Sol_140D0422Q0868.pdf

(x)

140D0422Q0868 x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Herndon VA 20170

D55

Suite 4000 381 Elden Street Acquisition Services Directorate Interior Business Center, AQD

08/29/2022

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

08/29/2022

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

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 Appraisal Services For:

1. Agency Case ID: 00160836, AVIS Number: F220065, Case Name: FHLCA Tract F220065, Location: Flint Hills Legacy Conservation Area, Wabaunsee Co. Kansas

2. Agency Case ID: 00160837, AVIS Number: F220066, Case Name: FHLCA Tract F220066, Location: Flint Hills Legacy Conservation Area, Geary Co, Kansas

3. Agency Case ID: 00160887, AVIS Number F220092, Case Name: FHLCA Tract F220092, Location: Flint Hills Legacy Conservation Area, Chase and Butler Counties, Kansas

4. Agency Case ID: 00160916, AVIS Number F220110, Case Name: FHLCA Tract F220110, Location: Flint Hills Conservation Area, Geary County, Kansas

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Debra Slasor

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 96

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140D0422Q0868

5. Agency Case ID: 0016097, AVIS Number

F220125, Case Name: FHLCA Tract F220125, Location: Flint Hills Conservation Area, Wabaunsee County, Kansas

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

TABLE OF CONTENTS

INSTRUCTIONS TO OFFERORS……………………………………………………………4

SOLICITATION/AWARD PROCEDURES 4

ANTICIPATED AWARD TYPE 4

SERVICE AND SUPPLIES 4

DELIVERY/PERIOD OF PERFORMANCE 4

LINE-ITEM PRICING 4

GENERAL REQUIREMENTS 5

TECHNICAL QUALIFICATION FOR REQUIREMENT………………………………………5

FAR 52.212-2 EVALUATION OF QUOTES……………………………………………………6

STATEMENTS OF WORK…………………………………………………………………….7

CONTRACT CLAUSES………………………………………………………………………..54

CONTRACT PROVISIONS……………………………………………………………………63

Attachments……………………………………………………………………………………...83

INSTRUCTIONS TO OFFERORS

Property Description 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 Appraisal Services For:

1. Agency Case ID: 00160836, AVIS Number: F220065, Case Name: FHLCA Tract F220065, Location:

Flint Hills Legacy Conservation Area, Wabaunsee Co. Kansas

2. Agency Case ID: 00160837, AVIS Number: F220066, Case Name: FHLCA Tract F220066, Location:

Flint Hills Legacy Conservation Area, Geary Co, Kansas

3. Agency Case ID: 00160887, AVIS Number F220092, Case Name: FHLCA Tract F220092, Location:

Flint Hills Legacy Conservation Area, Chase and Butler Counties, Kansas

4. Agency Case ID: 00160916, AVIS Number F220110, Case Name: FHLCA Tract F220110, Location:

Flint Hills Conservation Area, Geary County, Kansas

5. Agency Case ID: 0016097, AVIS Number F220125, Case Name: FHLCA Tract F220125, Location:

Flint Hills Conservation Area, Wabaunsee County, Kansas

SOLICITATION/AWARD PROCEDURES

This Request for Quote (RFQ) is issued in accordance with FAR Part 12 - Acquisition of Commercial Products and Commercial Services and FAR Part 13 - Simplified Acquisition Procedures.

ANTICIPATED AWARD TYPE

Total Small Business Set-Aside NAICS Code: 531320; for Offices of Real Estate Appraisers.

PSC: R411; Support-Professional: Real Property Appraisals Type of Contract: Firm-Fixed-Price (FFP)

SERVICE AND SUPPLIES

Requirement are provided in the Statements of Work (below).

DELIVERY/PERIOD OF PERFORMANCE

The target period of performance 295 days from the date of award. See Requirement Deliverable/Task Schedule specified in Section 3 of the SOWs.

