W912ES24Q0090 Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W912ES24Q0090 07-Jun-2024

b. TELEPHONE NUMBER

651-290-5614

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 25 Jun 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912ES9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JOHN P RIEDERER

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81G6741594589

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

USACE, ST PAUL

332 MINNESOTA STREET

SUITE E1500

ST PAUL MN 55101-1323

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 966323 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

REAL ESTATE DIVISION OFF

STEPHANIE DUPEY

332 MINNESOTA ST, SUITE E1500

SAINT PAUL MN 55101

TEL: 651-290-5369 FAX:

FAX:

TEL: 651-290-5414 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$9,500,000

NAICS:

531320

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF52

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912ES24Q0090

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

Contractor Requirements

The appraiser must hold a current Certified General Appraiser license from the State of Minnesota as demonstrated by providing a copy of their state licensing certificate in PDF format with their quote. In lieu of a copy of the physical document, the certificate/license number may be provided and will be verified.

The appraiser must have at least three years’ experience writing reports that conform to standards established by the Uniform Standards of Professional Appraisal Practice (USPAP) and the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA. – Yellow Book) and the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646) as amended; Federal Regulations 49 CFR, Part 24; USACE ER 405-1-04. No other supplemental standards will be applicable.

The appraiser must have successfully completed the “Yellow Book” (UASFLA 2016) appraisal course or most current UASFLA course, if updated.

Offeror shall supply a list of at least two recent (within past five years) UASFLA-compliant appraisal reports completed. Include property type, size of property, date of value, location, and the client contact information for reference purposes. If none completed, please state such.

Offeror shall state recent and relevant experience with property appraisals involving sand, gravel or aggregate mining.

Statement of Work - SOW

Mississippi River Navigation Project – Lock and Dam No. 2 Land Acquisition - Dredged Material Placement Site

Subject Property: A portion of Lower Grey Cloud Island located in Washington County, Minnesota

SECTION 1 – SUBJECT PROPERTY IDENTIFICATION & GENERAL

INFORMATION

Summary Identification: Located at the Lower Grey Cloud Island, City of Cottage Grove, Washington

County, Minnesota. See Special Instructions for a complete explanation.

Client:

Mr. Kevin Sommerland, Chief Real Estate Division / Real Estate Contracting Officer U.S. Army Corps of Engineers, St. Paul District, 332 Minnesota Street, Suite E1500, St. Paul, MN 55101-1323

Intended Users: U.S. Army Corps of Engineers, St. Paul District, and authorized agents or assigns.

Intended Use: For use by the USACE in connection with the proposed acquisition of specified real property rights. The appraisal report is not intended for any other use.

Description of Proposed Acquisition:

Approximately 331.33+ acres consisting of real property at the location known as Lower Grey Cloud Island at Cottage Grove, Minnesota, and being more particularly described as property located within Section 31, Township 27 North, Range 21 West and Section 6, Township 26 North, Range 21 West, situated above the Ordinary High Water Mark (OHWM) of the Mississippi River at that location.

IMPORTANT: Please refer to SECTION 2 APPRAISAL REQUIREMENTS AND INSTRUCTIONS, “Legal Instructions”

Parcel 1: Commencing at the Northwest corner of the Northeast Quarter of the Southeast Quarter; thence South along the Westerly line thereof as distance of 80 rods to the Southwest corner thereof;

thence Easterly on the Southerly line thereof, a distance of 80 rods to the Southeast corner thereof; thence Northerly along the East line thereof a distance of 40 rods to the East and West centerline thereof;

thence diagonally in a Northwesterly direction to a point on the Northerly line thereof, 40 rods East of the point of beginning; thence Westerly on the North line thereof to the place of beginning.

Parcel 2: The Southeast Quarter of the Southeast Quarter and the West Half of the Southeast Quarter of Section 31, Township 27, Range 21, Washington County, Minnesota

Parcel 3: Government Lot 1, less and except that part of Lot 1 situated below the Ordinary High Water Mark, Section 6, Township 26, Range 21, Washington County, Minnesota

Parcel 4: Government Lot 2, less and except that part of Lot 2 situated below the Ordinary High Water Mark, Section 6, Township 26, Range 21, Washington County, Minnesota

Parcel 5: Government Lot 3, less and except that part of Lot 3 situated below the Ordinary High Water Mark, Section 6, Township 26, Range 21, Washington County, Minnesota

Parcel 6: Government Lot 1, less and except that portion of a small island situated within Government Lot 1 being approximately 700 feet south of Lower Grey Cloud Island; and also less and except that part of Lot 1 situated below the Ordinary High Water Mark; and the East Half of the Southwest Quarter all in Section 31, Township 27, Range 21, Washington County, Minnesota

Washington County Tax Accessor Parcel ID No.

