0 RLP 36C10F23R0095 RLP Allentown PA CBOC.pdf

GSA TEMPLATE R100 (10/23)

DEPARTMENT OF

VETERANS

AFFAIRS (VA)

REQUEST FOR

LEASE

PROPOSALS

NO.

36C10F23R0095

ALLENTOWN, PA

SDVOSB SET-ASIDE

Offers due by 01/22/2024

In order to be considered for award, offers conforming to the requirements of the RLP shall be received no later than 4:00 PM EDT on the date above. See “Receipt Of Lease Proposals” herein for additional information. Questions are due by 4:00 PM EDT on 12/06/2023. A Pre-Bid conference is scheduled to be held at Community Room at Allentown Public Library, 210 Hamilton Street, Allentown, PA 18102 at 10:00 AM EDT on 11/28/2023.

Parties interested in attending are required to pre-register by submitting a completed registration table (see in list of RLP documents) to James Cassidy at James@DHCRES.com no later than 4:00 PM EDT on 11/22/2023.

This Request for Lease Proposals ("RLP") sets forth instructions and requirements for proposals for a Lease described in the RLP documents. Proposals conforming to the RLP requirements will be evaluated in accordance with the Method of Award set forth herein to select an Offeror for award. The Government will award the Lease to the selected Offeror, subject to the conditions herein.

The information collection requirements contained in this Solicitation/Contract, that are not required by regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No. 3090-0086.

GLOBAL RLP– UPDATED MACROS

GSA TEMPLATE R100 FOR VA (10/23)

TABLE OF CONTENTS

GLOBAL RLP– UPDATED MACROS

SECTION 1 STATEMENT OF REQUIREMENTS

1.01 GENERAL INFORMATION (OCT 2023)

1.02 AMOUNT AND TYPE OF SPACE, LEASE TERM, AND OCCUPANCY DATE (OCT 2022)

1.03 AREA OF CONSIDERATION (OCT 2021)

1.04 UNIQUE REQUIREMENTS (OCT 2021)

1.05 NEIGHBORHOOD, PARKING, LOCATION AMENITIES, AND PUBLIC TRANSPORTATION (OCT 2023)

1.06 LIST OF RLP DOCUMENTS (OCT 2023)

1.07 AMENDMENTS TO THE RLP (JUN 2012)

1.08 LEASE DESCRIPTION (OCT 2023)

1.09 RELATIONSHIP OF RLP BUILDING MINIMUM REQUIREMENTS AND LEASE OBLIGATIONS (OCT 2016)

1.10 PRICING OF SECURITY REQUIREMENTS (OCT 2022)

1.11 SECURITY LEVEL DETERMINATION FOR FACILITY HOUSING OTHER FEDERAL TENANTS (APR 2011)

1.12 AUTHORIZED REPRESENTATIVES (OCT 2020)

1.13 LEASE ACQUSTION FEE

1.14 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL BUSINESS SIZE STANDARD

(OCT 2023)

SECTION 2 ELIGIBILITY AND PREFERENCES FOR AWARD

2.01 EFFICIENCY OF LAYOUT (AUG 2011)

2.02 FLOOD PLAINS (OCT 2022)

2.03 SEISMIC SAFETY – MODERATE SEISMICITY (OCT 2023)

2.04 INTENTIONALLY DELETED

2.05 HISTORIC PREFERENCE (SEP 2013)

2.06 ASBESTOS (OCT 2023)

2.07 ACCESSIBILITY (SEP 2013)

2.08 FIRE PROTECTION AND LIFE SAFETY (SEP 2013)

2.09 ENERGY INDEPENDENCE AND SECURITY ACT (OCT 2023)

2.10 ENVIRONMENTAL CONSIDERATIONS (SEP 2013)

2.11 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS - RLP (OCT 2023)

2.12 NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS - RLP (OCT 2023)

2.13 CULTURAL RESOURCES STUDY

SECTION 3 HOW TO OFFER

3.01 GENERAL INSTRUCTIONS (JUN 2012)

3.02 RECEIPT OF LEASE PROPOSALS (OCT 2023)

3.03 PRICING TERMS (OCT 2022)

3.04 BUDGET SCOREKEEPING; OPERATING LEASE TREATMENT (APR 2011)

3.05 PROSPECTUS LEASE (OCT 2022)

3.06 ADDITIONAL SUBMITTALS (OCT 2023)

3.07 TENANT IMPROVEMENTS INCLUDED IN OFFER (OCT 2020)

3.08 INTENTIONALLY DELETED

3.09 INTENTIONALLY DELETED

3.10 INTENTIONALLY DELETED

3.11 OPERATING COSTS REQUIREMENTS INCLUDED IN OFFER (JUN 2012)

3.12 BUILDING OPERATING PLAN (JUN 2012)

SECTION 4 METHOD OF AWARD

4.01 NEGOTIATIONS (OCT 2023)

4.02 HUBZONE SMALL BUSINESS CONCERN PRICE PREFERENCE WAIVER (OCT 2023)

4.03 INTENTIONALLY DELETED

4.04 AWARD BASED ON BEST VALUE TRADE OFF

4.05 INTENTIONALLY DELETED

4.06 INTENTIONALLY DELETED

4.07 INTENTIONALLY DELETED

4.08 INTENTIONALLY DELETED

4.09 PRESENT VALUE PRICE EVALUATION (OCT 2022)

4.10 AWARD (OCT 2023)

SECTION 5 ADDITIONAL TERMS AND CONDITIONS

5.01 MODIFIED RLP PARAGRAPHS (OCT 2016)

5.02 OFF-SITE IMPROVEMENTS

5.03 DUE DILIGENCE

5.04 APPLICABLE LAW

5.05 PARTNERING

5.06 TEAMING ARRANGEMENT

RLP NO. 36C10F23R0095, PAGE 1 GSA TEMPLATE R100 (10/23)

REQUEST FOR LEASE

PROPOSALS NO. 36C10F23R0095

11/09/2023

GLOBAL RLP GSA TEMPLATE R100 (OCT 2023)

SECTION 1 STATEMENT OF REQUIREMENTS

1.01 GENERAL INFORMATION (OCT 2023)

A. This Request for Lease Proposals (RLP) sets forth instructions and requirements for proposals for a Lease described in the RLP documents. The Government will evaluate proposals conforming to the RLP requirements in accordance with the Method of Award set forth below to select an Offeror for award. The Government will award the Lease to the selected Offeror, subject to the conditions below.

