valuation Services Office, requirement for appraisal of 2 individual tracts of land located in Madera County, CA.
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
Debra Slasor
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
76 2 of
TABLE OF CONTENTS
INSTRUCTIONS TO OFFEROR’S
TECHNICAL QUALIFICATION FOR REQUIREMENT
EVALUATION OF QUOTATIONS:
SUBMISSION OF QUOTE
STATEMENT OF WORK
SECTION 1 – Subject Identification & General Information SECTION 2 – Appraisal Requirements & Instructions SECTION 3 – Performance & Submission Requirements
CONTRACT CLAUSES
52.252-2 Clauses Incorporated by Reference (Feb 1998)
52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2021) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Jan 2022) DIAR 1452.201-70 Authorities and delegations (Sep 2011) DOI-AAAP-0028 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Sept 2017) Disclosure of Information Release of Information
CONTRACT PROVISIONS
52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998)
52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-22 Alternative Line-Item Proposal (Jan 2017) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021)
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Nov 2021)
Attachments
1. Vicinity Map Case# 00011298
2. Access Map Case# 00011298
3. Aerial Map Constructed Features Case# 00011298
4. APN_Map_Detail_Case# 00011298
5. Farmable Acres Case# 00011298
6. PGs by Flow Priority 20181210_Case# 000112989
7. Hydrographs Packet
140D0422Q0355 003
8. Seepage Easement Redacted PI_Case# 00011298
9. Legal Description Exhibit A and B Redacted PI_Case# 00011298
140D0422Q0355 004
INSTRUCTIONS TO OFFEROR’S
The Department of the Interior (DOI)/Interior Business Center (IBC), Acquisition Services Directorate (AQD) on behalf of the Appraisal and Valuation Services Office (AVSO) is issuing a request for quotation for the appraisal report on 2 individual tracts of vacant land located in Madera County, California.
SOLICITATION/AWARD PROCEDURES
This Request for Quote (RFQ) is issued in accordance with FAR Part 12, the acquisition of commercial items and FAR Part 13 Simplified Acquisition Procedures.
ANTICIPATED AWARD TYPE
Total Small Business Set-Aside NAICS: 531320 Offices of Real Estate Appraisers PSC: R411; Support-Professional: Real Property Appraisals.
Type of Contract: Firm-Fixed-Priced (FFP)
SERVICE AND SUPPLIES
Requirement are provided in the Statements of Work.
DELIVERY/PERIOD OF PERFORMANCE
The target period of performance 125 days from the date of award.
LINE-ITEM PRICING
CLIN
No.
Description Total Price
00010 Land Appraisal Services for Madera County, CA Tracts - Pistoresi-Seepage Easement
As FFP requirement the pricing within an offeror’s quotation shall reflect the cost to perform the assignment to include but not limited to any travel, fees, Government discounts granted.
GENERAL REQUIREMENTS
Cover letter no more than 1 page that includes:
• Tax Identification Number (TIN)
• Dun & Bradstreet Number (DUNS)
• Complete Business Mailing Address
• Contact Name
• Contact Phone
• Contact Email Address
• Quotation Date
• Quotation Expiration date (60 days)
TECHNICAL QUALIFICATION FOR REQUIREMENT
The quotation shall include all of the following information:
1. State Certification State Certification: The appraiser must hold a current certified general appraiser license from the State of California as demonstrated by submitting a copy of their State Licensing Certificate or have the ability to
140D0422Q0355 005 obtain a temporary practice permit for the State of California. If the appraiser is licensed in another state and applying for a license in the subject jurisdiction, he/she must provide a copy of his/her current state license.
2. Technical Acceptability
a. Experience for Assignment: Both geographical competency and technical competency will be considered. The contractor shall provide a standard Appraiser's Statement of Qualifications and a signed proposal letter that describes and attests to the following:
i. Identify years of experience appraising property within similar areas of California.
ii. Identify types of property appraised in California.
iii. Identify types of easements appraised, such as, seepage, conservation, wetlands, surface, flowage or otherwise and provide a reference list identifying client, location, property and date of appraisal.
iv. The appraiser must state they have completed the education or necessary steps taken to conduct an appraisal in full compliance with the Uniform Appraisal Standards for Federal Land Acquisitions, 6th Edition (UASFLA).
b. Qualifications of Associate Appraisers: Any associates expected to contribute to the appraisal must be identified in the proposal and a statement of qualifications and copy of license or permit must be provided for everyone. Those qualifications will be considered in the evaluation of proposals, with emphasis on professional designations and license, years of appraisal experience, and extend of education applicable to the appraisal of rural real estate. An expanded description of these qualifications for any key associates is recommended and may be included in the proposal.
