Sol_140D0423Q0407.pdf
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- Appraisal Services: Rush Creek Acquisition Federal contract opportunity
- Solicitation number
- 140D0423Q0407
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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
D55
Suite 2000A 381 Elden Street Acquisition Services Directorate Interior Business Center, AQD
CODE 16. ADMINISTERED BYCODE
X
X
X
531320
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORD55
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
03/23/2023 1500 ED
03/15/2023
0000000000Ann Woodall (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140D0423Q0407
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 484 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
Herndon VA 20170
TELEPHONE NO.
17a. CONTRACTOR/
15. DELIVER TO
Herndon VA 20170 Suite 2000A 381 Elden Street Acquisition Services Directorate
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$8.5
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)
Interior Business Center, AQD
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.
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 Agency Case ID: CACA-059883, AVIS Number:
L230002, Case Name: Rush Creek Acquisition.
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
Jacqueline Hernandez
. 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
484 2 of
United States Department of the Interior
INTERIOR BUSINESS CENTER
Washington, DC 20240
TABLE OF CONTENTS
INSTRUCTIONS TO OFFERORS
• SOLICITATION/AWARD PROCEDURES
• ANTICIPATED AWARD TYPE
• SERVICE AND SUPPLIES
• LINE-ITEM PRICING
• GENERAL REQUIREMENTS
• TECHNICAL QUALIFICATION FOR REQUIREMENT
• FAR 52.212-2 EVALUATION OF QUOTES
• SUBMISSION OF INTENT/QUESTIONS/QUOTE
STATEMENTS OF WORK
Federal Acquisition Regulation (FAR) CLAUSES……………………………………………………..41
LOCAL CLAUSES
CONTRACT PROVISIONS
ATTACHMENTS FOR RFQ …………………………………………………………………………………...65
Solicitation – 140D0423Q0407
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 the appraisal report on Agency Case ID: CACA-059883, AVIS Number: L230002, Case Name:
Rush Creek Acquisition.
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 “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 (SOW) (Pages 8 - 40).
DELIVERY/PERIOD OF PERFORMANCE
The target period of performance 135 calendar days from the date of the Purchase Order (PO) award. If the target delivery date is not achievable, then the contractor may provide justification (workload, vacation, etc.) and propose an alternative delivery date. See Deliverable/Task Schedule specified in Section 3 of the SOW.
LINE-ITEM PRICING
CLIN
No. Appraisal Service Description Total Price
00010
• Agency Case ID: CACA-059883
• AVIS Number: L230002
• Case Name: Rush Creek Acquisition
• Location: Lassen County, California
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 one (1) page that includes:
• Tax Identification Number (TIN)
• Unique Entity Identifier (UEI) *UEI replaced 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
FACTOR A: TECHNICAL QUALIFICATIONS
1. State Certification: The appraiser must hold a valid license as a Certified General Appraiser by the State of California as demonstrated by a copy of the State Licensing Certificate or have the ability to 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. (A temporary license must also be provided by the contracted appraiser and included in the addenda of the appraisal report.)
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 offer letter that describes and attests to the following:
1. Identify years of experience appraising comparable tracts of land in rural portions of Lassen
County or similar areas in Northern California or Northern Nevada. Additionally, experience in appraising properties that involve conservation easements is beneficial. If the appraiser has no or limited experience, then submit a description outlining the proposed scope of work.
2. Identify years of experience appraising lands for federal sale or acquisition under UASFLA (Uniform Appraisal Standards for Federal Land Acquisitions) guidelines. If none, please state such.
3. Identify years of appraisal experience as a Certified General Appraiser, professional affiliations, and designations.
4. State whether a UASFLA course or seminar has been completed within the past five years.
Completion of a UASFLA course or seminar will be considered but is not required.
5. A designation from a recognized professional appraisal organization will be considered but is not required. Please submit documentation.
b. Qualifications of Associate Appraisers: Any associates that will contribute to the appraisal must be identified in the quote and a statement of qualifications and copy of license or permit must be provided for each individual. Those qualifications will be considered in the evaluation of quotes, with emphasis on professional designations and license, years of appraisal experience, years of UASFLA appraisal experience, and extent of education applicable to the appraisal of this property type. An expanded description of these qualifications for any associates must be included in the quote. If any associates or other key personnel will be used, provide specific details, and thoroughly describe the roles and contributions for each individual (including the signer). If the quote does not list anyone else as providing assistance, it is expected that the quote is submitted as though the individual contractor is doing 100 percent of the research, verifications, property inspections, valuation analyses, and appraisal writing. Sub-contracting of this assignment is not permissible.
c. Initial Delivery Date: The target date for the initial appraisal report is 75 days from the award of the contract. If the target date is not achievable, then the appraiser may provide an alternative delivery date and the reason for the later delivery. All delivery schedules will be considered.