This solicitation is not binding and does not obligate the government to make a contract award. The Government may award the Lease Contract to the selected Offeror, subject to the conditions herein and availability of funds.

The Government’s intent is to award off of initial offers. The Government intends to evaluate proposals and award a lease without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposal

B. Included in the RLP documents is a lease template setting forth the preferred lease term and other terms and conditions of the Lease contemplated by this RLP and a GSA Proposal to Lease Space (GSA Form 1364) on which Offeror shall submit its offered rent and other price data, together with required information and submissions. Offerors are to provide the required rent and other price data for each requested lease term scenario as described in Section 1.02, Paragraph F below. The Lease paragraph titled “Definitions and General Terms” shall apply to the terms of this RLP.

C. Do not attempt to complete the lease template. Upon selection for award, VA will transcribe the successful Offeror’s final offered rent and other price data included on the GSA Form 1364 into the lease and transmit the completed Lease, including any appropriate attachments, to the successful Offeror for execution. Neither the RLP nor any other part of an Offeror’s proposal shall be part of the Lease except to the extent expressly incorporated therein. The Offeror should review the completed Lease for accuracy and consistency with his or her proposal, sign and date the first page, initial each subsequent page of the Lease, and return it to the Lease Contracting Officer (LCO).

D. The Offeror's executed Lease shall constitute a firm offer. No Lease shall be formed until the LCO executes the Lease and delivers a signed copy to the Offeror.

E. Offeror may not use Federal agency name(s) and/or acronym(s), e.g., General Services Administration, GSA, in the entity name that owns and/or leases the Space to VA.

1.02 AMOUNT AND TYPE OF SPACE, LEASE TERM, AND OCCUPANCY DATE (OCT 2022)

A. The Government is seeking a minimum of 83,354 to a maximum of 98,063 of American National Standards Institute/Building Owners and Managers Association (ANSI/BOMA) Occupant Area (ABOA) square feet (SF) of contiguous space within the Area of Consideration set forth below. See Section 2 of the Lease for applicable ANSI/BOMA standards. The proposed Rentable Square Feet (RSF) shall not exceed 110,321 RSF.

B. The Space shall be located in a modern quality Building of sound and substantial construction with a facade of stone, marble, brick, stainless steel, aluminum or other permanent materials in good condition and acceptable to the LCO. If not a new Building, the Space offered shall be in a Building that has undergone, or will complete by occupancy, modernization or adaptive reuse for the Space with modern conveniences.

C. The Government requires 600 surface/outside parking spaces, reserved for the exclusive use of the Government. These spaces must be secured and lit in accordance with the Security Requirements set forth in the Lease. Offeror shall include the cost of this parking as part of the rental consideration.

D. As part of the rental consideration, the Government may require use of part of the Building roof for the installation of antenna(s). If antenna space is required, specifications regarding the type of antenna(s) and mounting requirements are included in the agency requirements information provided with this RLP.

E. Approximately 250 ABOA SF will be used for the operation of a vending facility under the provisions of the Randolph-Sheppard Act

(20 USC 107 et. seq.). The Government will control the number, kind, and locations of vending facilities and will control and receive income from all automatic vending machines. Offeror shall provide necessary utilities and make related alterations. The cost of the improvements is part of Tenant Improvement (TI) costs. The Government will not compete with other facilities having exclusive rights in the Building. The Offeror shall advise the Government if such rights exist.

RLP NO. 36C10F23R0095, PAGE 2 GSA TEMPLATE R100 (10/23)

F. The Offeror must submit price proposals for each of the following scenarios:

• Alternative A) 15-year firm term; and

• Alternative B) 20-year firm term.

The CO reserves the right to award a contract based on any alternative lease term listed above in the best interest of the Government. All the terms and conditions contained herein shall prevail throughout the term of the lease. The Offeror is advised that it must submit pricing for all alternates listed above in order to be considered responsive. An Offeror submitting different or fewer pricing alternates may be rejected as non-responsive by the Contracting Officer.

G. The Lease Term Commencement Date will be upon acceptance of the Space. It is anticipated that Substantial Completion will not be more than 32 months from award. .

1.03 AREA OF CONSIDERATION (OCT 2021)

The Government requests Space in an area bounded as follows:

Northern Boundary: Intersection Claussville Rd & Kernsville Rd, E on Kernsville Rd, N on Hwy 309, E on Levans Rd, E on Maple St, SE on Mauch Chunk Rd, E on Mechanicsille Rd, N on Hwy 145, E on Lehigh St

Southern Boundary: W on Oakhurst Dr, N on Hwy 145, S on Vera Cruz Rd, W on Brunner Rd, W on Main Rd E, W on Main Rd W, W on Shimerville Rd, N and W on Hwy 100, W on Hamilton Blvd

Eastern Boundary: S on Front St, W on Race St, S on Lehigh St, E on N Irving St, E on Lehigh Valley Thruway, S on Fred B. Rooney Hwy, S on Hill to Hill Bridge, S on Wyandotte St

Western Boundary: N on Hwy 863, N on Ziegels Church Rd, N on Kecks Rd, E on Seipstown Rd, N on Claussville Rd

Buildings with Property boundary(ies) on the boundary streets are deemed to be within the delineated Area of Consideration.