USACE Parcel (Area) Gross Acres (Land)

0602621110001 3 18.48 0602621120001 4 15.29 0602621210001 5 10.38 0602621310001 6 133.06 0602621410003 1 34.81 0602621420001 2 119.31

TOTAL 331.33

Legal Description: Lengthy – see preliminary title reports.

Owner(s)/Occupant(s): The preliminary title reports indicate that “PAS Associates Limited Partnership of Saint Paul” is the owner of the property with William M. (Biff) Folberth being managing partner, with Hugh K. Schilling and Paul L.

Schilling reported as general partners.

The land is leased to Aggregate Industries for the mining of gravel and sand. Central Area Manager for the tenant’s interest on Grey Cloud Island is Tom Burrows of Aggregate Industries. He can be reached via email at: tom.burrows@aggregate-us.com or via his mobile number 612- 282-8609.

Property Access: Access to the property is provided by Grey Cloud Trail and Grey Cloud Island Drive at Cottage Grove, MN. Waterborne accessibility exists from the Mississippi River.

Review Appraiser For This Assignment Mississippi Valley Division Review Appraiser, Ramon Tate, P.O Box 80, Vicksburg, MS 39180; Office: 601-6345862, Mobile: 601-618-8218, or 901-870-6220 ;

ramon.c.tate@usace.army.mil

Inspection Permission: Arrangements are to be made with the noted property owner contact, with advance coordination with the principle realty specialist in charge of this proposed acquisition. The USACE-Approved Review Appraiser or USACE Review Appraiser, should be informed about when the inspection will take place so that he/she may accompany if so desired. Please see the section of this SOW titled:

“General Appraisal Requirements & Instructions”, item #5, for important details regarding property inspection and its documentation.

Larger Parcel and Federal land acquisition Rules : Since this proposed acquisiton is a partial acquisiton, the appraisal must adhere to the guidelines contained in the Uniform Appraisal Standards for Federal Land Acquisitions (yellow book), including, but not limited to, careful determination of the Larger Parcel to which the Before and After valuation technique will be applied.

Personal Property: Only real property is to be appraised. The appraisal report should clearly identify the items considered in the appraisal to be real property, as well as those identified as personal property. Pursuant to requirement of federal regulation at 49 CFR 24.103(a)(2)(i), a declaration of property classification, real or personal property, is required to appear in the appraisal report. This property classification declaration is not required to include or enumerate those items which are obviously personal property, i.e. vehicles, inventory, supplies, or any readily portable items, etc.

Furthermore, the appraiser shall pay attention to, and not include non-compensable items such as “loss of goodwill”; “frustration of plans” etc. under Federal land acquisition rules contained in the Yellow Book.

Controversies / Issues: Should controversies or other issues be discovered or identified by the appraiser during the course of the assignment, the Review Appraiser and client must be immediately notified via written communication, (email is acceptable). “Issues” can include, but are not limited to: conflicting lease or ownership claims, pending transfers of ownership, imminent plans for construction by the owner, owner performing construction within close proximity or within the proposed acquisition area, reservations not appearing in title information, complaints to public officials, ownership boundaries, owner describing promises or commitments made by government representatives, death or incapacity of person(s) having ownership interest(s)etc.

Outstanding Rights:

The base premise is that the subject property larger parcel is to be appraised “as is” and in fee simple, subject to existing easements for public roads and highways, public utilities, railroads, and pipelines, in the BEFORE condition. In the AFTER condition, the necessary premise is to appraise the REMAINDER property under the hypothetical condition that the proposed acquisiton has taken place. see also SECTION 2 of the Statement of Work, APPRAISAL REQUIREMENTS & INSTRUCTIONS, “Property Rights Appraised”, for details of the Estate wherein certain rights, such as the rights to the existing gravel material, and all appurtenant rights for the exploration, development, and removal of said gravel, are reserved to the Lessee.

