0VA2222_-_Question_and_Answer_Log_-_20121213.pdf

RLP No. 0VA2222: Solicitation Question and Answer Log

Revised: December 6, 2012 Page 1 of 12

No. Topic(s) Question Answer

01 RLP - Offer Stage Will there be pre-bid conferences? No. Questions should be raised to the GSA Lease Contracting Officer or Alternate Government Contact listed in RLP No. 0VA2222. Questions requiring formal clarification should be submitted in writing.

02 RLP - Floodplain Requirements Page 9, Section 2.02 of the RLP states sites cannot be located within the 500-yr floodplain. Our sites are not mapped by FEMA to show the 500-yr floodplain. What additional steps will be required by the RLP to confirm this requirement? A floodplain model can be completed for the design by the team. What reviews and/or approvals will the government require to confirm this requirement? Will a submittal through the FEMA FIRM process be needed and if so when will it need to be completed for acceptance?

Known floodplains shall be identified at the time initial offers are submitted. If a portion of the site is located in a floodplain, that shall clearly be identified, and it shall be made clear how the site will be demarcated to avoid development in the floodplain. If, upon evaluation, the Government has questions or concerns, additional information, clarification, or explanation may be requested. Specific requirements will be on a case-by-case basis and will depend on particular details of an offer and the respective site(s).

03 RLP - Due Date Requirement Please consider our request to extend the due dates an additional week.

Individual requests for additional time have been noted. The due date(s) may be extended, but that is not guaranteed.

04 RLP - Initial Offer Requirements (Part A and Part B) Initial Offers, Part A, items 1 and 2 require written statements “from Offeror.” While I am not the Offeror, I am the exclusive listing agent for the property. Is it acceptable for me to submit the written statements on the owner’s behalf? Or do they need to be signed by the actual owner?

For Part A of an initial offer, written statements shall be submitted by the offeror. Along with what is identified in Paragraph B.1 of Section 3.02 of RLP No. 0VA2222, offerors shall submit a written statement identifying what individual(s), if any, are authorized to submit required documentation to respond to RLP No.

0VA2222. An amendment to RLP No. 0VA2222 shall be prepared to identify that at the time Part A of initial offerors is submitted, offerors shall submit a written statement identifying who, if anyone else, may submit on the offeror's behalf.

05 RLP - Initial Offer Requirements (Part A and Part B) In Part B item 1, am I to understand that we are simply to resubmit the information from Part A?

Yes. When these items are submitted with Part B of the initial offer, they should be updated to reflect current information and any changes that may have occurred since Part A submittals were provided. If no changes have been made, a statement to this effect may be submitted in lieu of resubmitting these documents.

Revised: December 6, 2012 Page 2 of 12

No. Topic(s) Question Answer

06 RLP - Initial Offer Requirements (Part A and Part B) In Part B item 2, “price and technical submittals,” to what does that exactly refer? Is there a specific form or are you just indicating that we need to submit our pricing and drawings at that time?

This refers to anything identified in the RLP package that is required to be submitted as part of an offeror's proposal. This includes both price and technical submittals.

07 RLP - Initial Offer Requirements (Part A and Part B) I am assuming that Part B item 3 refers to all of the other forms that are included in the RLP (with the exception of Form L201C). Is that accurate? Do you have a complete checklist of forms/items that need to be included with Part B?

- This refers to any and all submittals required to adequately respond to RLP No. 0VA2222 and provide necessary technical and price components of an offer.

This includes submittals outlined in RLP No. 0VA2222, as well as other required information and supporting documentation needed to respond to the technical evaluation factors and other requirements specified in RLP No. 0VA2222.

- A checklist has not been prepared. Many of the submittal requirements are outlined in Section 3.06 of RLP No. 0VA2222; however, that may not be an all inclusive list. Other documentation and supporting information may be required to respond to the technical evaluation factors and other requirements identified in RLP No. 0VA2222.

30 RLP - Initial Offer Requirements (Part A and Part B) Is GSA Form 3518 required to be submitted with Part A of initial offers, due December 12, 2012?

No. GSA Form 3518 is not required to be submitted on December 12, 2012. The completed GSA Form 3518 is required to be submitted by January 23, 2013, with the Part B of the initial offer.

