Solicitation 1240BD23Q0063 Appraisal Services.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

40BD

PORTLAND OR 97204-2829

STE 310

1220 SW 3RD AVE

USDA-FS CSA NORTHWEST 2

40BE CODE 16. ADMINISTERED BYCODE

X

X

X

531320

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR40BD

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/12/2023 1400 PD

03/29/2023

509-423-2224JORGE SOMOZA

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240BD23Q0063

5. SOLICITATION NUMBER

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

1 2 1085541OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

PORTLAND OR 97204-2829

STE 310

1220 SW 3RD AVE

USDA-FS CSA NORTHWEST 3

15. DELIVER TO

PORTLAND OR 97204-2829

STE 310

1220 SW 3RD AVE

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 SCHEDULEX

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)

USDA-FS CSA NORTHWEST 2

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.

Delivery: 12/31/2023 Period of Performance: 05/01/2023 to 12/31/2023

0001 Appraisal services for the Desolation Creek Land Purchase Project

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

JORGE SOMOZA

. 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.

Page 1 1240BD23Q0063 Desolation Creek Land Purchse Appraisal and Timber Crusing

SECTION B – CONTINUATION OF SF-1449

SCHEDULE OF ITEMS

Project Description: Desolation Creek Land Purchase ________________________________

Vendor Name: __________________________________Vendor UEI:___________________

Item Supplies/Services Qty Unit of Issue

Unit Price Total Price

0001 1 Appraisal Report of 13,489.35 Acres UMA.97-Desolation Creek Land Purchase

L. S.

0002 1 Timber Cruise for timber on 13,489.35 Acres UMA.97- Desolation Creek Land Purchase

L. S.

TOTAL

Schedule Notes:

One award will be made from this solicitation, contractors must submit pricing for all items.

Description of Requirement

The USDA Forest Service seeks to contract for an appraisal of property for which a timber cruise is a necessary component of valuation. This Timber Cruise Performance Work Statement is included as part of an appraisal assignment package consisting of an Appraisal Performance Work Statement, Appraisal Specifications, and various Exhibits.

Location

National Forest Umatilla

Project Name Desolation Creek Land Purchase

Case Number UMA.97

Case Type Land Purchase

Land Size 13,489.35 Acres

Page 2 1240BD23Q0063 Desolation Creek Land Purchse Appraisal and Timber Crusing

SECTION C - CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

(DEC 2022) (DEVIATION 2017-1)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (MAR 2023) (DEVIATION 2017-1, DEVIATION DEC 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31

U.S.C.3903 and 10 U.S.C. 3801)

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and

108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.] ☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I

(Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

Page 3 1240BD23Q0063 Desolation Creek Land Purchse Appraisal and Timber Crusing

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☐ (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1)

☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☐ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15

U.S.C.657a).

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

☐ (13) [Reserved] ☒ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

☐ (ii) Alternate I (Mar 2020) of 52.219-6.

☐ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

☐ (ii) Alternate I (Mar 2020) of 52.219-7.

☐ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and

(3)).(DEVIATION DEC 2022)

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☐ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (Sep 2021) of 52.219-9.

☐ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

☐ (ii) Alternate I (MAR 2020) of 52.219-13

☐ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s) [Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022)

(15 U.S.C. 657f).

https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

Page 4 1240BD23Q0063 Desolation Creek Land Purchse Appraisal and Timber Crusing

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C.

632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C.

637(m)).

☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

☐ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☐ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

☒ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (Jul 2014) of 52.222-35.

☒ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

☐ (ii) Alternate I (Jul 2014) of 52.222-36.

☒ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

☒ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☐ (36) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

☐ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

Page 5 1240BD23Q0063 Desolation Creek Land Purchse Appraisal and Timber Crusing

☐ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

☐ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-16.

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☐ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☐ (48)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

☐(ii) Alternate I (Oct 2022) of 52.225-1 ☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

☐(ii) Alternate I [Reserved] ☐(iii) Alternate II (Dec 2022) of 52.225-3.

☐(iv) Alternate III (Jan 2021) of 52.225-3.

☐(v) Alternate IV (Oct 2022) of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. Subtitle A, Part V, Subpart G Note).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

☐ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov

2021) (41 U.S.C.4505, 10 U.S.C.3805).