LINE-ITEM PRICING

CLIN Description Total

Price

00010 Appraisal Services For:

1. Agency Case ID: 00160836, AVIS Number: F220065, Case Name: FHLCA Tract F220065, Location: Flint Hills Legacy Conservation Area, Wabaunsee Co. Kansas

2. Agency Case ID: 00160837, AVIS Number: F220066, Case Name: FHLCA Tract F220066, Location: Flint Hills Legacy Conservation Area, Geary Co, Kansas

3. Agency Case ID: 00160887, AVIS Number F220092, Case Name: FHLCA Tract F220092, Location: Flint Hills Legacy Conservation Area, Chase and Butler Counties, Kansas

4. Agency Case ID: 00160916, AVIS Number F220110, Case Name: FHLCA Tract F220110, Location: Flint Hills Conservation Area, Geary County, Kansas

5. Agency Case ID: 0016097, AVIS Number F220125, Case Name: FHLCA Tract F220125, Location: Flint Hills Conservation Area, Wabaunsee County, Kansas

As a 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)

• Unique Entity Identifier (UEI) *UEI replaces DUNS on April 4, 2022

• 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 the following technical, past performance and price information:

FACTOR A – TECHNICAL QUALIFICATIONS

a. State Certification: The Offeror must hold a current valid Certified General Appraiser’s License in the State of Kansas or have the ability to obtain a temporary practice Certified General Appraiser’s License for the State of Kansas. 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.

Technical Acceptability

b. 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. General appraisal experience demonstrating geographic and technical competence.

ii. Experience in the appraisal of conservation easements.

iii. Experience in UASFLA (“Yellow Book”) compliant appraisals will be considered but is not required (summarize your experience).

iv. Successful completion of a course in UASFLA (“Yellow Book”), as demonstrated by an affirmative statement to that effect, including the year of completion of the course, will be considered, but is not required (summarize your experience).

v. A professional appraisal designation, as demonstrated by submission of a copy of a certificate will be considered but is not required for this assignment.

c. 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 must be provided for each individual. Those qualifications will be considered in the evaluation of proposals, with consideration given to professional designations and licenses, years of appraisal experience, and extent of education applicable to the appraisal of rural real estate. An expanded description of these is recommended and may be included in the proposal. Sub- f this assignment is not permissible.

FACTOR B – PAST PERFORMANCE/INITIAL DELIVERY DATE

Past Experience

a. Submit a list of three (3) UASFLA (“Yellow Book”) compliant appraisal assignments that you have performed in the last five years in Kansas (preferably reflecting experience in the appraisal of conservation easements on agricultural tracts) and provide contact information for the government reviewer who approved them. If you cannot provide a list of “Yellow Book” compliant appraisal assignments, submit a list of the same or similar USPAP projects that you have performed in Kansas in the last three (3) years. Please include:

• Type of property

• Location of property (approximate distance from nearest community)

• Size of property (acres)

• Date of value (month and year)

Initial Delivery Date

a. The Targeted Period of Performance for the delivery of the initial appraisal reports for the initial he AVSO Review Appraiser is 120 calendar days or less from the date of the contract.

Early delivery is preferable.

FACTOR C – 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).

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: Technical, Past Performance, and Price.

Technical 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 number, a Unique Entity Identifier (UEI) and be registered in www.SAM.gov prior to submission of quotation. **Note, the UEI replaces the DUNS number on April 4, 2022.

SUBMISSION OF QUOTE

Submissions of Quote to this RFQ shall be sent to Debra Slasor, Contracting Officer, via email at Debra_Slasor@ibc.doi.gov, on or before 5pm Eastern Standard Time, September 5, 2022. All submissions shall reference “Quote – 140D0422Q0868—Flint Hills” and include in the subject line.

SUBMISSION OF QUESTIONS

Submissions of Questions to this RFQ shall be sent to Debra Slasor, Contracting Officer, via email at Debra_Slasor@ibc.doi.gov, on or before 5pm Eastern Standard Time, September 2, 2022. All submissions shall reference “Quote – 140D0422Q0868—Flint Hills” and include in the subject line.

http://www.sam.gov/

STATEMENT OF WORK (SOW)

Office of Valuation Services

Agency Case ID 00160836

AVIS Number F220065

SECTION 1 – Subject Identification & General Information Identification Case Name FHLCA Tract F220065 Location Flint Hills Legacy Conservation Area, Wabaunsee Co., Kansas Acreage 640± Acres – Proposed Conservation Easement Property Type Non-Federal Vacant Land Case Type Partial Acquisition - Conservation Easement Acquisition (Before & After Appraisal)

Client U.S. Department of Interior, Appraisal and Valuation Services Office (AVSO)

Intended Users The intended users of the appraisal report are the Client and U.S. Fish and Wildlife Service (FWS) on behalf of the United States of America

Intended Use The appraisal report will be used by FWS in negotiating the proposed acquisition of certain rights as identified in a perpetual Grant of Easement for Wildlife Habitat Conservation (Proposed CE will be provided to the Appraiser awarded the contract) on 640 ± contiguous acres. The appraisal will provide an estimate of the market value of the whole property before the proposed CE, and the market value of the remainder property after imposition of the proposed CE. It is not intended for any other use.