FACTOR B – PAST PERFORMANCE
1. Past Performance
a) Provide a list of the same or similar appraisal assignments completed in the last five years.
Include details about the appraisal assignments, such as property type, property rights appraised, general location, size, date, etc. Please state whether these appraisal assignments were or were not written with the intention to be compliant with UASFLA. If none completed, please state such.
b) Supply the contact information for government agency references in which UASFLA compliant appraisal reports have been completed for the federal government. If none completed, please state such.
c) Consideration may be given to whether the past performance of the appraiser involved any corrective reviews, report rejections, and significant corrections or revisions in appraisals prepared for the government. Preference will be given to positive past performance with the Appraisal and Valuation Services Office (AVSO).
FACTOR C – PRICE QUOTE
1. 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 Statements of Work.
2. Price quotes will be evaluated for completeness and reasonableness.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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 Purchase Order will be made on a Best Value/Trade Off basis.
The following factors shall be used to evaluate offers: Technical, Past Performance, and 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 Unique Entity Identifier (UEI) and be registered in www.SAM.gov prior to submission of quotation. **Note, the UEI replaced the DUNS number on April 4, 2022.
**SUBMISSION OF INTENT**
The Contractor is requested to notify Ann T. Woodall, Contract Specialist (CS), ann_woodall@ibc.doi.gov and Jacqueline Hernandez, Contracting Officer (CO), jacqueline_hernandez@ibc.doi.gov, via email, of their intent to submit a quote on this order on or before 3:00 PM Eastern Standard Time (EST), March 16, 2023.
SUBMISSION OF QUOTE
Submissions of Quote to this RFQ shall be sent to Ann T. Woodall, CS, via email at ann_woodall@ibc.doi.gov and Jacqueline Hernandez, CO, via email at jacqueline_hernandez@ibc.doi.gov on or before 3:00 PM EST, March 20, 2023. All submissions shall reference “Quote – 140D0423Q0407” and include in the subject line.
SUBMISSION OF QUESTIONS
Submissions of Questions to this RFQ shall be sent to Ann T. Woodall, CS, via email at ann_woodall@ibc.doi.gov and Jacqueline Hernandez, CO, via email at jacqueline_hernandez@ibc.doi.gov, on or before 3:00 PM EST, March 23, 2023. All submissions shall reference “Quote – 140D0423Q0407” and include in the subject line.
http://www.sam.gov/ mailto:ann_woodall@ibc.doi.gov mailto:jacqueline_hernandez@ibc.doi.gov mailto:ann_woodall@ibc.doi.gov mailto:jacqueline_hernandez@ibc.doi.gov mailto:jacqueline_hernandez@ibc.doi.gov
BLM California State Office BLM Case ID: CACA-059883 L230002 Rush Creek Acquisition
AVIS L230002
March 2023
STATEMENT OF WORK
Appraisal & Valuation Services Office
SECTION 1 – Subject Identification & General Information
Identification
Case Name: Rush Creek Acquisition AVIS Case ID: L230002 Agency Case ID: CACA-059883 Location: Rural area of Lassen County, California, next to the Nevada state line
Acreage: The subject property consists of five parcels that range in size from 40.00 acres to 553.04 acres, totaling 793.04 acres
Property Type: Vacant land Case Type: Acquisition
Client: U.S. Department of Interior (DOI), Appraisal and Valuation Services Office (AVSO)
Intended Users:
The appraisal report will be used by the Appraisal and Valuation Services Office (AVSO) and the Bureau of Land Management (BLM) on behalf of the United States of America.
Intended Use: The appraisal report will be used for the potential acquisition of the identified property. It is not intended for any other use.
Property Description The subject property is comprised of five parcels of vacant land located in a rural area of Lassen County, California, next to the Nevada state line, approximately 45 miles northeast of Susanville. The five parcels range in size from 40.00 acres to 553.04 acres, with a combined total of 793.04 acres.
A Conservation Easement encumbers the majority of the subject property (APNs 095-030-007, 095-040- 006, 095-080-002). In December 2012, the Natural Resources Conservation Service (NRCS) purchased the Conservation Easement for $1,485,026.89. After acquiring the Conservation Easement, the NRCS performed some meadow restoration work and installed perimeter fencing along the boundaries of the Conservation Easement area on APNs 095-030-007, 095-040-006, 095-080-002. The other portion of the subject property (APNs 095-040-002 and 083-110-005) does not contain any fencing.
The subject property includes two water rights that total 1,644-acre feet of water (203-acre feet + 1441-acre feet = 1,644-acre feet). As indicated by BLM and the Conservation Easement, these water rights are encumbered by the Conservation Easement and must be used to maintain the wet meadow vegetation or habitat.