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

(31 U.S.C. 3332).

☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management

(Jul 2013) (31 U.S.C.3332).

☐ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46

U.S.C. 55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

Page 6 1240BD23Q0063 Desolation Creek Land Purchse Appraisal and Timber Crusing

☐ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

Contracting Officer check as appropriate.] ☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage/Fringe Benefits

WG-8 $27.44 / Fringe Benefits

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

☒ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

Page 7 1240BD23Q0063 Desolation Creek Land Purchse Appraisal and Timber Crusing this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and

E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan

2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

Page 8 1240BD23Q0063 Desolation Creek Land Purchse Appraisal and Timber Crusing

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801)

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days from the end of the contract.

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.242-15 Stop-Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022)

Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to

FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf

Page 9 1240BD23Q0063 Desolation Creek Land Purchse Appraisal and Timber Crusing modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from 05/01/2023 through 12/31/2023.

452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at a location beneficial to all.

452.236-73 Archaeological or Historic Sites (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

452.237-75 Restrictions Against Disclosure (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

Data Rights – General

1. The contractor will treat all deliverables under the contract as the property of the U.S.

Government for which the Government Agency has unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

2. The contractor will not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

Page 10 1240BD23Q0063 Desolation Creek Land Purchse Appraisal and Timber Crusing

3. The contractor will not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

4. The contractor will not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

5. The Government Agency owns the rights to all data/records produced as part of this contract.

6. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor will deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

7. The contractor agrees to comply with Federal and agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

8. No disposition of documents will be allowed without the prior written consent of the contracting officer. The agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the agency or destroyed without regard to the provisions of the agency records schedules.

9. The contractor is required to obtain the contracting officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract.

The Contractor (and any sub-contractor) is required to abide by Government and agency guidance for protecting sensitive and proprietary information.

10. The contracting officer needs to inform contractors of their responsibilities regarding records management if the contract involves access to agency records.

Page 11 1240BD23Q0063 Desolation Creek Land Purchse Appraisal and Timber Crusing

SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Title Pages

1. Appraisal Performance Work Statement 03/21/2023 17

2. Exhibit A: Appraisal Specifications 11/22/2022 15

3. Exhibit B: Timber Cruise Performance Work Statement 03/21/2022 4

4. Exhibit C: Preliminary Tile Report [PTR (Supp. One) 9/12/22 (separate Attachment) 15

5. Exhibit D: Land Description Verification 03/21/2023 (Separate Attachment) 15

6. QASP Review Checklist 8

7. Exhibit K: Desolation Creek Forest Management Plan FSC

Update (Separate Attachment) 83

8. Project Maps 6 Page No Description 1 Desolation Creek ACQ Map 08/29/2022

(Separate Attachment)

1 Desolation Creek Aerial Map 10/04/2022 1 1 Desolation Creek Map 09/02/2021 1 1 Desolation Creek Topo Map 10/04/2022 1 1 Desolation Creek Vicinity Map 07/18/2022 1 1 Desolation Creek Tax Parcel Map 10/21/2022 1

9. DOL Wage Determination No. 1977-0079 for Cruising 5

10. DOL Wage Determination No. 2015-5589 for Appraisal 14

11. Fire Protection and Suppression (R6-FS-6300-52) 6

12. Evaluation Factors 3

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Appraisal Performance Work Statement Desolation Creek Land Purchase – UMA.97 (3/21/23)

APPRAISAL PERFORMANCE WORK STATEMENT

FOR

Case Number: UMA.97

General Information

The USDA Forest Service is seeking to contract for a real estate appraisal and written appraisal report. The Appraiser must prepare, in compliance with the contract specifications, an appraisal of the following property (Subject Property):

National Forest Umatilla

Project Name Desolation Creek Land Purchase

Case Number UMA.97

Case Type Land Purchase

Land Size 13,489.35 Acres

The Assignment and Appraisal Assignment Package

Prepare an approvable, written appraisal report of the herein described Subject Property in compliance with the “Appraisal Assignment Package”. For the purposes of this project, the Appraisal Assignment Package refers to the following:

Appraisal Performance Work Statement

Appraisal Specifications

Timber Cruise Performance Work Statement

Supplied Exhibits

Appraisal Standards

The appraisal must conform to the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA), The Federal Uniform Relocation and Assistance Act (42 U.S.C.