The “difference” between the before and after values is also reported in a partial acquisition. The conservation easement itself is not specifically appraised. Appraisers should note that this methodology constitutes two separate valuations within the same assignment. (Uniform Appraisal Standards for Federal Land Acquisition (UASLFA) Sections 1.2.7.3.4, 1.7, & 4.6.5) NOTE: In the event that FWS acquires the conservation easement via a bargain sale and the landowner elects to claim a charitable contribution for income tax purposes, the landowner will be required to obtain a qualified appraisal for IRS purposes. It will constitute a new appraisal assignment. The landowner will be fully responsible for the contracting and payment of said appraisal for income tax purposes under a private agreement with an Appraiser of their choice. AVSO will have no responsibility for/involvement in any such separate appraisal assignment

Property Description The Proposed CE covers 640 ± acres of vacant grazing land composed of two contiguous tracts located in the Flint Hills Legacy Conservation Area (in southwest Wabaunsee County, Kansas), approximately 1.4 miles east of Alta Vista. Cover characteristics include rolling grassland and pasture with scattered trees areas along the tributaries for Branch Mill Creek. Reportedly there is perimeter fencing on the property.

The property is surrounded by private lands in similar use. It was transferred to the current owner on June 21, 2021, via Trustee’s Deed (Details of transfer and deeds will be provided to appraiser upon contract award). The property has historically been leased for grazing, though there are currently no reported lease agreements. The subject is not currently listed for sale. The property has not been appraised by FWS or AVSO in the past 5 years.

Minerals:

In the subject property’s most recent conveyance (Trustee’s Deed dated June 17, 2021, Book: R254 Page:

118, included in award package), the legal description states that the conveyance is made “subject to outstanding mineral rights that have been severed”. The severed mineral rights are not specified, and the provided title commitment is silent regarding outstanding mineral rights. Therefore, the appraisal is to be conducted as though mineral rights are intact and there is clear title to the property (See EA #2 on page 8).

Per AVSO Division of Mineral Evaluation (DME) the subject property is outside of any known hydrocarbon or mineral producing area. Datasets such as USGS’s Mineral Resource Data System, local aerial imagery (Google Earth, Digital Globe), and IHS Enerdeq were reviewed for relevant mineral information. DME has concluded that there are no recognized mineral development or mineral valuation issues.

Legal Description for Proposed CE NOTE: The Legal Description and acreage of the proposed CE area have been estimated by FWS and are provided for Appraisal Purposes Only. The full legal descriptions must be made a part of the appraisal report. It should be included in the body of the report.

Township 13 South, Range 9 East, 6th Principal Meridian, Wabaunsee County, Kansas Section 31:

E½, and Section 32: W½ Containing 640 acres, more or less.

Property Interest FWS has provided ALTA Title Commitment #26351 dated November 8, 2021 (a copy of the title commitment and all associated exception documents will be provided to the appraiser upon contract award).

The property rights to be appraised in the “Before” condition is the Fee Simple Estate subject to the exceptions noted in Schedule BII of ALTA Title Commitment #26351 (issued November 8, 2021) by Fidelity National Title Insurance Company, including typical easements along the south boundary for Cable City Road ROW and utilities, and private access easements as described in title exceptions 9 and 10.

The property rights to be appraised in the “After” condition is the Fee Simple Estate subject to the exceptions noted in Schedule BII of Alta Title Commitment #26351 (issued November 8, 2021) by Old Republic National Title Insurance Company, including typical easements for Cable City Road ROW and utilities along the southern boundary, private access easements through the property as described in title exceptions 9 and 10, along with the terms and conditions of a perpetual Grant of Easement for Wildlife Habitat Conservation encumbering 640 ± acres (a draft of the proposed CE document will be provided to the Appraiser awarded the contract).

The proposed CE allows the maintenance and repair of all existing structures, including the replacement of building of the same size and substantially same location. This includes dwellings and associated buildings, as well as agricultural buildings and associated agricultural support facilities (irrigation ditches, stock ponds, etc.). New agricultural buildings and/or structures may be constructed at mutually agreed upon locations, provided that such activity does not create or cause long-term impairment to the prairie, associated wetlands, or wildlife habitat. Grazing is allowed, along with the installation of temporary, single-strand electric fencing provided that it is removed within 90 days of installation. New roads and trails may be maintained, repaired, and replaced without prior approval, while any new roads or trails may be built with prior approval.