Most of the subject property is surrounded by public lands that are owned by the United States of America (USA) and managed by the Bureau of Land Management (BLM). These public lands are identified as a Wilderness Study Area (WSA) known as Five Springs WSA and Dry Valley Rim WSA.
According to the BLM website (https://www.blm.gov/programs/national-conservation-lands/wilderness), “Wilderness Study Areas (commonly known as WSAs) are places that have wilderness characteristics;
that is a minimum size, naturalness, and outstanding opportunities for recreation which make them eligible for designation as wilderness.”
Of the 793.04 acres that comprise the subject property, 625.94 acres is encumbered with a Conservation Easement held by NRCS. While the Conservation Easement also encumbers other nearby properties that are under the same ownership as the subject property, these other properties are not part of the proposed BLM acquisition.
In the Conservation Easement, a portion of APN 095-080-002 (4.62 acres) is identified as an “Out Parcel.” This “Out Parcel,” which is located near the middle of APN 095-080-002, is not encumbered by the Conservation Easement. A 20-foot access road (2.48 acres) that provides access to the “Out Parcel” is also excluded from the Conservation Easement. BLM reports the property owner planned to build a house on the “Out Parcel,” but this never occurred.
A summary of the five parcel numbers that encompass the subject property is presented in the next table.
SUBJECT PROPERTY INFORMATION
Subject APN Land Area (Acres)**
Land Area Encumbered by Conservation Easement
1 095-030-007 40.00 acres 40.00 acres 2 095-040-006 40.00 acres 40.00 acres 3 095-080-002 553.04 acres* 545.94 acres 4 095-040-002 80.00 acres None (Not Encumbered) 5 083-110-005 80.00 acres None (Not Encumbered
Total Land Area 793.04 acres 625.94 acres *APN 095-080-002 has an unencumbered area of 7.10 acres, which includes 4.62 acres that is identified in the Conservation Easement as an “Out Parcel” and 2.48 acres for a 20-foot access road that provides access to the “Out Parcel.”
**Based on the BLM Land Survey Report (LSR)
Based on information from the Lassen County Department of Planning and Building Services, all five parcels comprising the subject property have a zoning of U-C-2 (Upland Conservation / Resource Management District). The zoning and general plan designation must be fully investigated by the appraiser in resemblance of the marketplace (seller and buyer) actions.
Various maps of the subject property (location map, access map, master title plats), as well as sample photographs from BLM, are presented on the following pages.
MAP OF THE SUBJECT PROPERTY
AERIAL VIEW OF THE SUBJECT PROPERTY
AERIAL VIEW OF THE SUBJECT PROPERTY
MASTER TITLE PLAT (MTP)
MASTER TITLE PLAT (MTP)
SAMPLE PHOTOGRAPH FROM BLM
Legal Description According to BLM, the Preliminary Title Report prepared by Chicago Title Company of (Title No.:
FFHO-4272100820-AD; Effective Date: February 3, 2023) contains an accurate legal description (located on page 3) that will be used to convey the subject property to the USA. For easy reference, this legal description is reiterated below:
BLM also provided a Land Surveyor Report (LSR prepared by BLM’s Cadastral Survey Program, dated May 11, 2022), which also provides a legal description of the subject property. The legal description from this document is as follows:
Conservation Easement Most of the subject property (625.94 acres) is encumbered by a Conservation Easement that was recorded in December 2012. While the Conservation Easement also encumbers other nearby properties that are under the same ownership as the subject property, these other properties are not part of the proposed acquisition by BLM.
The Natural Resources Conservation Service (NRCS), United States Department of Agriculture purchased the Conservation Easement for $1,485,026.89. After acquiring the Conservation Easement, the NRCS performed some meadow restoration work and installed perimeter fencing along the boundaries of the Conservation Easement on APNs 095-030-007, 095-040-006, 095-080-002. The following excerpt, which is from the Conservation Easement, describes the purpose and intent of the Conservation Easement.
EXCERPT FROM CONSERVATION EASEMENT (PAGE 2 OF 77)
As part of the Conservation Easement, the property owner reserved various rights. The following excerpt, which is from the Conservation Easement, highlights some of the notable rights that were reserved by the property owner.
EXCERPT FROM CONSERVATION EASEMENT (PAGE 3 OF 77)
The next excerpt, which is from Conservation Easement, highlights some of the prohibitions. In other words, the following rights were acquired by the holder of the Conservation Easement (NRCS) and were not reserved by the property owner.