Revised: December 6, 2012 Page 3 of 12

No. Topic(s) Question Answer

08 RLP - Rent Cap Requirement Please confirm Cap Rent of $25/RSF x 127,650 = a Maximum Annual Cap Rent of $3,191,250. Or is it 90% of this number? Can the annual cap rent escalate by a percentage per year through the term of the lease and if so what is that annual percentage rate?

- The rent cap is on a per square foot basis. So, the annual rent corresponding to the cap on the rental rate may differ from one offer to another and will be dependent on the common area factor applied to the ANSI/BOMA Office Area square footage to yield the rentable square footage for a particular building. The rent cap applies to the entire term of the lease. The rent cap is not escalated. At no point during the term of the lease can the rental rate exceed $25.00 per RSF.

This rent cap does not, however, consider annual adjustments that will be made for operating cost adjustments or real estate tax adjustments. Those adjustments are not subject to the rent cap.

- The rent cap does not apply to the requested renewal period.

09 RLP - Submittal Requirement for FPLS RLP Section 3.06.J: Fire Protection & Life Safety Information. Clause does not appear to address to-be-built space.

The Form 12000 is used primarily for existing buildings.

However, this form shall be filled out for each offer. If sections of the form are not applicable, they may be indicated as such.

10 RLP - Control of Property

RLP - Offer Submittal Requirements

Sec. 5.02: Control of Property. Will multiple offers or alternative options from a single Offeror for a given site be accepted so that the Offeror may propose alternates that the Government can select from?

These may include site configuration alternatives and/or Rent, TI or Lump Sum cost reduction alternatives that will not require any revision to the Government's submission documents in their current form.

No. Only one (1) offer per property is permitted.

Multiple "alternatives" or "options" under one proposal, each with unique technical components and pricing, are unacceptable. Providing multiple options in this manner would essentially constitute multiple proposals being submitted.

Revised: December 6, 2012 Page 4 of 12

No. Topic(s) Question Answer

11 RLP - Offer Submittal Requirements

RLP - Technical Evaluation Requirements

The RLP does not include any language regarding GSA Excellence in Design standards as being part of the scoring for award. As this RLP is being competed for both new construction and remodeling of the existing construction, how will the Government score new construction against the tilt structural-T construction of the existing building? We can exceed the existing building quality by proposing a modern three-story site cast concrete structure which is very cost effective. We can also propose other façade systems, i.e. brick or precast concrete but at higher cost. We understand that price is equal to all other award factors combined however the exiting building sets the standard of the competition as tilt concrete panel construction as it is not clear to us how we can overcome the cost preference that the existing building may have, all other award factors being equal. Will the Government accept the Offeror proposing alternative cost reductions in either Rent, TI or Lump Sum costs for different façade materials as part of the Offer?

- Each offer will be evaluated in accordance with the terms and conditions of the RLP and the approved Source Selection Plan the Government prepared for this procurement. Offers will not be rated against any other offers. Offers will be rated strictly against the criteria established in the RLP and the approved source selection plan.

- The Government will not comment on the quality of the existing building, how it will be rated, etc. That being said, the current facility does not set the standard of the competition. The standards for evaluation are set by the standards established in the

RLP.

- It should be noted that price is approximately equal in importance to the combination of the technical award factors identified in the RLP. It should also be noted that the award factors listed in Section 4.04 of the RLP are listed in descending order of importance.

- Offers proposing alternates or options for technical proposals or price adjustments are not acceptable.

31 RLP - Offer Evaluation Is there a preference for a single story or multistory building?

There is no preference one way or the other, and there will be no preference given for one or the other in evaluating offers submitted in response to RLP No.

0VA2222. Offerors shall consider all requirements of RLP No. 0VA2222 and the accompanying solicitation documents in determining which to propose.

12 RLP and Lease - Expansion Requirements No future expansion requirements have been identified. Will there be any expansion requirements?

No future expansion requirements have been identified to date. No expansion requirements will be considered for purposes of RLP No. 0VA2222 and award of the Lease contemplated by said RLP. Evaluation will be based solely on the requirements established in RLP No. 0VA2222 and the accompanying solicitation

Revised: December 6, 2012 Page 5 of 12

No. Topic(s) Question Answer

13 RLP and Lease - LEED-CI Requirements LEED CI "certified" required for TI. Please confirm that no LEED certification requirements are identified for shell other than required credits , Section 3.06, T.

The only requirements for the LEED-CI certification are those that are specified. The credits identified in the table in Paragraph T of Section 3.06 are required.

Other than those identified in that table, the credits may come from shell or TI items. Offerors should consider that some shell requirements may closely align with LEED-CI requirements. Offerors shall also consider how certain LEED-CI credits may be considered in evaluating an offeror's technical proposal, as outlined in Section 5.08 of the RLP.

14 RLP and Lease - Agency Components & Use of Space There is language in the RLP indicating that both users of the facility (DHS-A and DHS-B) can share common areas. Is this sharing extended to infrastructure systems (HVAC, power) or does each user require separate systems?

The users do not require separate systems.

Revised: December 6, 2012 Page 6 of 12

No. Topic(s) Question Answer

15 RLP - Price Proposal Requirements

Lease - Operating Costs

How should operating costs for TIs be priced? - For many items, there is enough information in the RLP and accompanying solicitation documents to adequately price costs and include in the Lease operating rent. For example, there is enough information included in the RLP and accompanying solicitation documents to determine the costs associated with running the 24/7 areas during the normal hours of operation established in the Lease.

Those costs shall be included in the Lease operating rent.

- For some items, requirements have not been specified and costs should therefore not be included in the Lease operating rent. For example, while the Lease identifies as a shell requirement the need for utilities to be available at the wareyard, no requirements are specified for utility use at the wareyard. Therefore, no costs shall be included in the Lease operating rent (other than what may be needed to meet shell requirements, such as electricity for required lighting).

If distribution or use of utilities at the wareyard is confirmed following award of the Lease, an adjustment to the Lease operating rent may be appropriate and would be addressed accordingly at that time.

- If new requirements are specified following lease award, or if requirements change post award, an adjustment to the operating rent may be appropriate and would be addressed accordingly at that time.

16 Lease - Design Guide Requirements Does the GSA PBS P-100 'Facilities Standards for the Public Buildings Services' apply to this solicitation. If so, does the RLP take precedence or does the P-100?

Unless there is a particular section of the RLP or Lease that reference P-100 for a specific requirement, the P- 100 does not apply. The requirements for this RLP and Lease contemplated by this RLP are those specified in RLP No. 0VA2222 and the accompanying solicitation

Revised: December 6, 2012 Page 7 of 12

No. Topic(s) Question Answer

17 Lease - Shell and TI Requirements Please provide definition of Warm-lit Shell to clarify what costs are shell and what costs are TI.

Shell requirements are established in Section 3 of the Lease contemplated by RLP No. 0VA2222. Similarly, tenant improvement requirements are established in Section 5 of the Lease. In addition to the general shell and TI requirements established in Section 3 and Section 5, respectively, there are a number of requirements outlined throughout the documents included with RLP No. 0VA2222 that are identified as either Shell, tenant improvement, or building specific security requirements.

29 Lease - Shell and TI Requirements Regarding your answer to Question #17:

Please confirm that tenant area acoustical ceilings and lighting are to be included in Shell cost.

Yes - this is correct. The acoustical ceiling requirement shall be included as a shell cost in accordance with Section 3.22, "Ceilings (JUN 2012)" of the Lease contemplated by RLP No. 0VA2222. Likewise, the lighting requirement shall be included as a shell cost in accordance with Section 3.45, "Lighting: Interior and Parking - Shell (JUN 2012)" of the Lease contemplated by RLP No. 0VA2222. Please note that there are additional lighting requirements that are considered tenant improvements, which are outlined in Section 5 of the Lease contemplated by RLP No. 0VA2222. The lighting requirements identified as tenant improvements shall not be included as shell costs.

Other requirements are specified throughout the Lease and identified as either shell or TI.

18 Lease - Lighting Requirement Lighting Criteria: Is GSA PBS-P100 to be used for the design of the lighting (primarily Table 6-3) or is GSA Form L201C, page 23, Section 3.45 to be used for the design of the lighting?

Requirements in GSA Form L201C apply to the Lease contemplated by RLP No. 0VA2222. Requirements of GSA PBS P-100 do not apply, nor do other requirements included in other documents related to federal design standards, unless specifically stated in RLP No. 0VA2222 or accompanying documents.

Revised: December 6, 2012 Page 8 of 12

No. Topic(s) Question Answer

19 Lease - TI Requirements There is an apparent ambiguity or contradiction in language contained in Section 5.16 and Section 5.17 of the Lease. Section 5.16 states that the Lessor is responsible for data cabling, but Paragraph B of Section

5.17 states that the Government will be responsible for the cost of purchasing data and telecommunications equipment. Please clarify.

The language is correct as stated. Section 5.16 establishes that the lessor is responsible for purchasing and installing the data cabling as part of the TI build out. Section 5.17, Paragraph B, states that the Government is responsible for the costs of purchasing the cabling. Section 5.17 does NOT establish that the Government is responsible for the actual purchase of the data cable.

20 Lease - Occupancy Date Requirement Is there a Finite Occupancy Date? None is stated in the RFP, Requirements Outline states Estimated Occupancy of December 2014.

In accordance with Paragraph H of Section 4.01, Schedule for Completion of Space, of the Lease, occupancy will be required within 210 calendar days following issuance of notice to proceed (NTP) on the tenant improvements. Other than that, there is not an established, finite occupancy date.

21 Lease - Security Requirements The Request for Lease Proposal (RLP) notes that the building is a Security Level III and leads one to Exhibit A, see page 6, section 1.05 and page 46, section 7.01. Are the security requirements limited to Exhibit A or is the proposed design to also required meet the "ISC Physical Security Criteria for Federal Facilities, April 12 2010, for an FSL III? If so, should it also be assumed that the security requirements also need to meet the more detailed blast criteria of the "General Services Administration Facility Security Requirements for Explosive Devices Applicable to Facility Levels III and IV," which is GSA's interpretation document for the ISC Physical Security Criteria?

The security requirements established in Exhibit A are the security requirements for the lease contemplated by RLP No. 0VA2222. The requirements of Exhibit A are a modified version but based on ISC Level III. Unless other standards are referenced, the requirements established in Exhibit A are the complete set of security requirements.

Revised: December 6, 2012 Page 9 of 12

No. Topic(s) Question Answer

22 Lease - Security Requirements Exhibit A of the RLP, section 25.B.1. Vehicle Barriers, states that barriers are required to prevent vehicles from accessing the site, shall be designed for a K12 rating and located at pedestrian entrances. Is it the intent that K12 barriers be provided around the entire building perimeter or only at pedestrian entrances, which is consistent with an ISC FSL III facility (in accordance with the ISC Physical Security Criteria)?

Please provide clarification as to the extent of K12 anti-ram barriers and where a curb or non-rated deterrent barrier will suffice.

The intent of this paragraph is that the K12 barriers are provided around the entire site. The curb line shall be considered sufficient around the perimeter of the building in terms of establishing setback; however, K12 barriers are required to protect pedestrian entrances.

23 Lease - Security Requirements

Lease - Wareyard Requirements

Does the wareyard have to be stood off 50’ from the building?

The wareyard does not necessarily need to be set back from the building by 50 feet. If the wareyard is accessible by a vehicle with no access control or other secure perimeter, then there needs to be a 50 foot setback from the building to any and all such points in the wareyard that would otherwise be accessible by a vehicle. However, if the wareyard has a secure perimeter, or if the wareyard itself has a 50 foot setback from the closest point accessible by a vehicle such that it would provide a "secure buffer" from the closest point otherwise accessible by a vehicle, then an additional 50 foot setback from the wareyard to the building is not required.

24 Lease - Security Requirements

Lease - Wareyard Requirements

Can the wareyard be adjacent to the building and does it have to be stood off from the employee parking by 50’?

The wareyard may be adjacent to the building. The setback requirement applies to the facade of the building, around the entire building perimeter. There is no specific setback requirement for the wareyard.

However, depending on the proposed location of the wareyard and whether or not there is in fact a secure perimeter around the wareyard, that may impact in one way or another the setback requirement for the building itself. See above for additional information on the building setback requirement.

Revised: December 6, 2012 Page 10 of 12

No. Topic(s) Question Answer

25 Lease - Security Requirements

Lease - Warehouse Loading Dock Requirements

Clarify the loading dock arrangement. Since they will by function be a vehicle access point, are the loading docks required to be 50’ from the building. The RLP does not indicate an exception for the loading docks.

A 50 foot setback is required from the face of the building's exterior to the protected/defended perimeter. This requirement may be met in one of two ways. First, the loading dock may be 50 feet from the face of the building's exterior, while the 50 foot setback is otherwise maintained around the entire building perimeter. Alternately, offerors may illustrate the setback being met by establishing a "protected/defended perimeter" a minimum of 50 feet from the face of the building's exterior, with vehicular access beyond that point and approaching the building controlled at the point of the protected/defended perimeter. This should be considered by offerors and addressed as part of an offeror's response to the "Site Design" subfactor of the "Design Concept" technical evaluation factor outlined in the RLP.

