Sol_140D0423Q0891.pdf

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

07/19/2023 1700 ED

07/12/2023

703-914-3712Irma Nanatovich (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140D0423Q0891

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 83 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

$9.5

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 U.S. Department of the Interior, Appraisal and Valuation Services office, requirement for market valuation and appraisal report services for Foreland Refining Direct Land Sale N-100365, AVIS Number: L230049.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

DATED

Morgan Schickler

. 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

83 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

DELIVERY/PERIOD OF PERFORMANCE

LINE-ITEM PRICING

GENERAL REQUIREMENTS

TECHNICAL QUALIFICATION FOR REQUIREMENT

FAR 52.212-2 EVALUATION OF QUOTES

SUBMISSION OF QUESTIONS

SUBMISSION OF INTENT ………………………………………………………………………….7

SUBMISSION OF QUOTE

STATEMENTS OF WORK

CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (Dec 2022) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Jun 2023) DIAR 1452.201-70 Authorities and delegations (Sep 2011)

LOCAL CLAUSES

Disclosure of Information

DOI-AAAP-0028 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP)(Sep 2017)

CONTRACT PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998)

52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-22 Alternative Line-Item Proposal (Jan 2017) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Dec 2022) ………………………………………………………………………………………………33

ATTACHMENTS…………………………………………………………………………………………46

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:

AVIS Number: L230049, BLM Case ID: N-100365, Case Name: Foreland Refining Direct Land Sale N-100365, Nye County, Nevada, Acreage: 248.74±acres, property location is East-central Nevada along US Highway 6 (US-6), approximately 64-miles southwest of Ely, in Nye County, Nevada. (Lat/Lon ≈ 38.6229, -115.6198), Property Type: Unzoned, vacant, federal land, surface estate only, Case Type:

Sale/Disposal - FLPMA - Sale 43 CFR 2700, 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.

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 (SOW) (Attached).

DELIVERY/PERIOD OF PERFORMANCE

The target period of performance 125 days from the date of award. See Requirement Deliverable/Task Schedule specified in Section 3 of the SOW.

LINE-ITEM PRICING

CLIN

No.

Appraisal Service Description Total Price

00010

AVIS Number: L230049, BLM Case ID: N-100365, Case Name: Foreland Refining Direct Land Sale N-100365

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)

• Dun & Bradstreet Number (DUNS)

• 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

1. State Certification:

a. State Certification: The quoter must hold a current certified general appraiser license from the state of

Nevada as demonstrated by a copy of their state licensing certificate or have the ability to obtain a temporary practice permit for the state of Nevada. If the Quoter 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. Sufficient proof of licensure must be provided to successfully confirm the bidder’s current certified general appraiser licensure.

2. Technical Capability

a. Experience for Assignment: Both geographical competency and technical competency will be considered. The contractor shall provide a standard Appraiser's Statement of Qualifications and a signed proposal letter that describes and attests to the following:

i. Identify years of experience appraising comparable tracts of land in rural-industrial and remote portions of Nevada. Additionally, experience in appraising properties that are federally owned, properties that are unimproved, and properties used for oil and gas related purposes is beneficial. If the appraiser has no or limited experience, then submit a description outlining the proposed scope of work.

ii. Identify years of experience appraising lands for federal sale or acquisition under UASFLA (Uniform Appraisal Standards for Federal Land Acquisitions) guidelines.

iii. Identify years of appraisal experience as a Certified General Appraiser, professional affiliations and designations.

iv. 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.

v. 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 proposal 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 proposals, 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 proposal. 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 proposal does not list anyone else as providing assistance, it is expected that the proposal 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.

3. 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 compliant with UASFLA.

b. Supply the contact information for government agency references in which UASFLA compliant appraisal reports have been completed for the federal government.

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).

4. Delivery/Inspection Date

a. The target date for the initial appraisal report is 60 days from the award of the contract. If the target date is not achievable, then the Quoter may provide an alternative delivery date and the reason for the later delivery. All delivery schedules will be considered.