Subcontracting of this assignment is not permissible.
Factor 3 - Past Performance
a. Submit a list of the USPAP compliant appraisal reports that the appraiser(s) have performed in the last five (5) years. Include property type, general location, agency, contact information, etc.
b. Submit a sample of comparable sale write up sheet for orchard property.
c. If the appraiser has performed any services regarding the subject property within the three prior years, then the appraiser must disclose the extent of the service .
Factor 4 - Delivery/Inspection Date The target date for the initial appraisal report is 75 days from the award of the contract. If the target dates are not achievable, then the contractor may provide alternative delivery dates up to 90 days and the reason for the later delivery. Early delivery is preferable.
Factor 5 – Price Quote
a. The Quoter must provide a firm-fixed price quote with any and all discounts applied for all the work to complete the assignment described in the Statement of Work (SOW).
b. Price quotes will be evaluated for completeness and reasonableness.
140D0422Q0355 006
EVALUATION OF QUOTATIONS:
52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021)
a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award of this Contract will be made on a Best Value/Trade Off basis. The following factors shall be used to evaluate offers: State Certification, Technical, Past Experience/Performance, Delivery, and Price.
Technical (including state certification) and past performance, when combined, are more important than cost or price.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
Further past performance determinations in federal contracting shall be made through a review of relevant information listed within the System of Award Management (SAM) and the Contractor Performance Assessment Reporting System CPARS).
All offerors are required to have an active DUNS and registered in www.SAM.gov registration prior to submission of quotation.
SUBMISSION OF QUOTE
Submissions of Quote to this RFQ shall be sent to Heather Smith, Contracting Specialist, via email at heather_smith@ibc.doi.gov on or before 5pm Eastern April 8, 2022. All submissions shall reference “Quote – 140D0422Q0355” included in the subject line.
SUBMISSION OF QUESTIONS
Submissions of Questions to this RFQ shall be sent toHeather Smith, Contracting Specialist, via email at heather_smith@ibc.doi.gov, on or before 5pm Eastern Time, April 6, 2022. All submissions shall reference “Questions – 140D0422Q0355” included in the subject line.
140D0422Q0355 007
STATEMENT OF WORK
Agency Case ID: 00011298
IVIS Number: R200070
SECTION 1 – Subject Identification & General Information
Identification
Case Name: SJRRP - Pistoresi Seepage Easement
Location: The farmstead has a street address of 29808 Avenue 12, Madera, California 93638.
The property’s access is described by USBR Realty Specialist as follows;
Departing from Fresno, California north on CA-99 N approximately eleven miles, then take Exit 144 traveling west for 22 miles, veering left onto Avenue 7 ½, aka Firebaugh Blvd., traveling 5.3 miles, before a right turn on County Road 6 for two miles, then another right turn on County Road 5 ½ for about one half mile, finally left on Avenue 9 ½ about nine tenths of a mile to the destination. A map exhibit attached to this statement of work (SOW) labeled Access Map Case# 00011298” shows the route described above highlighted.
Acquisition Size: The acquisition area involves a 31.7-acre portion of Madera County Assessor’s
Parcel Number (APN) 041-130-002 and a 53.6-acre portion of APN 041-190-001 for a combined 85.3 acres.
Total Owned: USBR reports the total acreage owned is 140.5 acres in two parcels. The vesting correction deed indicates an additional parcel was included in the transfer bringing the ownership to 190.17 acres.
Property Type: The subject is an agricultural property utilized for permanent plantings for almond orchard with associated farmstead containing improvements.
Case Type: The service request is for valuation of a partial interest acquisition of a seepage easement.
Client
U.S. Department of the Interior, Appraisal and Valuation Services Office.
Other Intended Users
The appraisal report will be used by California Great Basin Region of the United States Department of Interior Bureau of Reclamation (USBR) and no others.
