E FinalRLP.pdf
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- Solicitation number
- 2AK0195
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This document is a Request for Lease Proposals (RLP) issued by the General Services Administration (GSA) for approximately 60,000 square feet of land located within 10 minutes of the Skagway-Fraser border crossing in Skagway, Alaska. The Government seeks a 20-year lease with an initial 10-year firm term. The successful offeror must meet federal requirements for fire safety, accessibility, seismic, and sustainability standards. Offers are due by April 17, 2024, and will be evaluated on the basis of lowest price. The RLP includes provisions for HUBZone small business preferences, as well as requirements related to National Historic Preservation Act compliance and temporary "swing space" during renovations, if necessary. The contract will be awarded to the responsible offeror submitting the lowest priced, technically acceptable offer.
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GSA TEMPLATE R103 (10/23)
GSA REQUEST
FOR LEASE
PROPOSALS
NO. 2AK0195
SKAGWAY,
AK
Offers due by 04/17/2024
In order to be considered for award, offers conforming to the requirements of the RLP shall be received no later than 5pm Pacific 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 Basis 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.
SMALL RLP
TABLE OF CONTENTS
SECTION 1 - STATEMENT OF REQUIREMENTS
1.01 GENERAL INFORMATION (SMALL) (OCT 2023)
1.02 AMOUNT AND TYPE OF SPACE AND LEASE TERM (SLAT) (OCT 2020)
1.03 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL BUSINESS SIZE
STANDARD (OCT 2023)
SECTION 2 - SOLICITATION PROVISIONS
2.01 PARTIES TO EXECUTE LEASE (APR 2015)
2.02 FLOOD PLAINS (OCT 2022)
2.03 THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:
SECTION 3 - ELIGIBILITY AND PREFERENCES FOR AWARD
3.01 BASIS OF AWARD (OCT 2023)
3.02 INTENTIONALLY DELETED
3.03 INTENTIONALLY DELETED
3.04 HISTORIC PREFERENCE (SMALL) (SEP 2015)
3.05 INTENTIONALLY DELETED
3.06 NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS – RLP (SMALL) (OCT 2023)
3.07 HUBZONE SMALL BUSINESS CONCERN PRICE PREFERENCE WAIVER (SMALL) (OCT 2023)
SECTION 4 - HOW TO OFFER
4.01 RECEIPT OF LEASE PROPOSALS (SMALL) (OCT 2023)
4.02 PROPOSAL CONTENTS FOR SMALL LEASES (OCT 2023)
4.03 INTENTIONALLY DELETED
4.04 INTENTIONALLY DELETED
4.05 INTENTIONALLY DELETED
RLP NO. 2AK0195, PAGE 1 GSA TEMPLATE R103 (10/23)
SECTION 1 - STATEMENT OF REQUIREMENTS
1.01 GENERAL INFORMATION (SMALL) (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 Basis 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 are the GSA Form 3626 (U.S. GOVERNMENT LEASE FOR REAL PROPERTY (Short Form)) which serves as an offer form and lease contract award document Supplemental Lease Requirements document, and GSA 3517A, General Clauses.
C. The Offeror's executed GSA Form 3626 shall constitute a firm offer. No Lease shall be formed until the Lease Contracting Officer (LCO) executes the GSA Form 3626 and delivers a signed copy to the Offeror.
D. 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 GSA.
1.02 AMOUNT AND TYPE OF SPACE AND LEASE TERM (SLAT) (OCT 2020)
CITY, STATE SKAGWAY, AK
DELINEATED AREA LOCATED 10 MINS AWAY FROM THE SKAGWAY-FRASER BORDER
CROSSING
SPACE TYPE(S) LAND
SQ. FT. (ABOA) 60,000
RESERVED PARKING SPACES (TOTAL) 0
INITIAL FULL TERM 20 YEARS
TERMINATION RIGHTS 120 DAYS
INITIAL FIRM TERM 10 YEARS
1.03 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 at HTTPS://WWW.SBA.GOV/DOCUMENT/SUPPORT-TABLE-SIZE-
STANDARDS STANDARDS.
https://www.sba.gov/document/support-table-size-standards https://www.sba.gov/document/support-table-size-standards
RLP NO. 2AK0195, PAGE 2 GSA TEMPLATE R103 (10/23)
SECTION 2 - SOLICITATION PROVISIONS
2.01 PARTIES TO EXECUTE LEASE (APR 2015)
A. If the Lessor is an individual, that individual shall sign the lease. A lease with an individual doing business as a firm shall be signed by that individual, and the signature shall be followed by the individual's typed, stamped, or printed name and the words, “an individual doing business as _______________ .”
