W9126G18R0388.pdf

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 19 Each

Funded Amt:

Project Segment #2 Tracts-for Appraisal

NAICS CD: 531320

, FSC CD: R411

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 21 Each

Funded Amt:

Project Segment #3 NAICS CD: 531320

, FSC CD: R411

BID SCHEDULE

List of Offering of Properties Needing to be Appraised

Tract Use Improvements Splits

Complexity (High, Medium, or Low) Price

RGV‐MCS‐2104 Agricultural None 1

RGV‐MCS‐2114 Agricultural None 1

RGV‐MCS‐2127 Agricultural None 1

RGV‐WSL‐6002 Agricultural None 1

RGV‐WSL‐6007 Agricultural None 1

RGV‐WSL‐8001 Agricultural None 1

RGV‐WSL‐8002 Agricultural None 1

RGV‐WSL‐8004 Agricultural None 1

RGV‐WSL‐8005 Agricultural None 1

RGV‐MCS‐2117 Agricultural None 1

RGV‐MCS‐2118 Agricultural None 1

RGV‐MCS‐2120 Agricultural None 1

RGV‐MCS‐2121 Agricultural None 1

RGV‐MCS‐2122 Agricultural None 1

RGV‐MCS‐2126 Agricultural None 1

RGV‐WSL‐4001 Small Res Lot None 1

RGV‐MCS‐2105 Res/Ag Residential 1

RGV‐MCS‐2105‐1, Res/Ag Residential 1

RGV‐MCS‐2110 Res/Ag Residential 1

RGV‐MCS‐2112 Res/Ag Residential 1

RGV‐MCS‐2115 Res/Ag Residential 1

RGV‐WSL‐4003 Res/Ag Residential 1

RGV‐MCS‐2125 Res/Ag Residential 1

RGV‐MCS‐2101 Agricultural None 2

RGV‐MCS‐2102 Agricultural None 2

RGV‐MCS‐2106 Agricultural None 2

RGV‐MCS‐2116 Agricultural None 2

W9126G18R0388

RGV‐WSL‐4000 Agricultural None 2

RGV‐WSL‐4002 Agricultural None 2

RGV‐WSL‐6001 Agricultural None 2

RGV‐WSL‐6004 Agricultural None 2

RGV‐WSL‐6005 Agricultural None 2

RGV‐WSL‐6006 Agricultural None 2

RGV‐WSL‐8000 Agricultural None 2

RGV‐MCS‐2113 Res/Ag Residential 2

RGV‐WSL‐6003 Res/Ag Residential 2

RGV‐WSL‐7001 Industrial Industrial 1

RGV‐WSL‐7002 Industrial Industrial 1

RGV‐MCS‐2124 Industrial Industrial 1

RGV‐WSL‐7000 Industrial Industrial 2

Total

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Real Estate Appraisal Services U.S. Army Corps of Engineers (USACE)

Through this performance work statement (PWS), the U.S. Corps of Engineers (USACE), Fort Worth District, is requesting a cost proposal for the appraisal of 38 separate tracts of land and improvements in the Rio Grande Valley (RGV) within Hidalgo County, TX. The purpose of the acquisition is to obtain land needed for the construction and operation of border security facilities. A typical acquisition in many cases involves severances of whole parcels and valuations of both fee and easement estates, and any severance damages and/or benefits that may occur as a result of the acquisitions.

The contractor MUST be licensed by the State of Texas as a Certified General Appraiser and provide all labor, materials, equipment, and transportation necessary to prepare 38 appraisals that are compliant with USACE ER 405- 1-04, the current version of the Uniform Standards of Professional Appraisal Practice (USPAP) and the 2016 Version of the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA), aka "Yellow Book". In the event of a conflict between UASFLA and USPAP, UASFLA will take precedence

1. REQUIREMENTS FOR HYPOTHETICAL CONDITIONS, JUSTIDICTIONAL EXCEPTIONS OR

EXTRAORDINARY ASSUMPTIONS: Should the appraiser consider that a Jurisdictional Exception, Hypothetical Condition or Extraordinary Assumption may be required for any of the appraisals, written approval must be obtained from the following Point of Contact (POC) prior to proceeding with the appraisal assignment.