EXCERPT FROM CONSERVATION EASEMENT (PAGE 4 OF 77)
Even though grazing is listed as a prohibition in the Conservation Easement, BLM reports the property owner has a livestock operator that is allowed to graze (on a seasonal basis) on the area encumbered by Conservation Easement because a Compatible Use Authorization (CUA) was granted by NRCS. As indicated by the following excerpt, which is from the Conservation Easement, the NRCS has complete control over the grazing rights, and may authorize grazing on the area that is encumbered by the Conservation Easement:
EXCERPT FROM CONSERVATION EASEMENT (PAGE 5 OF 77)
In an email to BLM, NRCS reported that the Compatible Use Authorization (CUA) can be cancelled at any time at the discretion of NRCS. As a result, if the subject property sold to a private buyer, NRCS has the ability to cancel the CUA with the existing livestock operator and issue a new CAU to the private buyer, presuming the private buyer wanted to graze the area encumbered by Conservation Easement.
However, to state again for clarification purposes, NRCS controls and manages the grazing rights, and has the sole discretion on whether a CAU would be issued to the private buyer. A copy of the existing CAU will be provided to the appraiser upon contract award. An excerpt from the aforementioned email between BLM and NRCS is as follows:
EXCERPT OF NRCS EMAIL TO BLM
The subject property includes two water rights that total 1,644-acre feet of water (203-acre feet + 1441-acre feet = 1,644-acre feet). These water rights are encumbered by the Conservation Easement and must be used to maintain wet meadow vegetation or habitat. The portion of the Conservation Easement that describes the water uses and water rights is identified as Exhibit D. Several noteworthy excerpts from the Exhibit D portion of the Conservation Easement are presented below and on the following page.
EXCERPT FROM CONSERVATION EASEMENT (EXHIBIT D – PAGE 72 OF 77)
EXCERPT FROM CONSERVATION EASEMENT (EXHIBIT D – PAGE 73 OF 77)
EXCERPT FROM CONSERVATION EASEMENT (EXHIBIT D – PAGE 74 OF 77)
EXCERPT FROM CONSERVATION EASEMENT (EXHIBIT D – PAGE 75 OF 77)
As noted in the Conservation Easement, a portion (4.62 acres) is identified as an “Out Parcel.” The “Out Parcel,” which is located near the middle of APN 095-080-002, is not encumbered by the Conservation Easement. A 20-foot access road (2.48 acres) that provides access to the “Out Parcel” is also excluded from the Conservation Easement. BLM reports the property owner planned to build a house on the “Out Parcel,” but this never occurred.
The maps below and on the following page show the “Out Parcel,” as well as the portion of the subject property (APNs 095-030-007, 095-040-006, 095-080-002) that is encumbered by the Conservation Easement.
MAP OF “OUT PARCEL” THAT IS NOT
ENCUMBERED BY THE CONSERVATION EASEMENT
MAP FROM THE CONSERVATION EASEMENT
Property Interest The appraiser will value the Fee Simple Estate (including the surface estate, mineral estate, and water rights), subject to encumbrances and reservations of record (see Conservation Easement and Outstanding Rights sections).
Outstanding Rights One of the documents included as part of this appraisal assignment is a Preliminary Title Report prepared by Chicago Title Company (Title No.: FFHO-4272100820-AD; Effective Date: February 3, 2023). The appraiser must consider the exceptions listed in the Preliminary Title Report and any recorded or unrecorded documents, conditions, agreements, easements and/or encumbrances must be discussed in the appraisal report in relation to their impact on value. The exception in the Preliminary Title Report identified as Exception 18 (Warranty Easement Deed in Perpetuity) pertains to the Conservation Easement that is held by NRCS.
As part of this appraisal assignment, BLM’s discussion of the title exceptions (electronic file named “BLM’s Discussion of the Title Exceptions”) is provided for assistance; however, the appraiser must still independently examine the exceptions listed in the Preliminary Title Report and report their effects on value.
The appraiser must immediately notify the AVSO Review Appraiser of any indications of rights contrary to these described. This may result in amended instructions.
Reservations The current landowner is reserving the following rights: None
Minerals Based on information from BLM, the mineral estate for the subject property is intact (owned by the current property owner) and will be included in the grant deed when the subject property is conveyed to the United States of America (USA).
The Appraisal and Valuation Services Office (AVSO) Division of Mineral Evaluations (DME) conducted a Due Diligence Mineral Evaluation, which will be provided to the appraiser upon contract award. An excerpt from the summary and conclusions sections of this document are as follows:
Improvements As reported by BLM, the subject property has two older structures (likely from the mid-1900s) that are run down and not habitable. Additionally, the portion of the subject property that is encumbered by the Conservation Easement (APNs 095-030-007, 095-040-006, 095-080-002) contains perimeter fencing.