B. If the Lessor is a partnership, the lease must be signed in the partnership name, followed by the name of the legally authorized partner signing the same, and a copy of either the partnership agreement or current Certificate of Limited Partnership shall accompany the lease.
C. If the Lessor is a corporation, the lease must be signed in the corporate name, followed by the signature and title of the officer or other person signing the lease on its behalf, duly attested, and, if requested by the Government, evidence of this authority to so act shall be furnished.
D. If the Lessor is a joint venture, the lease must be signed by each participant in the joint venture in the manner prescribed in paragraphs (a) through (c) of this provision for each type of participant. When a corporation is participating in the joint venture, the corporation shall provide evidence that the corporation is authorized to participate in the joint venture.
E. If the lease is executed by an attorney, agent, or trustee on behalf of the Lessor, an authenticated copy of the power of attorney, or other evidence to act on behalf of the Lessor, must accompany the lease.
2.02 FLOOD PLAINS (OCT 2022)
A. A Lease will not be awarded for any offered Property located 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.
B. 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 THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:
A. 552.270-1 - INSTRUCTIONS TO OFFERORS – ACQUISITION OF LEASEHOLD INTERESTS IN REAL PROPERTY (JUN 2011) –
ALTERNATE II (MAR 1998)
B. 52.215-5 - FACSIMILE PROPOSALS (OCT 1997)
RLP NO. 2AK0195, PAGE 3 GSA TEMPLATE R103 (10/23)
SECTION 3 - ELIGIBILITY AND PREFERENCES FOR AWARD
3.01 BASIS OF AWARD (OCT 2023)
A. Lowest Price Technically Acceptable Approach. The Lease will be awarded to the responsible Offeror whose offer conforms to the requirements of this RLP and Lease documents and is the lowest priced technically acceptable offer submitted, based on the lowest price per square foot, according to the ANSI/BOMA Z65.1-2017 definition for Occupant Area, which means “the total aggregated area used by an Occupant before Load Factors are applied, consisting of Tenant Area and Tenant Ancillary Area.” The Method A – Multiple Load Factor Method shall apply.
B. Price evaluation will be based on the lowest price per square foot, according to the ANSI/BOMA Z65.1-2017 definition for Occupant Area, which means “the total aggregated area used by an Occupant before Load Factors are applied, consisting of Tenant Area and Tenant Ancillary Area.”
The Method A – Multiple Load Factor Method shall apply.
C. See FAR Clause 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns, as listed under the attached GSA 3517A, General Clauses.
D. 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.
3.02 INTENTIONALLY DELETED
3.03 INTENTIONALLY DELETED
3.04 HISTORIC PREFERENCE (SMALL) (SEP 2015)
The Government will give preference to offers of Space in Historic Properties and/or Historic Districts in accordance with GSAR 552.270-2 HISTORIC
PREFERENCE (SEPT 2004).
3.05 INTENTIONALLY DELETED
3.06 NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS – RLP (SMALL) (OCT 2023)
A. The Government is responsible for complying with section 106 of the National Historic Preservation Act of 1966, as amended, 54 U.S.C. § 306108 (Section 106). An Offeror must allow the Government access to the offered Property to conduct studies in furtherance of the Section 106 compliance.
B. If the Government determines that the leasing action could affect historic property, the Offeror of any Property that the Government determines could affect historic property will be required to retain, at its sole cost and expense, the services of a preservation architect who meets or exceeds the Secretary of the Interior’s Professional Qualifications Standards for Historic Architecture, as amended and annotated and previously published in the Code of Federal Regulations, 36 C.F.R. part 61, and the GSA’s Qualification Requirements for Preservation Architects. These standards are available at: HTTPS://WWW.GSA.GOV/REAL-ESTATE/HISTORIC-PRESERVATION/.
