2AZ0357 24-REG09_AAAP RLP (2).pdf

GSA REQUEST

FOR LEASE

PROPOSALS

NO. 24-REG09

Pacific Rim Region

Offers due by end of an

Open Period

To be considered an offer must be submitted by the end of the Open Period which will typically be the 1st through 7th of each month, as advertised on the System for Award Management (SAM) (HTTPS://SAM.GOV/) or the Automated Advanced Acquisition Platform (AAAP) website (HTTPS://LEASING.GSA.GOV), ending at 7:30 PM (ET) on the 7th of the month, unless otherwise stated by the Government and unless the 7th falls on a weekend or Federal Holiday. If the 7th falls on a weekend or Federal Holiday, the Open Period will end at 7:30 PM (ET) on the next business day. Offers must be submitted no later than 7:30 PM (ET) on the Offer Due Date. The Government, at its discretion, may modify the time and frequency of the Open Period.

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

The information collection requirements contained in this Solicitation/Contract, that are not required by the 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.

AAAP GLOBAL RLP

GSA R100_AAAP (10/23)

https://sam.gov/

RLP TABLE OF CONTENTS GSA R100_AAAP (10/23)

TABLE OF CONTENTS

SECTION 1 STATEMENT OF REQUIREMENTS

1.01 GENERAL INFORMATION (AAAP VARIATION (OCT 2023))

1.02 AMOUNT AND TYPE OF SPACE, LEASE TERM (AAAP VARIATION (OCT 2022))

1.03 AREA OF CONSIDERATION (AAAP VARIATION (OCT 2021))

1.04 NEIGHBORHOOD, PARKING, LOCATION AMENITIES, AND PUBLIC TRANSPORTATION (AAAP VARIATION

(OCT 2021))

1.05 LIST OF RLP DOCUMENTS (AAAP VARIATION (OCT 2023))

1.06 AMENDMENTS TO THE RLP (AAAP VARIATION (JUN 2012))

1.07 LEASE DESCRIPTION (AAAP VARIATION (OCT 2023))

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

1.09 PRICING OF SECURITY REQUIREMENTS (AAAP VARIATION (OCT 2022))

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

1.11 AUTHORIZED REPRESENTATIVES (AAAP VARIATION (OCT 2021))

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

STANDARD (OCT 2023)

SECTION 2 ELIGIBILITY AND PREFERENCES FOR AWARD

2.01 EFFICIENCY OF LAYOUT (AAAP VARIATION (OCT 2016))

2.02 FLOOD PLAINS (OCT 2022)

2.03 SEISMIC SAFETY – LOW, MODERATE OR HIGH SEISMICITY (AAAP VARIATION (OCT 2023))

2.04 HISTORIC PREFERENCE (AAAP VARIATION (OCT 2017))

2.05 ASBESTOS (OCT 2023)

2.06 ACCESSIBILITY (AAAP VARIATION (OCT 2016))

2.07 FIRE PROTECTION AND LIFE SAFETY (SEP 2013)

2.08 ENERGY INDEPENDENCE AND SECURITY ACT (AAAP VARIATION (OCT 2023))

2.09 ENVIRONMENTAL CONSIDERATIONS (AAAP VARIATION (OCT 2016))

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

2.11 NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS – RLP (AAAP VARIATION (OCT 2023))

SECTION 3 HOW TO OFFER

3.01 GENERAL INSTRUCTIONS (AAAP VARIATION (OCT 2023))

3.02 OFFER PROCEDURES (AAAP VARIATION (OCT 2022))

3.03 PRICING TERMS (AAAP VARIATION (OCT 2022))

3.04 BUDGET SCOREKEEPING; OPERATING LEASE TREATMENT (APR 2011)

3.05 PROSPECTUS LEASE (AAAP VARIATION (OCT 2021))

3.06 ADDITIONAL SUBMITTALS (AAAP VARIATION (OCT 2021))

RLP TABLE OF CONTENTS GSA R100_AAAP (10/23)