28 Lease - Security Requirements

RLP Amendment #01

In your Amendment #1 to 0VA2222, the first two lines read “The Lessor shall provide a setback distance of 50 feet as specified from the face of the building’s exterior to the protected/defended perimeter (i.e., any potential point of explosion). This means the distance from the building to the curb or other boundary protected by bollards, planters or other street furniture.” The second to last line reads, “Additionally, the leased facility shall be located a minimum of 50 feet from the face of the building to the property line or parking on all sides of the building”. Regarding the language pertaining to parking, I assume, from a design perspective, this would not apply to parking which is specific to the government’s parking requirement located on the offered site, but rather applies to adjacent parking which is not part of the offered site.

Please confirm.

This assumption is incorrect. The 50 foot setback applies to the perimeter of the entire building to the property line or any point accessible by a vehicle. A curb line or other boundary shall serve to establish the protected/defended perimeter for purposes of meeting this requirement.

See item #25 in this question and answer log for additional clarification regarding setback as it relates to the loading dock.

Revised: December 6, 2012 Page 11 of 12

No. Topic(s) Question Answer

32 Lease - Security Requirements

RLP Amendments (#03)

Regarding the K12 barrier issue addressed in Item #22 of the Q&A Log:

Is it the Government's intent that a K12 crash rated barrier is required around the entire perimeter of the site? The answer in Item #22 of the Q&A log states that the intent of Paragraph 25.B.1 of Exhibit A of the RLP is that K12 barriers are provided around the entire site. The answer to Item #22 in the Q&A Log continues in stating that the curb line shall be sufficient around the perimeter of the building in terms of establishing setback. These two statements appear to be in conflict. Please clarify.

The response to Item #22 in the Q&A Log also states that K12 barriers that are required to protect pedestrian entrances. Are pedestrian entrances to have a K12 rated barrier encircling pedestrian entrances to the building at a distance of 50 feet or at all if it is the understanding that K12 barriers are not required?

K-12 rated barriers are not required around the entire perimeter of the site. While the curbline shall serve as sufficient means of establishing a protected/defended perimeter (in addition to other means as described in Paragraph 24 of Exhibit A, Security Requirements, of RLP No. 0VA2222), pedestrian entrances and exits to and from the building shall be protected by K-12 rated barriers. Pedestrian entrances and exits shall be protected by K-12 rated barriers, which shall be placed between the curbline (or other protected/defended perimeter) and pedestrian entrances and exits.

Whereas vehicular access to the loading dock may approach the building within 50 feet (see Item #25 of Q&A Log), K-12 rated barriers are required in order to prevent an approaching vehicle from driving into the building if vehicular access to the loading dock will in fact be within 50 feet of the building exterior.

While K-12 rated barriers are not required around the perimeter of the site, the Government shall have the right at any time during the term of the Lease to require installation of K-12 rated barriers around the perimeter of the entire site.

Revised: December 6, 2012 Page 12 of 12

No. Topic(s) Question Answer

26 Lease - Wareyard Requirements

Lease - Parking Requirements

Section 7.06 C of the RLP states that the wareyard “maybe included as an extension of the parking area otherwise required to provide parking required by this Lease”. Please clarify. Does this mean that the 7500 sq ft delineated for the wareyard (which can be used for parking government vehicles) would be included in the 521 parking spaces? The 75’ by 100’ wareyard could fit approximately 22 vehicles (9’x 18” with double loaded drive isle). Is this the intent of the RLP?

The wareyard may not be included as part of the parking area required to deliver the 521 required parking spaces. The intent of this paragraph is to identify that the wareyard may be immediately adjacent to the parking area. Further, there is no setback or defended perimeter requirement for the wareyard if it is physically connected to or immediately adjacent to the parking area. Please note, however, that setback requirements for the building may be impacted in one way or another based on the actual location of the wareyard as it relates to the building.

27 Lease - Parking Requirements Are the 40 visitor parking spaces required to be physically separated (outside the defended perimeter) from the employee parking with their own entrance and exit?

No. The visitor parking spaces should be part of the overall parking area and should not be physically separate.