Provided Subject Property Information:

The following documents and reports, as indicated below by check mark, will be provided under separate cover:

Location Map Assessor’s Plat

X Preliminary Title Report X Real Property Estates to be acquired (fee, permanent or temporary easements, etc.)

X Other - map exhibits X Legal Descriptions Acquisition Plat

X Other: Environmental Assessment Worksheet (EAW) prepared by the subject property Lessee, Aggregate Industries.

SECTION 2 – APPRAISAL REQUIREMENTS & INSTRUCTIONS

Appraisal Standards: The appraisal process and appraisal report must conform to standards established by the current edition of the Uniform Standards of Professional Appraisal Practice (USPAP 2024); and federal appraisal standards found in the Uniform Appraisal Standards for Federal Land Acquisition 2016 (UASFLA), aka “yellow book”. Any governing law that uniquely impacts the calculation of estimated compensation due the property owner for the property type being appraised should be appropriately cited in the appraisal report as applicable and appropriate.

Market Value Defintion: Per the Uniform Appraisal Standards for Federal Land Acquisition, 2016.

Section 1.2.4.

“The amount in cash, or on terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of the appraisal, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property at the time of the appraisal”

Pursuant to the requirements of USPAP 2-2(a)(vi), the appropriate definition of market value, accompanied by the source citation, must appear in the body of the appraisal report.

Property Rights Appraised:

The Estate to be appraised is a fee acquisition subject to the outstanding lease held by a third party. See ER 405-1-11, paragraph 3-18.c (page 3-10) and Standard Estate 1 (Fee) along with footnote 1.

“The fee simple title subject, however, to existing easements for public roads and highways, public utilities, railroads, and pipelines; excepting and excluding from the taking all interests in gravel which are outstanding in parties other than the surface owners and all appurtenant rights for the exploration, development, and removal of said gravel”

Any information developed by the appraiser, or observations that are found to be contrary to the appraisal assignment’s described real property rights must immediately be brought to the review appraiser’s attention in writing, (email is acceptable), as a request for possible amended, revised, or clarified appraisal assignment instructions as determined to be appropriate by the Review Appraiser.

Date of Value: The effective date of appraised value (date of value, date of appraisal, effective date of appraisal, etc.) will be the same as the date of the last property inspection, unless the appraiser receives specific written instruction for the date of value from the client, or written instruction from the review appraiser prior to preparation of the appraisal report.

Extraordinary Assumption(s): USPAP defines an Extraordinary Assumption (EA) as:

“an assignment-specific assumption as of the effective date regarding uncertain information used in an analysis, which, if found to be false, could alter the appraiser’s opinions or conclusions.”

The appraiser may not assume or invoke any extraordinary assumption without informing the review appraiser in writing (email is acceptable). The Review Appraiser shall inform the appraiser in writing if the described extraordinary assumption is acceptable. Any Extraordinary Assumption utilized in the appraisal process, must be prominently declared in the appraisal report.

Hypothetical Condition(s):

USPAP defines “Hypothetical Condition” as:

“A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results [date of value], but is used for the purposes of analysis”

For all proposed acquisitions of real property, the requirements of 49 CFR 24.103(b), (a requirement also found in the UASFLA at Section 1.2.7.3.3, and known as the “Scope of the Project Rule”), must be followed. The “Scope of the Project Rule” is applicable to all total property acquisitions, and the BEFORE position appraisal of partial acquisition appraisals.

Any increase or decrease in the market value of real property prior to the date of valuation caused by the government project for which the property is being acquired must be disregarded in developing the appraisal.

The requirement of disregarding the value influence of the project, for which the appraisal is requested, is sometimes classified as a “hypothetical condition”, while others regard it as an “assignment condition”, and still others classify the “Scope of the Project Rule” as a “jurisdictional exception” to USPAP 1-4(f). Regardless of how this requirement is characterized, the “Scope of the Project Rule” must be followed.

For proposed acquisitions of a total property, no other hypothetical conditions are allowed without written approval from the Review Appraiser assigned to the project.

For all partial acquisitions, there is a standard AFTER position hypothetical condition as follows:

Appraisal of the AFTER position remainder property shall be performed under the hypothetical condition that as of the appraised date of value, the proposed real property acquisition has been completed, all construction associated with the project has been completed, and all construction is consistent with plans provided to the appraiser by the client

ALL hypothetical conditions utilized in the appraisal process, whether for complete or partial acquisitions, must be documented and prominently declared in the body of the appraisal report.