3.07 HUBZONE SMALL BUSINESS CONCERN PRICE PREFERENCE WAIVER (SMALL) (OCT 2023)
A HUBZone small business concern (SBC) Offeror may elect to waive the price evaluation preference provided in the “Basis of Award” paragraph. In such a case, no price evaluation preference shall apply to the evaluation of the HUBZone SBC.
https://www.gsa.gov/real-estate/historic-preservation/historic-preservation-policy-tools/preservation-tools-resources/proof-of-competency-other-documentation
RLP NO. 2AK0195, PAGE 4 GSA TEMPLATE R103 (10/23)
SECTION 4 - HOW TO OFFER
4.01 RECEIPT OF LEASE PROPOSALS (SMALL) (OCT 2023)
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 RLP 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 no later than 5:00pm Pacific Time on the date specified below at the following designated office and address, or email address:
Date: April 17, 2024
Email Address: chris.lewis@gsa.gov
C. INTENTIONALLY DELETED
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.
A. Offers 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.
B. 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.
4.02 PROPOSAL CONTENTS FOR SMALL LEASES (OCT 2023)
The proposal shall consist of the following documents:
DOCUMENT NAME OR DESCRIPTION
U.S. Government Lease For Real Property (Short Form) (GSA Form 3626), completed and signed by Offeror Supplemental Lease Requirements Security Requirements, initialed by Offeror Historic Property information and documentation, if applicable, per the Historic Preference paragraph Registration in the System for Award Management (SAM) prior to the Lease Award Date, including completion of all required representations and certifications. This registration service is free of charge.
Evidence of ownership or control of Building or site, including a copy of the Property deed Authorization from the ownership entity to submit an offer on the ownership entity’s behalf, if the offeror is not the owner of the Property Proof of signing authority (see GSA 3516A, Solicitation Provisions) FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
4.03 INTENTIONALLY DELETED
4.04 INTENTIONALLY DELETED
4.05 INTENTIONALLY DELETED
GSA Template 3516A PAGE 1 (REV 10/23)
SOLICITATION PROVISIONS
(For Simplified Acquisition of Leasehold Interests in Real Property)
1. 552.270-1 - INSTRUCTIONS TO OFFERORS – ACQUISITION OF LEASEHOLD INTERESTS IN
REAL PROPERTY (JUN 2011) – ALTERNATE II (MAR 1998)
(a) Definitions. As used in this provision—
“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.
“In writing, writing or written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.
“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.
“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.
“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.
(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).
(c) Submission, modification, revision, and withdrawal of proposals.
(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages Offers must be:
(i) Submitted on the forms prescribed and furnished by the Government as a part of this solicitation or on copies of those forms, and
(ii) Signed. The person signing an offer must initial each erasure or change appearing on any offer form. If the offeror is a partnership, the names of the partners composing the firm must be included with the offer.
(2) Late proposals and revisions.
(i) The Government will not consider any proposal received at the office designated in the solicitation after the exact time specified for receipt of offers unless it is received before the Government makes award and it meets at least one of the following conditions:
(A) It was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th).
(B) It was sent by mail (or telegram or facsimile, if authorized) or hand-carried (including delivery by a commercial carrier) if it is determined by the Government that the late receipt was due primarily to Government mishandling after receipt at the Government installation.
(C) It was sent by U.S. Postal Service Express Mail Next Day Service-Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term “working days” excludes weekends and U.S. Federal holidays.
(D) It was transmitted through an electronic commerce method authorized by the solicitation and 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) There is acceptable evidence to establish that it was received at the activity designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers, and
GSA Template 3516A PAGE 2 (REV 10/23) that the Contracting Officer determines that accepting the late offer would not unduly delay the procurement.
(F) It is the only proposal received.
(ii) Any modification or revision of a proposal or response to request for information, including any final proposal revision, is subject to the same conditions as in paragraphs (c)(2)(i)(A) through (c)(2)(i)(E) of this provision.
(iii) The only acceptable evidence to establish the date of mailing of a late proposal or modification or revision sent either by registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the proposal, response to a request for information, or modification or revision shall be processed as if mailed late. “Postmark” means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, offerors or respondents should request the postal clerk to place a legible hand cancellation bull’s eye postmark on both the receipt and the envelope or wrapper.
(iv) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(v) The only acceptable evidence to establish the date of mailing of a late offer, modification or revision, or withdrawal sent by Express Mail Next Day Service-Post Office to Addressee is the date entered by the post office receiving clerk on the “Express Mail Next Day Service-Post Office to Addressee” label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service. “Postmark” has the same meaning as defined in paragraph (c)(2)(iii) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, offerors or respondents should request the postal clerk to place a legible hand cancellation bull’s eye postmark on both the receipt and the envelope or wrapper.