3.07 TENANT IMPROVEMENTS INCLUDED IN OFFER (AAAP VARIATION (OCT 2021))

3.08 SECURITY IMPROVEMENTS INCLUDED IN OFFER (AAAP VARIATION (OCT 2022))

3.09 OPERATING COSTS REQUIREMENTS INCLUDED IN OFFER (AAAP VARIATION (JUN 2013))

3.10 AAAP BUILDING TOUR (OCT 2017)

SECTION 4 METHOD OF AWARD

4.01 EXCHANGES (AAAP VARIATION (OCT 2017))

4.02 HUBZONE SMALL BUSINESS CONCERN PRICE PREFRENCE WAIVER (AAAP VARIATION (OCT 2023))

4.03 AWARD BASED ON PRICE (AAAP VARIATION (OCT 2023))

4.04 PRESENT VALUE PRICE EVALUATION (AAAP VARIATION (OCT 2022))

4.05 AWARD (AAAP VARIATION (OCT 2023))

SECTION 5 ADDITIONAL TERMS AND CONDITIONS

RLP NO. 24-REG09, PAGE 1 GSA R100_AAAP (10/23)

REQUEST FOR LEASE

PROPOSALS NO. 24-REG09

GLOBAL RLP GSA TEMPLATE R100_AAAP

(OCTOBER 2023)

SECTION 1 STATEMENT OF REQUIREMENTS

1.01 GENERAL INFORMATION (AAAP VARIATION (OCT 2023))

A. This Request for Lease Proposals (RLP) sets forth instructions and requirements for proposals for a Lease described in the

RLP documents. The Government will evaluate proposals conforming to the RLP requirements in accordance with the Method of Award set forth below to select an Offeror for award. The Government will award the Lease to the selected Offeror, subject to the conditions below.

B. Included in the RLP documents is a lease template (GSA TEMPLATE L100_AAAP) setting forth the terms and conditions of the Lease contemplated by this RLP and a GSA Proposal to Lease Space (GSA Form 1364 AAAP) on which Offeror shall submit, through inputs in the AAAP application, its offered rent and other price data, together with required information and submissions. The Lease paragraph titled “Definitions and General Terms” shall apply to the terms of this RLP.

C. Upon selection for award, GSA will transcribe the successful Offeror’s final offered rent and other price data included on the

GSA Form 1364 AAAP into the lease, and transmit the completed Lease, including any appropriate attachments, to the successful Offeror for execution. Neither the RLP nor any other part of an Offeror’s proposal shall be part of the Lease except to the extent expressly incorporated therein. The Offeror should review the completed Lease for accuracy and consistency with his or her proposal, sign and date the first page, initial each subsequent page of the Lease, and return it to the Lease Contracting Officer (LCO).

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

E. Definitions. For the purpose of this RLP:

1. “Final proposal revisions” shall mean submitted offers in the AAAP Application at the end of the “Open Period,” which is described under the paragraph OFFER PROCEDURES (AAAP VARIATION).

2. “Open Period” shall mean the period of time during which an Offeror may submit an offer within the AAAP application.

F. 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, LEASE TERM (AAAP VARIATION (OCT 2022))

A. The Offeror should submit the total amount of space available for lease in the Offeror’s building(s) in American National

Standards Institute/Building Owners and Managers Association (ANSI/BOMA) Occupant Area (ABOA) square feet (SF) within the Area of Consideration set forth below. See Section 2 of the Lease for applicable ANSI/BOMA standards.

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. 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. If the Government requires reserved parking spaces for the exclusive use of the Government, these spaces must be under the control of the Lessor, secured, and lit in accordance with the Security Requirements set forth in the Lease. If parking is available onsite, the Offeror shall not propose and the Government will not consider offsite parking accommodations. Offeror shall include the cost of this parking as part of the rental consideration, priced separately from the shell rent.

D. As part of the rental consideration, the Government may require use of part of the Building roof for the installation of antenna(s).

E. If the resulting lease is for 100 or more occupants or is 15,000 RSF or above, approximately 250 ABOA SF will be used for the operation of a vending facility under the provisions of the Randolph-Sheppard Act (20 USC 107 et. seq.). If the resulting lease is for less than 100 occupants and is less than 15,000 RSF, the Government may provide vending machines within the Government's leased area. If the Government chooses to provide vending facilities, the Government will control the number, kind, and locations of vending facilities and will control and receive income from all automatic vending machines. Offeror shall provide necessary utilities and make related alterations. The cost of the improvements is part of Tenant Improvement (TI) costs. The Government will not compete with other facilities having exclusive rights in the Building. The Offeror shall advise the Government if such rights exist.