The POC for Appraisal Content and Methodology is:

Roger Jennings U.S. Army Corps of Engineers, Fort Worth District 819 Taylor Street Fort Worth, TX 76102 Telephone 817-886-1226 Email – roger.c.jennings@usace.army.mil

Each appraisal will be reviewed internally by a qualified Government Review Appraiser. Any findings of inadequacy by the Review Appraiser will require clarification and/or correction prior to acceptance of the appraisal report.

2. Two Phases of the Contract:

This contract will be performed in two phases. Bids submitted for this contract should account for all work associated with both phases.

2.1 PHASE I – Draft Appraisal:

a. In the draft appraisal phase the appraiser will develop an appraisal using estimated acreages based on data gathered from the maps provided herein and ownership information gathered by the contractor via public sources.

b.

2.2 PHASE II – Final Appraisal: The final appraisal will be developed using acreage amounts taken from actual surveys that will be provided to the contractor by the U.S. Army Corps of Engineers (USACE) within 60 days of the contract award date. The surveys are currently being developed and will be distributed to the contractor after they have been received and reviewed by the U.S. Army Corps of Engineers. Upon receipt of the survey by the contractor, the contractor will have 30 days to revise the draft appraisal and convert it into the final appraisal using the surveyed acreage for the valuation. Should for any reason the contractor not receive the survey from USACE in the allotted 60 days, the draft appraisal will be accepted by USACE as the final appraisal.

3. Estate to be Acquired/Interest to be Appraised:

PHASE 1:

3.1 In the before condition, the estate to be appraised is fee simple for the whole.

3.2 In the after condition, the estates to be appraised for any remainders will be fee simple

3.3. The estate of the area being acquired by the government will be as follows:

“The estate for the portion of the land acquired by the government is fee simple, subject to existing easements for public roads and highways, public utilities, railroads and pipelines and subject to Easements Appurtenant reserved in Declarations of Taking or granted by the United States of America across lands acquired by the United States for border barrier purposes to provide access to owners of property on the riverside of the border barrier. The estate taken excludes all interests in minerals; in water rights associated with or appurtenant to the land; and in water distribution and drainage systems, provided that any surface rights arising from the excluded interests in water distribution and drainage systems are subordinated to the construction, operation, and maintenance of the IBWC levee and border barrier.”

PHASE II - THE ESTATE ACQUIRED BY THE GOVERNEMT:

3.4. The final estate language for the part acquired in the after has yet to be definitively determined therefore it may or may not change in the future. If it does change it will certainly be fee simple with exclusions and most likely with exclusions similar to the estate described in 3.3 above. Should the acquired estate language change prior to the contractor submitting the final appraisal in Phase II, the appraiser will notified of the change and then be expected to take into account any influence the change may have on the after condition values. Should for any reason the contractor not receive written notification of a change in the acquired estate language from USACE prior to submitting the final appraisal, this clause to the PWS (3.4) will not apply.

4. Appraisal Services:

The Contractor shall provide all labor, materials, equipment, and transportation to prepare a “Yellow Book” compliant, self-contained narrative appraisal report (under UASFLA, Appraisal Report under USPAP) except to the extent that UASFLA requires invocation of USPAP’s Jurisdictional Exception Rule, as described in Section D-1of the UASFLA. In the event of a conflict between UASFLA and USPAP, UASFLA takes precedence. A copy of the UASFLA can be obtained through the Appraisal Institute or is available online at: www.justice.gov/enrd/land-ack.

5. Property to be appraised:

The property to be appraised entails the mostly partial acquisitions but in some cases the acquisitions are of the whole property. There are 38 separate tracts of land. Depending on the location of the site and topography, the access road may vary in width from 30' to 60' and may be up to one (1) mile in length. Aerial maps showing the locations of the access roads are provided in this offering.