(vi) Notwithstanding paragraph (c)(2)(i) of this provision, a late modification or revision of an otherwise successful proposal that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.
(vii) An offeror may withdraw its proposal by written notice or telegram (including mailgram) received at any time before award. If the solicitation authorizes facsimile proposals, an offeror may withdraw its proposal via facsimile received at any time before award, subject to the conditions specified in the provision entitled “Facsimile Proposals.” Proposals may be withdrawn in person by an offeror or an authorized representative, if the representative’s identity is made known and the representative signs a receipt for the proposal before award.
(viii) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office.
(3) Any information given to a prospective offeror concerning this solicitation will be furnished promptly to all other prospective offerors, if that information is necessary in submitting offers or if the lack of it would be prejudicial to any other prospective offeror.
(4) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.
(5) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.
(6) The Government will construe an offer to be in full and complete compliance with this solicitation unless the offer describes any deviation in the offer.
GSA Template 3516A PAGE 3 (REV 10/23)
(7) Offerors may submit proposals that depart from stated requirements. Such a proposal shall clearly identify why the acceptance of the proposal would be advantageous to the Government. The proposal must clearly identify and explicitly define any deviations from the terms and conditions of the solicitation, as well as the comparative advantage to the Government. The Government reserves the right to amend the solicitation to allow all offerors an opportunity to submit revised proposals based on the revised requirements.
(d) Restriction on disclosure and use of data. An offeror that includes in its proposal data that it does not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must meet both of the following conditions:
(1) Mark the title page with the following legend:
This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal.
If, however, a lease is awarded to this offeror as a result of—or in connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets].
(2) Mark each sheet of data it wishes to restrict with the following legend:
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.
(e) Lease award.
(1) The Government intends to award a lease resulting from this solicitation to the responsible offeror whose proposal represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.
(2) The Government may reject any or all proposals if such action is in the Government’s interest.
(3) The Government may waive informalities and minor irregularities in proposals received.
(4) 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 proposals.
(5) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.
(6) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.
(7) ) The execution and delivery of the Lease contract by the Government establishes a valid award and contract.
GSA Template 3516A PAGE 4 (REV 10/23)
(8) The Government may disclose the following information in postaward debriefings to other offerors:
(i) The overall evaluated cost or price and technical rating of the successful offeror;
(ii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection; and
(iii) A summary of the rationale for award.
(f) Paperwork collection. The information collection requirements contained in this solicitation/contract are either required by regulation or approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned OMB Control No. 3090-0163.
2. 552.270-3 PARTIES TO EXECUTE LEASE (JUN 2011)
(a) If the lessor is an individual, that individual shall sign the lease. A lease with an individual doing business as a firm shall be signed by that individual, and the signature shall be followed by the individual's typed, stamped, or printed name and the words, “an individual doing business as _______________ [insert name of firm].”
(b) If the Lessor is a partnership, the lease must be signed in the partnership name, followed by the name of the legally authorized partner signing the same, and a copy of either the partnership agreement or current Certificate of Limited Partnership shall accompany the lease.
(c) If the Lessor is a corporation, the lease must be signed in the corporate name, followed by the signature and title of the officer or other person signing the lease on its behalf, duly attested, and, if requested by the Government, evidence of this authority to so act shall be furnished.
d) If the Lessor is a joint venture, the lease must be signed by each participant in the joint venture in the manner prescribed in paragraphs (a) through (c) of this provision for each type of participant. When a corporation is participating in the joint venture, the corporation shall provide evidence that the corporation is authorized to participate in the joint venture.
(e) If the lease is executed by an attorney, agent, or trustee on behalf of the Lessor, an authenticated copy of the power of attorney, or other evidence to act on behalf of the Lessor, must accompany the lease.
3. 52.215-5 - FACSIMILE PROPOSALS (OCT 1997)
(a) Definition. "Facsimile proposal," as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.
(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.
(c) The telephone number of receiving facsimile equipment is: [insert telephone number].
(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document--
(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;
(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and
(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.
GSA Template 3516A PAGE 5 (REV 10/23)
(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.
4. FLOOD PLAINS (JUN 2012)
A Lease will not be awarded 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 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 LCO may, in his or her sole discretion, determine that the offered Property does not adequately avoid development in a 100-year floodplain.