After acquiring the Conservation Easement, the holder of the Conservation Easement (NRCS) installed perimeter fencing to control access and grazing. The other portion of the subject property (APN 095-040- 002 and APN 083-110-005) does not have fencing. The details about the improvements must be investigated and confirmed by the appraiser.
Property Access The appraiser must thoroughly research the Physical Access and Legal Access for the subject property, including the effect on value. The following details are from BLM, but must be verified by the appraiser:
• APN 095-030-007, APN 095-040-006, and APN 095-080-002
The majority of the subject property (APN 095-030-007, APN 095-040-006, and APN 095-080-002) has Physical Access and Legal Access via a gravel road that is maintained by Washoe County and known as Smoke Creek Ranch Road.
• APN 095-040-002 and APN 083-110-005
The other portion of the subject property (APN 095-040-002 and APN 083-110-005) has Physical Access via the use of a four-wheel-drive or all-terrain vehicle, and then walking (approximately 1.5 miles of walking to APN 095-040-002 and approximately ¼ mile of walking to APN 083-110-005).
APN 095-040-002 and APN 083-110-005 are surrounded by public lands that are owned by the United States of America (USA) and managed by the Bureau of Land Management (BLM).
Legal Access to APN 095-040-002 and APN 083-110-005 has not been established or perfected, as reported by BLM and indicated in the Preliminary Title Report (prepared by Chicago Title Company, Effective Date: February 3, 2023, Title No.: FFHO-4272100820-AD), The following excerpt is from the Preliminary Title Report:
Water Rights According to BLM, the subject property has multiple water resources, including two water rights. A summary of the water resources is provided below, but this information must be investigated and confirmed by the appraiser:
• Springs: The subject property has two main springs that make up the headwaters of Rush Creek.
Both springs are functioning, and one of them contains a water right for meadow irrigation. More information about this water right is provided below.
The subject property also contains a number of unnamed springs/seeps, but none are large enough to have water rights.
• Creeks: Approximately 3.5 miles of Rush Creek runs through the subject property.
• Pond/Reservoir: The subject property has a small pond that is approximately one acre in size and contains catchable trout and catfish. This naturally occurring pond is spring fed and has substantial tule/bulrush patch, which provides excellent cover for migratory birds.
• Water Rights: The subject property includes two water rights that total 1,644-acre feet of water
(203-acre feet + 1441-acre feet = 1,644-acre feet). These water rights are encumbered by the Conservation Easement and must be used to maintain wet meadow vegetation or habitat.
A Statement of Water Diversion and Use has been filed with State Water Resources Control Board for each water right (Statement 15452 and Statement 15453). California requires each person or organization that uses diverted surface water to file a Statement of Water Diversion and Use with the State Water Board. A summary of the two water rights are as follows:
o Statement 15452 – 203-acre feet for irrigation of 50.7 acres of meadow.
o Statement 15453 – 1,441-acre feet for irrigation to 360.2 acres of meadow.
The water rights map on the following page shows the location of the two water rights (Statement 15452 and Statement 15453) that are associated with the subject property. The map also includes other water rights for contiguous and nearby properties that are under the same or similar ownership as the subject property. These other water rights are not part of the proposed acquisition.
WATER RIGHTS MAP
Hunting BLM provided the following information about the hunting potential for the subject property and surrounding area:
“The property is located in the Lassen hunting Zone for pronghorn and X5b hunting zone for Mule Deer.
These tags take 25+ years to draw for residents. California department of Fish and Wildlife allocates landowner tags who own a minimum of 640 acre. The adjacent 640 acres to the west of Rush creek is apart of this program and is allocated deer tags every year. These tags are often incentives for recreational land buyers since the tags are extremely difficult to get on the open market. CDFW contact for more information on this is Brian Ehler- 530-340-6808.”
BLM Grazing Allotments The subject property is within two BLM grazing allotments identified as Observation and Twin Peaks.
The owner of the subject property is not the permittee for these BLM grazing allotments.
The portion of the subject property that is encumbered by the Conservation Easement (APNs 095-030- 007, 095-040-006, 095-080-002) contains perimeter fencing. However, the other portion of the subject property (APN 095-040-002 and APN 083-110-005) does not have fencing.
According to BLM, there is no “Exchange of Use” for the private land within the BLM grazing allotments. As a result, if the owner of the subject property decided to graze livestock on the portion that does not have fencing (APN 095-040-002 or APN 083-110-005), the property owner would be responsible for expenses to construct fences needed to ensure their livestock do not trespass onto public lands. Similarly, if the property owner wanted to shield APN 095-040-002 or APN 083-110-005 from livestock grazing that occurs on surrounding public lands, the property owner would be responsible for expenses to construct the necessary fences.