4601), the Uniform Standards of Professional Appraisal Practice (USPAP), and the Appraisal Specifications attached to your contract.

If any of the provisions of USPAP conflict with those of UASFLA, then the standards of UASFLA take precedence under the Jurisdictional Exception of USPAP.

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Appraiser Requirements

State Certification The Offeror must show the ability to obtain a certified general appraiser license from the State of Oregon at the time of bid. Specify if the requirement will be met through existing certification, reciprocity, or temporary permit at time of bid.

The individual appraiser with whom the contract is made must actually prepare or be principally responsible for developing the appraisal report, and be prepared to testify in court if it becomes necessary (per 2016 UASFLA, Section 1.14)

Appraisal Management Company (AMC) No appraisal management company or other intermediary is eligible to bid on this contract unless the Contractor can provide an active Oregon AMC registration/license in good standing or provide documentation from the State of Oregon that the AMC/intermediary is not required to register or be licensed as an AMC.

The individual sub-contracted appraiser identified as “key personnel” must meet the “State Certification” requirements specified above.

Appraisal Scope of Work Elements

Client The client is the Director of Lands, Pacific Northwest Region, USDA-Forest Service.

Intended Users The intended users of the appraisal report are:

1. U.S. Forest Service (Forest Supervisors of the Umatilla National Forest, Forest Service realty personnel, Regional Office lands staff, agency Review Appraisers, and USDA Office of General Counsel); and

2. Desolation Creek, LLC, and its representatives.

Intended Use The intended use of the appraisal is to assist the client agency (Forest Service) in the negotiation of a potential purchase of the property (UASFLA 1.2.3).

Definition of 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 the appraisal, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property at the time of the appraisal (UASFLA 1.2.4).

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The definition of market value, required by the Uniform Appraisal Standards for Federal Land Acquisitions, is not “linked” to a specific “exposure time” estimate as required by the Uniform Standards of Professional Appraisal Practice (USPAP, SR 1-2(c)). “Such estimates are inappropriate for, and must not be included in, appraisal reports prepared for federal land acquisitions under these standards” (UASFLA, Section 1.2.4). This appraisal therefore invokes the Jurisdictional Exception Rule and does not include an opinion of reasonable exposure time.

Effective Date of Value The date of value must be no later than 30 calendar days prior to the submission of the initial appraisal report and will ideally be the date of the last property inspection. If these parameters cannot be reasonably met then contact the Forest Service Review Appraiser for written approval of how to best address the matter (e.g., use of an Extraordinary Assumption that no material changes in the Property condition have occurred between the last property inspection and the effective date of value).

Assignment Conditions

Legal Instructions None. Should the appraiser require legal instruction during the assignment, then he/she must immediately notify the Forest Service Review Appraiser.

Miscellaneous Assignment Requirements/Instructions Miscellaneous Assignment Requirements/Instructions provide an important part of the framework for the assignment in terms of the appraisal problem to be solved. The following Assignment Requirement(s)/Instruction(s) approved by the Client representatives (Forest Service realty personnel) are a basis of the appraisal: None.

Extraordinary Assumptions (EAs) The following extraordinary assumptions (EAs) approved by the Client representatives (Forest Service realty personnel) will be a basis of the appraisal:

1. It is assumed that the Subject Property is unaffected by hazardous material, and if found to be so affected, the property shall be cleaned up or the effect of the hazardous substances or petroleum products shall be remediated prior to conveyance. There is no record of hazardous materials having been deposited on the subject property; however, a current environmental site assessment has not been performed. Any condition other than the property being free from a “recognized environmental condition” may invalidate an approved appraisal report.

Remember to state in the report that use of the extraordinary assumption(s) may have affected assignment results (USPAP, Standard 2-2(xiii)) and, as part of the “Description of Scope of Work”, to provide explanation of the implications of EAs and HCs adopted for the appraisal (UASFLA 2.3.1.8).

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Hypothetical Conditions (HCs) None instructed. The Review Appraiser must be contacted to approve use of any Hypothetical Condition, which must be necessary to produce a credible appraisal and will require solicitor approval.