Hunting and fishing is permitted, as is the harvest of seed and grasses for hay production. Division of the property into two parcels that are at least 320 acres is allowed. In addition, undivided interests in the property may also be conveyed or sold, and such owner of the undivided interest shall not have a right of exclusive occupancy or use of the property.

The Proposed CE prohibits draining of wetlands, excavating/disking, plowing, filling, confinement structures, construction of commercial energy facilities; no new exploration, developing or extracting minerals, hydrocarbons or sand/gravel that will disturb the surface is permitted (subject to all prior leases and outstanding mineral and royalty rights vested in third parties). In addition, broadcast application of chemical treatment is prohibited, as is farming/crop production including, but not limited to corn, bean, wheat, fescue, brome and

FHLCA Tract F220065 U.S. Fish & Wildlife Service July 29, 2022, Flint Hills Legacy Conservation alfalfa, and planting, over seeding or interseeding of trees, non-native grasses, or other non-native plant species.

NOTE: The encumbrance of the proposed CE in the “After” condition is an assignment condition, not an authorized Hypothetical Condition.

The After condition may be based on the extraordinary assumption that the draft conservation easement deed will be identical to the recorded conservation easement deed (see EA #1 on page 8). If the conservation easement deed is recorded prior to the report date of the appraisal it will be provided.

Any information developed by the appraiser, or observations that are found to be contrary to the described property rights must immediately be brought to the attention of the AVSO Review Appraiser as a request for possible 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, Reservations and Right of Ways FWS has provided Alta Title Commitment #26351 dated November 8, 2021. The outstanding rights are the easements for Cable City Road ROW and utilities along the southern boundary, and the outstanding rights/exceptions indicated in Schedule BII of Alta Title Commitment #26351 (issued November 8, 2021) by Fidelity National Title Insurance Company. Verification with the property owner is advised and notification of AVSO Review Appraiser is required should any significant outstanding rights or reservations be discovered by the Appraiser during the course of the assignment. Any recorded or unrecorded documents, conditions, agreements, easements and/or encumbrances discovered must be identified and discussed in the appraisal report in relation to their impact on value.

NOTE: Ownership of the mineral rights is uncertain (See EA #2 regarding property rights).

Additional Outstanding Rights noted in Request Package:

• Subject to and together with an Agreement for roadway through the E1/2 31-13-9 recorded in Misc. Vol. 9, page 331 dated August 15, 1910, and filed of record on May 19, 1932. This agreement is also mentioned in Exception 10, recorded as Record 26 page 383 dated June 29, 1932. Both records describe an access easement along the west boundary of the property being the north south centerline of Section 31. There is an additional easement described in Section 30, however, that access easement is not on the subject property. In addition to the easement across the subject, the subject property owner has the benefit of an access easement north through Sections 30 then 19 north to an access road now known as “Old K-10 Road” described in the deed as “Kietzmann Road”. While these access easements represent legal access, there does not appear to be a physical road currently associated with the easement on Section 30 or 31.

The appraiser should confirm this through the property owner and through physical inspection.

• Terms and Conditions of yet to be recorded Conservation Easement Deed (in the AFTER condition).

Personal Property None Property Access Legal and physical access is available via public road (Cable City Road along the southern boundary). In addition, the subject property has legal access through the neighboring properties to the north to “Kietzmann Road”, now known as “Old K-10 Road”. There does not appear to be a physical road through the entire access easement. The neighboring property to the north also has a legal access easement along the west boundary of the subject property connecting it to Cable City Road. There also does not appear to be a physical road along this easement. The appraiser should confirm this.

Larger Parcel The Proposed CE covers 640± acres in two contiguous tracts. The landowners appear to have ownership in LLCs on other noncontiguous holdings outside this immediate location. The Appraiser is encouraged to research ownerships that may have an impact on the Larger Parcel analysis.