RLP NO. 36C10F23R0095, PAGE 3 GSA TEMPLATE R100 (10/23)

1.04 UNIQUE REQUIREMENTS (OCT 2021)

The offered Building and/or Property must have the following features as a minimum requirement:

1. Offered space must be located on no more than two (2) contiguous floors and all space on each floor must be contiguous. If space offered is on two floors, a minimum of two (2) passenger elevators and one (1 combination (passenger/freight) elevators must be provided.

2. Bifurcated sites, inclusive of parking, are not permissible.

3. The following space configurations will not be considered: Space with atriums or other areas interrupting contiguous space, extremely long or narrow runs of space (more than twice as long/as wide), irregularly shaped space configurations or other unusual building features adversely affecting usage.

4. Offered space cannot be in the FEMA 100-year flood plain.

5. Offered space must be zoned for VA’s intended use or will be zoned by the time of construction.

6. Space will not be considered where apartment space or other living quarters are located within the same building.

7. Loading dock or loading area is required. Freight elevator required if loading area is on a different level than the offered space. Parking lot must be able to accommodate deliveries by trucks with trailers.

8. Structured parking under the space is not permissible.

9. Offered space must be compatible for VA’s intended use.

10. Offered space will not be considered if located immediately adjacent to residential or industrial areas.

11. Offered space will not be considered if located adjacent to property with incompatible uses, including but not limited to the following uses: treatment centers, correctional facilities, a firearms shooting range, railroad tracks, or within commercial flight paths.

12. Offered space must be located in close proximity to amenities including but not limited to restaurants, pharmacies, and shopping.

13. Offered space must be located in close proximity to public transportation. A bus stop shall be located adjacent to the building.

14. Offered space must be located within a five (5) mile radius to a hospital or stand-alone emergency room center and a fire department

1.05 NEIGHBORHOOD, PARKING, LOCATION AMENITIES, AND PUBLIC TRANSPORTATION (OCT 2023)

A. Neighborhood. Space shall be located in an appropriately zoned district. Space shall also be located in an area where streets and public sidewalks are well maintained

B. Parking. The parking-to-square-foot ratio available onsite shall at least meet current local code requirements. The Government requires 600 parking spaces. Underground parking is prohibited.

C. Walkability and Amenities.

1. Employee and visitor entrances of the Building must be connected to public sidewalks by continuous, accessible sidewalks.

2. A variety of employee services, such as restaurants, retail shops, cleaners, and banks, shall be located within the immediate vicinity of the Building. The primary functional entrance of the Building shall be within (2) drivable miles of at least three (3) instances of amenities, two of which must be inexpensive or moderately priced fast-food or eat-in restaurants. The remaining two (2) instances must fall within at least 2 of the Diverse Use Categories shown below:

Diverse Use Category Uses

Food Retail Supermarket, Other food store with produce Community-Serving Retail Clothing store or department store selling clothes, Convenience store, Farmer’s market, Hardware store, Pharmacy, Other retail Services Bank, Gym, Health club, Exercise studio, Hair care, Laundry, Dry cleaner, Restaurant, Café, Diner (excluding establishments with only drive-throughs), RLP NO. 36C10F23R0095, PAGE 4 GSA TEMPLATE R100 (10/23)

Family entertainment venue (e.g., theater, sports), Electric Vehicle Supply Equipment (available for public use)

Civic and Community Facilities Adult or senior care (licensed), Childcare (licensed), Community or recreation center, Cultural arts facility (museum, performing arts), Educational facility (including K–12 school, university, adult education center, vocational school, community college), Government office that serves public on-site, Place of worship, Medical clinic or office that treats patients, Police or fire station, Post office, Public library, Public park, Social services center

Amenities must be existing or the Offeror must demonstrate to the Government’s reasonable satisfaction that such amenities will exist by the Government’s required occupancy date.

D. Transit Accessibility. A bus stop must be located adjacent to the site within a walkable or drivable 1,320 feet.

1.06 LIST OF RLP DOCUMENTS (OCT 2023)

A. The following documents are attached to and included as part of this RLP package:

DOCUMENT NAME FILE NAME PREFIX NO. OF PAGES

LEASE NO. GS-XXXXXX (GSA TEMPLATE L100 FOR VA) 1 48

AGENCY SPECIFIC REQUIREMENTS (ASR) PACKAGE – COVER PAGE 2 1

APPENDIX A – PROGRAM FOR DESIGN (PFD) 2A 20

APPENDIX A.1 – PROJECT ROOM CONTENTS LIST (PRC) 2B 229

APPENDIX A.2 – LEASE DESIGN NARRATIVE (LDN) 2C 63

APPENDIX A.3 – ROOM DATA MATRIX (RDM) 2D 7

APPENDIX A.4 – VA CBOC INFORMATION TRANSPORT SYSTEMS SPECIFICATIONS 2E 19

APPENDIX A.4.1 - OIT DATA CENTER DESIGN NARRATIVE (NOT APPLICABLE) 2E.1 N/A

APPENDIX A.5 – FACILITY SECURITY LEVEL REQUIREMENTS FOR FSL II 2G 15

APPENDIX A.6 – ALLENTOWN, PA – COMMUNITY BASED OUTPATIENT CLINIC CONCEPTUAL

FLOOR PLAN

3 1

APPENDIX B – VA JANITORIAL SERVICES AND SITE MANAGEMENT SERVICES 4 14

OFFERING ENTITY ACKNOWLEDGEMENT FORM 5 1

OFFEROR PROPOSAL COMPLIANCE MATRIX 6 5

PROPOSAL TO LEASE SPACE (GSA FORM 1364) 7 4

ATTACHMENT NO. 1 TO GSA FORM 1364 8 1

GSA FORM 1217 – LESSOR'S ANNUAL COST STATEMENT 9 3

VA FORM 10091 – VA-FSC VENDOR FILE REQUEST FORM 10 2

PAST PERFORMANCE QUESTIONNAIRE 11 6

SF-330 – ARCHITECT-ENGINEER QUALIFICATIONS 12 14

GSA FORM 527 – CONTRACTOR’S QUALIFICATIONS AND FINANCIAL INFORMATION 13 6

VA HANDBOOK 6500.6 14 46

GSA FORM 3516 – SOLICITATION PROVISIONS 15 6

GSA FORM 3517B – GENERAL CLAUSES 16 21

GSA FORM 12000 FOR PRELEASE FIRE PROTECTION AND LIFE SAFETY EVALUATION FOR AN

OFFICE BUILDING (PART A OR PART B) (SEE SECTION 3 FOR APPLICABLE REQUIREMENTS)