RLP NO. 24-REG09, PAGE 2 GSA R100_AAAP (10/23)

F. The lease term, at the Government’s election, is for:

1. 17 years, 15 years firm, with Government termination rights, in whole or in parts, effective at any time after the Firm Term of the Lease by providing not less than 120 days’ prior written notice, or

2. 15 years, 13 years firm, with Government termination rights, in whole or in parts, effective at any time after the Firm

Term of the Lease by providing not less than 120 days’ prior written notice, or

3. 10 years, 8 years firm, with Government termination rights, in whole or in parts, effective at any time after the Firm Term of the Lease by providing not less than 120 days’ prior written notice.

All the terms and conditions contained herein shall prevail throughout the term of the Lease.

G. UNIQUE AAAP REQUIREMENTS

1. This RLP reflects an open procurement. Individual space requirements will be filled against offers provided under the AAAP application. The Government reserves the right to make multiple lease awards under this RLP. For additional information, please refer to the AAAP Help resources on the Leasing Portal website.

2. Offerors must submit an offer for at least one of the three lease terms specified under the RLP and are encouraged to submit offers for all three. The Government shall determine the lowest priced offeror utilizing the appropriate lease term that aligns with the requirements of the tenant agency. Offerors who fail to respond to each of the requested lease terms may be deemed ineligible for individual lease awards (if, for example, the Government runs a procurement through the AAAP application for a 10 year, 8 year firm term requirement and an offeror does not submit an offer for a 10 year, 8 year firm term).

3. The offered building/location must be pre-existing. Offers for new construction, including offers to construct an annex or addition to an existing building, will not be accepted.

4. Offered space must be able to meet the delivery schedule outlined under the attached AAAP Post-Award Schedule.

In addition, offered space may not be encumbered by existing tenants or leases, unless the Offeror can demonstrate, to the satisfaction of the LCO, that the offered space can be made available within a timeframe so as to meet the AAAP Post-Award Schedule.

5. This AAAP RLP outlines generic specifications and requirements applicable to all requirements to be procured through its use. In addition to these generic specifications and requirements, each agency identified for procurement through the application contains requirements that will be identified using a project specific advertisement posted on HTTPS://SAM.GOV. Those unique agency requirements identified in the Contract Opportunities SAM posting are incorporated by reference into this RLP and shall be used in evaluating and determining the eligibility of offers for award. Once an agency specific need has been identified for procurement through the application, the Government will use the application to identify those offers which meet certain minimum agency specific requirements, including delineated area, square footage, lease term, and parking. Offers will also be subject to further due diligence review and screening to confirm whether they meet the requirements of the RLP (e.g., Fire Protection and Life Safety, Financial Capability, etc.) in addition to unique agency requirements stated in the project specific advertisement. An award is contingent upon meeting all of these requirements; offers that do not meet all of these requirements shall be deemed ineligible for award.

1.03 AREA OF CONSIDERATION (AAAP VARIATION (OCT 2021))

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

A. All properties offered to the Government in conjunction with this AAAP RLP must be located within Arizona, California, Hawaii, Nevada, and the Pacific Islands (American Samoa, Guam, and Commonwealth of the Northern Mariana Islands).

B. Offers received will be further screened to identify those properties that are located within the agency’s delineated Area of Consideration as identified in the Contract Opportunities SAM project specific advertisement.

C. Buildings with Property boundary(ies) on the boundary streets are deemed to be within the agency’s delineated Area of

Consideration.

1.04 NEIGHBORHOOD, PARKING, LOCATION AMENITIES, AND PUBLIC TRANSPORTATION (AAAP VARIATION (OCT

2021))

A. INSIDE CITY CENTER: Space shall be located in a prime commercial office district with attractive, prestigious, and professional surroundings with a prevalence of modern design and/or tasteful rehabilitation in modern use. Streets and public sidewalks shall be well maintained. The parking-to-square-foot ratio available on-site shall at least meet current local code requirements, or in the absence of a local code requirement, on-site parking shall be available at a ratio of one (1) space for every 3,000 RSF of Space. A variety of inexpensive or moderately priced fast-food and/or eat-in restaurants shall be located within the immediate vicinity of the Building, but generally not exceeding a walkable 2,640 feet of the employee entrance of

RLP NO. 24-REG09, PAGE 3 GSA R100_AAAP (10/23)

the offered Building, as determined by the LCO. Other employee services, such as retail shops, cleaners, and banks, shall also be located within the immediate vicinity of the Building, but generally not exceeding a walkable 2,640 feet of the employee entrance of the offered Building, as determined by the LCO. A commuter rail, light rail, or subway station shall be located within the immediate vicinity of the Building, but generally not exceeding a walkable 2,640 feet, as determined by the LCO.