BLM reported that the only way the owner of the subject property would not have to construct fences on APN 095-040-002 and APN 083-110-005 is if the property owner is also the permittee of the surrounding BLM grazing allotments, which is not the case.
BLM Grazing Allotments are not part of this appraisal assignment and must be excluded from the valuation of the subject property.
Maps showing the subject property and boundaries of BLM grazing allotments are presented on the following pages.
BOUNDARIES OF BLM GRAZING ALLOTMENTS
BOUNDARIES OF BLM GRAZING ALLOTMENTS
Larger Parcel The subject property consists of five parcels that are primarily surrounded by public lands owned by the United States of America (USA) and managed by the Bureau of Land Management (BLM). The appraiser must investigate and conduct all research necessary to develop a well-supported Larger Parcel conclusion(s) in accordance with UASFLA 6th Edition, Sections 1.2.7.3.1, 1.4.6, 2.3.3.1.2, and 4.3.3.
The property owner apparently owns numerous other properties in the immediate and surrounding area, both in California and Nevada. In fact, based on a data source that compiles information from public records, the property owner owns 18 parcels (containing over 1,600 acres) that are contiguous and directly east of the subject property. These 18 parcels are located in Nevada and are under the same or similar ownership as the subject property. As part of this appraisal assignment, thorough analysis is required to establish whether these parcels, as well as the other parcels in the nearby and surrounding area, are relevant to the Larger Parcel determination.
An aerial view of the contiguous parcels that appear to be under the same or similar ownership as the subject property (the 18 parcels containing over 1,600 acres, located in Nevada, that are not part of the proposed acquisition) is presented on the next page. This exhibit includes the subject property (numbers 1 through 5) and is from a data source that complies information from public records (LandVision).
ADJACENT PARCELS UNDER THE SAME OR SIMILAR OWNERSHIP
Note: the parcels identified on the map as numbers 1 through 5 are the subject property, which is located in California. The parcels identified as numbers 6 through 23 are contiguous parcels that are under the same or similar ownership and located in Nevada.
Ownership The owner contact information will be provided to the appraiser upon contract award.
Tenancies None reported, but this must be confirmed by the appraiser.
Project Contact Information The project contact information will be provided to the appraiser upon contract award.
Provided Subject Property Exhibits
The following Subject Property Exhibits will be provided as attachments to the solicitation:
1) Location Map (map showing the subject property and surrounding area)
2) MTP 1 (Master Title Plat)
3) MTP 2 (Master Title Plat)
4) Water Rights Map (map showing the two water rights associated with the subject property)
5) Water Right S015452 (information about water right associated with the subject property)
6) Water Right S015453 (information about water right associated with the subject property)
7) Land Surveyor Report (LSR prepared by BLM’s Cadastral Survey Program, dated May 11, 2022)
8) Out Parcel Map (map showing the 4.62-acre portion that is not encumbered by the Conservation
Easement, identified in the Conservation Easement as “Out Parcel”)
9) Title Vesting Deed (grant deed from when the subject property transferred from Rock Spring
Ranches, LLC, to Jackrabbit Properties, LLC)
10) Grazing Allotment Map 1 (map showing the boundaries of BLM grazing allotment)
11) Grazing Allotment Map 2 (map showing the boundaries of BLM grazing allotment)
12) Grazing Allotment Master Report (information about the BLM grazing allotment)
13) Grazing Allotment Information (information about the BLM grazing allotment)
14) 2011 Stream Flow Summary (information about the stream flow for Rush Creek)
15) Preliminary Title Report (Chicago Title Company Title; Title No. FFHO-4272100820-AD;
Effective Date: February 3, 2023)
16) Exception 15 - No. 236-83 (recorded document noted in the Preliminary Title Report)
17) Exception 16 - No. 486-78 (recorded document noted in the Preliminary Title Report)
18) Exception 16 - No. 2013-5489 (recorded document noted in the Preliminary Title Report)
19) Exception 16 - No. 2014-933 (recorded document noted in the Preliminary Title Report)
20) Exception 18 - No. 2012-6885 (Conservation Easement that was recorded on the subject property in December 2012)
21) Exception 19 - No. 2006-4980 (recorded document noted in the Preliminary Title Report)
22) Exception 20 - No. 2017-5693 (recorded document noted in the Preliminary Title Report)
23) Exception 20 - No. 2019-3074 (recorded document noted in the Preliminary Title Report)
The following documents will be provided upon contract award:
24) BLM’s Discussion of the Title Exceptions (BLM’s discussion regarding the title exceptions noted in the Preliminary Title Report)
25) Compatible Use Authorization – Grazing (Compatible Use Authorization granted by NRCS to allow grazing on the area encumbered by Conservation Easement)
26) NRCS Email on Grazing (Email between BLM and NRCS regarding grazing and the Compatible Use Authorization)
27) Email from Property Owner about Exception 19 (Email from the property owner regarding Exception 19 noted in the Preliminary Title Report)
28) Past Listing Brochure (Listing brochure from when the subject property was previously marketed for sale)
29) Google Earth KMZ File - APN 095-030-007
30) Google Earth KMZ File - APN 095-040-006
31) Google Earth KMZ File - APN 095-040-002
32) Google Earth KMZ File - APN 095-080-002
33) Google Earth KMZ File - APN 083-110-005
34) Google Earth KMZ File - Subject Property
35) Due Diligence Mineral Evaluation
36) Project Contact List (contact information for property owner, AVSO Review Appraiser, and
BLM Realty Specialist)
SECTION 2 – Appraisal Requirements & Instructions Appraisal Standards
1. Uniform Standards of Professional Appraisal Practice (USPAP 2020-2023)
2. Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA), 6th edition
Market Value 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 ed. [The Appraisal Foundation, 2016), p.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.