5. 552.270-35 SYSTEM FOR AWARD MANAGEMENT – LEASING (JUL 2021)
(a) Definitions. As used in this provision—
“Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier.
The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
“Registered in the System for Award Management (SAM)” means that–
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into
SAM
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record “Active”.
“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b)
(1) An Offeror is required to be registered in SAM prior to award, and shall continue to be registered during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company physical street address, city, state, and Zip Code.t
(4) Company mailing address, city, state and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting relationship within your entity).
https://www.acquisition.gov/content/part-32-contract-financing#i1080713 https://www.acquisition.gov/content/part-32-contract-financing#i1080713 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121746 http://www.sam.gov/ http://www.sam.gov/
GSA Template 3516A PAGE 6 (REV 10/23)
(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation.
See https://www.sam.gov for information on registration.
6. 52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016)
This provision is incorporated by reference.
GENERAL SERVICES ADMINISTRATION GSA FORM 3626 (REV 10/21)
U.S. GOVERNMENT LEASE FOR REAL PROPERTY
(Short Form)
1a. LEASE NUMBER
GS-10P-LAK00468
1b. BUILDING NUMBER
AK3418
PART I - OFFER (Offeror completes Section A, C and D; Government shall complete Section B)
NOTE: All offers are subject to the terms and conditions outlined in Request for Lease Proposals No. 2AK0195, Supplemental Lease Requirements document, General Clauses (GSA Form 3517A), and any other attachments included herein.
A. LOCATION AND DESCRIPTION OF PREMISES OFFERED FOR LEASE BY GOVERNMENT
1. NAME AND ADDRESS OF
BUILDING (Include nine-digit ZIP Code)
2. LOCATION(S) IN BUILDING
8 Building Sites
Mile Post 1.5 Klondike Hwy
Skagway, AK 99840-9800
2a. FLOOR(S)
N/A
2b. ROOM NUMBER(S)
N/A
2c. SQ. FT.
RENTABLE 60,000
ABOA 60,000
Common Area Factor
1.00
2d. TYPE
GENERAL OFFICE
WAREHOUSE
OTHER (Specify) Land
B. TERM
3a. To have and to hold the said Premises with its appurtenances for the term beginning June 1, 2024 through May 31, 2044 subject to termination are hereinafter set forth.
3b. The Government may terminate this Lease, in whole or in parts, at any time effective after May 31, 2034 of this Lease, by providing not less than 120 days prior written notice to the Lessor. The effective date of the termination shall be the day following the expiration of the required notice period or the termination date set forth in the notice, whichever is later. No rental shall accrue after the effective date of termination.
3c. INTENTIONALLY DELETED
C. RENTAL
4. Rent shall be payable in arrears and will be due on the first workday of each month. When the date for commencement of the lease falls after the 15th day of the month, the initial rental payment shall be due on the first workday of the second month following the commencement date. Rent for a period of less than a month shall be prorated. Rent shall not be adjusted for changes in real estate taxes or operating costs.
5a. AMOUNT OF ANNUAL RENT 5b. RATE PER MONTH
RENTAL RATE BREAKDOWN June 1, 2024 – May 31, 2034
($/RSF/YEAR)
June 1, 2034 – May 31, 2044
($/RSF/YEAR)
RENEWAL TERM
($/RSF/YEAR)
6. BUILDING SHELL RENT
(INCL. REAL ESTATE TAXES)
6a. $ 6b. Same as 6a 6c. N/A
7. OPERATING RENT 7a. $ 7b. Same as 7a 7b. N/A
10. TOTAL RENT 10a. $ 10b. $ 10c. N/A
11. INTENTIONALLY DELETED 12. INTENTIONALLY DELETED
13. INTENTIONALLY DELETED 14. ADJUSTMENT FOR VACANT PREMISES RATE ($/ABOA
SF/YEAR) $
D. OWNER IDENTIFICATION AND CERTIFICATION
15. RECORDED OWNER
15a. Name 15b. Unique Entity Identifier (UEI)
GENERAL SERVICES ADMINISTRATION GSA FORM 3626 (REV 10/21)
15c. Address
15d. City
15e. State
15f. ZIP + 4
16. BY SUBMITTING THIS OFFER, THE OFFEROR AGREES UPON ACCEPTANCE OF THIS PROPOSAL BY HEREIN SPECIFIED DATE, TO LEASE TO THE UNITED STATES OF AMERICA, THE PREMISES DESCRIBED, UPON THE TERMS AND CONDITIONS AS SPECIFIED HEREIN, IN FULL COMPLIANCE WITH AND ACCEPTANCE OF THE AFOREMENTIONED RLP, WITH ATTACHMENTS.