A written approval for use of any other hypothetical condition must be included in the addenda section of the appraisal report.

Jurisdictional Exceptions: If the appraiser perceives that USPAP’s Jurisdictional Exception Rule should be invoked to meet other standards in UASFLA, or other state or local requirements of law or regulation not previously declared in this section of the SOW as standard or required, the appraiser must communicate in writing, (email is acceptable), with the Review Appraiser to obtain prior written approval. All jurisdictional exceptions to the USPAP must be prominently declared in the appraisal report. The specific law, regulation, or standard that requires invoking the USPAP’s jurisdictional exception rule must be cited, along with the specific portion of the USPAP for which jurisdictional exception is claimed.

Legal Issues: The subject property to be appraised is partially located within a navigable waterway, and therefore involves legal issues of Navigation Servitude. For purposes of governmental acquisition valuation, certain value issues are framed and directed by federal court decisions, and the Corps legal counsel’s instructions specific to this proposed acquisiton action.

Real Property Rights of the Encumbered Fee Interest Below the OHWM

PAS Associates of Saint Paul owns an encumbered fee interest to submerged lands near to and adjoining LGCI. The encumbrance consists of many flowage easements that were obtained by the United States in 1930. The owner of the tracts in question, (see yellow-shaded area of map below), has fee interest and the boundary of the tracts extends into the river and below the surface of the water.

Therefore, subject to applicable and required permit approvals, the ownership rights of the tracts include the potential to remove or excavate sand and gravel material existing below the surface of the water. Nearly all of the yellow-shaded area adjoining to the south and westward areas of LGCI are included as part of the total area leased to Aggregate Industries.

Navigation Servitude: The Mississippi River, upon which the land in this acquisition is situated, has been determined navigable by a USACE navigation study.

Consequently, the acreage below the ordinary high water mark (OHWM) along the river would be subject to the potential exercise of the navigation servitude. Please refer to the UASFLA Section 4.11.1 for additional information.

Consideration of Submerged Lands and Sand and Gravel Mining The Uniform Appraisal Standards for Federal Land Acquisitions, para. 4.8.2, provides that extraction of a mineral or other resource cannot be considered as a highest and best use absent “proof that it would be legally permissible to exploit that resource” in the reasonably near future, physically possible to extract, and financially feasible.

Status of Flooded Excavation Pit Within The Proposed Acquisition Area With respect to the mine pit that is filled with water, these waters were ascertained in a 2017 Jurisdiction Determination to not be jurisdictional waters under the Clean Water Act or Rivers and Harbors Act. Assuming the pit has not materially changed since 2017, the acreage below the OHWM of the mining pit lake would not be subject to the potential exercise of navigation servitude. Accordingly, navigation servitude would not impact the appraisal of market value for acreage below the OHWM in the mining pit lake.

Special Appraisal Instructions:

1. The presentation format of the appraisal report should substantially conform with the content for appraisal reports found in the UASFLA 2016 (Yellow Book), The appraisal reporting format must be coordinated with, and determined to be acceptable by, the Review Appraiser if it differs from the UASFLA.

2. For partial acquisitions, only the BEFORE position appraisal is to be performed “as is”, of course as subject to the “scope of the project rule” previously described in this statement of work. For partial acquisition appraisals, the AFTER position appraisal valuation is to be performed utilizing the standard hypothetical condition as follows:

Appraisal of the AFTER position remainder shall be performed under the hypothetical condition that as of the appraised date of value, the proposed real property acquisition has been completed, all construction associated with the project has been completed, and all construction is consistent with plans provided to the appraiser by the client.

3. A single market value conclusion is required for the Total Property in the BEFORE position and the property remainder tract in the AFTER position, except as described or modified below. In addition, an allocation of the market value DIFFERENCE, between the BEFORE and AFTER, will be necessary as described below or specifically excepted.

a. For partial acquisition appraisals, and pursuant to the requirement of 49 CFR 24.102(e) and

24.103(a)(2)(iv), the allocation of the market value DIFFERENCE declared in the appraisal report shall state the value of the part to be acquired (the real property rights proposed to be acquired), and separately state damages to the remainder property, if any, as applicable.

Pay special attention to Yellow Book guidance on elements to consider in establishing the Larger Parcel such as unity of highest and best use, unity of existing use, unity of ownership, and contiguity of the properties. In this case, the area under one single lease to an operator/lessee may be a significant supporting indicator.