5. Price Quote

a. The Quoter must provide a firm-fixed price quote with any and all discounts applied for all the work to complete the assignment described in the Statement of Work (SOW).

b. Price quotes will be evaluated for completeness and reasonableness.

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 Experience/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 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 QUESTIONS

Submissions of Questions to this RFQ shall be sent to Irma Nanatovich, Contract Specialist II (Contractor), via email at irma_nanatovich@ibc.doi.gov and cc Morgan Schickler, Contracting Officer, via email at morgan_schickler@ibc.doi.gov, on or before 5:00 PM Eastern Standard Time (EST), July 15, 2023. All http://www.sam.gov/ mailto:irma_nanatovich@ibc.doi.gov mailto:morgan_schickler@ibc.doi.gov submissions shall reference “Quote - 140D0423Q0891” and include in the subject line.

SUBMISSION OF INTENT

The Contractor is requested to notify Irma Nanatovich, Contract Specialist, irma_nanatovich@ibc.doi.gov and Morgan Schickler, Contracting Officer, morgan_schickler@ibc.doi.gov, via email, of their intent to submit a quote on this order on or before 5:00 PM EST, July 15, 2023.

SUBMISSION OF QUOTE

Submissions of Quote to this RFQ shall be sent to Irma Nanatovich, Contract Specialist II (Contractor), via email at irma_nanatovich@ibc.doi.gov and cc Morgan Schickler, Contracting Officer, via email at morgan_schickler@ibc.doi.gov, on or before 5:00 PM EST, July 19, 2023. All submissions shall reference “Quote - 140D0423Q0891” and include in the subject line.

[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

mailto:morgan_schickler@ibc.doi.gov mailto:morgan_schickler@ibc.doi.gov

STATEMENT OF WORK (SOW)

DOI, Appraisal and Valuation Services Office – AVSO Case Name: Foreland

Refining Direct Land Sale N-100365

BLM# N-100365

AVIS Number: L230049

SECTION 1 – SUBJECT IDENTIFICATION & GENERAL INFORMATION

Identification Case Name Foreland Refining Direct Land Sale N-100365

Location East-central Nevada along US Highway 6 (US-6), Approximately 64-miles southwest of Ely, in Nye County, Nevada.

(Lat/Lon ≈ 38.6229, -115.6198) Tax Lot Map Portions of APN’s 013-111-06 and 011-551-01 (the subject Property has not yet been assigned a unique APN) Legal Mount Diablo Meridian, Nye County, Nevada Description T. 9N., R. 56E., Sec. 24, S½SE¼SE¼, S½NE¼SE¼, and N½SE¼SE¼; Sec.

25, E½NE¼.

T. 9N., R. 57E., Sec. 19, lot 4;

Sec. 30, lots 1 and 2.

Property Type Unzoned, vacant, federal land, surface estate only Acreage 248.74±acres Case Type Sale/Disposal - FLPMA - Sale 43 CFR 2700

Client U.S. Department of Interior, 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 and market value conclusion set forth will be used for sale/disposition of the identified property and property rights (fee simple surface estate), consistent with the requirements of 43 CFR 2700.

Background

The Subject Property is in Nye County, Nevada, along US-6. The Eagle Springs Refinery is situated within the northwest portion of the Subject Property (outlined in blue), which is accessible via US-6 (see image below).

Figure 1. Excerpt of BLM map showing the relative location of the Foreland Eagle Springs Refinery

The Foreland Refining Corporation has requested to purchase approximately 248.74-acres of land (surface estate only) from the BLM, which includes the site of the approximately 40-acre Eagle Springs Refinery. The refinery itself (the buildings and structures) is owned by the tenant (Foreland Refining Corporation), as authorized in BLM Right-of-Way (ROW) grant N-41035. The Subject Property includes the land and does not include any underlying subsurface/mineral rights or tenant owner improvements (the refinery).