Alternatively, two or more public or campus bus lines usable by tenant occupants and their customers shall be located within the immediate vicinity of the Building, but generally not exceeding a walkable 1,320 feet, as determined by the LCO. Amenities must be existing or the Offeror must demonstrate to the Government’s reasonable satisfaction that such amenities will exist by the Government’s required occupancy date.

B. OUTSIDE CITY CENTER: Space shall be located 1) in an office, research, technology, or business park that is modern in design with a campus-like atmosphere; or, 2) on an attractively landscaped site containing one or more modern office Buildings that are professional and prestigious in appearance with the surrounding development well maintained and in consonance with a professional image. The parking-to-square-foot ratio available on-site shall at least meet current local code requirements, or, in the absence of a local code requirement, on-site parking shall be available at a ratio of 3.5 spaces for every 1,000 RSF of Space. Adequate eating facilities shall be located within the immediate vicinity of the Building, but generally not exceeding a walkable 2,640 feet, as determined by the LCO. Other employee services, such as retail shops, cleaners, and banks, shall be located within the immediate vicinity of the Building, but generally not exceeding 5 drivable miles, as determined by the LCO. Amenities must be existing or Offeror must demonstrate to the Government’s reasonable satisfaction that such amenities will exist by the Government’s required occupancy date.

C. As described under the paragraph “Amount and Type of Space, Lease Term (AAAP Variation),” offers received will be further screened to identify those locations that meet project specific requirements for availability of parking, amenities, and public transportation as identified in the Contract Opportunities SAM project specific advertisement.

D. Offerors are advised to refer to the Contract Opportunities SAM project specific advertisement for possible additional requirements for neighborhood, parking, location amenities, and public transportation.

1.05 LIST OF RLP DOCUMENTS (AAAP VARIATION (OCT 2023))

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

DOCUMENT NAME NO. OF PAGES EXHIBIT

Lease No. GS-XXP-LXXXXXXX (TEMPLATE L100_AAAP) 48

Security Requirements for Level I-IV 43

GSA 3516, Solicitation Provisions (Alternate II) 6

GSA 3517B, General Clauses 21

Proposal to Lease Space (GSA Form 1364 AAAP) 4

GSA Form 1217, Lessor's Annual Cost Statement 3

AAAP Post-Award Schedule 2

GSA Form 12000 for Prelease Fire Protection and Life Safety Evaluation for an Office Building (Part A or Part B) (See Section 3 for applicable requirements) 6

Seismic Offer Forms 8 GSAR 552.270-33 Foreign Ownership and Financing Representation for High Security Leased Space (FSL III or IV only) 4

FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 4

1.06 AMENDMENTS TO THE RLP (AAAP VARIATION (JUN 2012))

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

1.07 LEASE DESCRIPTION (AAAP VARIATION (OCT 2023))

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

B. The Lease contemplated by this RLP includes:

1. The term of the Lease.

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

RLP.

RLP NO. 24-REG09, PAGE 4 GSA R100_AAAP (10/23)

3. Building Shell standards and requirements.

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

Note: Information concerning the tenant agency's buildout requirements will be provided after award.

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

D. The Lease contemplated by this RLP is a fully serviced Lease. Rent shall be based upon a proposed rental rate per

ANSI/BOMA Occupant Area (ABOA) square feet, limited by the offered rate and the square footage needed for the requirement being procured through the AAAP application. Although certain Tenant Improvement (TI) requirements information is provided with this RLP and will be incorporated into the Lease, the TIs to be delivered by the Lessor will be based on the final design to be developed after award of the Lease, which reflects the Agency’s full requirements. The Lessor shall design and build the TIs and will be compensated for TI costs, together with design and project management fees to be set under the Lease.

Although the TI requirements will not be developed fully until after award, Offerors shall provide the allowance stated in the Tenant Improvement Allowance paragraph of the Lease.

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

E. Upon completion and acceptance of the leased Space, the Space will be measured for establishing the actual square footage and annual rent, and the lease term shall commence. In instances involving an incumbent Lessor where the Government commences the lease term pending completion of TI and/or BSAC alterations, the Government shall withhold TI and/or BSAC rent pursuant to Section 1 of the Lease until such time as the TI and/or BSAC is completed and accepted by the Government.