17 7

CERTIFICATION OF BUILDING ENERGY PERFORMANCE 18 1

DOL LEHIGH COUNTY WAGE DETERMINATION 19 7

FAR 52.204-24, REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT [ATTACHMENT IS MANDATORY BUT

RESPONSE IS CONTINGENT UPON RESPONSE TO SAM ONLINE REPRESENTATION

52.204-26]

20 4

SEISMIC OFFER FORMS (IF APPLICABLE) 21 8

GSAR 552.270-33 FOREIGN OWNERSHIP AND FINANCING REPRESENTATION FOR HIGH

SECURITY LEASED SPACE (NOT APPLICABLE)

22 N/A

PRE-BID CONFERENCE REGISTRATION FORM 23 1

BROKER COMMISSION AGREEMENT (TO BE PROVIDED UPON REQUEST) * 24 6

CONTRACTOR CONFIDENTIALITY CERTIFICATE 25 1

* Broker firm shall provide and send as a separate document to each offeror

RLP NO. 36C10F23R0095, PAGE 5 GSA TEMPLATE R100 (10/23)

B. INTENTIONALLY DELETED

1.07 AMENDMENTS TO THE RLP (JUN 2012)

This RLP may be amended by notice from the LCO. Amendments may modify the terms of this RLP, or the terms, conditions, and requirements of the Lease contemplated by the RLP.

1.08 LEASE DESCRIPTION (OCT 2023)

A. Offeror shall examine the Lease template included in the RLP documents to understand the Government's and the Lessor's respective rights and responsibilities under the contemplated Lease.

B. The Lease contemplated by this RLP includes:

1. The term of the Lease, and renewal option, if any.

2. Terms and Conditions of the Lease, including Definitions, Standards, and Formulas applicable to the Lease and this RLP.

3. Building Shell standards and requirements.

4. Information concerning the tenant agency's buildout requirements, to be supplemented after award.

5. Security Requirements.

6. A description of all services to be provided by the Lessor.

C. Should the Offeror be awarded the Lease, the terms of the Lease shall be binding upon the Lessor without regard to any statements contained in this RLP.

D. The Lease contemplated by this RLP is a fully serviced Lease. Rent shall be based upon a proposed rental rate per Rentable Square Foot (RSF), limited by the offered rate and the maximum ABOA SF solicited under this RLP. Although certain Tenant Improvement (TI) requirements information is provided with this RLP and will be incorporated into the Lease, the TIs to be delivered by the Lessor will be based on the final design to be developed after award of the Lease, which reflects the Agency’s full requirements. The Lessor shall design and build the TIs and will be compensated for TI costs, together with design and project management fees to be set under the Lease. Although the TI requirements will not be developed fully until after award, Offerors shall provide the allowance stated in the Tenant Improvement Allowance paragraph of the Lease.

Unless the Government prepares Design Intent Drawings (DIDs), after award the Lessor must prepare DIDs for the leased Space conforming to the lease requirements and other Government-supplied information related to the client agency’s interior build-out requirements. The Government will have the opportunity to review the Lessor's DIDs to determine that the Lessor's design meets the requirements of the Lease. Only after the Government approves the DIDs and a final price for TIs is negotiated will the Lessor be released to proceed with buildout. The Lease also provides that the Government may modify the TI requirements, subject to the Lessor's right to receive compensation for such changes.

E. INTENTIONALLY DELETED

F. Upon completion and acceptance of the leased Space, the Space will be measured for establishing the actual annual rent, and the lease term shall commence. In instances involving an incumbent Lessor where the Government commences the lease term pending completion of TI alterations, the Government shall withhold TI rent pursuant to Section 1 of the Lease until such time as the TI is completed and accepted by the Government. During the term of the Lease, rent will be adjusted for changes to the Lessor's operating costs and real estate taxes, pursuant to paragraphs set forth in the Lease.

G. Offerors are advised that doing business with the Government carries special responsibilities with respect to sustainability, fire protection and life safety, and security, as well as other requirements not typically found in private commercial leases. These are set forth both in the lease template and in the GSA 3517B, General Clauses, and will be made part of the Lease.

1.09 RELATIONSHIP OF RLP BUILDING MINIMUM REQUIREMENTS AND LEASE OBLIGATIONS (OCT 2016)

The Lease and associated appendices establish various requirements relating to the Building shell. Such requirements are not deemed TIs.

There are certain Building requirements that are established as minimum requirements in this RLP. If the Lessor's Building does not meet the requirements at the time of award, the Lessor may still be awarded the Lease. However, as a condition of award, the Government will require Lessor to identify those Building improvements that will bring the Building into compliance with RLP requirements. Upon award of the Lease, completion of those Building improvements will become Lease obligations.

1.10 PRICING OF SECURITY REQUIREMENTS (OCT 2022)

A. The proposed Lease contains an attachment with the security requirements and obligations for the Building, which are based on the facility security level (FSL). The Federal Government determines the facility’s FSL rating, which ranges from FSL I to FSL IV. The FSL is based on client agency mix, required size of space, number of employees, use of the space, location, configuration of the site and lot, and public access into and around the facility.

B. The security requirements attached to this Lease includes a general list of countermeasures to be installed in the leased Space and indicated as Shell or TI.