6. Special Note Regarding Existing Easements/Encumbrances:

Vendors should note much if not all of the properties being appraised under this contract have an existing International Boundary and Water Commission (“IBWC”) encumbrance in the Before condition and sometimes in the After condition that must be given consideration by the contractor in the valuation process.

7. Effective Date and Date of Report:

Both the effective valuation date of the appraisal and the date of the report shall be included in the Executive Summary of Salient Facts and Conclusions section of the report. The term effective date shall be used to identify the date of value. Date of the report identifies the date the report is written/completed.

8. Owner Contact and Property Visitation:

Pursuant to UASFLA, Section 1.2.6.4, the appraiser shall contact the owner of the property or their designated representative to obtain permission to inspect the property and offer them the opportunity to accompany the appraiser during the site visit. The appraiser shall make a personal visit to each property. The appraisal report shall state the owner's or designated representative's name, address, telephone number, and the date(s) of contact. The appraiser shall briefly describe the owner's/designee's participation in the site visit and summarize any comments made by the owner/designee regarding the proposed acquisition. This information will be included in the Executive Summary of Salient Facts and Conclusions section of the report.

9. Exposure Time:

Pursuant to UASFLA, Section 4.2.1.2, the appraiser should not link an opinion of market value made for Federal acquisition purposes to a specific exposure time. This is contrary to USPAP and is considered a Jurisdictional Exception for the purpose of this appraisal assignment. The UASFLA definition of market value presumes that the subject property was on the market for a reasonable length of time prior to the effective date.

10. Ten-Year History of the Subject Property:

Pursuant to UASFLA, Section 4.4.2.4.1 the appraiser shall include the 10-year sales history of the subject property (including the whole property or portions). If no sale has not occurred in the past 10-years, report and analyze the last sale of the property, irrespective of date. When relevant, the last sale should be included and analyzed as a comparable in the Sales Comparison Approach.

11. Rental History:

Pursuant to UASFLA, Section 1.3.1.6, the appraiser shall report the lease history of the property for at least the past 3-years. All current leases shall be reported including the date, name of tenant, rental amount, term of the lease, parties responsible for property expenses, and other pertinent lease provisions.

12. Market Value:

Pursuant to UASFLA, Section 4.2.1, Market Value is defined as:

"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 compelled to buy or sell giving due consideration to all available economic uses of the property."

No other definition of market value is acceptable for the subject appraisals and no other market value definition should be included in the report.

13. Legal Descriptions:

Legal descriptions will not be provided in Phase I of this contract. The contractor is expected to use the maps provided herein and information available from public records to estimate the property boundaries and acreages in the draft appraisal stage. A complete list of the 38 properties along with maps depicting the Before and After condition of each of property to be appraised are attached to this contract. Surveys of the acquisitions if available will be provided to the contractor in Phase II of this contract.

14. Access to the Remainders:

USACE will provide access roads to all remainders. The maps provided herein indicate where the access roads are planned and the approximate linear distance of these roads. All are identified with yellow lines and the approximate distance is stated in the key of each map.

14.1 SPECIAL NOTE WITH REGARD TO ACCESS OF THE REMAINDERS:

All access roads to remainders that are on the southerly side of the proposed acquisition areas will require gated access. All owners of these areas will be provided with access codes allowing them to open the gates to access their remainder parcels. NONE of the remainders will be landlocked. Any affect this may or may not have on the valuation of any of the properties being appraised under this contract will need to be reported, analyzed, and supported with market data examples should it be a consideration in the valuation.

15. Extraordinary Assumptions:

There are no extraordinary assumptions for this assignment. If the appraiser identifies an issue that may require an extraordinary assumption, the POC shall be notified immediately for specific written approval.

16. Hypothetical Conditions:

No hypothetical conditions are allowed without specific written approval from the

POC.