I have read the RLP with attachments in its entirety and am requesting no deviations
17. OFFEROR’S INTEREST IN PROPERTY
OWNER AUTHORIZED AGENT OTHER (Specify)
18. OFFEROR Check if same as Recorded Owner 18a. NAME
18b. ADDRESS
18c. CITY
18d. STATE
18e. ZIP + 4
18f. Title
18g. E-mail address
18h. Telephone Number
18i. OFFEROR’S SIGNATURE
18j. DATE SIGNED
PART II - AWARD (To be completed by Government)
1. Your offer is hereby accepted. This award consummates the Lease, which consists of the following attached documents: (a) this GSA Form 3626,
(b) Supplemental Lease Requirements, (c) Security Requirements, (d) Site Plan, (f) GSA Form 3517A, and General Clauses (Acquisition of Leasehold Interests in Real Property for Small Leases), changes or additions made or agreed to by you (for example, energy efficiency and conservation improvements, ABAAS upgrades, Seismic Form C - Building Retrofit or New Construction Pre-Award Commitment (if applicable)):
2. THIS DOCUMENT IS NOT BINDING ON THE GOVERNMENT OF THE UNITED STATES OF AMERICA UNLESS SIGNED BELOW BY
AUTHORIZED LEASE CONTRACTING OFFICER.
3a. NAME OF LEASE CONTRACTING OFFICER (Type or Print)
3b. SIGNATURE OF LEASE
CONTRACTING OFFICER
3c. DATE
LEASE NO. GS-10P-LAK00468, PAGE 1 LESSOR: ________ GOVERNMENT: ________ SUPPLEMENTAL LEASE
REQUIREMENTS
REV (10/2023)
TABLE OF CONTENTS – SUPPLEMENTAL LEASE REQUIREMENTS
SECTION 1 GENERAL TERMS, CONDITIONS, AND STANDARDS
1.01 DEFINITIONS AND GENERAL TERMS (SMALL) (OCT 2023)
1.02 INTENTIONALLY DELETED
1.03 AUTHORIZED REPRESENTATIVES (OCT 2016)
1.04 WAIVER OF RESTORATION (OCT 2023)
1.05 NOVATION AND CHANGE OF OWNERSHIP (SMALL) (OCT 2016)
1.06 INTENTIONALLY DELETED
1.07 ADJUSTMENT FOR VACANT PREMISES (SMALL) (OCT 2022)
1.08 ENTITY NAME (OCT 2023)
SECTION 2 INTENTIONALLY DELETED
SECTION 3 INTENTIONALLY DELETED
SECTION 4 INTENTIONALLY DELETED
SECTION 5 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM
5.01 INTENTIONALLY DELETED
5.02 UTILITIES (SMALL) (OCT 2022)
5.03 INTENTIONALLY DELETED
5.04 INTENTIONALLY DELETED
5.05 INTENTIONALLY DELETED
5.06 INTENTIONALLY DELETED
5.07 IDENTITY VERIFICATION OF PERSONNEL (OCT 2022)
5.08 RANDOLPH-SHEPPARD COMPLIANCE (SMALL) (SEP 2015)
5.09 INTENTIONALLY DELETED
5.10 INTENTIONALLY DELETED
5.11 INTENTIONALLY DELETED
5.12 INTENTIONALLY DELETED
5.13 INTENTIONALLY DELETED
5.14 OCCUPANT EMERGENCY PLANS (OCT 2020)
SECTION 6 ADDITIONAL TERMS AND CONDITIONS
6.01 SECURITY REQUIREMENTS (SMALL) (OCT 2019)
6.02 INTENTIONALLY DELETED
6.03 RENTAL CONSIDERATION FOR SMALL LEASES (OCT 2019)
6.04 INTENTIONALLY DELETED
6.05 INTENTIONALLY DELETED
LEASE NO. GS-10P-LAK00468, PAGE 2 LESSOR: ________ GOVERNMENT: ________ SUPPLEMENTAL LEASE
SECTION 1 GENERAL TERMS, CONDITIONS, AND STANDARDS
1.01 DEFINITIONS AND GENERAL TERMS (SMALL) (OCT 2023)
Unless otherwise specifically noted, all terms and conditions set forth in this Lease shall be interpreted by reference to the following definitions, standards, and formulas:
A. Real Property Terms.
1. “ANSI/BOMA” is an acronym for American National Standards Institute/Building Owners and Managers Association.