C. There shall be no charge to the Government for any items that already exist in the offered Building or facility.

RLP NO. 36C10F23R0095, PAGE 6 GSA TEMPLATE R100 (10/23)

1.11 SECURITY LEVEL DETERMINATION FOR FACILITY HOUSING OTHER FEDERAL TENANTS (APR 2011)

If an Offeror is offering Space in a facility currently housing a Federal agency, the security requirements of the facility may be increased and the Offeror may be required to adhere to a higher security standard than other Offerors competing for the same space requirement. If two or more Federal space requirements are being competed at the same time, an Offeror submitting on both or more space requirements may be subject to a higher security standard if the Offeror is determined to be the successful Offeror on more than one space requirement. It is incumbent upon the Offeror to prepare the Offeror’s proposal accordingly.

1.12 AUTHORIZED REPRESENTATIVES (OCT 2020)

With respect to all matters relating to this RLP, only the Government's LCO designated below shall have the authority to amend the RLP and award a Lease. The Government shall have the right to substitute its LCO by notice, without an express delegation by the prior LCO.

Lease LCO:

Cynthia White United States Department of Veterans Affairs (VA) U.S. Department of Veterans Affairs (VA) Office of Construction & Facilities Management Office of Real Property 504.920.7603

Email: CYNTHIA.WHITE6@VA.GOV

As to all other matters, Offerors may contact the Alternate Government Contact designated below.

Alternate Government Contact:

DHC Real Estate Services James Cassidy 1777 Kearney Street Denver, CO 80220 Office Phone: 917.633.8116 Cell Phone: 973.975.6000 Email: JAMES@DHCRES.COM

1.13 LEASE ACQUSTION FEE

The Lessor shall be responsible for paying all real estate commissions due in connection with the consummation of this Lease.

For purposes of this Solicitation, the real estate firm of DHC Real Estate Services, LLC is the authorized representative of the VA and is providing Lease Acquisition Services to VA in connection with this transaction. It is understood between Lessor and VA that DHC Real Estate Services, LLC has provided Lease Acquisition Services on behalf of VA to assist in the completion of this transaction.

In connection with the provisions of such Lease Acquisition Services and in the event of consummation of a lease agreement between Lessor and VA, Lessor will pay a commission or lease acquisition fee to DHC Real Estate Services, LLC in the amount of a percentage equal to the percentage specified in the brokerage commission agreement of the total aggregate lease value. The aggregate lease value shall include, but not be limited to, base rent (including fixed rental increases or as annualized), other rental income, operating expenses (base year), real estate taxes (base year), and amortized tenant improvements (if applicable). The aggregate lease value shall not include any rental abatement provided to the VA pursuant to the Lease; any rental escalations covering operating expenses and/or real estate tax increases during the lease term; any additional amounts paid by VA for services over and above those furnished by Lessor; any lump sum payments for tenant improvements. Commissions will not be collected on option periods or for lease terms beyond the firm term of the lease.

The aggregate lease value will be used to determine the commission due and payable and will be established based on the final lease documents upon lease execution or as amended thereof. Such commission or lease acquisition fee shall be due and payable, as follows:

Seventy-five percent (75%) of commission or lease acquisition fee shall be paid to DHC Real Estate Services, LLC within thirty (30) calendar days following lease execution between Lessor and VA; and

The remaining twenty-five percent (25%) of commission or lease acquisition fee shall be paid to DHC Real Estate Services, LLC within thirty (30) calendar days following the earlier to occur of VA’s acceptance of space or commencement of rent payments.

The Lessor’s responsibilities to pay the commission(s) or lease acquisition fee is independent of any other Lessor financial responsibilities of this Lease and shall not be used to negotiate or offset any credits owed VA by the Lessor. However, in the event Lessor shall fail to pay the commission(s) or lease acquisition fee amount owed to DHC Real Estate Services; LLC pursuant to the compensation schedule outlined herein, VA, at VA’s sole option, shall pay the commission(s) or lease acquisition fee on behalf of Lessor to DHC Real Estate Services, LLC out of rent payments and/or any lump-sum payments owed or to be owed to Lessor for reimbursement(s) of tenant improvement costs or payment(s) for services/work provided by Lessor. The Lease Acquisition Fee shall not exceed one million five hundred thousand dollars ($1,500,000.00). .

mailto:CYNTHIA.WHITE6@VA.GOV

RLP NO. 36C10F23R0095, PAGE 7 GSA TEMPLATE R100 (10/23)

1.14 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL BUSINESS SIZE STANDARD (OCT 2023)

A. The North American Industry Classification System (NAICS) code for this acquisition is 531120 (Exception).

B. The small business size standard for the applicable NAICS code is found HTTPS://WWW.SBA.GOV/SIZE-STANDARDS/.

https://www.sba.gov/size-standards/

RLP NO. 36C10F23R0095, PAGE 8 GSA TEMPLATE R100 (10/23)

SECTION 2 ELIGIBILITY AND PREFERENCES FOR AWARD

2.01 EFFICIENCY OF LAYOUT (AUG 2011)

A. In order to be acceptable for award, the offered Space must provide for an efficient layout as determined by the LCO.

B. To demonstrate potential for efficient layout, VA may request the Offeror to provide a test fit layout at the Offeror’s expense. The

Government will advise the Offeror if the test fit layout demonstrates that the Government's requirement cannot be accommodated within the Space offered. The Offeror will have the option of increasing the ABOA square footage offered, if it does not exceed the maximum ABOA square footage in this RLP offer package. If the Offeror is already providing the maximum ABOA square footage and cannot house the Government's space requirements efficiently, then the Government will advise the Offeror that the offer is unacceptable.