Intended Use
The appraisal report will be used for setting the basis of compensation the acquisition of the identified property rights. It is not intended for any other use. The purpose of this appraisal is to provide an opinion of compensation due for acquisition of the seepage easement.
140D0422Q0355 008
Ownership Parcel Location Map
140D0422Q0355 009
Subject Acquisition Area APN 041-130-002
140D0422Q0355 010
140D0422Q0355 011
Project Description Reach 3 is generally described as extending along the San Joaquin River from below the Chowchilla Bifurcation Structure (SJB) to below Sack Dam (SDP). The property is located within Reach 3, in the San Joaquin Valley, on the easterly side of the San Joaquin River, north of Firebaugh, California about one mile. The property is irregularly shaped and consists of irrigated farmland that is developed to orchards.
The property to be acquired is planned for use as part of the San Joaquin River Restoration Program, Seepage Program in Reach 3. A complete description of this portion of the program can be found at:
http://www.restoresjr.net/restoration- flows/seepage-projects/.
From Restoration Flows Guidelines, February 2017, page 9-3, Section 9.2 Reach 3, found online at http://www.restoresjr.net/?s=SJRRP_RFG_v2.0_FINAL_508.pdf, the following is reprinted as an overview of the forces necessitating either the fee acquisition or encumbrance with a seepage easement.
“Exhibit B assumes no incremental losses in Reach 3, and the Reach 3 may become a gaining reach over time if the aquifer in Reach 2 becomes sufficiently recharged. An operational loss has been assumed for Reach 3, in advance of the completion of the Mendota Pool Bypass. This loss has been calculated to be 10 cfs downstream from the Chowchilla Bifurcation Structure (SJB) gage station to San Mateo, with an additional 5-persent loss for Mendota Pool and Reach 3, pursuant to the agreement between Reclamation and the San Luis Delta Mendota Cana Authority. Changes to losses in this reach may result from future monitoring evaluations, or implementation of the Reach 2B and Mendota Pool Bypass project.”
Assignment Description
As a result of the seepage (“operational loss”) agreement mentioned above, a change in reduced agricultural production is possible because of upward pressure in the static ground water level as identified for the subject. Gleaned from review of the Seepage Management Plan at the website listed above, anticipated water flows up to 4,500 cubic feet per second are possible by the year 2029. This could result in groundwater seepage impacts including the rise in salts into the root zone or waterlogging of roots. The subject is identified by two Parcel Group numbers in an attached exhibit to this SOW named “PGs by Flow Priority 20181210_Case# 00011298” being a portion of Parcel Group #53 and all of number Parcel Group #40. The legend from the exhibit abstracted and inserted below, indicates near term the flow threshold has a maximum flow of 1,300 cfs, but forward into perpetuity, the seepage easement is expected to experience flows up to 4,500 cfs after fiscal year 2029. The appraisal analysis must investigate and consider how the market would anticipate this transitional impact on highest and best use of the subject property. The Seepage Management Plan, Appendix C, page C-23 summary result flow map indicates at 4,500 cfs, the subject could experience rise in groundwater levels to between zero and three feet below the ground surface. The appendix is being updated slated for public availability spring 2022 online. The selected appraiser is responsible for independent verification and concurrence with any studies relied upon during the valuation.
As stated in the seepage easement, the United States, is purchasing the permanent right regardless of future land use changes or other improvements made by the Grantors, to raisegroundwater levels and inundate through groundwater seepage. According to BOR the dwelling improvements are located within the seepage easement area. Restoration flows are expected to increase over this decade as the project matures. Please see the following exhibit from the public San Joaquin River Restoration Project online website.
140D0422Q0355 012 http://www.restoresjr.net/restoration-flows/seepage-projects/ http://www.restoresjr.net/restoration-flows/seepage-projects/ http://www.restoresjr.net/?s=SJRRP_RFG_v2.0_FINAL_508.pdf
140D0422Q0355 Pistoresi-Seepage Easement
Property Description Land Areas –Subject Property
Madera County Records USBR Surveyed Areas Assessor Parcel
No.