Jurisdictional Exceptions (JEs) The required JE regarding exposure time and the definition of market value was addressed earlier (see Market Value Definition). No other JEs are anticipated as being appropriate for the appraisal; if the assignment proves otherwise, then contact the Review Appraiser for approval.

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.

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 Rights Appraised (Description) The estate to be appraised is all the rights, title, and interest of Desolation Creek, LLC, in and to 13,489.35-acres of land, with consideration given to the reservations and outstanding rights as described in the preliminary title report (provided as Exhibit A of this document).

The mineral estate is entirely intact as of March 20, 2023. In January 2023 it was discovered that the mineral estate for portions of the Subject Property were held by Wells Fargo Bank, National Association and subsequently Wells Fargo has relinquished its title to Desolation Creek, LLC via quitclaim deed.

The appraisal will reflect that no property rights are being reserved by the property owner (relative to the proposed sale of the property to the Forest Service, that this appraisal will help facilitate).

Approaches to Value The “Description of Scope of Work” shall discuss of the applicability of all three approaches to value and explain the exclusion of any approaches to value (UASFLA 2.3.1.8).

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Summary of Property to be Appraised

Case Name Desolation Creek Land Purchase – UMA.97

Case History and Special Instruction The Desolation Creek, LLC owns the land that is the subject of this appraisal assignment and it has voluntarily offered to sell the subject to the U.S. Forest Service (USFS). This 13,489.35-acre privately held parcel has a history of timber production, grazing, recreation, and more recently integrated habitat restoration.

No notable controversies are known or anticipated. Accessing property should be manageable for three seasons, with no access during the winter months. There are two private inholdings on the subject property, but no trouble is expected in inspecting property. The Grant County Commissioners, local Tribes, and the public reportedly support the Forest Service acquiring this property.

The appraiser must appraise the subject property in its “As Is” condition unless authorized in writing by the Forest Service Review Appraiser to do otherwise (e.g., this PWS).

Property Summary The property to be appraised (Subject Property) lies approximately 10 miles south of Ukiah and 1.5 miles southeast of Dale, in Grant County, Oregon. Dale is about 17 miles south of Ukiah, near the Umatilla-Grant County border and just south of the 45th parallel north.

It has a history of timber production and grazing, with recreational elements. The Property comprises nearly 20% of the Desolation Creek watershed, which is one of the most diverse watersheds on the Umatilla National Forest, and its acquisition will provide an excellent opportunity to protect and restore healthy watersheds over a large (landscape level) project area. The Subject Property contains 10 miles of Desolation Creek, a critical fisheries habitat, and is the largest private inholding on the Umatilla National Forest. Further, being adjacent to the 15,000-acre Bridge Creek State Wildlife Area it provides wildlife connectivity between the North Fork John Day Wilderness and Wildlife area.

Topography has elevations from 3,050 to 5,100 feet, ranging from river meadows to rolling foothills, with mostly gradual slopes and steep terrain along parts of Desolation Creek. The Forest Service reports the parcel includes over 25 square miles of land, approximately 200 acres of streamside vegetation, 20 acres of wet meadows, with 12 creeks and intermittent streams, and 8 natural springs. Foothills are predominately vegetated with Ponderosa Pine with various firs and pines interspersed.

A land management plan has been developed for the property and much of the property data conveyed herein is from this source; it is titled Desolation Creek Land Management Plan and was prepared for Ecotrust Forest Management (EFM) in June 2015 and updated July 2020.

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There are three inholdings within the Subject Property, all of which are accessed through existing USFS roads. Two are privately owned and their improvements reportedly seem to be far enough off of the boundary lines to alleviate encroachment concerns, but a survey would be needed to be absolutely certain. These are listed below from north to south:

1. Tax Lot 7S32E-701 is a 1.06-acre parcel situated along NF Rd. 1003, at the confluence of Desolation and Moonshine Creeks. This is reportedly improved with a cabin and outhouse.

2. Tax Lot 7S32E-1200 is a 160-acre parcel access from a gated spur road from NF Rd.

050. It appears to be improved with a cabin or manufactured home and several cattle-oriented outbuildings (based on aerial photos).