2.02 FLOOD PLAINS (OCT 2022)

A Lease will not be awarded for any offered Property with a plan for the site disturbance or development within a 1-percent-annual-chance floodplain (formerly referred to as 100-year floodplain) unless the Government has determined that there is no practicable alternative. An Offeror may offer less than its entire site in order to exclude a portion of the site that falls within a floodplain, so long as the portion offered meets all the requirements of this RLP and does not impact the Government’s full use and enjoyment of the Premises. If an Offeror intends that the offered Property that will become the Premises for purposes of this Lease will be something other than the entire site as recorded in tax or other property records the Offeror shall clearly demarcate the offered Property on its site plan/map submissions and shall propose an adjustment to property taxes on an appropriate pro rata basis. For such an offer, the Government may determine that the offered Property does not adequately avoid development in a 1-percent-annual-chance floodplain.

In addition, a Lease will not be awarded for any offered Property adjacent to 1-percent-annual-chance floodplain, where such an adjacency would, as determined by the Government, restrict ingress or egress to the Premises in the event of a flood, unless there is no practicable alternative.

2.03 SEISMIC SAFETY – MODERATE SEISMICITY (OCT 2023)

A. The Government intends to award a Lease to an Offeror of a Building that is in compliance with the Seismic Standards. If an offer is received which is in compliance with the Seismic Standards and the other requirements of this RLP, then other offers which do not comply with the Seismic Standards will not be considered. If none of the offers is in compliance with the Seismic Standards, the LCO will make the award to the Offeror whose offer meets the other requirements of this RLP and provides the best value to the Government, taking into account price, seismic safety and any other evaluation factors specified in this RLP.

B. An offered Building will be considered to be in compliance with the Seismic Standards if it meets one of the following conditions:

1. The offer includes a representation that the Building will have less than 10,000 ABOA SF of Space leased to the Federal Government upon commencement of the lease term (Seismic Form D),

2. The offer includes a Seismic Certificate certifying that the Building is a Benchmark Building (Seismic Form A).

3. The offer includes a Seismic Certificate based on a Tier I Evaluation showing that the Building meets the Seismic Standards

(Seismic Form B). The submission must include the checklists and backup calculations from the Tier 1 Evaluation.

4. The offer includes a Seismic Certificate based on a Tier 2 or Tier 3 Evaluation showing that the Building complies with the

Seismic Standards (Seismic Form B). If the certificate is based on a Tier 2 or Tier 3 Evaluation, the data, working papers, calculations and reports from the evaluation must be made available to the Government.

5. The offer includes a commitment to retrofit the Building to satisfy all of the Basic Safety Objective requirements of ASCE/SEI 41

(Seismic Form C, Part 1). If the Offeror proposes to retrofit the Building, the offer must include a Tier 1 report with all supporting documents, a narrative explaining the process and scope of retrofit, and a schedule for the seismic retrofit. The Offeror shall provide a construction schedule, concept design for the seismic upgrade, and supporting documents for the retrofit, including structural calculations, drawings, specifications, and geotechnical report to the Government for review and approval prior to award. The documentation must demonstrate the seismic retrofit will meet the seismic standards and be completed within the time frame required.

6. The offer includes a pre-award commitment to construct a new Building, using local building codes (Seismic Form C, Part 2).

C. The LCO may allow an Offeror to submit a Seismic Certificate after the deadline for final proposal revisions. However, the LCO is not obligated to delay award in order to enable an Offeror to submit a Seismic Certificate.

D. Definitions. For the purpose of this paragraph:

1. “ASCE/SEI 31” means the American Society of Civil Engineers standard, Seismic Evaluation of Existing Buildings. You can purchase ASCE/SEI from ASCE at (800) 548-2723 or by visiting HTTP://WWW.ASCE.ORG/PUBLICATIONS/.

http://www.asce.org/publications/

RLP NO. 36C10F23R0095, PAGE 9 GSA TEMPLATE R100 (10/23)

2. “ASCE/SEI 41” means American Society of Civil Engineers standard, Seismic Rehabilitation of Existing Buildings. You can purchase ASCE/SEI from ASCE at (800) 548-2723 or by visiting HTTP://WWW.ASCE.ORG/PUBLICATIONS/.

3. “Benchmark Building” means a building that was designed and built, or retrofitted, in accordance with the seismic provisions of the applicable codes specified in Section 1.3.1 of RP 8.

4. Engineer” means a professional engineer who is licensed in Civil or Structural Engineering and qualified in the structural design of buildings. They must be licensed in the state where the property is located.

5. “RP 8” means “Standards of Seismic Safety for Existing Federally Owned and Leased Buildings ICSSC Recommended Practice

8 (RP 8),” issued by the Interagency Committee on Seismic Safety in Construction as ICSSC RP 8 and the National Institute of Standards and Technology as NIST GCR 11-917-12. RP 8 can be obtained from HTTPS://WWW.NIST.GOV/PUBLICATIONS/.

6. “Seismic Certificate” means a certificate executed and stamped by an Engineer on the appropriate Certificate of Seismic

Compliance form included with this RLP together with any required attachments.

7. “Seismic Standards” means the requirements of RP 8 Section 2.2 for Life Safety Performance Level in ASCE/SEI 31 or the Basic

Safety Objective in ASCE/SEI 41, unless otherwise specified.

8. “Tier 1 Evaluation” means an evaluation by an Engineer in accordance with Chapters 2.0 and 3.0 of ASCE/SEI 31. A Tier 1

Evaluation must include the appropriate Structural, Nonstructural and Geologic Site Hazards and Foundation Checklists.

9. “Tier 2 Evaluation” means an evaluation by an Engineer in accordance with Chapter 4.0 of ASCE/SEI 31.

10. “Tier 3 Evaluation” means an evaluation by an Engineer in accordance with Chapter 5.0 of ASCE/SEI 31.

2.04 INTENTIONALLY DELETED

2.05 HISTORIC PREFERENCE (SEP 2013)

A. The Government will give preference to offers of Space in Historic Properties and/or Historic Districts following this hierarchy of consideration:

1. Historic Properties within Historic Districts.

2. Non-historic developed sites and non-historic undeveloped sites within Historic Districts.

3. Historic Properties outside of Historic Districts.

B. Definitions.

1. Determination of eligibility means a decision by the Department of the Interior that a district, site, Building, structure or object meets the National Register criteria for evaluation although the Property is not formally listed in the National Register (36 CFR 60.3(c)).