17. Unit Rule:

Pursuant to UASFLA, Section 1.2.7.3.2, the property must be valued as a whole for Federal Acquisition purposes, with due consideration of all of the components that make up its value.

18. Larger Parcel:

Pursuant to UASFLA, Section 1.2.7.3.1, discussion of the larger parcel is essential to the appraiser's conclusion of highest and best use. The larger parcel is defined in UASFLA, Section 4.3.3, as the tract or tracts of land that possess a unity of ownership and has the same, or an integrated, highest and best use. It is critical that the appraiser determine the larger parcel in order to complete the required UASFLA compliant appraisal (before and after) and determine any damages that may occur to the remainder in the "after".

19. Property Improvements:

When applicable the appraiser shall include measurements and photographs of all property improvements including any tenant improvements. The salvage value of all improvements is also required for compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. Any personal property items shall be identified in the report but not valued.

20. Appraisal Format:

Given that most of the 38 appraisals will be partial acquisitions, the appraisal shall follow and include items in the recommended format in Appendix C of 2016 UASFLA. The format may be modified as necessary and inapplicable items may be omitted.

• Introduction

• Title Page

• Letter of Transmittal

• Table of Contents

• Appraiser's Certification

• Executive Summary of Salient Facts and Conclusions

• Photographs

• Statement of Assumptions & Limiting Conditions

• Scope of Appraisal

• Factual Data - Before Acquisition

• Legal Description

• Area, City, and Neighborhood Data

• Property Data

• Site

• Improvements

• Fixtures

• Use History

• Sales History

• Rental History

• Assessed Value and Annual Tax Load

• Zoning and Other Land Use Regulations

• Data Analysis and Conclusions - Before Acquisition

• Highest and Best Use

• Four Tests

• Larger Parcel

• Land Valuation

• Sales Comparison Approach

• Subdivision Development Method

• Cost Approach

• Sales Comparison Approach

• Income Capitalization Approach

• Reconciliation and Final Opinion of Market Value - Before Acquisition

• Factual Data - After Acquisition

• Legal Description

• Neighborhood Factors

• Property Data

• Site

• Improvements

• Fixtures

• Use History

• Sales History

• Rental History

• Assessed Value and Annual Tax Load

• Zoning and Other Land Use Regulations

• Data Analysis and Conclusions - After Acquisition

• Analysis of Highest and Best Use

• Land Valuation

• Cost Approach

• Sales Comparison Approach

• Income Capitalization Approach

• Reconciliation and Final Opinion of Market Value - After Acquisition

• Acquisition Analysis

• Recapitulation

• Allocation and Damages

• Special Benefits

• Exhibit and Addenda

• Location Map

• Comparable Data Maps

• Details of Comparable Sales and Rental Data

• Plot Plan

• Floor Plan

• Title Evidence Report (if available)

• Other Pertinent Exhibits

• Qualifications of Appraiser(s)

21. Appraiser's Certification:

Pursuant to UASFLA, Section 2.3.1.4, the appraisal report shall include an appraiser's signed certification that is consistent with the certification requirements of USPAP Standard 2. In addition, the following statements related to these Standards must be included:

• The appraisal was developed and the appraisal report was prepared in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions;

• The appraisal was developed and the appraisal report prepared in conformance with the Uniform Standards of Professional Appraisal Practice and complies with USPAP's Jurisdiction Exception Rule when invoked by Section

1.2.7.2 of the Uniform Appraisal Standards for Federal Land Acquisitions; and

• The appraiser has made a physical inspection of the property appraised and that the property owner, or designated representative, was given the opportunity to accompany the appraiser on the property inspection.

22. Photographs and Maps:

The appraiser shall include photos of all major improvements, any unusual or unique features on the subject properties. Each photo should be numbered and show the identification of the property, the date taken, the name of the person taking the photo, and the direction of the camera lens.

The appraiser should be aware that if the Government can't voluntarily acquire, the land may be substantially altered and improvements demolished prior to a final decision in a condemnation trial. Photos are important in documentation of the condition of the subject property as of the effective date of the appraisal.