Gross Parcel Acres
Seepage Acres* Public Use Acres
Farmable Acres**
041-130-002 57.22 31.7 25.52 27.1 041-190-001 83.73 53.6 30.13 56.4 Project Total 85.3
041-130-001 49.22
Ownership Total 190.17
*See Exhibits A and B contained in “Seepage Easement Redacted Pi case # 00011298” attachment provided with this SOW
**See “Farmable Acres Case# 00011298” attachment provided with this SOW.
The subject property is comprised of three separately assessed legal parcels, two contiguous parcels underlay the partial interest acquisition area involved with the appraisal request. A third non-contiguous ownership parcel is located a short distance to the east. The total ownership is
190.17 gross acres. The appraisal must consider and develop a larger parcel determination whether the requested area to be appraised should include the additional ownership parcel. The table preceding this discussion list additional area delineations with source references. Acceptance of this appraisal assignment is contingent upon accepting for use, the USBR surveyed areas listed in the table above. The property is generally located northerly of Firebaugh, Madera County, California. A farmstead exist on APN 041-130-002 has a street address of 4350 Avenue 9 ½, Firebaugh, California.
Improvements Most recently, the property’s land use has been for permanent plantings with an almond orchard and associative farmstead. The intended user stated the farmstead is located on APN 041-130-002 and includes a 1,956 square foot dwelling built in 1955. The dwelling is not permanently occupied but reportedly
140D0422Q0355 013 underwent some level of repairs. Use of the farmstead improvements will not be restricted, but the appraisal must consider, discuss, and conclude with evidence whether the seepage easement does or does not negatively influence the improvements. The property is improved with an almond orchard and associated irrigation systems. A thorough site inspection and detailed inventory and quantification of agricultural related improvements is required in this assignment, including but not limited to (number and spacing of almonds trees), wells, pumps, and all irrigation apparatuses. Please refer to the attached document “Appraisal Report Outline for Agricultural Properties,” for understanding the required level of documentation and analysis this assignment requires.
Each contiguous parcel is reported to obtain the primary water source irrigating the orchards from a well.
The type of irrigation system (flood, micro-spray, or otherwise) is not identified. According to the owner, during emergencies, water can be purchased from the Columbia Canal Company irrigation district;
however, the subject does not possess any irrigation district water rights. Topography appears to be level with riparian portions in and near the San Joaquin River channel.
The property was reportedly purchased in February 2014 for about $1,902,000 to $2,000,000, but any transactions occurring within the last ten years must also be investigated, considered and concluded whether the activity is credible evidence of current market value.
LandVision online data source lists the properties’ land use as agricultural orchard, further citing Madera County use code description as agricultural preserve with one structure and almonds.
The land use category is agricultural rural. Based on title exceptions, the subject parcels are enrolled in the Williamson Act. The appraisal must gather, discuss and consider the influence of all land use regulations and any tax exemptions affecting the subject. The proposed project would place a seepage easement on most, or all, of the farmable orchard land.
Legal Description
Before Acquisition: The legal description of the proposed acquisition area is included in the statement of work as an exhibit attachment.After Acquisition: The area is the same as the preceding areas but includes only a portion of the rights thereon.
Acquisition: The acquisition area is the same as the preceding areas but includes only a portion of the rights thereon.
Larger Parcel
As noted elsewhere the ownership was created with the purchase in 2014 and included three Madera County Assessor’s Parcel Numbers, 041-130-001, 041-130-002 and 041-190-001. The preliminary title report dated May 6, 2021 attached to this SOW, contained legal descriptions and exceptions for APNs 041-130-002 and 041-190-001. Other parcels included in the larger parcel must also be adequately identified in the appraisal.
The appraiser must conduct all research necessary for a well-supported larger parcel conclusion consistent with UASFLA sections 1.2.7.3.1, 1.4.6, and 2.3.3.1.2. Upon completion of the highest and best use and the larger parcel analysis sections of the report, notify the AVSO review appraiser and forward those sections for discussion prior to finalizing the rest of the appraisal.
Property Interest
The appraiser must immediately notify the AVSO review appraiser of any indications of rights contrary to these described. This may result in amended instructions.