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

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

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

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

1.09 PRICING OF SECURITY REQUIREMENTS (AAAP VARIATION (OCT 2022))

A. The Lease attached to the AAAP RLP package references a range of potential security requirements and obligations for the

Building, which are based on the facility security level (FSL). The Federal Government determines the facility’s FSL rating, which ranges from FSL I to FSL IV. The FSL is based on client agency mix, required size of space, number of employees, use of the space, location, configuration of the site and lot, and public access into and around the facility. The awarded Lease will include one of these FSL requirements.

B. Since the tenant agency to occupy the offered Space and the FSL may not be determined until after the Offeror submits final proposal revisions, Offerors must include the cost of the security requirements identified in the document, entitled “Security Requirements – Facility Security Level I,” into the building shell. In addition, the security requirements identified in the documents, entitled “Security Requirements – Facility Security Level II,” and “Security Requirements – Facility Security Level III,” and “Security Requirements – Facility Security Level IV,” include a general list of security countermeasures that may be installed in the leased Space as part of the Building Specific Amortized Capital (BSAC). Because each building is unique, the final list of security countermeasures for FSL II, and III, and IV ratings will be determined during the design phase and identified in the design intent drawings and construction documents. After completing the construction documents, the Lessor shall submit a list of the itemized costs. Such costs shall be subject to negotiation. The Lessor shall design and build the BSAC and will be compensated for BSAC costs, together with design and project management fees to be set under the Lease.

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

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

If an Offeror is offering Space in a facility currently housing a Federal agency, the security requirements of the facility may be increased and the Offeror may be required to adhere to a higher security standard than other Offerors competing for the same space requirement.

RLP NO. 24-REG09, PAGE 5 GSA R100_AAAP (10/23)

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.

1.11 AUTHORIZED REPRESENTATIVES (AAAP VARIATION (OCT 2021))

A. Offerors may contact the GSA regional AAAP Manager for questions regarding this RLP. The Government shall have the right to substitute AAAP contacts without notice.

AAAP Manager:

AAAP.R9@GSA.GOV

300 W. Congress Street Tucson, AZ 85701-1371

B. Individual lease awards from this RLP shall be made by a regional Lease Contracting Officer (LCO), to be determined on a project-by-project basis. The Government shall have the right to substitute project specific LCOs by notice, without an express delegation by the prior LCO.

C. The Government shall have the authority to amend the RLP.

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

(OCT 2023)

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

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

RLP NO. 24-REG09, PAGE 6 GSA R100_AAAP (10/23)

SECTION 2 ELIGIBILITY AND PREFERENCES FOR AWARD

2.01 EFFICIENCY OF LAYOUT (AAAP VARIATION (OCT 2016))

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 of the requirements 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.

C. The requirements above apply to any portion of the offered Space under consideration by the Government for Lease Award.

2.02 FLOOD PLAINS (OCT 2022)

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

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

2.03 SEISMIC SAFETY – LOW, MODERATE OR HIGH SEISMICITY (AAAP VARIATION (OCT 2023))

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

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

1. Seismic zone requirements:

a. If the building is located in a low (green) zone, the offeror is exempt from Seismic Standards.

b. If the building is located in a moderate (yellow) zone - The offer includes a representation that the Building will have less than 10,000 ABOA SF of Space leased to the Federal Government upon commencement of the lease term (Seismic Form D),

c. If the building is located in a high (red) zone - The offer includes a representation that the Premises will be in a one-story Building of steel light frame or wood construction with less than 3,000 ABOA SF of space in the Building (Seismic Form D).

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

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

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

4. The offer includes a Seismic Certificate based on a Tier 2 or Tier 3 Evaluation showing that the Building complies with the Seismic Standards (Seismic Form B). If the certificate is based on a Tier 2 or Tier 3 Evaluation, the data, working papers, calculations and reports from the evaluation must be made available to the Government.

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

ASCE/SEI 41 (Seismic Form C, Part 1). If the Offeror proposes to retrofit the Building, the offer must include a Tier 1 report with all supporting documents, a narrative explaining the process and scope of retrofit, and a schedule for the seismic retrofit. The Offeror shall provide a construction schedule, concept design for the seismic upgrade, and supporting documents for the retrofit, including structural calculations, drawings, specifications, and geotechnical report

RLP NO. 24-REG09, PAGE 7 GSA R100_AAAP (10/23)

to the Government for review and approval prior to award. The documentation must demonstrate the seismic retrofit will meet the seismic standards and be completed within the time frame required.

