W9126G19R0026-Solicitation.pdf

W9126G19R0026

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

Funded Amt:

Appraisal Services Hidalgo County, TX

CBP SWBI, FY19 RGV Real Estate-RGV-04 Gross Appraisals

NAICS CD: 531320

, FSC CD: R411

BID SCHEDULE

Bid Schedule List of Offering of Properties Needing to be Appraised

Tract Use Splits Complexity Estimated Cost RGV-MCS-3015 Agricultural 1 Low RGV-MCS-3016 Agricultural 1 Low RGV-MCS-3018 Agricultural 1 Low RGV-MCS-3020 Agricultural 1 Low RGV-WSL-2013 Agricultural 1 Low RGV-WSL-1005 Residential 1 Low RGV-WSL-1007 Residential 1 Low RGV-WSL-1011 Residential 1 Low RGV-MCS-3001 -3005 Agricultural 3 Medium RGV-MCS-3006 & 3006-1 Agricultural 2 Low RGV-MCS-3013-3014 Agricultural 2 Low RGV-MCS-3017 Agricultural 2 Low RGV-MCS-3022 Agricultural 2 Low RGV-MCS-3023 Agricultural 3 Medium RGV-WSL-1006 -1008 Residential 1 Medium RGV-WSL-1009 Residential 1 Medium RGV-WSL-1010 Residential 1 Medium RGV-MCS-3007-3009 Agricultural 3 Medium RGV-MCS-3011 Industrial 1 Medium RGV-MCS-3012 Industrial 1 Medium RGV-MCS-3010 & 3010-1 Industrial 6 High Total

SOLICITATION INFORMATION

PROPOSAL SUBMISSION: FAX, MAILED, OR HAND CARRIED PROPOSALS WILL

NOT BE ACCEPTED

Proposals shall be emailed ONLY to:

E-Mail: Elizabeth.j.kelley2@usace.army.mil

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 21 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 21 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. Estate to be Acquired/Interest to be Appraised:

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

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

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

The estate taken is fee simple, subject to existing easements for [public roads and highways] , [public utilities, railroads, and pipelines]. The estate taken is made subject to dominant easements appurtenant for the Owner in common with others (including the United States) for access to the Owner’s lands lying between the Rio Grande River and the border barrier (the “Riverside Lands”), through openings or gates in the border barrier (the “Access Points”), as depicted on the map attached as Exhibit X (“Easement Appurtenant”). The Easement Appurtenant provides the Owner with a right-of-way across lands acquired by the United States for border barrier purposes to the Riverside Lands, including the right to pass through the Access Points. The Access Points shall allow for traffic to access the Riverside Lands in substantially the same manner as prior to construction of the border barrier. The Easement Appurtenant shall run with title to the Riverside Lands and be subject to the operational needs of the United States for the construction, operation, and maintenance of the border barrier[, and for maintaining suitable levees, and for flood control purposes].

The estate taken excepts and excludes from the taking: all interests in minerals, water rights, and water distribution and drainage systems, if any, and all appurtenant rights for the exploration, development, production and removal of said minerals and water, but without the right to enter upon or over the surface of the land taken for the purpose of exploration, development, production and removal therefrom; and, 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 border barrier.

3. 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.

4. 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 21 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11 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.

12. Legal Descriptions:

Surveys of each of the 21 tracts will be provided to the winning bidder.

13. 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.

13.1 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.

14. 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.

15. Hypothetical Conditions:

No hypothetical conditions are allowed without specific written approval from the

POC.

16. 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.

17. 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".

18. 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.

19. Appraisal Format:

Given that most of the 21 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)

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. Copies of Appraisal Report:

The appraiser shall submit one (1) signed electronic version (pdf) for the each appraisal.

27. Due Date and Acceptance of Appraisal Reports:

All 21 of the appraisal reports will be due within 90 calendar days from date of contract award. The appraisal reports 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.

28. 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.

29. 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.

29.1. 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.

29.2 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 commercial, 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.

30. 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.

31. 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).

32. 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

33. Hours of Operation:

As necessary to meet the terms of each individual Order.

34. 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.

35. Type of Contract:

The government will award a Firm Fixed Price Contract.

36. Security Requirements:

Not applicable.

37. 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.

38. 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.

39. 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.

40. 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.

41. Identification of Contractor Employees:

Not applicable.

42. Contractor Travel:

Not applicable.

43. 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.

44. 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..

45. 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 and a list of the properties to be appraised with contact information and their geographical coordinates will be supplied to the winning bidder. All property sales data the government has recently accumulated in the market area to date will be supplied to the winning bidder, however, this does not relieve the contractor from exercising due diligence in collecting their own sales data for the market area.

46. 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.

47. Contractor Management Reporting (CMR):

Not applicable.

48. 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 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.

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 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 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-O0018)

OCT 2018

52.212-3 Alt I Offeror Representations and Certifications--Commercial Items (OCT 2018) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

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 OCT 2018 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 AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

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

MAY 2014

52.222-50 Combating Trafficking in Persons MAR 2015 52.222-55 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

AUG 2018

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

OCT 2018

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)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (OCT 2018)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, 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 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.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items. 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 (Oct 2015) (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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (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 (Mar 2015) (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 Act 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 Act to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(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. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the period of performanc. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

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 the period of performance of the contract.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

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 the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the…