Photos of each comparable sale are also required and each photo shall include the date taken and the name of the person taking the photo. Maps should be legible and show directional orientation. The locations of the comparable sales and the subject property should be shown on the same maps so that the reader of the report can understand the relative proximity.

23. Comparable Sales:

Documentation of each comparable sale shall include the name of the buyer and seller, date of the sale, type of sale instrument, document recording information, sale price, terms of the sale, location, zoning, present use, high and best use, and a brief physical description of the property. A plot plan or sketch shall also be included. Inclusion of transfer document (deed or contract) is not required or desirable unless it is unusual. The contracted appraiser shall personally visit each comparable used in the analysis.

24. Use of Consultants:

The appraiser may need to consult with experts in forestry and minerals to become familiar with those aspects of the subject properties and to obtain valuations. Affiliation with a qualified local expert may be appropriate. This should be considered in the cost proposal. Also, in discussing the separate elements of each property, the appraiser shall clearly state that these elements were considered with respect to their enhancement of the value of the whole property.

25. Environmental Issues:

The subject properties are to be appraised "as is" as of the effective date of the appraisal. Inclusion of the assumption that the property is free of contamination from hazardous substances when there is evidence by past use of the property or by the appraiser's site visit that the property may, in fact, be contaminated is not acceptable.

26. Appraiser Qualifications and State Certification:

The appraiser MUST be licensed in the State of Texas as a Certified General Real Estate Appraiser and have knowledge and experience in the development of "Yellow Book" compliant appraisal. The appraiser must also have the knowledge and experience to complete the assignment competently as required by the USPAP Competency Rule.

27. Copies of Appraisal Report:

The appraiser shall submit one (1) signed copy of the final report plus a signed electronic version (pdf) for the each appraisal.

28. Due Date and Acceptance of Appraisal Reports:

All draft/final appraisal reports will be due within 90 calendar days from date of contract award. Final appraisal reports will be due within 30 days of receipt of the surveys by the appraisal contractor. USACE has up to 60 days to make delivery of the surveys. If USACE has not delivered the outstanding surveys for certain parcels within 60 calendar days from date of contract award the draft appraisal report will be accepted by UASACE as the final appraisal. The appraisal report will be reviewed for compliance with the terms of this SOW, UASFLA, and USPAP internally by a qualified Government Review Appraiser. Any findings of inadequacy by the Review Appraiser will require clarification and/or correction prior to acceptance of the appraisal report.

29. Confidentiality:

The appraiser's valuations and appraisal reports are considered confidential information and the appraiser should not divulge his findings and opinions to anyone except authorized officials of the U.S. Army Corps of Engineers.

30. GENERAL:

This is a non-personal services agreement to provide appraisal services to be performed by a State Certified General Appraiser. The work is associated with current and future projects that allow successful achievement of the USACE Mission. These services are to be performed within the state of Texas. The majority of the work is thought to be within the State of Texas. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

30.1. Description of Services/Introduction: The Contractor shall have all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform real estate appraisal services as defined in this Performance Work Statement except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this agreement. Work efforts and subsequent documentation shall be in accordance with the requirements of this PWS. The Contractor shall obey all laws, rules, and regulations of the United States; applicable State and local governments having jurisdiction over the activities in this PWS. The Contractor shall be responsible for determining which laws, rules, and regulations apply to a particular task(s) of each order. The Contractor shall be responsible for obtaining and maintaining any registration or certification as required by the various Federal, State, and Local regulatory agencies, along with any other registrations, certifications, licenses, permits, warrants, permissions or other credentials required to perform the contracted Order(s).