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

C. The LCO may allow an Offeror to submit a Seismic Certificate prior to award. However, the LCO is not obligated to delay award in order to enable an Offeror to submit a Seismic Certificate.

D. Definitions. For the purpose of this paragraph:

1. “ASCE/SEI 31” means the American Society of Civil Engineers standard, Seismic Evaluation of Existing Buildings.

You can purchase ASCE/SEI from ASCE at (800) 548-2723 or by visiting HTTP://WWW.ASCE.ORG/PUBLICATIONS/.

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

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

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

5. “RP 8” means “Standards of Seismic Safety for Existing Federally Owned and Leased Buildings ICSSC Recommended Practice 8 (RP 8),” issued by the Interagency Committee on Seismic Safety in Construction as ICSSC RP 8 and the National Institute of Standards and Technology as NIST GCR 11-917-12. RP 8 can be obtained from

HTTPS://WWW.NIST.GOV/PUBLICATIONS/.

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

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

7. “Seismic Standards” means the requirements of RP 8 Section 2.2 for Life Safety Performance Level in ASCE/SEI 31 or the Basic Safety Objective in ASCE/SEI 41, unless otherwise specified.

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

Tier 1 Evaluation must include the appropriate Structural, Nonstructural and Geologic Site Hazards and Foundation Checklists.

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

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

2.04 HISTORIC PREFERENCE (AAAP VARIATION (OCT 2017))

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

1. Historic Properties within Historic Districts.

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

3. Historic Properties outside of Historic Districts.

B. Definitions:

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

2. Historic District means a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, Buildings, structures, or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history (36 CFR 60.3(d)). The Historic District must be included in or be determined eligible for inclusion in the National Register of Historic Places (NRHP).

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

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

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

RLP NO. 24-REG09, PAGE 8 GSA R100_AAAP (10/23)

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

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

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

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

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

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

E. INTENTIONALLY DELETED

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

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

1. A Historic Property within a Historic District.

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

3. A Historic Property outside of a Historic District.

2.05 ASBESTOS (OCT 2023)

A. Government requires space with no asbestos-containing materials (ACM), or with undamaged, nonfriable ACM. For purposes of this paragraph, “space” includes the 1) space offered for lease; 2) common building area; 3) ventilation systems and zones serving the space offered; and 4) the area above suspended ceilings and engineering space in the same ventilation zone as the space offered. Notwithstanding the preceding, if no offers are received for such space, the Government may consider space with thermal system insulation ACM (e.g., wrapped pipe or boiler lagging), which is not damaged or subject to damage by routine operations.

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

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

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

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

2.06 ACCESSIBILITY (AAAP VARIATION (OCT 2016))

The Lease contemplated by this RLP contains requirements for Accessibility. In order to be eligible for award, the Building, offered Space, and areas serving the offered Space must meet the Lease accessibility requirements, or the Offeror must agree to bring the Building, offered Space, and areas serving the offered Space into compliance with Lease accessibility requirements prior to acceptance of the Space.

RLP NO. 24-REG09, PAGE 9 GSA R100_AAAP (10/23)

2.07 FIRE PROTECTION AND LIFE SAFETY (SEP 2013)

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

A. Verify in the Lease proposal that the Building in which Space is offered meets the Means of Egress, Automatic Fire Sprinkler

System, and Fire Alarm System requirements of the Lease or

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

2.08 ENERGY INDEPENDENCE AND SECURITY ACT (AAAP VARIATION (OCT 2023))

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

B. Subject to the exceptions below, unless one of the statutory exceptions listed in sub-paragraph C below applies, 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 Lease Award Date. 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 Lease Award date. For example, an ENERGY STAR® label awarded by EPA on October 1, 2023, is valid for all lease procurements where the Lease Award date is on or before September 30, 2024. Notwithstanding the above, buildings that meet any of the following are considered as equivalent to having an Energy Star label in the most recent year, provided they achieve an ENERGY STAR® label within 18 months after occupancy by the Government:

1. All 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; or

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 HTTPS://WWW.ENERGYSTAR.GOV/BUILDINGS/TOOLS-AND-

RESOURCES.