The Appraiser must conduct all research necessary for a well-supported Larger Parcel(s) conclusion presented in the appraisal. As the Appraiser, you must identify a larger parcel (or potentially multiple larger parcels) which satisfies the tests of title, unity of highest and best use, and contiguity as it relates to highest and best use with UASFLA, Sections 1.2.7.3.1., 1.4.3 – 1.4.7., 4.3.3 – 4.3.4.5. and 4.6.1.1. Section 2.3.3.1.2 of UASFLA requires that the Appraiser must describe the factual basis and analysis that led to the larger parcel determination and the determination itself be reported. The larger parcel analysis is considered an integral part of the highest and best use analysis. The highest and best use analysis is to be comprehensive, reasonable, and thoroughly supported.

It is ultimately the Appraiser’s responsibility to identify any and all lands having unity of ownership in conjunction with unity of highest and best use for the purposes of determining the larger parcel(s).

The Appraiser is to notify the AVSO Review Appraiser in advance concerning any preliminary larger parcel determination issues. Communication between the Review Appraiser and the Appraiser is essential since the Appraiser’s larger parcel conclusion may require a modification of the appraisal assignment.

Ownership/Occupant This information will be provided to the Appraiser upon contract award.

Tenancies Information provided by USFWS indicates that there are no grazing leases and/or rental agreements for the property. (Appraiser should confirm with landowner whether there are any leases and/or rental agreements on the property).

Owner Contact Information The Project Contact Information in the contract award will provide owner contact information to the Appraiser upon award.

Provided Subject Property Exhibits The following Subject Property Exhibits are being provided as attachments to this contract solicitation:

1. FHLCA Tract F220065 – Location Maps and Aerials (x3)

The following additional Exhibits will be provided only to the Appraiser awarded the contract:

2. FHLCA Tract F220065 – Deeds

3. FHLCA Tract F220065 – Commitment for Title & Exception Documents

4. FHLCA Tract F220065 – Draft Conservation Easement Deed

5. FHLCA Tract F220065 – Parcel Ownership Information

6. FHLCA Tract F220065 – Permission to Inspect and Appraise

SECTION 2 – Appraisal Requirements & Instructions Appraisal Standards

1. Uniform Standards of Professional Appraisal Practice (USPAP)

2. Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA 6th edition, 2016)

3. Uniform Relocation Assistance and Real Property Acquisition and Real Properties Act of 1970 (PL91-

646) as amended; Federal Regulations (49 CFR Part 24)

Market Value Market value is 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 value, 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 (The Appraisal Foundation, 2016), p.10.]

Date of Value The date of value is the date of the last property inspection.

Extraordinary Assumptions (EAs) EA #1 - Draft Conservation Easement Deed: The After condition may be based on the extraordinary assumption that the draft conservation easement deed will be identical to the recorded conservation easement deed. If the conservation easement deed is recorded prior to the report date of the appraisal it will be provided.

EA #2 - Property Rights: It is noted that a title commitment was provided for this assignment, however, the legal description in Trust Deed Book: R254 Page: 118, dated June 17, 2021, states that the conveyance is made subject to outstanding mineral rights that have been severed. The severed mineral rights are not specified. The Fidelity National Title Insurance Company Title Commitment dates 11/08/2021, file number 26351, provided by Fish and Wildlife Service (FWS) is silent as to any outstanding mineral rights making the status of the mineral estate uncertain. The AVSO client, FWS, has requested that I assume there is clear title to the property being appraised and that there are no encumbrances or restrictions (including mineral or other reservations) that could materially affect value. Use of this statement is consistent with FWS policy. A change in the estate appraised, when final title is obtained, could require an amendment of the appraisal or re-appraisal of the property so that the estate appraised matches the estate to be transferred.

The Appraiser may not assume or invoke any EA’s without documented prior written approval. If the Appraiser determines that any additional EA’s are necessary for the completion of the assignment, he/she must contact the AVSO Review Appraiser for prior written approval (UASFLA, Section 1.2.7.1). 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 (HCs) None. The Appraiser may not assume or invoke HCs without documented prior written approval from the AVSO Review Appraiser. 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 (JEs) The only JE that is authorized for use is in regard to the definition of market value and the development and reporting of a reasonable exposure time linked to the value opinion. Contrary to USPAP, Section 1.2.4. (and 1.2.7.2. and 4.2.) of the Uniform Appraisal Standards for Federal Land Acquisition states that opinions of market value linked to a specific exposure time and marketing time “… are not appropriate for just compensation purposes, and must not be included in appraisal reports prepared under these Standards.” Because the Appraiser is performing the appraisal in compliance with UASFLA, the Jurisdictional Exception Rule is being invoked. Sections 1.2.4, 1.2.7.2 and 4.2. of UASFLA provide the legal authority for invoking the Jurisdictional Exception Rule to void Standard Rules 1-2(c) and 2-2(a) (v) of USPAP.