4. A portion of an area referred to as “the backwater area”, located south and southeast of the existing flooded pit (proposed USACE acquisition area), includes submerged land area in which landowner, PAS Associates of Saint Paul, possesses an encumbered fee interest (please refer to legal issues for additional information on the “encumbered fee interest”). The red-encircled area, visible in the aerial photo below, is part of the total area under lease to Aggregate Industries. The lessee, Aggregate Industries, has prepared and submitted documents as part of an application process to the Minnesota Department of Natural Resources with the intent to secure a permit for the mining of sand and gravel at this location.

The appraiser shall perform appropriate research and analysis in support of any conclusion as to whether there is current marketable value to any embedded mineral material, and also consideration of the aforementioned issues surrounding government rights and restrictions over navigable waters.

5. The existing use of LGCI in the vicinity of the proposed acquisition is sand and gravel mining. An

Environmental Assessment Worksheet (EAW) prepared by Aggregate Industries (Lessee), is to be considered a part of the addenda of this statement of work (SOW). The EAW contains a description that declares available sand and gravel materials are expected to be exhausted on the upland portions of LGCI within approximately 5 years of the date of the EAW submittal…(that would be 2027). If the application for a sand and gravel mining permit for the“backwater area”, described previously in item #4 above, is subsequently concluded to be unlikely or not probable, then additional lands owned/controlled by Aggregate Industries will need to be evaluated for the probability of the continuation of sand and gravel mining on the subject property.

The total contiguous area of the parcels controlled by Aggregate Industries (lessee) (outlined in blue below) appears to total an estimated 3,000+ acres. The proposed USACE acquisition area is outlined in red. As the existing use of the subject property in the immediate vicinity of the proposed USACE acquisition is for sand and gravel mining operations, the appraiser is to consider and evaluate characteristics of the total contiguous area owned or leased by Aggregate Industries Properties – (outlined in blue below) in considering the determination of H&BU in the “reasonably near future” (Please refer to UASFLA 4.3.1 for guidance in this area).

6. That portion of the flooded excavation pit that comprises the majority of the area of the proposed USACE acquisition, has been described as having been depleted of economically recoverable product (gravel). The appraiser shall research and evaluate the existence of commercial market competition for dredge material disposal, and consideration of the probability of those areas of the subject property, (excavated flooded pit area that has been depleted of economically recoverable materials), that may constitute a Highest and Best Use (H&BU) in the local market for the dredge material disposal. This evaluation would necessarily include consideration of “tipping fees” (i.e. the fees paid by those wanting to deposit waste materials). Pursuant to requirements of 49 CFR 24.103(b), and UASFLA (Yellow Book), pay special attention to the guidance that “demand created solely by the government must not be used as the basis of determing Highest and Best Use”..

7. Address and analyze…does the material to be deposited in the excavated flooded pit by the USACE (dredged materials from the Mississippi River navigation channel) constitute a commercially marketable product which has a reasonable probability of being recovered and sold by the existing lessee, Aggregate Industries?

8. Although the flooded pit area is reportedly depleted of economically recoverable gravel product, the appraiser shall perform research and evaluation of how much material, if any, remains that is financially feasible to mine within the proposed USACE acquisition area;

9. Description, analysis and evaluation of the state’s reclamation requirements for sand and gravel operations, or reclamation requirements associated with the permit to mine that was obtained by the lessee, Aggregate Industries.

a. Under the proposed USACE acquisition of a fee interest subject to the lessee’s interest, are state reclamation requirements triggered for the USACE on any part of the proposed acquisition as a consequence of the USACE acquiring fee interest?

b. Which party, fee interest holder or lessee, bears the responsibility and costs of the state’s reclamation requirements, or any other requirements that run with the mining permit that was originally granted?

c. Because the USACE’s intended use of the flooded excavation pit includes depositing large quantities of dredged materials, does that action qualify, if reclamation is required, as an acceptable reclamation process or function by the USACE?

d. Are there any Minnesota DNR environmental requirements that impact the adjoining owner given the USACE’s intended use of the proposed acquisition.