Furthermore, the Subject Property is encumbered by a highway reservation, a powerline ROW, an underground phone ROW, and four oil and gas leases (see the Outstanding Rights and Reservations sections of this SOW and attached documents for details). In addition, the Foreland Refinery Public Water System (PWS) is permitted under PWS number NV0004132, which benefits the refinery itself and is not part of the Subject Property.

Geographically, the Subject Property is within the intersection of the Railroad Valley and the Pancake Range in a remote portion of Nye County, in central-eastern Nevada (see image below). The area surrounding the subject is extensively owned by the USA or the state of Nevada with occasional pockets of private ownership. In fact, Nye County states that only 2% of the county is privately owned1.

1 https://www.nyecountynv.gov/DocumentCenter/View/36406/Code-of-the-West-April-2020-pdf

Figure 2. Regional overview map taken from BLM Mineral Potential Report.

The requested appraisal is intended to facilitate the proposed sale of the Subject Property from BLM to Foreland Refining Company (FRC). To facilitate FRC’s potential purchase of the Subject Poverty, the appraisal is to estimate the Market Value of the fee interest of the Subject Property, subject to the encumbrances and reservations stated later in this Statement of Work (SOW).

Property Description

The Subject Property is accessible from US-6, is mostly rectangular in shape, and measures approximately 248.74-acres (see image below). The Subject Property is not defined by an independent assessors parcel number, as it has never left US federal ownership. The Subject Property occupies portions of APN’s 013111-06 and 011-551-01, but these tax parcels include all BLM land in T9N R57E and T9N R56E, respectively. Nye County typically assigns a specific parcel number once a given property is patented to a non-federal owner. The Subject Property’s topography is mostly level with a slight downward slope towards the south and west. The Subject Property’s vegetation is naturally-occurring, which includes desert-oriented brush, shrubs, and grasses. In addition, the Subject Property has access to electrical and telephone service, which connect with the refinery site. The rights authorizing the telephone, electrical, and highway ROWs that traverse the Subject Proprty are being reserved by the BLM.

The Eagle Springs Refinery is located in the northwest portion of the Subject Property along US Highway6. A small -section of US Highway 6 passes through the north of the Subject and a relatively small portion of the Subject Property is north of US Highway-6. The refinery belongs to the tenant and is not part of the Subject Property. The BLM has provided a list of known tenant improvements, which is provided as an attachment to this SOW. The list of improvements is provided to assist the appraiser, but does not imply that these improvements are part of the Subject Property.

Figure 3. Excerpt from BLM map showing the approximate dimensions of the Subject Property.

Legal Description

The Subject Property, as described in Land Surveyor Report, dated December 21, 2021 and prepared by BLM Cadastral, is:

Mount Diablo Meridian, Nye County, Nevada

T. 9N., R. 56E., Sec. 24, S½SE¼SE¼, S½NE¼SE¼, and N½SE¼SE¼.

Sec. 25, E½NE¼.

T. 9N., R. 57E., Sec.

19, lot 4.

Sec. 30, lots 1 and 2.

Property Interest

The appraisal will value the fee-interest of the surface estate, excluding improvements, subject to encumbrances and reservations as qualified in this Statement of Work (SOW). To reiterate, the Eagle Springs Refinery was constructed by the tenant (Foreland Refining Company) and is not part of the Subject Property. However, the appraiser should consider the existence of the refinery, as it does relate to the Subject Property’s potential uses. The appraiser must immediately notify the AVSO Review Appraiser of any indications of rights contrary to these described. This may result in amended instructions.

Outstanding Rights

A preliminary report of title or title insurance commitment is not available. However, the BLM has provided evidence of a ROW grant, four oil and gas leases, and one highway reservation, which include rights that will be reserved from the Subject Property’s title. These ROW grants function similarly to easements but are not technically easements due to the specifics of government land ownership laws and regulations. - Thus, the valuation should consider the impact of the existence of these encumbrances on the subject property. The encumbrances must be discussed in the appraisal report as well as analysis presented as to whether their existence has any impact on the subject property’s value. According to the BLM, the following known rights affect the use of the Subject Property:

ROW Grant, Reservation, or Lease Number

Purpose and Description Beneficiary

CC-018192 400-foot wide Federal Aid Hwy reservation for US-6

Nevada Department of Transportation

N-47741 10-foot wide underground telephone and fiber optic ROW

Nevada Bell Telephone Company

N-930 Oil and gas lease Makoil Inc NVN-98884 Oil and gas lease Kirkwood Oil & Gas LLC N-4350 Oil and gas lease C. Zuspann N-98470 Oil and gas lease Federal Abstract Company

A copy of the authorizing documents for the above rights was provided by the BLM, and is included in the addenda to this SOW. The above table does not include ROW N-42414, as this ROW grant authorizes the placement of a powerline in the benefit of Foreland Refining Company (FRC), which will be moot if FRC purchases the Subject Property. In other words, the BLM need not reserve the right for FRC to maintain a powerline on the same surface estate that FRC is attempting to purchase, as that right is already included. Similarly, the BLM does not need to reserve the rights included in ROW Grant N-41035, which authorizes the Eagle Springs Refinery, as these rights benefit FRC and are also inherent to ownership of the Subject Property.

The images below were prepared to assist with the visualization of the ROW grants, road reservation, and oil and gas leases. These images, which are annotated excerpts of the applicable BLM master title plats, are approximate, not to scale, and are not surveys. The full-sized Master Title Plat documents are also provided in the addenda of this

SOW.

Figure 4. Composite, annotated MTP showing the approximate locations of the road reservation and utility ROWs with the Subject Property's approximate boundaries outlined in red.

Figure 5. Composite, annotated MTP showing the approximate locations of relevant Oil and Gas Leases with the Subject Property's approximate boundaries outlined in red. The area of the Oil and Gas Leases may not show the full extent of the lease boundaries beyond the Subject Property.

Thus, the proposed patent will be subject to:

1. Valid and existing rights;

2. Right-of-Way N-47741 for underground telephone and fiber optic purposes granted to Nevada Bell

Telephone Company pursuant to Title V of the Federal Land Policy and Management Act of October 21, 1976, (90 Stat. 2776; 43 U.S.C. 1761), as amended;

3. Oil and Gas Lease N-930 granted to Texaco, Inc., pursuant to the Act of February 25, 1920 (41 Stat. 437, 30 U.S.C. Sec. 181), as amended and supplemented;

4. Oil and Gas Lease NVN-98884 granted to Kirkwood Oil & Gas LLC, pursuant to the Mineral Lands Leasing Act of 1920 (30 U.S.C. 181 et seq.), as amended and supplemented;

5. Oil and Gas Lease N-4350 granted to Clarence Zuspann, pursuant to the Act of February 25, 1920 (41 Stat. 437, 30 U.S.C. Sec. 181), as amended and supplemented; and

6. Oil and Gas Lease N-98470 granted to Federal Abstract Company pursuant to the Mineral Lands Leasing Act of 1920 (30 U.S.C. 181 et seq.), as amended and supplemented.

A copy of the authorizing documents supporting each outstanding right will be provided upon assignment reward.

Furthermore, a copy of the applicable BLM Master Title Plats (MTPs) is provided to assist in understanding the above reservations. Items 2 and 5 are functionally analogous to the road and utility easements that often affect privately owned parcels. All reservations and encumbrances must be analyzed and considered by the appraiser per USPAP SR 1-2 “Problem Identification” subsection (e) and UASFLA Section 2.3.1.7.

Reservations

The USA (BLM) will be excepting and reserving the following rights as part of the proposed disposition associated with the appraisal:

1. A right-of-way thereon for ditches and canals constructed by the authority of the United States, Act of August 30, 1890 (43 U.S.C. 945);

2. A 400-foot right-of-way for Federal Aid Highway US-6, grant serial number CC-018192; and

3. All mineral deposits in the land so patented, and to it, or persons authorized by it, the right to prospect for, mine, and remove such deposits from the same under applicable law and regulations to be established by the Secretary of the Interior.

Mineral Rights

The mineral rights are not included as part of the property appraised (to be reserved to the United States).