If the Appraiser believes that USPAP’s Jurisdictional Exception Rule needs to be invoked to comply with any additional law or UASFLA regulation, he/she must contact the AVSO Review Appraiser to obtain prior written approval. 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.

Placement in Report The Appraiser must clearly and conspicuously state all Extraordinary Assumptions, Hypothetical Conditions (including a statement that their use might have affected the assignment results), 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 Appraiser must inspect the subject property and all the market properties used in direct comparison, unless the AVSO Review Appraiser has approved other conditions in writing (UASFLA Section 1.2.6.3.).

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.

For appraisals with an intended use of acquisition or exchange, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646) as amended and the Uniform Appraisal Standards for Federal Land Acquisitions (Section 1.2.6.4), require the Appraiser to offer the property owner and/or the owner’s representative an opportunity to accompany the Appraiser during the property inspection. The Appraiser must certify in the report that such an offer was extended (UASFLA Section 2.3.1.4.).

Permission to enter upon and appraise the property has been granted and the landowner representative would like to be contacted regarding the opportunity to accompany the Appraiser on the inspection. The permission document will be provided to the Appraiser awarded the contract. You must notify the AVSO Review Appraiser in advance of when the property inspection will occur.

Pre-Work Meeting The Appraiser will be required to attend a pre-work meeting (via phone) with the assigned AVSO Review Appraiser. The date and time of the meeting will be coordinated by the AVSO Review Appraiser and the Appraiser.

Controversies/Issues No controversies/Issues have been identified. Should appraiser identify controversies or issues during the course of assignment, he/she must immediately notify the AVSO Review Appraiser. 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.

Legal Instructions None

Special Appraisal Instructions

1. Even though communication is encouraged with the property owner and the client agency, only the assigned AVSO Review Appraiser, in conjunction with the AQD Contracting Officer, can modify appraisal instructions (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.

2. The Appraiser may not communicate assignment results to any party except AVSO until authorized to do so in writing by AVSO.

3. Any communication (verbal or written) with the Client Agency Realty Contact shall include the assigned AVSO Review Appraiser.

4. This statement of work (SOW) has been prepared during the COVID-19 pandemic. Market impacts may vary by property type, geographic location, etc., but potential exists for significant changes to real property values. For this reason, the appraisal must include a thorough market analysis, based upon the data available as of the effective date of value, in support of market condition adjustments or no adjustments, as 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. The market research, analysis and rendered value opinion for this appraisal assignment is to be based upon the data available as of the effective date of value. In the wake of social, financial, and real estate market impacts caused by the COVID-19 pandemic, the appraiser is responsible for recognizing, researching, analyzing, and reporting measurable economic impacts affecting market value (if any) as of the effective date of the appraisal.

General Appraisal Requirements & Instructions

1. The appraisal is to be documented in an “Appraisal” reporting format (USPAP Standard 2-2 (a)).

UASFLA page 56, Section 2.2 states that a report prepared in accordance with UASFLA reporting formats set forth under sections 2.3, 2.4 and 2.5 (Appendix B, C, and D) are consistent with and/or exceed the requirements for an appraisal report under Standard 2 of USPAP. All appraisals complying with UASFLA should reasonably conform to the report formatting outlined in UASFLA, (Sections 2.3., 2.4., 2.5., and Appendix A, B, C and D).

2. The Appraiser must hold a valid license as a Certified General Appraiser for the jurisdiction in which the subject property is located. (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.)

3. The Appraiser’s Scope-of-Work must result in credible assignment results for the intended use.

4. The opinion of current market value may not be predicated upon potential highest and best uses that are speculative or conjectural. A proposed highest and best use requires showing reasonable probability that the land is both physically adaptable for such use and there is an economic need or demand for such use in the reasonably near future. The Appraiser’s conclusion of highest and best use must be an economic use. A non-economic highest and best use, such as conservation, natural lands, preservation, or any use that requires the property to be withheld from economic production in perpetuity, is not a valid use upon which to estimate market value (UASFLA Sections 4.3 – 4.3.2.4).

5. Documentation of the comparable sales and other market data utilized in the appraisal must comply with reporting requirements of UASFLA Sections 2.3.1.6., 2.3.3.2.1., 2.3.3.4., and the Uniform Relocation Assistance & Real Property Acquisition Policies Act 1970. For instance, the latter requires “A description of the comparable sales, including a description of all relevant physical, legal and economic factors such as parties to the transaction, source and method of financing, and verification by a party involved in the transaction.” Color photographs and maps of comparable properties shall be included in the appraisal report. AVSO 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.