10. The sand and gravel mining operation that exists on Lower Grey Cloud Island, according to the lessee’s

EAW documentation, has been going on for over 70 years. The area proposed to be acquired by the USACE consists mainly of that portion of the mining operation lands where economically recoverable gravel materials have been depleted. The area depleted of economically recoverable materials is apparently used for some residual deposit of tailings. As mining operations continue, the amount of mined out area will expand and enlarge. It is important for the appraisal to address the potential impact to the lessee’s operations when the proposed USACE acquisition takes place (the AFTER position valuation) and whether the proposed USACE acquisition will negatively affect the property owner’s usage of and highest and best use of the remainder lands. Or in the alternative, whether the sale of the depleted part will be a net benefit to the sellers if it relieves the seller (existing owner or lessee) of Restoration/Reclamation obligations.

11. The appraisal should discuss, based on reliable sources, whether the intended use by the government to deposit dredge material, will pose an environmental concern for the adjacent lands or not, and whether there will be future impact to the eventual development of adjacent remainder lands.

The subject property is utilized for sand and gravel mining which is, by definition, a “special purpose” property.

The Aggregate Industries sand and gravel mining operation features the comparatively unique feature of existing on a navigable waterway and being reasonably close to a major metropolitan area. The substantial economy advantage of river transport over traditional truck transport is well known, and therefore must be taken into consideration in selection and analyses of comparable data. The Scope of work shall take into consideration, and apply all relevant approaches to value.

Additionally, in consideration of the estate to be acquired:

“The fee simple title to (the land described in Schedule A) (Tracts Nos. _____, _____ and _____), subject, however, to existing easements for public roads and highways, public utilities, railroads, and pipelines; excepting and excluding from the taking all interests in gravel which are outstanding in parties other then the surface owners and all appurtenant rights for the exploration, development, and removal of said gravel.”

12. It is the client’s direction and intention to except and exclude from the taking all interests in gravel which are outstanding in parties other than the surface owners and all appurtenant rights for the exploration, development, and removal of said gravel. Therefore, it is the client’s intention that the appraisal assignment would not require an assessment of the quality and quantity of the minerals on site by a mineral valuation expert. However, if the appraiser concludes that, in order to provide a credible appraisal and conclusion of value, a mineral valuation third party expert needs to be consulted in furtherance of prepaing an income approach valuation of the subject property for this appraisal assignment, the review appraiser should be immediately contacted in writing.

NOTES TO OFFEROR

PLEASE E-MAIL ALL QUESTIONS to John Riederer, Contract Specialist, at John.P.Riederer@USACE.Army.mil. Please copy Kenneth Eshom (Kenneth.J.Eshom@usace.army.mil on the email)

It is preferred that the quote be e-mailed to: John Riederer, Contract Specialist, John.P.Riederer@USACE.Army.mil

The offeror may also submit the quote by mail / courier to the following address:

USACE – St. Paul Contracting Division Attn: John Riederer 332 Minnesota St, STE E1500 St. Paul, MN 55101

OFFEROR SHALL BE REGISTERED IN SAM (System for Award Management) https://www.sam.gov to include the FAR and DFARS Representations and Certifications (Reps & Certs) sections with the NAICS code applicable to the solicitation.

For assistance with SAM, please contact:

SAM by GSA Hours of Operation: Monday – Friday 8am to 8pm ET, U.S. Calls 866-606-8220 Service desk website: http://www.fsd.gov/

This solicitation is 100% set-aside for small businesses under NAICS 531320, Offices of Real Estate Appraisers, with an SBA Size Standard of $9,500,000 average annual revenues (3 year average).

Please submit the following with your offer:

Signed SF1449 with Pricing Copy of State of Minnesota Certified General Real Property Appraiser License List of Recent UASFLA-Compliant appraisal reports completed Statement of Recent & Relevant Experience with Property Appraisals involving Sand, Gravel and Aggregate Mining.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Appraisal and Report

FFP

FOB: Destination

PURCHASE REQUEST NUMBER: W81G6741594589

PSC CD: R411

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 6 mths. ADC 1 REAL ESTATE DIVISION OFF

STEPHANIE DUPEY

332 MINNESOTA ST, SUITE E1500

SAINT PAUL MN 55101

651-290-5369 FOB: Destination

966323

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

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

NOV 2023

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

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

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

i. Recent & Relevent Experience

ii. Past Performance

iii. Special Knowledge and Experience Involving Aggregate Mining Industry

iv. Price

Recent & Relevant Experience, Past Performance, and Special Knowledge of Aggregate Mining… when combined are more important than price when making an award decision.

(b.) 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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2024) ALTERNATE I (FEB 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 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.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"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,…