3. Tax Lot 7S32E-1600 is a 10-acre unimproved parcel with NF Rd. 10 crossing its northeast corner. It may also include Mote Spring. This is owned and operated by the U.S. Forest Service.

Assessor Parcel Numbers According to the LDV (see Exhibit B): Grant County 7S32E-700 & -900 8S32E-100 & -300 8S33E-200

Legal Description The Forest Service’s “Land Description Verification” (LDV) document provides the controlling identification of the subject property and shall be used in the appraisal report, even though the LDV may differ slightly from descriptions shown in other available documents or sources.

The legal description incorporated (used) for the appraisal shall be verbatim from the Forest Service’s LDV dated March 21, 20232.

Any discrepancies in/with the legal description uncovered during the appraisal process are to be immediately brought to the attention of the Review Appraiser.

Landowner: Desolation Creek, LLC ATTN: Bettina von Hagen

721 NW 9th Ave, Suite 200 Portland, OR 97209

(503) 939 3382

Larger Parcel Uniform Appraisal Standards for Federal Land Acquisition (UASFLA) requires the appraiser to make a larger parcel determination in all appraisals. The appraiser must describe the factual basis and analysis underlying the conclusion of the larger parcel analysis. The three tests developed under larger parcel analysis (unity of highest and best use, unity of title, 7 | P a g e and contiguity) must be reported in sufficient detail for the client and intended users to fully understand the factual and analytical basis for the conclusion. For related details and/or requirements, refer to the UASFLA, Section 1.4.6.

Appraisal Solicitation Premise – It is understood there is no abutting or otherwise relevant property associated with the Subject Property ownership and economic-oriented use, and this should be the basis for the Offeror’s response to the appraisal solicitation. The appraiser must confirm this with the property owner and/or other data sources as part of the larger parcel analysis. If during the appraisal analysis it is determined there is other/additional property included in the Larger Parcel conclusion(s) and the appraisal scope is materially altered, then the appraiser must contact the Review Appraiser regarding changes in the scope of work and contract elements such as the appraiser’s fee and delivery schedule (which can be adjusted accordingly and reasonably).

Estate to be Appraised The estate to be appraised is all the rights, title, and interest of Desolation Creek, LLC, in and to 13,489.35-acres of land, with consideration given to (1) the reservations and outstanding rights as described in the preliminary title report (provided as Exhibit A of this document) and (2) any reservation of property rights specified herein (see following section title “Reservation of Property Rights”).

The mineral estate is entirely intact as of March 20, 2023. In January 2023 it was discovered that the mineral estate for portions of the Subject Property were held by Wells Fargo Bank, National Association and subsequently Wells Fargo has relinquished its title to Desolation Creek, LLC via quitclaim deed.

The preliminary title report available for appraisal reliance is effective as of September 12, 2022 (Land Title Company of Grant County, Inc.; Order No. 27890). This does not reflect that at that time the mineral estate for portions of the Property were owned by another party, because it was unknown due to nuances of title data availability. The Subject Property’s mineral estate is now entirely intact (owned by the fee title holder) and therefore the preliminary title report is understood to be accurate and applicable for the appraisal at hand.

Additional outstanding rights, encumbrances, unauthorized occupancies, etc. uncovered during the appraisal process are to be brought to the attention of the Review Appraiser.

It is unacceptable to state that the property has been appraised as if free and clear of all encumbrances. The encumbrances must be identified within the “Assumption and Limiting Conditions” section of the appraisal report (UASFLA 2.3.1.7) and described in the estate appraised in the scope of work section of the report (UASFLA 2.3.1.8). The impact on value for each encumbrance shall also be clearly stated in the appraisal report.

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Reservation of Property Rights None (the current owners will not be reserving any property rights for the proposed property transfer associated with the appraisal stemming from this PWS).

Mineral Rights Mineral rights are part of the property interest to be conveyed (and appraised). The mineral estate is entirely intact, having been unified on of March 20, 2023. In January 2023 it was discovered that the mineral estate for portions of the Subject Property were held by Wells Fargo Bank, National Association and subsequently Wells Fargo has relinquished its title to Desolation Creek, LLC via quitclaim deed.

Mineral Potential A statement…