6. If sales to governmental entities, including sales to non-profit entities with the intention of transferring the sale property to a governmental entity, are included in the appraisal report, they are subject to extraordinary verification and treatment. They must be documented in accordance with the guidelines found in UASFLA Sections 1.5.2.4 and 4.4.2.4 and Appendix E. Each of the items of Section 1.5.2.4/Appendix E must be specifically addressed when communicating the confirmation of any government sales.

7. The AVSO Statement of Work, any other written assignment instructions, and page 1 and 2 of the contract award document must be included within the Addenda to the appraisal report. 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 appraise the subject property in its “As Is” condition unless otherwise instructed herein or authorized in writing by the AVSO Review Appraiser to do otherwise.

9. The preferred method of adjusting comparable sales is through supported quantitative adjustments (percentage, $/acre, etc.); qualitative adjustments (similar, inferior, or superior) are only to be used when the market variables cannot be quantified. Quantitative adjustments without support are unacceptable. When the Appraiser must resort to qualitative analyses, support that is more extensive and discussion of the Appraiser’s reasoning why a comparable sale is similar, inferior, or superior to the subject property is required. All adjustments must be supported by clear, appropriate, and credible analysis based on documented market research. Mere references to undisclosed “trends,” or reliance on the Appraiser’s “opinion” or “judgment” without market support is an unacceptable practice. Market support includes discussions with buyers/sellers, potential investors, brokers, etc. The Appraiser must also recognize that variances in sale prices may be caused by multiple factors and should not over adjust a comparable by double-counting overlapping items (UASFLA Sections 1.5.2.3., 2.3.3.4., and 4.4.2.2.).

10. The Unit Rule (UASFLA Sections 1.2.7.3.2., 1.10.1., 4.8.1., 4.12., and 4.2.2.) also states that different elements or components of a tract of land are not to be separately valued and added together. For example, the value of timber, as an independent component, cannot be added to the value of minerals in the same property as an independent component and this sum further added to the value of the land. Such a procedure results in a summation or cumulative appraisal which is forbidden in appraisals for federal acquisitions, as it is in general real estate appraisal practice. The summation appraisal is an invalid procedure because the entire unit is being sold in its entirety, not as separate parts individually. In discussing the separate elements of the property in the appraisal report, Appraisers should always clearly state that these elements were considered with respect to their enhancement of the value of the whole.

11. The Appraiser shall consider the appraisal report and all DOI internal documents furnished to the Appraiser to be confidential. Refer all requests for information concerning the appraisal to the AVSO Review Appraiser.

12. AVSO will not normally accept custody of confidential information. Should Appraiser find it necessary to rely on confidential information, he/she will contact the AVSO Review Appraiser for instructions. The Review Appraiser will view the information and provide further instruction to the Appraiser regarding handling and storage of the confidential information.

13. While the public is not an intended user of the appraisal report, the Freedom of Information Act (FOIA) and Agency policy may result in the release of all or part of the appraisal report to others.

14. If including any proprietary information in the appraisal, Appraiser must gain concurrence from AVSO Review Appraiser and deliver the proprietary information in a separate binder.

15. The Appraiser must indicate whether he/she has (or has not) performed any services, as an Appraiser or in any other capacity, regarding the subject property within the three-year period immediately preceding submitting the bid for the assignment. If a service has been provided regarding the subject property, the service provided must be specified and appropriately disclosed following the direction of the USPAP Ethics Rule, Conduct Section. This disclosure must be made within the bid proposal and noted on the signed certification page of the completed report.

SECTION 3 – Performance & Submission Requirements After contract award, the Appraiser must address any questions regarding appraisal instructions and/or technical requirements for the appraisal to the AVSO Review Appraiser. Contact information will be provided upon award.

NOTE: This appraisal assignment is bundled with four other appraisal assignments located in the Flint Hills Legacy Conservation Area.

The Targeted delivery date for initial appraisal report is 120 calendar days or less from the date of the contract award for the first report, 156 calendar days or less for the second report, 195 calendar days or less for the third report, 225 calendar days for the fourth report, and 260 calendar days or less for the fifth report.

