Standard_RLP_GSA_Form_R101C 1 01182012.pdf

GSA REQUEST

FOR LEASE

PROPOSAL

NO. 1AL2091

Fairhope, AL

Offers due by 02/01/2012

In order to be considered for award, offers conforming to the requirements of the RLP shall be received no later than 5:00pm Eastern Standard Time on the date above.

See “Receipt Of Lease Proposals” herein for additional information.

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.

STANDARD RLP

GSA FORM R101C (December 2011)

TABLE OF CONTENTS

STANDARD RLP ............................................................................................................................................................... i

SECTION 1 STATEMENT OF REQUIREMENTS

1.01 GENERAL INFORMATION (AUG 2011)

1.02 AMOUNT AND TYPE OF SPACE AND LEASE TERM (AUG 2011)

1.03 AREA OF CONSIDERATION (AUG 2011)

1.04 NEIGHBORHOOD, PARKING, AND LOCATION AMENITIES, AND PUBLIC TRANSPORTATION (APR 2011)

1.05 LIST OF RLP DOCUMENTS (APR 2011)

1.06 AMENDMENTS TO THE RLP (APR 2011)

1.07 LEASE DESCRIPTION (AUG 2011)

1.08 RELATIONSHIP OF RLP BUILDING MINIMUM REQUIREMENTS AND LEASE OBLIGATIONS (APR 2011)

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

1.10 GSAR 552.270-9 INSPECTION—RIGHT OF ENTRY (APR 2011)

1.11 AUTHORIZED REPRESENTATIVES (AUG 2011)

1.12 BROKER COMMISSION AND COMMISSION CREDIT (APR 2011)

SECTION 2 ELIGIBILITY AND PREFERENCES FOR AWARD

2.01 EFFICIENCY OF LAYOUT (AUG 2011)

2.02 FLOOD PLAINS (APR 2011)

2.03 SEISMIC SAFETY (REGIONS OTHER THAN 8, 9, AND 10) (AUG 2011)

2.04 SEISMIC SAFETY (REGIONS 8, 9, AND 10) (APR 2011)

2.05 GSAR 552.270-2 HISTORIC PREFERENCE (APR 2011)

2.06 ASBESTOS (APR 2011)

2.07 ACCESSIBILITY (AUG 2011)

2.08 FIRE PROTECTION AND LIFE SAFETY (AUG 2011)

2.09 SECURITY (APR 2011)

2.10 ENERGY INDEPENDENCE AND SECURITY ACT (SEP 2011)

SECTION 3 HOW TO OFFER

3.01 GENERAL INSTRUCTIONS (APR 2011)

3.02 RECEIPT OF LEASE PROPOSALS (SEPT 2011)

3.03 PRICING TERMS (AUG 2011)

3.04 BUDGET SCOREKEEPING; OPERATING LEASE TREATMENT (APR 2011)

3.05 PROSPECTUS LEASE (APR 2011)

3.06 BUILDING AND SITE INFORMATION (SEP 2011)

3.07 TENANT IMPROVEMENTS INCLUDED IN OFFER (APR 2011)

3.08 LEED FOR COMMERCIAL INTERIORS (LEED-CI)

3.09 OPERATING COSTS REQUIREMENTS INCLUDED IN OFFER (APR 2011)

3.10 INTENTIONALLY DELETED

SECTION 4 METHOD OF AWARD

4.01 NEGOTIATIONS (AUG 2011)

4.02 AWARD BASED ON PRICE (AUG 2011)

4.03 OTHER AWARD FACTORS (APR 2011)

4.04 PRESENT VALUE PRICE EVALUATION (JULY 2011)

4.05 AWARD (AUG 2011)

SECTION 5 ADDITIONAL TERMS AND CONDITIONS

REQUEST FOR LEASE

PROPOSALS NO. 1AL2091

12/28/2011 STANDARD RLP GSA FORM R101C (December 2011)

SECTION 1 STATEMENT OF REQUIREMENTS

1.01 GENERAL INFORMATION (AUG 2011)

A. 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 below to select an Offeror for award. The Government will award the Lease to the selected Offeror, subject to the conditions below.

B. Included in the RLP documents is a Lease Form (Form L201-C) setting forth the Lease Term and other terms and conditions of the Lease contemplated by this RLP and a Lease Proposal Form (Form 1364C) on which Offerors shall submit its offered rent and other price data, together with required information and submissions. The Lease clause titled "Definitions and General Terms" shall apply to the terms of this RLP.

C. Do not attempt to complete the Lease Form (Form L201-C). Upon selection for award, GSA will transcribe the successful Offeror's final offered rent and other price data included on the Lease Proposal Form (1364C) into the Lease form, and transmit the completed Lease Form, together with 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 Form for accuracy and consistency with the successful offer data on the Offeror's Form 1364C, sign 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.

1.02 AMOUNT AND TYPE OF SPACE AND LEASE TERM (AUG 2011)

A. The Government is seeking a minimum of 2,400 to a maximum of 2,520 of American National Standards Institute/Building Owners & Managers Association Office Area (ABOA) square feet (SF) of contiguous space within the Area of Consideration set forth below. See Section 2 of the Lease for applicable American National Standards Institute/Building Owners & Managers Association (ANSI/BOMA) standards. In addition to 1,850 (ABOA) of warehouse space.

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 15 reserved parking spaces. These spaces must be secured and lit in accordance with the Security Requirements set forth in the Lease. The Government requests that the cost of this parking shall be included 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 specific requirements information provided with this RLP.

E. 5 Years, 5 Years Firm,

1.03 AREA OF CONSIDERATION (AUG 2011)

The Government is requesting space in an area bounded as follows:

North: County Road 64 (Daphne Ave) East: State Road 181 West: U.S. Hwy 98 and U.S. Hwy 98 Alt.

South: U.S. Hwy 98 Alt. (known as State Road 42)

Buildings that have frontage on the boundary streets are deemed to be within the delineated area of consideration.

RLP NO. 1AL2091 PAGE 2 GSA FORM R101C (DECEMBER 2011)

1.04 NEIGHBORHOOD, PARKING, AND LOCATION AMENITIES, AND PUBLIC TRANSPORTATION (APR 2011)

1.05 LIST OF RLP DOCUMENTS (APR 2011)

The following documents are incorporated by reference, as though fully set forth herein:

DOCUMENT NAME

NO. OF

PAGES

EXHIBIT

Lease No. GS-XXX-XXXXX (Form L201-C) 29 A

Proposal to Lease Space (GSA Form 1364C) 4 B

GSA Form 1217, Lessor's Annual Cost Statement 2 C

Building Security Unit Price List N/A N/A

Agency Specific Requirements, Dated X N/A N/A

Additional Security Requirements N/A N/A

GSA Form 3516 Solicitation Provisions 1 D

GSA Form 3517B General Clauses 48 E

GSA Form 3518 Representations and Certifications 3 F

GSA Form 12000 for Pre-lease Fire Protection and Life Safety Evaluation for an Office Building (Part A or Part B)

6 G

Pre-Lease Building Security Plan 6 H

1.06 AMENDMENTS TO THE RLP (APR 2011)

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 (including the Agency Specific Requirements).

1.07 LEASE DESCRIPTION (AUG 2011)

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

The Lease contemplated by this RLP is included in the RLP documents, and includes:

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

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

C. Building Shell standards and requirements.

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

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

Should the Offeror be awarded the Lease, the terms of the Lease will be binding upon the Lessor without regard to any statements contained in this RLP. Notwithstanding the foregoing, the following is provided to assist Offerors in understanding the nature of the Lease.

The Lease contemplated by this RLP is a fully serviced Lease. Rent will be based upon a proposed rental rate per rentable square foot (RSF), limited by the offered rate and the maximum ABOA square feet solicited under this RLP. Although certain Tenant Improvements (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 upon Agency Specific Requirements to be supplied after award of the Lease. The Lessor will be required to design and build the TIs and will be compensated for the TI costs that it incurs, 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 clause of the Lease. Offerors are encouraged to consider the use of existing fit-out and other improvements to minimize waste. However, any existing improvements must be deemed equivalent to Lease requirements for new construction, and Offerors are cautioned to consider those requirements before assuming efficiencies in its TI costs resulting from use of existing improvements.

Unless the Government prepares Design Intent Drawings (DIDs), after award the Lessor must prepare DIDs for the leased space conforming to the Agency Specific 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 Tenant Improvement requirements, subject to the Lessor's right to receive compensation for such changes.

RLP NO. 1AL2091 PAGE 3 GSA FORM R101C (DECEMBER 2011)

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. During the term of the Lease, rent will be adjusted for changes to the Lessor's operating costs and real estate taxes, pursuant to clauses set forth in Section 2 of the Lease.

Finally, Offerors should understand 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 form and in the attached Form 3517B, which will be part of the Lease.

1.08 RELATIONSHIP OF RLP BUILDING MINIMUM REQUIREMENTS AND LEASE OBLIGATIONS (APR 2011)

The Lease establishes various requirements relating to the building shell; such requirements are not deemed Tenant Improvements.

Certain of these requirements 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 Lessor will be required 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.

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

If space is offered 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.

1.10 GSAR 552.270-9 INSPECTION—RIGHT OF ENTRY (APR 2011)

A. At any time and from time to time after receipt of an offer (until the same has been duly withdrawn or rejected), after acceptance thereof and during the term, the agents, employees and contractors of the Government may, upon reasonable prior notice to Offeror or Lessor, enter upon the offered premises or the premises, and all other areas of the building access to which is necessary to accomplish the purposes of entry, to determine the potential or actual compliance by the Offeror or Lessor with the requirements of the solicitation or this lease, which purposes shall include, but not be limited to:

1. Inspecting, sampling, and analyzing of suspected asbestos-containing materials and air monitoring for asbestos fibers.

2. Inspecting the heating, ventilation and air conditioning system, maintenance records, and mechanical rooms for the offered premises or the premises.

3. Inspecting for any leaks, spills, or other potentially hazardous conditions which may involve tenant exposure to hazardous or toxic substances.

4. Inspecting for any current or past hazardous waste operations, to ensure that appropriate actions were taken to alleviate any environmentally unsound activities in accordance with Federal, state, and local law.

B. Nothing in this clause shall be construed to create a Government duty to inspect for toxic materials or to impose a higher standard of care on the Government than on other lessees. The purpose of this clause is to promote the ease with which the Government may inspect the building. Nothing in this clause shall act to relieve the Lessor of any duty to inspect or liability which might arise because of Lessor's failure to inspect for or correct a hazardous condition.

1.11 AUTHORIZED REPRESENTATIVES (AUG 2011)

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 without notice or express delegation by the prior LCO.

Lease LCO:

LeShaundra L. Greer 77 Forsyth Street, SW, Atlanta, GA 30303 404.562.0586 404.293.5227 404.562.0869 LeShaundra.Greer@gsa.gov

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

Alternate Government Contact:

Robert E. Scott

RLP NO. 1AL2091 PAGE 4 GSA FORM R101C (DECEMBER 2011)

77 Forsyth Street, SW, Atlanta, GA 30303 404.562.2773 404.433.8500 404.562.2747 RobertE.Scott@gsa.gov

1.12 BROKER COMMISSION AND COMMISSION CREDIT (APR 2011)

RLP NO. 1AL2091 PAGE 5 GSA FORM R101C (DECEMBER 2011)

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, GSA 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 (APR 2011)

An award of contract will not be made for any offered property located within a 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. If an Offeror intends that the offered property that will become the demised 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 Contracting Officer may, in its sole discretion, determine that the offered property does not adequately avoid development in a 100-year floodplain.

2.03 SEISMIC SAFETY (REGIONS OTHER THAN 8, 9, AND 10) (AUG 2011)

2.04 SEISMIC SAFETY (REGIONS 8, 9, AND 10) (APR 2011)

2.05 GSAR 552.270-2 HISTORIC PREFERENCE (APR 2011)

2.06 ASBESTOS (APR 2011)

A. Offers are requested for space with no asbestos-containing materials (ACM), or with ACM in a stable, solid matrix (e.g., asbestos flooring or asbestos cement panels), which is not damaged or subject to damage by routine operations. 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. 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 materials with a concentration of greater than 1 percent by dry weight of asbestos.

C. Space with ACM of any type or condition may be upgraded by the Offeror to meet conditions described in 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. If space is offered which contains ACM, the Offeror shall submit an asbestos-related management plan for acceptance by the Government prior to lease award. This plan shall conform to EPA guidance.

2.07 ACCESSIBILITY (AUG 2011)

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

A. Verify in the Lease proposal that the building in which space is offered meets the Lease requirements, 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.

2.08 FIRE PROTECTION AND LIFE SAFETY (AUG 2011)

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, Offerors must either:

RLP NO. 1AL2091 PAGE 6 GSA FORM R101C (DECEMBER 2011)

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.

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 SECURITY (APR 2011)

The Lease contemplated by this RLP contains building requirements and other obligations relating to Security. Reference the paragraph titled ‘List of RLP Documents” for any additional security requirements. In order to be eligible for award, the Offeror shall provide a Pre-Lease Building Security Plan with its offer that addresses its compliance with the Lease Security Requirements.

2.10 ENERGY INDEPENDENCE AND SECURITY ACT (SEP 2011)

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. Unless one of the statutory exceptions listed in subparagraph C below applies, GSA 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, 2010, is valid for all lease procurements where final proposal revisions are due on or before September 30, 2011. In lieu of the above, all new buildings being specifically constructed for the Government must achieve an ENERGY STAR® label within 18 months after occupancy by the Government. In addition, offerors of the following buildings shall also have up to 18 months after occupancy by the Government, or as soon thereafter as the building is eligible for Energy Star consideration, to achieve an Energy Star label: 1) 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; 2) 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; 3) 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 WWW.ENERGYSTAR.GOV.

C. 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 rentable square feet 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.

3. Building Envelope Modifications.

NOTE: Additional information can be found on http://www.gsa.gov/leasing under “Green Leasing.”

E. The term "cost effective" means an improvement that will result in substantial operational cost savings to the landlord by reducing electricity or fossil fuel consumption, water, or other utility costs. The term "operational cost savings" means a reduction in operational costs to the landlord 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.

file:///C:/Temp/notes782185/www.energystar.gov

RLP NO. 1AL2091 PAGE 7 GSA FORM R101C (DECEMBER 2011)

F. Instructions for obtaining an ENERGY STAR® Label are provided at http://www.energystar.gov/eslabel (use “Portfolio Manager” to apply). ENERGY STAR® tools and resources can be found at www.energystar.gov. The ENERGY STAR® Building Upgrade Manual (http://www.energystar.gov/) and Building Upgrade Value Calculator (http://www.energystar.gov/ financialevaluation) 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 if it obtains the Energy Star Label prior to the Government’s acceptance of the space (or not later than one year after the Lease Award Date for succeeding and superseding leases).

H. If no improvements are proposed, the Offeror must demonstrate to the Government using the ENERGY STAR® Online Tools why no energy efficiency and conservation improvements are cost effective. If such explanation is unreasonable, the offer may be rejected.

I. All new buildings being specifically constructed for the Government must achieve the ENERGY STAR® Label within 18 months after occupancy by the Government.

RLP NO. 1AL2091 PAGE 8 GSA FORM R101C (DECEMBER 2011)

SECTION 3 HOW TO OFFER

3.01 GENERAL INSTRUCTIONS (APR 2011)

Offerors are required to prepare a complete offer, using the forms provided with this RLP, and submit the completed lease proposal package to the Government as indicated below.

3.02 RECEIPT OF LEASE PROPOSALS (SEPT 2011)

A. Offeror is authorized to transmit its lease proposal as an attachment to an email. Offeror's email shall include the name, address and telephone number of the Offeror, and identify the name and title of the individual signing on behalf of the Offeror.

Offeror's signed lease proposal must be saved in a generally accessible format (such as portable document format (pdf)), which displays a visible image of all original document signatures, and must be transmitted as an attachment to the email. Only emails transmitted to, and received at, the GSA email address identified in the request for lease proposals will be accepted. Offeror submitting a lease proposal by email shall retain in its possession, and make available upon GSA's request, its original signed proposal. Offeror choosing not to submit its proposal via email may still submit its lease proposal by United States mail or other express delivery service of Offeror's choosing.

B. In order to be considered for award, offers conforming to the requirements of the RLP shall be received in one of the following ways:

1. No later than 5:00pm Eastern Standard Time on the following date at the following designated office and address:

Date: February 9, 2012

Office: General Service Administration

Address: LeShaundra L. Greer , 77 Forsyth Street, SW, Atlanta, GA 30303

2. No later than 5:00pm Eastern Standard Time on the following date at the following email address:

Date: February 9, 2012

Email: LESHAUNDRA.GREER@GSA.GOV Address: LeShaundra L. Greer

C. Offers sent by United States mail or hand delivered (including delivery by commercial carrier) shall be deemed late if delivered to the address of the office designated for receipt of offers after the date and time established for receipt of offers.

D. Offers transmitted through email shall be deemed late if received at the designated email address after the date and time established for receipt of offers unless it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals.

E. Offerors delivered through any means authorized by the RLP may be also deemed timely if there is acceptable evidence to establish that it was received at the Government installation designated for receipt of proposals and was under the Government’s control prior to the time set for receipt of proposals; or if it was the only proposal received.;

F. There will be no public opening of offers, and all offers will be confidential until the lease has been awarded. However, the Government may release proposals outside the Government such as to support contractors to assist in the evaluation of offers.

Such Government contractors shall be required to protect the data from unauthorized disclosure

3.03 PRICING TERMS (AUG 2011)

Offeror shall provide the following pricing information with its offer:

A. GSA Form 1364C, Proposal to Lease Space. Complete all sections of the 1364C, including, but not limited to:

1. A fully serviced lease rate per ABOA and RSF, clearly itemizing both the total building shell rental, and Tenant Improvement (TI) rate, Building Specific Amortized Security rate, Operating Costs, and Parking (itemizing all costs of parking above base local code requirements, or otherwise already included in shell rent).

mailto:LeShaundra.Greer@gsa.gov

RLP NO. 1AL2091 PAGE 9 GSA FORM R101C (DECEMBER 2011)

2. Improvements. All improvements in the base building, lobbies, common areas, and core areas shall be provided by the Lessor, at the Lessor’s expense. This building shell rental rate shall include, but is not limited to, property financing (exclusive of TIs), insurance, taxes, management, profit, etc., for the building. The building shell rental rate shall also include all basic building systems and common area buildout, including base building lobbies, common areas, core areas, etc., exclusive of the ABOA space offered as required in this RLP.

3. The annual cost per ABOA and rentable square foot (RSF) for the cost of services and utilities. This equals line 27 of GSA Form 1217, Lessor’s Annual Cost Statement, divided by the building size (shown on the top of both GSA Form 1364C, Proposal to Lease Space, and Form 1217) for ABOA and RSF, respectively.

4. The annual rent to amortize the Tenant Improvement Allowance (TIA). Such amortization shall be expressed as a cost per ABOA and RSF per year. This shall be all alterations for the Government-demised area above the building shell buildout. Such alterations shall be described and identified in the drawings used to construct the Government-demised area. The TIA, which is to be provided by the Lessor to the Government for TIs, shall be made available at lease execution. If the Lessor chooses to amortize the TI for a period exceeding the firm term of the lease, the Lessor shall indicate the extended time in the offer. If the Government terminates the lease after the firm term or does not otherwise renew or extend the term beyond the firm term, the Government shall not be liable for any unamortized tenant improvement costs resulting from an extended amortization period.

5. The annual rent to amortize the Building Specific Amortized Security costs, if any. Such amortization shall be expressed as a cost per ABOA and RSF per year. Refer to the lease security standards in the lease and the Building Security Unit Cost List.

6. A fully serviced lease rate per ABOA and RSF for that portion of the lease term extending beyond the firm term. The rate proposed for this portion of the term shall not reflect any TIs as they will have been fully amortized over the firm term.

7. An hourly overtime rate for overtime use of heating and cooling, and annual rate for areas requiring 24/7 HVAC. NOTE:

Refer to the lease document for additional guidance.

8. Adjustment for Vacant Leased Premises. NOTE: Refer to the lease document for additional guidance.

9. Offeror’s Fees for Tenant Improvements. Provide a listing of Offeror’s proposed project management fee and A/E design costs to prepare construction documents to complete the Tenant Improvements on form 1364C. State the basis for determining each component, (e.g. flat fee, cost per RSF, etc.). State any assumptions used to compute the dollar costs for each fee component.

10. Indicate any rent concessions being offered either on the GSA Form 1364C Proposal to Lease Space or in separate correspondence.

11. Compensation (expressed as either % or $) to Offeror’s broker and/or representative arising from an agreement between the Offeror and the Offeror’s representative, agent(s), broker(s), property manager, developer, employee, or any other agent or representative in connection with the lease contemplated hererin shall be entered in block 25.b., and if GSA is using a Tenant Representative Broker, compensation (expressed as either % or $) to GSA’s Broker reflecting the agreement between Offeror and GSA’s Broker, shall be entered in block 25.a.

B. Building Security Unit Price List.

C. GSA Form 3518, Representations and Certifications. NOTE: This must be completed and signed by the Owner, not a representative.

3.04 BUDGET SCOREKEEPING; OPERATING LEASE TREATMENT (APR 2011)

The Government will award a lease pursuant to this RLP only if the lease will score as an operating lease under Office of Management and Budget Circular A-11, Appendix B. Only offers that are compliant with operating lease limitations will be eligible for award. Offerors are obligated to provide supporting documentation at the request of the LCO to facilitate the Government’s determination in this regard.

3.05 PROSPECTUS LEASE (APR 2011)

3.06 BUILDING AND SITE INFORMATION (SEP 2011)

Offeror shall also submit with its offer the information concerning and documentation of the following:

A. Satisfactory evidence of at least a conditional commitment of funds in an amount necessary to prepare the space. Such commitments shall be signed by an authorized bank officer, or other legally authorized financing official, and at a minimum shall state: amount of loan, term in years, annual percentage rate, and length of loan commitment.

RLP NO. 1AL2091 PAGE 10 GSA FORM R101C (DECEMBER 2011)

B. Evidence that the property is zoned in compliance with local zoning laws, including evidence of variances, if any, approved by the proper local authority, or the offeror’s plan and schedule to obtain all necessary zoning approvals prior to performance if the same have not been received at the time of submission of offers.

C. Evidence of ownership or control of site. If the Offeror owns the property being offered or has a long-term leasehold interest, a title report dated within 3 months of the date of the offer, or other form of documentation satisfactory to the Contracting Officer evidencing the Offeror's stated interest in the property and any encumbrances on the property, shall be submitted.

D. If the Offeror does not yet have a vested interest in the property, but rather has a written agreement to acquire an interest, then the Offeror shall submit a fully executed copy of the written agreement with its offer, together with a statement from the current owner that the agreement is in full force and effect and that the Offeror has performed all conditions precedent to closing. These submittals must remain current. The Offeror is required to submit updated documents as needed.

E. If claiming an historic preference in accordance with the Historic Preference in RLP Section 2, Eligibility and Preferences for Award, Offeror must submit one of the following as documentation that the property is historic or the site of the offered property is within a historic district: a letter from the National Park Service stating that the property is listed in the National Register of Historic Places or eligible for listing, with a date of the listing/decision; a letter from the State Historic Preservation Office stating that the property is listed in the National Register of Historic Places, or on a statewide register, or eligible for inclusion, with a date of the listing/decision; or, the National Register of Historic Places Identification Number and date of listing available from the National Register of Historic Places Database found at www.nps.gov/nr.

F. If there is a potential for conflict of interest because of a single agent representing multiple owners, present evidence that the agent disclosed the multiple representation to each entity and has authorization from each ownership entity offering in response to this RLP package. Owners and agents in conflicting interest situations are advised to exercise due diligence with regard to ethics, independent pricing, and Government procurement integrity requirements. In such cases, the Government reserves the right to negotiate with the owner directly.

G. The Offeror must have an active registration in the Central Contractor Registration (CCR) System (via the Internet at HTTP://WWW.CCR.GOV) prior to submission of revised final proposals.

H. The Offeror must submit the Fire Protection and Life Safety (FPLS) Information in subparagraph A with its offer unless the building meets either exemption 2. or 3. below.

1. FPLS Submittals

a. Completed GSA Form 12000, Pre-lease Fire Protection and Life Safety Evaluation for an Office Building (Part A or PART B, as applicable).

b. A copy of the previous year’s fire alarm system maintenance record showing compliance with the requirements in NFPA 72 (if a system is installed in the building).

c. A copy of the previous year’s automatic fire sprinkler system maintenance record showing compliance with the requirements in NFPA 25 (if a system is installed in the building).

d. A valid building Certificate of Occupancy (C of O) issued by the local jurisdiction. If the building C of O is not available or the local jurisdiction does not issue a building C of O, a report prepared by a licensed fire protection engineer with their assessment of the offered space regarding compliance with all applicable local Fire Protection and Life Safety -related codes and ordinances.

2. If the space offered is 10,000 ABOA square feet or less in area and is located on the 1st floor of the building, Offeror is not required to submit to GSA the Fire Protection and Life Safety (FPLS) Information listed above.

3. If the Offeror provides a building certificate of occupancy obtained under any edition of the IBC, and the offered space meets or will meet all the requirements of the Lease with regard to Means of Egress, Automatic Fire Sprinkler System, and Fire Alarm System prior to occupancy, then Offeror is not required to submit to GSA the FPLS Information listed above.

I. For existing construction, submit either a certification or a commitment to deliver the space to the Government in accordance with the “Seismic Safety” paragraph of the RLP.

J. A copy of pre-lease building security plan addressing offer compliance with lease security standards found in the lease .

K. Provide the legal description of the property and tax ID number associated with the property, copies of prior year tax notices and prior year tax bills, as well as any other information (such as a fact sheet, 5” wide x 3” high or larger color photograph, site plan, location map, and tax parcel map) in case of multiple tax parcels for an offered building, and any other information that may affect the assessed value, in order for the Government to perform a complete and adequate analysis of the offered property.

The Offeror is to provide a detailed overview and documentation of any tax abatements on the property as outlined in Real Estate Tax Adjustment” paragraph of the lease.

L. A plan and short narrative as necessary to explain how the Offeror will meet the parking requirements

M. If the offered building is not a modern office building, provide the architectural plans for modernization.

http://www.ccr.gov_/

RLP NO. 1AL2091 PAGE 11 GSA FORM R101C (DECEMBER 2011)

N. If the offered building contains asbestos-containing materials, provide an asbestos management plan.

O. First generation plans of the entire floor or floors for which space is being offered, including a plan of the floor of exit discharge, scaled at 1/8" = 1'-0" (preferred) or of the offered building(s) must be provided.

1. All plans submitted for consideration shall include the locations of all exit stairs, elevators, and the space(s) being offered to the Government. In addition, where building exit stairs are interrupted or discontinued before the level of exit discharge, additional floor plans for the level(s) where exit stairs are interrupted or discontinued must also be provided.

2. All plans submitted for consideration shall have been generated by a Computer Aided Design (CAD) program which is compatible with the latest release of AutoCAD. The required file extension is .DWG. Clean and purged files shall be submitted on CD-ROM. Plans shall include a proposed corridor pattern for typical floors and/or partial floors. The CAD file showing the offered space should show the Poly-Line utilized to determine the square footage on a separate and unique layer. All submissions shall be accompanied with a written matrix indicating the layering standard to verify that all information is recoverable.

All architectural features of the space shall be accurately shown.

3. Photostatic copies are not acceptable. All architectural features of the space shall be accurately shown. If conversion or renovation of the building is planned, alterations to meet this RLP shall be indicated.

4. Plans shall reflect corridors in place or the proposed corridor pattern for both a typical full (single-tenant) floor and/or partial (multi-tenant) floor. The corridors in place or proposed corridors shall meet local code requirements for issuance of occupancy permits. If the offered space is above the first floor (or floor exiting at grade), provide plans for the first floor (or floor at grade) also.

5. GSA will review all plans submitted to determine if an acceptable level of safety is provided. In addition, GSA will review the common corridors in place and/or proposed corridor pattern to determine whether these achieve an acceptable level of safety as well as to verify that the corridors provide public access to all essential building elements. The Offeror will be advised of any adjustments that are required to the corridors for determining the ABOA space. The required corridors may or may not be defined by ceiling-high partitions. Actual corridors in the approved layout for the successful Offeror's space may differ from the corridors used in determining the ABOA square footage for the lease award. Additional egress corridors required by the tenant agency’s design intent drawings will not be deducted from the ABOA square footage that the most efficient corridor pattern would have yielded.

P. As provided in the “Amount and Type of Space and Lease Term” paragraph in the Statement of Requirements Section of the RLP, advise whether there are existing vending facilities in the offered building which have exclusive rights in the building.

Q. No later than the due date for final proposal revisions, the offeror must submit to the contracting officer:

1. Evidence of an Energy Star® label obtained within the 12 months prior to the due date of final proposal revisions,

2. Offerors falling under a statutory exception must also indicate by the due date for final proposal revisions what cost effective energy efficiency and conservation improvements they are proposing to make; and if no improvements are cost effective, the offeror shall so indicate and provide supporting evidence of the lack of any cost effective improvements,

3. If the offeror is claiming eligibility for additional time to obtain the Energy Star® label per subparagraph B of the RLP paragraph entitled “Energy Independence and Security Act,” then the offeror shall provide such indication with its initial offer and also must provide by the due date for final proposal revisions evidence substantiating their claim for additional time to obtain the Energy Star® label and substantiating their capability of earning the Energy Star®, or

4. For new construction, the offeror need not submit anything regarding compliance with EISA by the date of final proposal revisions, but shall be required to produce prior to the issuance of a permit for building construction a Statement of Energy Design Intent (SEDI) using Energy Star’s® Target Finder online tool reflecting an Energy Star® benchmark score of 75 or higher and a certification from EPA of being Designed to Earn the Energy Star®.

R. If the offered existing building will not have an ENERGY STAR® label by the date of final proposal revisions, then in accordance with one of the statutory exceptions listed in the “Energy Independence and Security Act” paragraph herein, a written statement addressing which energy efficiency and conservation improvements (per the Energy Independence and Security Act paragraph) can be made to the building must be submitted. If no cost-effective improvements can be made, the Offeror must demonstrate to the Government using the ENERGY STAR® Online Tools in the RLP paragraph, entitled “ENERGY INDEPENDENCE AND SECURITY ACT,” why no energy efficiency and conservation improvements are cost effective. This explanation will be subject to review by the LCO. If the explanation is considered unreasonable, the offer may be considered technically unacceptable.

3.07 TENANT IMPROVEMENTS INCLUDED IN OFFER (APR 2011)

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3.08 LEED FOR COMMERCIAL INTERIORS (LEED-CI).

3.09 OPERATING COSTS REQUIREMENTS INCLUDED IN OFFER (APR 2011)

The Government requires a fully serviced lease. The base for the operating costs adjustment will be established during negotiations based upon ABOA SF. The proposed methodology for operating costs adjustment shall include all items specified in the attached Lease document. The minimum requirements for normal hours, utilities, and janitorial services are specified in the attached Lease document. The offer shall clearly state whether the rental is firm throughout the term of the lease or if it is subject to annual adjustment of operating costs as indicated above. If operating costs will be subject to adjustment, those costs shall be specified in the proposal. Services, utilities, and maintenance shall be provided by the Offeror as part of the rental consideration.

3.10 INTENTIONALLY DELETED

RLP NO. 1AL2091 PAGE 13 GSA FORM R101C (DECEMBER 2011)

SECTION 4 METHOD OF AWARD

4.01 NEGOTIATIONS (AUG 2011)

Negotiations may be conducted on behalf of the Government by the GSA LCO or their designated representative. When negotiations are conducted, GSA will negotiate the rental price for the initial term, any renewal periods, and any other aspect of the offer as deemed necessary. The Offeror shall not enter into negotiations concerning the space leased or to be leased with representatives of Federal agencies other than the LCO or their designee. The LCO or their designated representative will conduct oral or written negotiations with all Offerors that are within the competitive range. The competitive range will be established by the LCO based on cost or price and other factors (if any) that are stated in this RLP and will include all of the most highly rated proposals, unless the range is further reduced for purposes of efficiency. Offerors who are not included in the competitive range will be notified in writing.

All Offerors within the competitive range will be provided a reasonable opportunity to submit revisions to their initial offer including any cost or price, technical, or other revisions that may result from the negotiations. Negotiations will be closed with submission of Final Proposal Revisions.

4.02 AWARD BASED ON PRICE (AUG 2011)

The Government reserves the right to make an award based upon initial offers. The lease will be awarded to the responsible Offeror whose offer conforms to the requirements of this RLP and the lease documents and is the lowest priced technically acceptable offer submitted. Refer to the "Price Evaluation (Present Value)" paragraph in this section of the RLP. If an offer contains terms taking exception to or modifying any Lease provision, the Government will not be under any obligation to award a Lease in response to that offer.

4.03 OTHER AWARD FACTORS (APR 2011)

4.04 PRESENT VALUE PRICE EVALUATION (JULY 2011)

A. If annual CPI adjustments in operating expenses are included, the Offeror shall be required to submit the offer with the total "gross" annual price per RSF and per ABOA SF and a breakout of the "base" price per RSF and ABOA SF for services and utilities (operating expenses) to be provided by the Lessor. The "gross" price shall include the "base" price. The base price per ABOA SF from which adjustments are made will be the base price for the term of the lease, including any option periods.

B. The Offeror must submit plans and any other information to demonstrate that the rentable space yields ABOA space within the required ABOA range. The Government will verify the amount of ABOA square footage and will convert the rentable prices offered to ABOA prices, which will subsequently be used in the price evaluation.

C. Evaluation of offered prices will be based on the annual price per ABOA SF, including all required option periods.