140D0422Q0355 014
The appraisal requires market value estimates of a fee simple interest, subject to any existing encumbrances and reservations of record before a seepage easement and after as encumbered by the seepage easement in perpetuity. Because the landowner currently holds all the rights that will remain in the after valuation, it does not require a hypothetical condition. See the Outstanding Rights section below for encumbrances or reservations known to exist at the time of writing this statement of work. The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
The appraiser must immediately notify the AVSO review appraiser of any indications of rights contrary to these described. This may result in amended instructions. The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
Outstanding Rights:
A preliminary title report prepared dated May 6, 2021 is provided. The title report contains numerous exceptions that the appraisal must consider and discuss regarding each respective influence on value of the subject. The appraiser is responsible for discovering and verifying outstanding rights as of the date of valuation, including any not reflected in the preliminary title report.
Reservations:
In the after condition, limited specified agricultural and farmstead uses are reserved as stated in the draft seepage easement document provided with this statement of work. Remaining rights of use with the seepage easement in place is anticipated to lower intensity of feasible agriculture use of the subject. The after-condition appraisal should include consideration of possible mitigation opportunities (such as installation of interceptor lines) as an alternative to a change in farming intensity.
Resource Minerals:
Regarding APN 041-190-001, one half interest to all gas, oil and associated hydrocarbon substances and other minerals of every kind are separated held by others as recorded in Madera County Record, volume 830, page 389. No mineral rights regarding APN 041-130-002 are separated from the fee interest estate. An AVSO-DME official stated prior mineral reporting in the area has determined that mineral development potential is generally low. There are no recognized mineral valuation issues.
Water Rights:
The subject benefits from groundwater as the only defined water source. The appraisal must consider and describe the Sustainable Groundwater Management Act (SGMA), identify the subject’s Groundwater Sustainability Agency (GSA) and current status regarding the agency’s submitted Groundwater Sustainability Plan (GSP) along with any decisions regulating groundwater extraction on the subject property.
Personal Property
The appraisal should exclude any personal property.
Property Access
Physical: Yes, as described in the property description above.
140D0422Q0355 015
Legal: Yes, as described in the property description above.
Environmental Conditions
There are no known detrimental environmental conditions.
Property Owner A preliminary title report will be provided with the award package to the selected appraiser that will identify the property owners.
Occupant/Tenant
The property is reported to be an owner-operated almond orchard. There are no known leases.
Owner Contact Information Project contact information will be provided with the award to the selected appraiser.
Provided Subject Property Exhibits
The following subject property exhibits will be provided as attachments to the solicitation:
1. Vicinity Map_Case# 00011298
2. Access Map_Case# 00011298
3. Aerial Map Constructed Features_Case# 00011298
4. APN_Map_Detail_Case# 00011298
5. Farmable Acres_Case# 00011298
6. PGs by Flow Priority 20181210_Case# 000112989
7. Hydrographs Packet
8. Seepage Easement_Redacted PI_Case# 00011298
9. Legal Description Exhibit A and B_Redacted PI_Case# 00011298
The following additional exhibits will be provided only to the winning bidder after contract award:
A. Preliminary Title Report with Reference Documents_Case# 00011298 B. Vesting Deed_Case# 00011298 C. PRD Guidance – Valuing Improvements in Partial Acquisitions D. Preliminary Title Report Updated 05-06-2021-Case# 00011298 E. Exceptions Map_Case# 00011298 F. Ownership Map_Case# 00011298 G. Property Inspection Certificate_Case# 00011298 H. Seepage Management Plan – Reach 3 – 4500 cfs local flow – Draft September 2014, C- 23 I. Appraisal Report Outline for Agricultural Properties J. Project Contact Information_Case# 00011298
SECTION 2 – Appraisal Requirements & Instructions
Appraisal Standards The appraisal must conform to the following appraisal standards:
• Uniform Standards of Professional Appraisal Practice (USPAP), 2018-2019 edition
140D0422Q0355 016
• Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA), 6th Edition
Applicable Law, Regulation, and Policy
The appraisal must conform to the following laws, regulations, and policies:
• Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646) as amended
• Federal Regulations, 49 CFR, Part 24
• Reclamation Public Law 111-11
Market Value Definition
The amount in cash or on terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of the appraisal, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property. [Interagency Land Acquisition Conference, Uniform Appraisal Standards for Federal Land Acquisitions, 6th edition, Section 1.2.4, page 10.]