2. Historic District means a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, Buildings, structures, or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history (36 CFR 60.3(d)).

The Historic District must be included in or be determined eligible for inclusion in the National Register of Historic Places (NRHP).

3. Historic Property means any prehistoric or Historic District, site, building, structure, or object included in or been determined eligible for inclusion in the NRHP maintained by the Secretary of the Interior (36 CFR 800.16(l)).

4. National Register of Historic Places means the National Register of districts, sites, buildings, structures and objects significant in American history, architecture, archeology, engineering and culture that the Secretary of the Interior is authorized to expand and maintain under the National Historic Preservation Act (36 CFR 60.1).

C. The offer of Space must meet the terms and conditions of this RLP package and its attachments. The LCO has discretion to accept alternatives to certain architectural characteristics and safety features defined elsewhere in this RLP package to maintain the historical integrity of an Historic Building, such as high ceilings and wooden floors, or to maintain the integrity of an Historic District, such as setbacks, floor-to-ceiling heights, and location and appearance of parking.

D. When award will be based on the lowest price technically acceptable source selection process, the Government will give a price evaluation preference, based on the total annual ABOA SF present value cost to the Government, to Historic Properties as follows:

1. First to suitable Historic Properties within Historic Districts, a 10 percent price preference.

2. If no suitable Historic Property within an Historic District is offered, or the 10 percent preference does not result in such property being the lowest price technically acceptable offer, the Government will give a 2.5 percent price preference to suitable non-historic developed or undeveloped sites within Historic Districts.

http://www.asce.org/publications/ https://www.nist.gov/publications/standards-seismic-safety-existing-federally-owned-and-leased-buildings-icssc

RLP NO. 36C10F23R0095, PAGE 10 GSA TEMPLATE R100 (10/23)

3. If no suitable, non-historic, developed, or undeveloped site within a Historic District is offered, or the 2.5 percent preference does not result in such property being the lowest price technically acceptable offer, the Government will give a 10 percent price preference to suitable Historic Properties outside of Historic Districts.

4. Finally, if no suitable Historic Property outside of Historic Districts is offered, no historic price preference will be given to any property offered.

E. When award will be based on the best value tradeoff source selection process, which permits tradeoffs among price and non-price factors, the Government will give a price evaluation preference, based on the total annual ABOA SF present value cost to the Government, to Historic Properties as follows:

1. First, to suitable Historic Properties within Historic Districts, a 10 percent price preference.

2. If no suitable Historic Property within a Historic District is offered or remains in the competition, the Government will give a 2.5 percent price preference to suitable non-historic developed or undeveloped sites within Historic Districts.

3. If no suitable, non-historic developed or undeveloped site within an Historic District is offered or remains in the competition, the

Government will give a 10 percent price preference to suitable Historic Properties outside of Historic Districts.

4. Finally, if no suitable Historic Property outside of Historic Districts is offered, no historic price preference will be given to any property offered.

F. The Government will compute price evaluation preferences by reducing the price(s) of the Offerors qualifying for a price evaluation preference by the applicable percentage provided in this provision. The price evaluation preference will be used for price evaluation purposes only. The Government will award a Lease for the actual prices proposed by the successful Offeror and accepted by the Government.

G. To qualify for a price evaluation preference, Offeror must provide satisfactory documentation in their offer that their property qualifies as one of the following:

1. A Historic Property within a Historic District.

2. A non-historic developed or undeveloped site within a Historic District.

3. A Historic Property outside of a Historic District.

2.06 ASBESTOS (OCT 2023)

A. Government requires space with no asbestos-containing materials (ACM), or with undamaged, nonfriable ACM. For purposes of this paragraph, “space” includes the 1) space offered for lease; 2) common building area; 3) ventilation systems and zones serving the space offered; and 4) the area above suspended ceilings and engineering space in the same ventilation zone as the space offered.

Notwithstanding the preceding, if no offers are received for such space, the Government may consider space with thermal system insulation ACM (e.g., wrapped pipe or boiler lagging), which is not damaged or subject to damage by routine operations.

B. ACM is defined as any material with a trace or more of asbestos quantity present.

C. Space with ACM of any type or condition may be upgraded by the Offeror to meet conditions described in sub-paragraph A by abatement

(removal, enclosure, encapsulation, or repair) of ACM not meeting those conditions. If any offer involving abatement of ACM is accepted by the Government, the successful Offeror will be required to successfully complete the abatement in accordance with OSHA, EPA, Department of Transportation (DOT), state, and local regulations and guidance prior to occupancy.

D. Management Plan and Reinspection Report Submittals. If space is offered which contains ACM, the Offeror shall submit a current asbestos-related management plan or operations and maintenance plan, along with a current asbestos re-inspection report (performed within the past 5 years) that includes a list of all ACM and their condition for acceptance by the Government prior to lease award. The management plan or operations and maintenance plan, and re-inspection report shall conform to generally accepted industry practice in accordance with EPA guidance.

E. The Government reserves the right to review Offeror’s existing records for compliance.

2.07 ACCESSIBILITY (SEP 2013)

The Lease contemplated by this RLP contains requirements for Accessibility. In order to be eligible for award, Offeror must either:

A. Verify in the Lease proposal that the Building, offered Space, and areas serving the offered Space meet the Lease accessibility requirements, or

B. Include as a specific obligation in its Lease proposal that improvements to bring the Building, offered Space, and areas serving the offered Space into compliance with Lease accessibility requirements will be completed prior to acceptance of the Space.