Extraordinary Assumptions (EA’s) None. If the appraiser determines that extraordinary assumptions are necessary for the completion of the assignment, he/she must contact the AVSO Review Appraiser for prior written approval.
Hypothetical Conditions None. If the appraiser determines that hypothetical conditions are necessary, he/she must contact the AVSO Review Appraiser for prior written approval.
Jurisdictional Exceptions (JE’s) Note that the definition of market value includes reference to a reasonable exposure time. USPAP’s SR 1- 2 (c) (iv) requires that “When reasonable exposure time is a component of the definition for the value opinion being developed, the appraiser must also develop an opinion of reasonable exposure time linked to that value opinion.” However, UASFLA 4.2.1.2 states, “Appraisers should not link an opinion of market value made for federal acquisition purposes to a specific exposure time. This jurisdictional exception is required for appraisals applying the federal definition of market value.” In order to be consistent with UASFLA the appraiser is instructed to employ a Jurisdictional Exception and not develop an estimate of exposure time. The regulations requiring the exception to USPAP SR 1-2 (c) (iv) should be cited as UASFLA 4.2.1.2 and 49 C.F.R, Part 24.103. Any other jurisdictional exceptions require approval from the AVSO Review Appraiser.
Placement in Report The appraiser must clearly identify all Extraordinary Assumptions and Hypothetical Conditions wherever the final opinion of value is stated, including the Letter of Transmittal and the Summary of Salient Facts, and General Assumptions and Limiting Conditions.
As required by USPAP, the appraiser must include a statement that the use of any Extraordinary Assumptions and Hypothetical Conditions might have affected the assignment results.
Jurisdictional Exceptions, other than the approved one regarding exposure time, must also be disclosed in the same manner as directed above for Extraordinary Assumptions and Hypothetical Conditions.
Property Inspection The appraiser must:
1. Inspect the subject property and all the market properties used in direct comparison, unless the AVSO Review Appraiser has approved other conditions in writing.
2. Notify in advance both the BLM Realty Specialist and AVSO Review Appraiser when the property inspection will occur (contact information will be provided upon contract award).
3. BLM will be available to provide transportation for the appraiser to inspect the subject property.
For this appraisal (with an intended use of acquisition), the appraiser must certify in the report that he/she extended an offer to the property owner (or the owner’s designated representative) to accompany him/her during the property inspection. [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, page 58)]
Pre-Work Meeting The appraiser may need to coordinate a pre-work meeting with the assigned AVSO Review Appraiser, the agency BLM Realty Specialist and/or other agency representatives or interested parties.
If any significant items of concern are observed during the property inspection, from aerial photographs, or other materials researched during the appraisal process, then the appraiser must contact the AVSO Review Appraiser before continuing with the appraisal assignment.
Controversies/Issues No controversies or extraordinary issues are anticipated for the appraisal assignment. Should the appraiser identify controversies or issues during the course of assignment, he/she must immediately notify the AVSO Review Appraiser.
Legal instructions None. Should the appraiser require legal instruction during the course of the assignment, he/she must immediately notify the AVSO Review Appraiser.
Special Appraisal Instructions
1. The appraiser must deliver an appraisal report that complies with both USPAP 2020-2023 and
UASFLA 6th Edition. Further, the appraisal report must conform to the sequence and content outlined in UASFLA 6th Edition, Appendix A (Pages 208-212; Appraisal Report Documentation Checklist) and Appendix B (Page 213-214; Recommended Appraisal Report Format for Total Acquisitions) of UASFLA.
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 BLM Realty Contact and/or the Property Owner shall include the assigned AVSO Review Appraiser.
4. If the appraiser encounters any obstacles that are outside the normal appraisal process as directed in the SOW, the AVSO Review Appraiser is to be contacted immediately.
General Appraisal Requirements & Instructions
1. The appraiser must have training and experience in appraising property similar to the property involved in this appraisal assignment pursuant to the UASFLA.
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 must have completed the education or taken the necessary steps to conduct an appraisal in full compliance with the Uniform Appraisal Standards for Federal Land Acquisitions, 6th Edition. UASFLA (Page 56) states that a report prepared in accordance with UASFLA Sections 2.3, 2.4, and 2.5 is consistent with and/or exceeds the requirements for an Appraisal Report under Standard 2 of USPAP.
4. The AVSO Statement of Work (SOW) and other assignment instructions must be included within the Addenda to the appraisal report.
5. The appraiser must appraise the subject property in its “As Is” condition unless authorized in writing by the AVSO Review Appraiser to do otherwise, or as noted via the Extraordinary Assumptions and Hypothetical Conditions.
6. The preferred method of adjusting comparable data is through the application of well supported quantitative adjustments (percentage, $/acre, etc.). Quantitative adjustments without market support are unacceptable.
Qualitative adjustments (similar, inferior, or superior) should be used when market variables cannot be quantified and/or market data is inadequate. When the appraiser applies qualitative analysis, the appraiser shall include thorough narratives for all elements of comparison to explain the appraiser’s rationale and reasoning for the differences between the comparable data and the subject property.
All adjustments, whether quantitative or qualitative, must include comprehensive discussions and 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 unacceptable.
Market support includes, but is not limited to, discussions with buyers, sellers, investors, brokers, attorneys, and title officers. The appraiser must also consider the effect of applying multiple adjustments and beware of the risk of double-counting overlapping adjustment factors.
7. The opinion of market value may not be predicated upon highest and best uses that are speculative or conjectural. A highest and best use estimate 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 at the effective date of appraisal. Adequate support for a reasonably probable, legally permissible and physically possible use may result in multiple financially feasible uses. As such, each financially feasible use must be examined within the parameters of its supply and demand and the buying power of identified market participants to arrive at a specific maximally productive highest and best use from among the financially feasible uses.
Overly broad highest and best use identification should be refined to more specific uses that generate the highest monetary return to the land. The appraiser is expected to be familiar with the different levels of market analysis (Chapter 15 – Market Analysis, The Appraisal of Real Estate, 14th Edition) and identify and apply the level of Market Analysis necessary to support the determination of a specific highest and best use. Reference to Scope of Work Rule in USPAP is made for guidance.
8. If sales to governmental entities, including sales to environmental/public interest organizations and non-profit entities with the intention of transferring the sale property to a governmental entity later, are included in the appraisal report, they are subject to extraordinary verification and treatment insuring that these government related sales represent credible, arms-length transactions. These types of sales must be examined in accordance with the guidelines found in UASFLA Section 1.5.2.4.
9. Appraisals must not rely on trendline analysis, trendline relationships, and/or statistical regression analysis techniques to extract adjustments or “fit the sales data into central tendencies” within the sales comparison approach. Without a discussion of how each comparable sale property relates to the subject property and a statistical interpretation of the validity of the results, applying a regression analysis to a small or large sample data set is not acceptable. No trendline analysis and/or regression analysis may be employed in the appraisal without prior discussion with, and written concurrence of, the Review Appraiser.
10. Well-researched and documented Comparable Sales Sheets, Comparable Rentals Sheets, Rate of Return and/or other Market Data utilized in the appraisal is required. For instance, “Comparable Sale Write-ups” are expected to include a description of all relevant physical, legal and economic factors such as parties to the transaction (Buyer and Seller), source and method of financing, and verification by one or more parties involved in the transaction (preferably the buyer, however, the seller and/or broker involved is acceptable also).
A check list of minimally expected elements in a Comparable Sale Write-up Sheet include: Date of Sale; Buyer and Seller; Recording Information; Terms of Sale; Name and Contact Information (source name / date / email or phone number) of Person that Verified the Transaction; APN or Legal Description; Location; Access; Physical Description (consistent with market norms);
Zoning; Buyer’s Motivation/Planned Use of Property; Appraiser’s Estimated Highest and Best Use; Plat Map, Photographs, Aerial Photographs (See Bullet 11 below – for “reasonable photograph size”).
11. Color ground level photographs of the subject property must be included in the appraisal report.
The appraiser must personally view and provide color photographs and maps of comparable properties in the appraisal report. Color photographs, parcel maps, topography maps, and aerial maps of comparable properties must be included in the appraisal report. The appraiser must photograph any unusual property features from the ground level. Photographs must be of reasonable size helping the reader obtain a visual of the property.
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