2. “ANSI/BOMA Occupant Area” or “ABOA” means the measurement standard (Z65.1-2017) provided by ANSI/BOMA for Occupant Area, which is “the total aggregated area used by an Occupant before Load Factors are applied, consisting of Tenant Area and Tenant Ancillary Area.” The Method A – Multiple Load Factor Method shall apply.
3. “Common Area Factor (CAF)” means a conversion factor determined and applied by the building owner to determine the rentable square feet for the leased space. The CAF is expressed as a percentage of the difference between the amount of rentable square feet (SF) and ABOA SF, divided by the ABOA SF. The CAF shall be determined in accordance with the applicable ANSI/BOMA standard for the type of space to which the CAF shall apply.
4. “Rentable Space or Rentable Square Feet (RSF)” means the area for which a tenant is charged rent. It is determined by the building owner and may vary by city or by building within the same city. Rentable space may include a share of common areas such as elevator lobbies, building corridors, and floor service areas. Floor service areas typically include restrooms, janitor rooms, telephone closets, electrical closets, and mechanical rooms. Rentable space does not include vertical building penetrations and their enclosing walls, such as stairs, elevator shafts, and vertical ducts. To determine the RSF, the ABOA SF is multiplied by the sum of one (1) plus the CAF, for each type of space included in the premises.
5. “Space” means that part of the premises to which the Government has exclusive use, such as occupant area, or other types of space.
Appurtenant areas (e.g., parking areas) to which the Government has rights under the lease are not included in the space.
1.02 INTENTIONALLY DELETED
1.03 AUTHORIZED REPRESENTATIVES (OCT 2016)
Signatories to this Lease shall have full authority to bind their respective principals with regard to all matters relating to this Lease. No other persons shall be understood to have any authority to bind their respective principals except to the extent that such authority may be explicitly delegated by notice to the other party, or to the extent that such authority is transferred by succession of interest. The Government shall have the right to substitute its Lease Contracting Officer (LCO) by notice without an express delegation by the prior LCO.
1.04 WAIVER OF RESTORATION (OCT 2023)
Lessor shall have no right to require the Government to restore the Premises upon expiration or earlier termination (full or partial) of the Lease, and waives all claims against the Government for:
A. Waste, or, B. Damages or restoration arising from or related to:
1. The Government's normal and customary use of the Premises during the term of the Lease (including any extensions thereof), as well as
2. Any initial or subsequent alteration to the Premises regardless of whether such alterations are performed by the Lessor or by the
Government.
At its sole option, the Government may abandon property in the Space following expiration or earlier termination (full or partial) of the Lease, in which case the property will become the property of the Lessor, and the Government will be relieved of any liability in connection therewith.
1.05 NOVATION AND CHANGE OF OWNERSHIP (SMALL) (OCT 2016)
Consistent with GSAM 570.115, in the event of a transfer of ownership of the leased premises or a change in the Lessor’s legal name, FAR 42.12 applies.
1.06 INTENTIONALLY DELETED
1.07 ADJUSTMENT FOR VACANT PREMISES (SMALL) (OCT 2022)
LEASE NO. GS-10P-LAK00468, PAGE 3 LESSOR: ________ GOVERNMENT: ________ SUPPLEMENTAL LEASE
If the Government fails to occupy any portion of the leased Premises or vacates the Premises in whole or in part prior to expiration of the term of the Lease, the operating costs paid by the Government as part of the rent rental rate shall be reduced using the “Adjustment for Vacant Premises Rate” specified on GSA Form 3626 of this Lease. This reduction shall occur after the Government gives 30 calendar days’ prior notice to the Lessor and shall continue in effect until the Lease expires or is terminated.
1.08 ENTITY NAME (OCT 2023)
Lessor may not use Federal agency name(s) and/or acronym(s), e.g., General Services Administration, GSA, in its entity name that owns and/or leases Space to GSA.