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

STAR® Label if:

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

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

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

National Register of Historic Places; or

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

D. If one or more of the statutory exceptions applies, and the offered Space is not in a Building that has earned the ENERGY

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

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

System (BAS)/Monitoring/Control System (EMCS).

2. Lighting Improvements. See Lease paragraph “Lighting: Interior and Parking – Shell” for required specifications.

3. Building Envelope Modifications.

4. Note: Additional information can be found on HTTPS://WWW.GSA.GOV/REAL-ESTATE/REAL-ESTATE- SERVICES/LEASING/SUSTAINABILITY-POLICIES under “Sustainability Policies.”

https://www.energystar.gov/BUILDINGS/TOOLS-AND-RESOURCES https://www.energystar.gov/BUILDINGS/TOOLS-AND-RESOURCES https://www.gsa.gov/REAL-ESTATE/REAL-ESTATE-SERVICES/LEASING/SUSTAINABILITY-POLICIES https://www.gsa.gov/REAL-ESTATE/REAL-ESTATE-SERVICES/LEASING/SUSTAINABILITY-POLICIES

RLP NO. 24-REG09, PAGE 10 GSA R100_AAAP (10/23)

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.

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

“Portfolio Manager” to apply). ENERGY STAR® tools and resources can be found at HTTPS://WWW.ENERGYSTAR.GOV/BUILDINGS/TOOLS-AND-RESOURCES. The ENERGY STAR® Building Upgrade Manual (HTTP://WWW.ENERGYSTAR.GOV/BUILDINGS/) and Building Upgrade Value Calculator (HTTP://WWW.ENERGYSTAR.GOV/BUILDINGS/TOOLS-AND-RESOURCES/) are tools which can be useful in considering energy efficiency and conservation improvements to Buildings.

G. If one or more of the statutory exceptions applies, and the offered Space is not in a Building that has earned the ENERGY

STAR® Label within one year prior to the due date for final proposal revisions, the successful Offeror will be excused from performing any agreed-to energy efficiency and conservation renovations, and benchmarking with public disclosure (as provided in I below) 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. As described in Section 3 of the Lease, successful Offerors meeting one of the statutory exceptions above must agree to benchmark and publicly disclose the Building’s current ENERGY STAR® score, using EPA’s Portfolio Manager online software application. See the Lease for additional details.

2.09 ENVIRONMENTAL CONSIDERATIONS (AAAP VARIATION (OCT 2016))

A. The Government requests space with no known hazardous conditions or recognized environmental conditions that would pose a health and safety risk or environmental liability to the Government.

B. Upon request by the Government, Offeror must provide all known previous use of the Building.

C. If identified as the lowest priced offer, Offeror must indicate any known hazardous conditions or environmental releases with/from the offered Space, Building or Property.

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

A. Environmental Due Diligence

1. At the direction of the LCO, the Offeror must provide, at the Offeror’s sole cost and expense, a current Phase I Environmental Site Assessment (ESA), using the American Society for Testing and Materials (ASTM) Standard E1527-21 and timeline, as such standard may be revised from time to time. In accordance with ASTM standards, the study must be performed by an environmental professional with qualifications that meet ASTM standards. This Phase I ESA must be prepared with a focus on the Government being the “user” of the Phase I, as the term “user” is defined in E1527-21. Failure to submit the required study may result in dismissal from consideration.

2. If the Phase I ESA identifies any recognized environmental conditions (RECs), the Offeror will be responsible for addressing such RECs, at its sole cost and expense, including performing any necessary Phase II ESA (using ASTM Standard E1903-11), performing any necessary cleanup actions in accordance with federal and state standards and requirements and submitting a proposed schedule for complying with these obligations. The Government will evaluate whether the nature of any of the RECs, the results of the Phase II, any completed cleanup, and the proposed schedule meet the Government’s needs.

B. National Environmental Policy Act

1. While the Offeror is responsible for performing all environmental due diligence studies of the offered Property, the Government is responsible for compliance with NEPA, whether in whole or in part, on its own or with the assistance of the Offerors. NEPA requires federal agencies to consider the effects of their actions on the quality of the human environment as part of the federal decision making process and, to that end, the Government’s obligations may, and in some cases will, be augmented by the Offerors as described in greater detail in the RLP.

2. The Government may either…