The Appraiser must provide the appraisal services as stipulated in this SOW within the performance period specified, or, with justification for the change, state an alternative period of performance that is appropriate for the stated appraisal fee. NOTE: Preference may be given to the quotes which best meet the stated delivery date.

Delivery/Task Schedule Table:

Deliverable/Task Schedule REQUIRED

DELIVERABLES

DELIVERY DATE

Pre-Work Meeting Via phone, following award, prior to appraisal

Subject Property Inspection To be determined by the Appraiser, and notification of the Review Appraiser is required

Initial Appraisal Reports (pdf versions via email to AVSO Review Appraiser)

Targeted delivery date for initial appraisal report is 120 calendar days or less from the date of the contract award for the first report, 156 calendar days or less for the second report, 195 calendar days or less for the third report, 225 calendar days for the fourth report, and 260 calendar days or less for the fifth report

Review Period & Comments Provided to Appraiser

Target date is 15 days after last appraisal report is delivered to AVSO Review Appraiser

Appraiser Response Period Any corrections/revisions requested must be completed and returned to the AVSO reviewer within 5 days or a total of 15 days in the event of multiple requests for correction or clarification

Final Appraisal Reports (submit one (1) final hard copies of the appraisal report to AVSO Review Appraiser and one final electronic copy of each appraisal report via e-mail in PDF format)

5 days from review being completed submission of one (1) signed and bound hard copies of the appraisal report and one

(1) signed electronic pdf copy of the appraisal reports sent via email

Office of Valuation Services

Agency Case ID 00160837

AVIS Number F220066

SECTION 1 – Subject Identification & General Information Identification Case Name FHLCA Tract F220066 Location Flint Hills Legacy Conservation Area, Geary Co., Kansas Acreage 480± acres – Proposed Conservation Easement Property Type Non-Federal Vacant Land Case Type Partial Acquisition - Conservation Easement Acquisition (Before & After Appraisal)

Client U.S. Department of Interior, Appraisal and Valuation Services Office (AVSO)

Intended Users The intended users of the appraisal report are the Client and U.S. Fish and Wildlife Service (FWS) on behalf of the United States of America

Intended Use The appraisal report will be used by FWS in negotiating the proposed acquisition of certain rights as identified in a perpetual Grant of Easement for Wildlife Habitat Conservation (Proposed CE will be provided to the Appraiser awarded the contract) on 480± contiguous acres. The appraisal will provide an estimate of the market value of the whole property before the proposed CE, and the market value of the remainder property after imposition of the proposed CE. It is not intended for any other use.

The “difference” between the before and after values is also reported in a partial acquisition. The conservation easement itself is not specifically appraised. Appraisers should note that this methodology constitutes two separate valuations within the same assignment. (Uniform Appraisal Standards for Federal Land Acquisition (UASLFA) Sections 1.2.7.3.4, 1.7, & 4.6.5) NOTE: In the event that FWS acquires the conservation easement via a bargain sale and the landowner elects to claim a charitable contribution for income tax purposes, the landowner will be required to obtain a qualified appraisal for IRS purposes. It will constitute a new appraisal assignment. The landowner will be fully responsible for the contracting and payment of said appraisal for income tax purposes under a private agreement with an Appraiser of their choice. AVSO will have no responsibility for/involvement in any such separate appraisal assignment

Property Description The Proposed CE covers 480 ± acres of vacant grazing land composed of two contiguous tracts located in the Flint Hills Legacy Conservation Area (in southern Geary County, Kansas), approximately 6 miles north of White City (Morris County), and 4 miles east of Skiddy (Geary County).

Junction City, the Geary County Seat, is located approximately 13 miles to the north of the property. Cover characteristics include rolling grassland and pasture with five small reservoirs associated with drainages for the West Branch of Davis Creek, which crosses the east boundary of the subject intermittently. Reportedly there is perimeter fencing on the property.

The property is surrounded by private lands in similar use. It was transferred to the current owner on June 1, 1979, via General Warranty Deed (Deed will be provided to appraiser upon contract award). FWS reports that the property is under a year-to-year verbal grazing lease. The subject is not currently listed for sale. The property has not been appraised by FWS or AVSO in the past 5 years.

Minerals: In the subject property’s most recent conveyance (General Warranty Deed dated June 1, 1979, Book: 81 Page: 74), the legal description states that the conveyance is made “subject to easements, reservations and restrictions now of record”. The provided title commitment is silent regarding outstanding mineral rights (See EA #2 on page 8).