LEASE NO. GS-10P-LAK00468, PAGE 4 LESSOR: ________ GOVERNMENT: ________ SUPPLEMENTAL LEASE
SECTION 2 INTENTIONALLY DELETED
LEASE NO. GS-10P-LAK00468, PAGE 5 LESSOR: ________ GOVERNMENT: ________ SUPPLEMENTAL LEASE
SECTION 3 INTENTIONALLY DELETED
LEASE NO. GS-10P-LAK00468, PAGE 6 LESSOR: ________ GOVERNMENT: ________ SUPPLEMENTAL LEASE
SECTION 4 INTENTIONALLY DELETED
LEASE NO. GS-10P-LAK00468, PAGE 7 LESSOR: ________ GOVERNMENT: ________ SUPPLEMENTAL LEASE
SECTION 5 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM
5.01 INTENTIONALLY DELETED
5.02 UTILITIES (SMALL) (OCT 2022)
The Lessor is responsible for providing all utilities necessary for base Building and tenant operations as part of the rental consideration.
5.03 INTENTIONALLY DELETED
5.04 INTENTIONALLY DELETED
5.05 INTENTIONALLY DELETED
5.06 INTENTIONALLY DELETED
5.07 IDENTITY VERIFICATION OF PERSONNEL (OCT 2022)
A. The Government reserves the right to verify identities of personnel with routine and/or unaccompanied access to the Government's Space, including both pre and post occupancy periods. The Lessor shall comply with GSA personal identity verification requirements, identified in the GSA Order 2181.1 GSA HSPD-12 Personal Identity Verification and Credentialing Handbook. The Lessor can find the policy and additional information at HTTP://WWW.GSA.GOV/HSPD12. This policy requires the Government to conduct background investigations and make HSPD- 12 compliant suitability determinations for all persons with routine or unaccompanied access to Government leased Space. By definition, this includes at a minimum each employee of the Lessor, as well as employees of the Lessor's contractors or subcontractors who will provide building operating services requiring routine access to the Government’s leased Space for a period greater than 6 months. The Government may also require this information for the Lessor's employees, contractors, or subcontractors who will be engaged to perform alterations or emergency repairs in the Government’s Space.
B. Application Process: The background investigation will be done using the Government's prescribed process. The Lessor must provide information on each of their contractor/personnel meeting the above criteria to the Government, whereupon each identified contractor/personnel will be notified with instructions for completing the identity verification application within a given time frame. The application process will include completing supplemental information forms that must be inputted into the identity verification system in order for the application to be considered complete. Additionally, the Lessor must ensure prompt completion of the fingerprint process for their contractor/personnel. Email notifications will be sent with instructions on the steps to be taken to schedule an appointment for fingerprinting at an approved regional location along with instructions on how to complete the background investigation application.
C. The Lessor must ensure the Lease Contracting Officer (or the Lease Contracting Officer's designated representative) has all of the requested documentation timely to ensure the completion of the investigation.
D. Based on the information furnished, the Government will conduct background investigations. The Lease Contracting Officer will advise the Lessor in writing if a person fails the investigation, and, effective immediately, that person will no longer be allowed to work or be assigned to work in the Government’s Space.
E. Throughout the life of the Lease, the Lessor shall provide the same data for any new employees, contractors, or subcontractors who will be assigned to the Government’s Space in accordance with the above criteria. All Lessor's contractor(s) and subcontractor(s) shall follow the requirements of background investigation in accordance with GSA HSPD-12 policy.
F. The Lessor is accountable for not allowing contractors to start work without the successful completion of the appropriate background investigation as required by GSA policy.
G. Access Card Retrieval/Return: Upon an Entry on Duty notification, the Government will issue a Personal Identity Verification (PIV) credential that is sometimes referred to as a GSA Access card. Lessors are responsible for all PIV credential issued to their contractors/personnel pursuant to this Lease. Lessors are specifically responsible for ensuring that all GSA PIV access cards are returned to the Lease Contracting Officer or their designee whenever their employees or a contractor no longer require access to the Space (such as when no longer needed for contract performance, upon completion of the Contractor employee’s employment, and upon contract completion or termination). Additionally, the Lessor must notify the Lease Contracting Officer or their designee whenever a GSA PIV Access card is lost or stolen in which event the Lessor may be responsible for reimbursing the Government for replacement credentials at the current cost per PIV HSPD12 credential. Unreturned PIV Access cards will be considered as lost or stolen cards.
H. The Government reserves the right to conduct additional background checks on Lessor personnel and contractors with routine access to
Government leased Space throughout the term of the Lease to determine who may have access to the Premises.
I. The Lease Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these…
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