Date of Value
The date of value is the date of the last property inspection, which must be no later than 30 calendar days prior to the submission of the completed appraisal report, unless the AVSO review appraiser approves in advance other conditions in writing. The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
Extraordinary Assumptions
No extraordinary assumptions are pre-approved for this assignment. If the appraiser determines that extraordinary assumptions are necessary for the completion of the assignment, the appraiser must contact the AVSO review appraiser for prior written approval. If a subsequent use of an extraordinary assumption is approved, the appraisal must note that it may have affected assignment results. The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
Hypothetical Conditions
No hypothetical conditions are pre-approved for this assignment. If the appraiser determines that hypothetical conditions are necessary for the completion of the assignment, the appraiser must contact the AVSO review appraiser for prior written approval. If a subsequent use of a hypothetical condition is approved, the appraisal must note that it may have affected assignment results. The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
Jurisdictional Exceptions
The definition of value describes exposure time as “reasonable.” UASFLA 4.2.1.2 states, “… appraisers should not link opinions of market value for federal acquisitions to a specific exposure time.” This deviates from exposure time requirements in USPAP 1-2(c) and AO 35; therefore, the appraiser should invoke USPAP’s Jurisdictional Exception Rule to comply with the UASFLA.
If the appraiser determines that other jurisdictional exceptions are necessary for the completion of the assignment, the appraiser must contact the AVSO review appraiser for prior written approval. The
140D0422Q0355 017
Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
Legal Instructions
None.
Placement in Report
The appraiser must clearly identify all extraordinary assumptions, hypothetical conditions, and jurisdictional exceptions wherever the final value conclusion is stated, including the Letter of Transmittal and the Summary of Salient Facts. These must also be communicated with any general assumptions and limiting conditions.
Property Inspection
The primary appraiser must inspect the subject’s determined larger parcel property and all the comparable market properties used in the analysis, unless the AVSO review appraiser has approved other conditions in writing. These appraisal instructions are provided during an unprecedented pandemic caused by COVID-19 and may require atypical property inspection methodology. Please contact the review appraiser with explanation of an alternative inspection plan, if a typical appraisal property inspection is altered by COVID-19.
The appraiser must give the property owner, or the owner’s designated representative, an opportunity to accompany the appraiser during the property inspection, and the results of such offer must be stated in the appraisal report certification. [Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970 (PL 91-646) as amended and the Uniform Appraisal Standards for Federal Land Acquisitions, 6th Ed. (Section 2.3.1.4, pages 58)] Prior to the property inspection, the appraiser must notify the Reclamation realty specialist and AVSO review appraiser of the time, as they may wish to accompany the appraiser on the inspection.
Permission to enter upon and appraise the property has been granted. The permission document will be provided along with the award to the selected appraiser.
Pre-Appraisal Meeting
The appraiser may be required to attend a pre-work meeting with the assigned AVSO review appraiser, the Reclamation realty specialist or other bureau representative, and other interested parties. The AVSO review appraiser will coordinate the date and time of the pre-appraisal meeting. At the discretion of the AVSO review appraiser, the pre-appraisal meeting may be conducted telephonically or at the subject property in conjunction with the property inspection.
Controversies/Issues Should the appraiser identify controversies or issues during the assignment that were not previously discussed with the AVSO review appraiser, the appraiser must immediately notify the AVSO review appraiser before proceeding with the assignment. The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
The after appraisal should include consideration of possible mitigation opportunities (such as installation of interceptor lines) as an alternative to a change in farming intensity.
If any significant items of concern are observed during the property inspection, from aerial photographs, or from other materials researched during the appraisal process that were not discussed in the pre-
140D0422Q0355 018 appraisal meeting, the appraiser must contact the AVSO review appraiser before continuing with the appraisal assignment.
General Appraisal Requirements & Instructions
1. The appraiser must hold a valid license as a Certified General Appraiser for the jurisdiction in which the subject property is located and insert a copy of the license within the appraisal. (Valid credentials include those obtained directly from the jurisdiction, those issued under a reciprocity agreement, and/or those characterized as “temporary” under the jurisdiction’s licensing and certification statutes).
2. Include copies of the AVSO statement of work, the engagement letter, and any other assignment instructions in the addenda to the appraisal report.