RLP NO. 36C10F23R0095, PAGE 11 GSA TEMPLATE R100 (10/23)

2.08 FIRE PROTECTION AND LIFE SAFETY (SEP 2013)

The Lease contemplated by this RLP contains Building requirements for Means of Egress, Automatic Fire Sprinkler System, and Fire Alarm System. In order to be eligible for award, Offeror must either:

A. Verify in the Lease proposal that the Building in which Space is offered meets the Means of Egress, Automatic Fire Sprinkler System, and Fire Alarm System requirements of the Lease; or

B. Include as a specific obligation in its Lease proposal that improvements to bring the Building into compliance with Lease requirements will be completed prior to acceptance of the Space.

2.09 ENERGY INDEPENDENCE AND SECURITY ACT (OCT 2023)

A. The Energy Independence and Security Act (EISA) establishes requirements for Government leases relating to energy efficiency standards and potential cost-effective energy efficiency and conservation improvements.

B. Subject to the exceptions below, unless one of the statutory exceptions listed in sub-paragraph C below applies, VA may award a lease for a Building only if the Building has earned the ENERGY STAR® label conferred by the U.S. Environmental Protection Agency (EPA) within the most recent year prior to the due date for final proposal revisions. The term “most recent year” means that the date of award of the ENERGY STAR® label by EPA must not be more than 1 year prior to the due date of final proposal revisions. For example, an ENERGY STAR® label awarded by EPA on October 1, 2023, is valid for all lease procurements where final proposal revisions are due on or before September 30, 2024. Notwithstanding the above, buildings that meet any of the following are considered as equivalent to having an Energy Star label in the most recent year, provided they achieve an ENERGY STAR® label within 18 months after occupancy by the Government:

1. All new Buildings being specifically constructed for the Government, provided they achieve an ENERGY STAR® label within 18 months after occupancy by the Government, and received the “Designed to Earn the Energy Star®” certification prior to construction;

2. All existing Buildings that have had an Energy Star® label but are unable to obtain a label in the most recent year (i.e., within 12 months prior to the due date for final proposal revisions) because of insufficient occupancy;

3. Newly built Buildings that have used Energy® Star’s Target Finder tool and either achieved a “Designed to Earn the Energy Star®” certification or received an unofficial score (in strict adherence to Target Finder’s usage instructions, including the use of required energy modeling) of 75 or higher prior to the due date for final proposal revisions and who are unable to obtain a label in the most recent year because of insufficient occupancy; or

4. An existing Building that is unable to obtain a label because of insufficient occupancy but that can produce an indication, through the use of energy modeling or past utility and occupancy data input into Energy Star’s® Portfolio Manager tool or Target Finder, that it can receive an unofficial score of 75 or higher using all other requirements of Target Finder or Portfolio Manager, except for actual data from the most recent year.

ENERGY STAR® tools and resources can be found at HTTPS://WWW.ENERGYSTAR.GOV/BUILDINGS/TOOLS-AND-RESOURCES.

C. Subject to subparagraph D below, EISA allows a Federal agency to lease Space in a Building that does not have an ENERGY STAR®

Label if:

1. No Space is offered in a Building with an ENERGY STAR® Label that meets RLP requirements, including locational needs;

2. The agency will remain in a Building it currently occupies;

3. The Lease will be in a Building of historical, architectural, or cultural significance listed or eligible to be listed on the National

Register of Historic Places; or

4. The Lease is for 10,000 RSF or less.

D. If one or more of the statutory exceptions applies, and the offered Space is not in a Building that has earned the ENERGY STAR® Label within one year prior to the due date for final proposal revisions, Offerors are required to include in their lease proposal an agreement to renovate the Building for all energy efficiency and conservation improvements that it has determined would be cost effective over the Firm Term of the Lease, if any, prior to acceptance of the Space (or not later than one year after the Lease Award Date of a succeeding or superseding lease). Such improvements may consist of, but are not limited to, the following:

1. Heating, Ventilating, and Air Conditioning (HVAC) upgrades, including boilers, chillers, and Building Automation System (BAS)

/Monitoring/Control System (EMCS).

2. Lighting Improvements.

https://www.energystar.gov/BUILDINGS/TOOLS-AND-RESOURCES

RLP NO. 36C10F23R0095, PAGE 12 GSA TEMPLATE R100 (10/23)

3. Building Envelope Modifications.

4. Note: Additional information can be found on HTTPS://WWW.GSA.GOV/REAL-ESTATE/REAL-ESTATE-

SERVICES/LEASING/SUSTAINABILITY-POLICIES under “Sustainability Policies.”

E. The term "cost effective" means an improvement that will result in substantial operational cost savings by reduc¬ing electricity or fossil fuel consumption, water, or other utility costs. The term "operational cost savings" means a reduction in oper¬ational costs through the application of Building improvements that achieve cost savings over the Firm Term of the Lease sufficient to pay the incremental additional costs of making the Building improvements.

F. Instructions for obtaining an ENERGY STAR® Label are provided at HTTP://WWW.ENERGYSTAR.GOV/BUILDINGS/FACILITY-

OWNERS-AND-MANAGERS/EXISTING-BUILDINGS/EARN-RECOGNITION/ (use “Portfolio Manager” to apply). ENERGY STAR® tools and resources can be found at HTTPS://WWW.ENERGYSTAR.GOV/BUILDINGS/TOOLS-AND-RESOURCES. The ENERGY STAR® Building Upgrade Manual (HTTP://WWW.ENERGYSTAR.GOV/BUILDINGS/FACILITY-OWNERS-AND- MANAGERS/EXISTING-BUILDINGS/SAVE-ENERGY/) and Building Upgrade Value Calculator (HTTP://WWW.ENERGYSTAR.GOV/BUILDINGS/TOOLS-AND-RESOURCES/BUILDING-UPGRADE-VALUE-CALCULATOR) are tools which can be useful in considering energy efficiency and conservation improvements to Buildings.

G. If one or more of the statutory exceptions applies, and the offered Space is not in a Building that has earned the ENERGY STAR® Label within one year prior to the due date for final proposal revisions, the successful Offeror will be excused from performing any agreed-to energy efficiency and conservation renovations, and benchmarking with public…