The Contractor shall provide appraisal reports that will conform to the Uniform Appraisal Standards for Federal Land Acquisition (UASFLA) and the Uniform Standards of Professional Appraisal Practice (USPAP). Products will be ordered by individual Order(s). Products that may be ordered are Self-Contained Reports (as defined by UASFLA) or Appraisal Report (as defined by USPAP) that will be agreed upon between the Appraisal Branch representative and the appraiser at the time of the appraisal assignment. Cost proposals should be provided on a per appraisal assignment basis. In addition, the cost proposal shall include all costs incurred in producing the work items described herein and shall fully document all assumptions made for accomplishment of the Order(s) referencing this PWS.

30.2. Scope: The purposes of the appraisal services are to provide written reports for estimates of opinions of market value for various estates on a wide variety of properties. The function of the appraisal reports will be to provide the basis for acquiring private properties, and for estimating real estate costs on projects in the planning stages. Services include providing appraisal expertise. The Contractor agrees to attend conferences preliminary to trial, as requested, and to testify should these additional services be required. The compensation for such work will be paid by the Department of Justice from funds available to that agency. The rate of compensation will be negotiated by the appraiser and the Department of Justice. Types of properties to be appraised include but are not limited to:

A wide variety of both developed and vacant land. This would include commercials, industrial, residential, or special use properties.

Partial interest takings of properties with damages or benefits to the remainder.

Agriculture properties which could include range land, improved pasture, cropland, developed farms and orchards.

Contaminated properties.

The Contractor shall accomplish the necessary services to ensure the appraisal reports contain, in both format and content, recognized appraisal principles and practices, adequate factual data to support the highest and best use and the value conclusions, and shall conform to all of the requirements of the UASFLA and USPAP, along with the code of professional ethics and the standards of professional practice for those organizations to which the appraiser may belong.

31. Quality Control Program (QCP):

The contractor shall develop and maintain an effective QCP to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which he/she assures themselves that the work complies with the requirements of the contract. The QCP shall be submitted as part of the contractor’s proposal. Thereafter, when changes to the QCP are required three copies of the revised QCP shall be submitted to the KO and COR within 5 working days of the revisions being made. Upon submission of the revised QCP the contractor shall receive the KO’s approval or disapproval in writing.

32. Quality Assurance:

The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

33. Government Holidays:

The Contractor is not required to perform services on the Holidays listed below.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

34. Hours of Operation:

As necessary to meet the terms of each individual Order.

35. Place of Performance:

The work to be performed under this agreement will be performed at the appraisers place of business and for each appraisal assignment, the principle appraiser shall personally perform a site visit to the subject property and all of the comparable properties used in arriving at the estimate of market value unless an exception is approved in writing by the Appraisal Branch representative.

36. Type of Contract:

The government will award a Firm Fixed Price Contract.

37. Security Requirements:

Not applicable.

38. Special Qualifications:

If the Contractor is not certified in the jurisdiction of the subject property, documentation must be submitted confirming that they meet the non-resident or temporary certification criteria. Neither the appraiser’s time nor expense required to become certified in that state shall extend the report’s required delivery date or entitle the Contractor to additional compensation.

39. Post Award Conference/Periodic Progress Meetings:

The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review their performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views their performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

40. Contracting Officer Representative (COR):

The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the service provider concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor the service provider's performance and notifies both the Contracting Officer and service provider of any deficiencies; coordinate availability of government furnished property, and provide site entry of service provider personnel. A letter of designation issued to the COR, a copy of which is sent to the service provider, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the agreement or Order.

41. Contractor Key Personnel:

The following personnel are considered key personnel by the Government: The State Certified General Appraiser and any other licensed appraiser will be identified and will sign the report.

42. Identification of Contractor Employees:

Not applicable.

43. Contractor Travel:

Not applicable.

44. Data Rights:

The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

45. Organizational Conflict of Interest:

Organizational conflict of interest (“OCI”) means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. Contractor shall ensure that neither it, nor its employees, have a current OCI with owners of any of the land identified. If an OCI is discovered or arises during the term of this contract, Contractor shall immediately inform Government counsel..

46. Government Furnished Items and Services:

Facilities: Not applicable.

Equipment: Not applicable.