Water Rights

None held by the BLM, but this information must be investigated and confirmed by the appraiser. Foreland Refining Company (FRC) does have the right to utilize PWS NV0004132, but this is not an appurtenant water right and is not part of the Subject Property. Furthermore, there is a water right that is used to provide water to the Eagle Springs Refinery for domestic and industrial purposes (such as PWS NV0004132), as described in Nevada Permit Number 49051. This water right is not part of the estate to be appraised, as the potential conveyance does not include water rights. According to the BLM, the BLM (including its predecessors) has not developed, purchased, or established any water rights related to the Subject Property. As it relates to the Subject Property, the BLM is not conveying any water rights, or disrupting any legally established water rights administered by the state of Nevada.

Therefore, any water rights are not part of the Subject Property, nor considered in the valuation. The potential sale of the Subject Property does not alter the ownership of any water rights. However, to avoid communicating a misleading appraisal, the appraisal report should disclose the existence of any known water rights connected to the use of the Subject Property, and that such water rights have not been included in the valuation since they are beyond the scope of the appraisal assignment.

Improvements

The Subject Property does not include the improvements associated with the Eagle Springs Refinery. Similarly, US- 6 belongs to the Nevada Department of Transportation; thus, the highway and its site improvements are not part of the Subject Property. Lastly, the utility related improvements, and any oil and gas related improvements, do not belong to the BLM, as they are the property of the respective authorized parties. The Subject Property does not include any improvements, as the BLM does not own any improvements upon the Subject Property.

Therefore, any improvements are not part of the Subject Property, nor considered in the valuation. The potential sale of the Subject Property does not alter the ownership of the improvements. However, to avoid communicating a misleading appraisal, the appraisal report should disclose the existence of the improvements upon the Subject Property, and that the improvements have not been included in the valuation since they are beyond the scope of the appraisal assignment.

Utilities

The Subject Property has access to electrical, phone, and internet service. The Subject Property is not served by a municipal water or sewage utility. The Eagle Springs Refinery operates its own water system, but this system belongs to FRC and is not a part of the Subject Property.

Personal Property

None to be considered. Personal property items may be present, but they are beyond the scope of the appraisal assignment.

Ownership/Occupant

The subject property is owned by the United States of America and managed by BLM. A 40-acre portion of the Subject Property, the Eagle Springs Refinery site, is occupied by FRC. There are no surface occupancies related to the utlity, highway, and oil and gas related uses permitted upon releveant portions of the Subject Property.

Tenancies

FRC is an authorized tenant upon a 40-acre portion of the Subject (the Eagle Springs Refinery site). However, the authorizing ROW grant is due for renewal in less than one year and the BLM has the option to terminate the grant if the Subject is sold to FRC. Thus, the Subject Property should not be appraised under the assumption that it is encumbered by the ROW grant authorizing the Eagle Springs Refinery. Due to BLM policy, FRC can either maintain a ROW grant or purchase the property, but it is not permissible to sell the Subject Property as if encumbered by the ROW grant that the purchase negates.

In addition, the Subject Property is larger than the 40-acre area currently authorized for the Eagle Springs Refinery.

Thus, the oil and gas related leases that affect the Subject Property are outside of the 40-acre refinery site. Oil and gas leases NVN-98884 and N-930 encumber portions of the Subject Property, but do not involve active surface tenancy. However, the appraiser should consider whether or not relevant market participants perceive these leases as potential tenancies.

Property Access

The Subject Property can be accessed from US-6 (a public highway), which crosses the northwest portion of the property.

Larger Parcel

In this case, Larger Parcel determination is not required. The Subject Property as legally described herein is solely the property to be considered by the appraisal. This is based on established AVSO policy, which stems from UASFLA’s recognition that special rules and methods, including larger parcel analysis, may not apply when the intended use of the appraisal is outside the realm of acquisitions (e.g., for sales or conveyances of federal land)2.

Owner Contact Information

The owner contact information will be provided to the appraiser upon contract award.

Subject Property Exhibits and Addenda

The following Subject Property Exhibits are included at the end of this Statement of Work as addenda:

1. Annotated Subject Property aerial photo (“Foreland Map.pdf”)

2. Land Surveyor Report (“LSR 2022-005 N-100365 Foreland Refinery Signed_PBW.pdf”)

3. Applicable BLM Master Title Plats (MTP)

a. Annotated MTP provided by the BLM for this project (“Foreland MTP.pdf”)

b. Unedited Land MTP for T9N R56E (“nv210090n0560e00001.pdf”)

c. Unedited Mineral MTP for T9N R56E (“nv210090n0560e00003.pdf”)

d. Unedited Land and Mineral MTP for T9N R57E (“nv210090n0570e00001.pdf”)

4. Mineral Potential Report (“N-100385 Foreland-EagleSprings_Full-MineralsReport.V1.pdf”)

The following Subject Property Exhibits will be provided as separate enclosures to the SOW upon award of the contract.:

5. Environmental Site Assessment (“Eagle Springs_Phase IIr.pdf”)

6. ESA Memorandum (“Eagle Springs MFR 10202022 Memo to File.pdf”)

7. Building List (“ESR buildings and equipment list.pdf”)

8. NV Bell Telephone and Fiberoptic ROW Grant (“NV Bell ROW Grant N-47741.pdf”)

9. Kirkwood Oil and Gas Lease NVN-98884 (“NVN 98884 Oil-Gas Lease.pdf”)

10. Markoil Oil and Gas Lease N-930 (“N 930 Oil-Gas Lease.pdf”)

11. Zuspann Oil and Gas Lease N-4350 (“N-3450 O&G Lease.pdf”)

12. Federal Abstract Company Oil and Gas Lease (“N-98470 O&G Lease.pdf”)

13. Foreland Powerline, Telephone, and Access ROW Grant N-42414 (“Foreland N-42414 Powerline ROW

Grant.pdf”)

14. ROW Grant N-41035 Authorizing the Eagle Springs Refinery (“N-41035 ROW Grant.pdf”)

15. Project Contact List

SECTION 2 – Appraisal Requirements & Instructions

Appraisal Standards

1. Uniform Standards of Professional Appraisal Practice (USPAP 2020-2021)

2. Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA) 6th Edition

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

2 UASFLA, 1.2.8 Scope of Work (pg. 18) property. [Interagency Land Acquisition Conference, Uniform Appraisal Standards for Federal Land Acquisitions, 6th ed., Section 1.2.4, p 10., The Appraisal Foundation, 2016].

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 initial appraisal report, unless the AVSO Review Appraiser approves in advance other conditions in writing.

Assignment Conditions

The appraisal will be based on the legal description contained in this Statement of Work (SOW), which was provided by BLM and approved by BLM Cadastral. In addition, any improvements are not part of the Subject Property, nor considered in the valuation. The potential sale of the Subject Property does not alter the ownership of the improvements. However, to avoid communicating a misleading appraisal, the appraisal report should disclose the existence of the improvements upon the Subject Property, and that the improvements have not been included in the valuation since they are beyond the scope of the appraisal assignment.

Extraorinary Assumptions (EA’s)

None. If the appraiser determines that Extraordinary Assumptions are necessary, he/she must contact the AVSO Review Appraiser for prior written approval. If any Extraordinary Assumptions are used, then per USPAP the appraisal must include a statement that the use of the Extraordinary Assumption might have affected the assignment results.

Hypothetical Conditions (HC’s)

None. If the appraiser determines that additional hypothetical conditions are necessary, he/she must contact the AVSO Review Appraiser for prior written approval.

Jurisdictional exceptions (JE’s)

The federal definition of market value includes reference to a reasonable exposure time. USPAP’s SR 1-2 (c) (iv) requires that “When a reasonable exposure time is a component of the definition of market value the appraiser must develop an opinion of the 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.” To be consistent with UASFLA the appraiser(s) 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 written 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, the Summary of Salient Facts, Certification and General Assumptions and Limiting Conditions. The appraiser must also include a statement that the use of these assignment conditions may have affected assignment results.

Jurisdictional Exceptions, other than the approved one regarding exposure time, should 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 of the market properties used in direct comparison (in-line with what would be most typically done in the marketplace by buyers), unless the AVSO Review Appraiser has approved other conditions in writing.

2. Schedule the property inspection in advance giving both the BLM Realty Contact and the AVSO Review Appraiser the opportunity to attend (contact information will be provided upon contract award).

Pre-Work Meeting

The appraiser may need to attend a Pre-Work Meeting with the assigned AVSO Review Appraiser, the agency BLM Realty Specialist and/or other agency representative, the current landowner, and other interested parties. At the very least, the appraiser must attend a Pre-Work Meeting with the AVSO Review Appraiser. The Pre-Work Meeting is typically held virtually or by teleconference.

If any significant items of concern are observed during the property inspection, from aerial photographs, or other materials researched during the appraisal process that were not discussed in the pre-appraisal meeting, then the Appraiser must contact the 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 the assignment, he/she must immediately notify the AVSO Review Appraiser.

Legal Instructions

None. Should the appraiser require additional legal instruction during the course of the assignment, he/she must immediately notify the AVSO Review Appraiser.

Special Appraisal Instructions

1. 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.AVSO strongly recommends that the appraisal report format be the same or similar to the format (sequence and content) presented in 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 Realty Contact 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.

5. The appraiser's conclusion of highest and best use must be an economic use. The opinion of market value may not be predicated upon highest and best uses that are speculative or conjectural, or in the case of the subject a “value in use”. 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 with a balanced supply 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 the Scope of Work Rule in USPAP is made for guidance.

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.

General Appraisal Requirements and Instructions

1. 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.

2. The AVSO Statement of Work (SOW), employment contract (first two pages only) and other assignment instructions must be included within the Addenda to the appraisal report.

3. 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 Assignment Conditions, Extraordinary Assumptions, and Hypothetical Conditions.

4. 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 ensuring 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.

5. Appraisals must not rely on 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 regression analysis may be employed in the appraisal without prior discussion with, and written concurrence of, the Review Appraiser.

6. Documentation of the comparable sales and other market data utilized in the appraisal must comply with reporting requirements of UASFLA 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.”

7. 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”).

8. Color ground level photographs of the Subject Property shall be included in the appraisal report. Color photographs, parcel 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. Photographs in the size of 2 inches x 2 inches are generally not large enough to obtain a reasonable look (understanding) of the property.

9. 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.

10. 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.

11. 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.

12. 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.

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

14. When the appraiser has performed any services regarding the Subject Property within the three prior years, he/she must disclose this in the bid proposal.

SECTION 3 – Performance & Submission Requirements

The appraiser must address any questions regarding appraisal instructions and/or technical requirements for the appraisal to the AVSO Review Appraiser. The contact information for the AVSO Review Appraiser will be provided to the appraiser upon contract award The target date for delivery of the initial appraisal report to the AVSO Review Appraiser is 90 days from the contract award. 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.

Deliverable/Task Schedule

REQUIRED DELIVERABLES DELIVERY DATE

Pre-Work Meeting A “Pre-Work Meeting” may be required. Refer to the related section of this SOW and coordinate with the AVSO Review Appraiser.

Subject Property Inspection The appraiser must give advanced notification to both the BLM Realty Specialist and the AVSO Review Appraiser for the date and time of the inspection. The property owner, or owner’s designated representative, must be given the opportunity to accompany the appraiser during the inspection.

Initial Appraisal Report The target delivery date is 90 days from the contract award. 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.

The initial appraisal report will include one electronic (PDF) copy to be submitted directly to the AVSO Review Appraiser within the agreed upon deadline period. The PDF copy of the appraisal report must be unlocked and allow the AVSO Review Appraiser to search content, highlight text, and make review comments. Delivery to any other party is prohibited.

Review Period & Comments Provided to Appraiser

Within 30 days after initial appraisal received.

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