3. All appraisals complying with UASFLA must conform to the sequence and content outlined in UASFLA, Appendix A, B, C and D.
4. UASFLA (Page 56) states that a report prepared in accordance with UASFLA Sections 2.3, 2.4, and 2.5 is consistent with or exceeds the requirements for an appraisal report under Standard 2 of
USPAP.
5. The appraisal report content should rely on the “UASFLA Checklist” provided by AVSO.
6. The appraiser must appraise the subject property in its condition as of the effective date of value, unless authorized in writing by the AVSO review appraiser to do otherwise.
7. Color photographs and maps of comparable properties shall be included in the appraisal report.
OVS will accept aerial photographs for comparable properties, unless the aerial photographs do not accurately represent the property as of the date of inspection. The appraiser must photograph any unusual property features from the ground. The appraisal report will be reviewed for compliance with the terms of this statement of work (including all cited standards). Any findings of inadequacy will require clarification and/or correction.
8. The appraiser must consider the appraisal report and all DOI internal documents furnished to the appraiser to be confidential. Refer all requests for information concerning the appraisal process to the AVSO review appraiser.
9. AVSO will not normally accept custody of confidential or proprietary information. Should the appraiser find it necessary to rely on confidential or proprietary information, then the appraiser must contact the AVSO review appraiser for instructions prior to delivering the initial appraisal report.
10. While the public is not an intended user of the appraisal report, the Freedom of Information Act
(FOIA) and bureau policy may result in the release of all or part of the appraisal report to others.
11. If the appraiser has performed any services regarding the subject property within the three prior years, then the appraiser must disclose the extent of the service in the engagement letter response.
140D0422Q0355 019
Special Appraisal Instructions
1. Even though communication is encouraged with the USBR, only the AVSO review appraiser can modify appraisal instructions. Any modifications must be in writing.
2. The appraiser may not communicate assignment results to any party, except the AVSO review appraiser, until authorized to do so in writing by AVSO.
3. Any communication (verbal or written) that the appraiser transmits to a USBR representative, must include the AVSO review appraiser.
4. This statement of work has been prepared during the COVID-19 pandemic. Market impacts may vary by property type, but potential exists for significant changes to real property values. For this reason, the appraisal must include a thorough market analysis available at the effective date in support of market condition adjustments or no adjustments if warranted. As applicable, this analysis can include interviews with real estate market participants (such as brokers, lenders, buyers, sellers), economic trends in the market sector and location, listing and sales activity or non-activity, commodity pricing, and changes in the financial markets.
SECTION 3 – Performance & Submission Requirements
The appraiser must address any questions regarding appraisal instructions and/or technical requirements for the appraisal to the AVSO review appraiser. Project contact list of the contract award will identify the AVSO review appraiser and their contact information.
The contractor shall have 75 calendar days from the date of award to deliver the initial appraisal report to the AVSO for review. If it is determined by the contractor that a performance period of 75 days is not a realistically feasible, it is the offeror’s responsibility to have provided an alternative delivery date for consideration with their quote, not to exceed 90 days from the time of award.
The appraiser will deliver an initial PDF version of the appraisal to the AVSO review appraiser for review. After revising deficiencies noted by the AVSO review appraiser, upon the reviewer’s direction, the appraiser will deliver a final PDF and three signed paper copies to the AVSO review appraiser.
Deliverable/Task Schedule
REQUIRED DELIVERABLES DELIVERY DATE
Pre-Work Meeting Pre-work meeting must occur by conference call with case team members through MS Teams within 10 days of the award.
Subject Property Inspection Coordinate with the property representative, the realty specialist, AVSO review appraiser.
Initial Appraisal Report Target is 75 Days from contract award date.
Review Period & Comments Provided to Appraiser
Target is 20 Days after the date the initial appraisal is received.
Final Appraisal Report Target is 15 Days after final review comments are provided for revisions.
(END OF STATEMENT OF WORK)
140D0422Q0355 020
CONTRACT CLAUSES
52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov
52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2021) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)
(End Clause)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Jan 2022)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
140D0422Q0355 021 https://www.acquisition.gov/ https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).
__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (13) [Reserved] X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2021) of 52.219-9.
__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s).
__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).
X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).
X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).
X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
140D0422Q0355 022 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3…
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