Materials: Maps identifying the properties to be appraised are supplied in this offering. Surveys will be supplied in Phase II if possible within the contracted timeframe for completion. Any changes to the acquired estate language will be supplied by USACE prior to submission of the final appraisal if available.

47. Contractor Furnished Items and Responsibilities:

General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Paragraph 1.5 of this PWS.

Equipment: Not applicable.

Materials: Not applicable.

48. Contractor Management Reporting (CMR):

Not applicable.

49. Applicable Publications (Current Editions):

The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. The reports shall be prepared in accordance with UASFLA and USPAP guidelines. In the event there is a conflict, UASFLA will prevail and the appraiser may invoke a Jurisdictional Exception.

Attachment/Technical Exhibit List:

Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

Attachment 2/Technical Exhibit 2 – Deliverables Schedule

Attachment 3/Technical Exhibit 3 – A list of the properties to be appraised with contact information and their geographical coordinates.

Attachment 4/Technical Exhibit 4– Maps identifying the acquisition properties in the Before and After condition.

TECHNICAL EXHIBIT 1

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective (The Service required—usually a shall statement)

Standard Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Method of Surveillance

PRS # 1.

The contractor shall provide the requested appraisal report in the agreed upon format and within the agreed upon time frame.

The contractor provided the requested service within the agreed upon time frame and/or due date.

Appraisal reports meet due dates 95% of time.

100% Inspection and review.

PRS # 2

The appraisal reports shall contain, in both format and content, recognized appraisal principles and practices, adequate factual data to support the highest and best use and the value conclusions, and shall conform to all the requirements of UASFLA and

USPAP.

The appraisal report conformed to accepted practices and meets regulatory requirements.

Appraisal reports meet requirements 95% of the time. Corrections were made by due date 100% of the time.

100% Inspection and review

PRS # 3

The appraiser agrees to attend conferences preliminary to trial, as requested, and to testify should these additional services be required. The rate of compensation will be negotiated by the appraiser and the Department of Justice.

The appraiser provided the required services for trial as negotiated with the Department of Justice.

Appraiser met requirements 95% of the time.

100% Inspection and review

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To All draft/final appraisal reports will be due within 90 calendar days after the NTP is issued by the Contracting Officer. If applicable final appraisal reports will be due within 30 days of receipt of the surveys by the appraisal contractor

Reports are due in the USACE office on the agreed upon due date in the PWS

1 signed electronic copy of the final report will be provided.

The medium/format that the deliverable is to be provided in:

Electronic = PDF

Delivery of all appraisal reports will be to:

Roger Jennings U.S. Army Corps of Engineers, Fort Worth District 819 Taylor Street Fort Worth, TX 76102 Telephone 817-886- Email – roger.c.jennings@us ace.army.mil

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2016 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0013)

APR 2018

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

OCT 2014

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations On Subcontracting JAN 2017 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

MAY 2014

52.222-44 Fair Labor Standards And Service Contract Labor Standards- Price Adjustment

MAY 2014

52.222-50 Combating Trafficking in Persons MAR 2015 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer OCT 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(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. The following factors shall be used to evaluate offers:

1. Technical:

a. License: Identify each appraiser proposed for this solicitation and provide a copy of their current Texas Certified General Appraisal License. This is a requirement. Failure to comply may result in your proposal not being considered for award.

b. Affiliations: List all other current professional appraisal affiliations and designations for each appraiser. These may be considered a strength.

c. Yellow Book: List the number of appraisals complaint with the Federal Land Acquisition (Yellow Book) each appraiser has performed. Identify if they were appraisals for partial acquisition of commercial, industrial, residential, or agricultural properties and highlight any appraisals in which damages and benefits to the remainder were identified.

d. Expert Witness: List the number of times each appraiser has testified as an expert witness utilizing either the State or Federal rule for appraisals used in condemnation actions

2. Past Performance

3. Price

Technical and past performance, when combined, are approximately equal to 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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;.

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications.