36C10F20R0073_1.docx

36C10F20R0073

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C10F20R0073 08-14-2020 Marcel Parfenti, catalin.parfenti@va.gov 202-570-8213 09-30-2020

3:00 PM

36C10F Department of Veterans Affairs Office of Construction and Facilities Management (003C4A) 425 I Street NW Washington

DC

20001 X X 531210 $8 Million N/A X See Delivery Schedule

36C10F Department of Veterans Affairs Office of Construction and Facilities Management (003C4A) 425 I Street NW Washington

DC

20001

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-9971 This RFP is for Real Estate Acquisition Support Services (FY21 New Broker IDIQ) – TIERED EVALUATIONS This procurement is set-aside based on an order of priority as established in 38 U.S.C. 8127.

TIERED EVALUATIONS LIMITED TO SDVOSB or VOSB: This solicitation is being issued as a tiered evaluation for SDVOSB concerns, or in the alternative, as a tiered evaluation for VOSB concerns. If award cannot be made, the solicitation will be cancelled and the requirement resolicited.

See Performance Work Statement (PWS) for details.

X X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C10F Catalin M. Parfenti

Office of Construction and Facilities Management (003C4A) 425 I Street NW Washington DC 20001

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Module 1 – Real Estate Acquisition Services Lease Size Micro (Less than 10,000 NUSF) Contract Period: Base POP Begin:

POP End:

Module 1 – Real Estate Acquisition Services Lease Size Small (Between 10,001 NUSF and 30,000 NUSF) Contract Period: Base

Module 1 – Real Estate Acquisition Services Lease Size Medium (Between 30,001 NUSF and 100,000 NUSF) Contract Period: Base

Module 3 – Due Diligence Services Include services are listed PWS Contract Period: Base

Module 1 – Real Estate Acquisition Services

Contract Period: Option 1

Module 1 – Real Estate Acquisition Services

Contract Period: Option 1

Module 1 – Real Estate Acquisition Services

Contract Period: Option 1

Module 1 – Real Estate Acquisition Services Lease Size Large (Over 100,001 NUSF)

Contract Period: Option 1

Module 1 – Real Estate Acquisition Services

Contract Period: Option 2

Module 1 – Real Estate Acquisition Services

Contract Period: Option 2

Module 1 – Real Estate Acquisition Services

Contract Period: Option 2

Module 1 – Real Estate Acquisition Services

Contract Period: Option 2

Module 1 – Real Estate Acquisition Services

Contract Period: Option 3

Module 1 – Real Estate Acquisition Services

Contract Period: Option 3

Module 1 – Real Estate Acquisition Services

Contract Period: Option 3

Module 1 – Real Estate Acquisition Services

Contract Period: Option 3

Module 1 – Real Estate Acquisition Services

Contract Period: Option 4

Module 1 – Real Estate Acquisition Services

Contract Period: Option 4

Module 1 – Real Estate Acquisition Services

Contract Period: Option 4

Module 1 – Real Estate Acquisition Services

Contract Period: Option 4

Performance Work Statement Real Estate Acquisition Support Services (FY21 New Broker IDIQ) Prime Contractor: NAICS 531210 -- Offices of Real Estate Agents and Brokers (Small Business Size Standard: $8 Million). This is a Multiple Award Indefinite Quantity Indefinite Delivery (IDIQ).

Location of Performance: Any State of the United States, the District of Columbia and the Commonwealth of Puerto Rico.

MINIMUM VALUE: $1,000.00 per awardee MAXIMUM VALUE: $30,000,000.00 per awardee Task Orders shall not exceed $1,500,000.

A. Introduction U.S. Department of Veteran Affairs (VA) provides space for VA employees and clients for medical and medical related services, as well as research, warehouse and administrative offices. VA also provides land, via lease or purchase, for construction of necessary facilities. The Office of Construction and Facilities Management (CFM) is the implementation arm of VA’s leased and owned property portfolio, with three Administrations as its clients: Veterans Health Administration (VHA); National Cemetery Administration (NCA); and Veterans Benefits Administration (VBA). CFM satisfies client space requirements through competitive lease procurement actions. VA leases space in both rural and urban areas throughout the United States, District of Columbia and the Commonwealth of Puerto Rico.

Within CFM, the Office of Real Property (ORP) is the entity responsible for management of lease procurement activities. ORP’s Project Managers (PM) utilize the services of real estate brokers for lease management projects. Broker services are essential to support effective communication between ORP and offerors in procurements; provide expertise in market research and commercial real estate transactions and financing; data and documentation organization, assembly and storage; and increased efficiency in contracting actions for projects that involve multiple vendors.

VA leases space by delegation of authority from the General Services Administration (GSA) on a project-by-project basis. Federal laws and regulations require the Government to procure leased space utilizing competitive procedures, unless otherwise justified.

One of the goals of this contract is to provide consistency in policies and procedures for ORP lease acquisition services nationwide. Lease acquisitions follow the procedures stated in this document in addition to the General Services Acquisition Manual, Federal Acquisition Regulations, VA Acquisition Regulations, and all Laws and Executive Orders that pertain to federal leasing (see Exhibit 1).

B. Scope The Contractor shall support ORP, contracting staff and other VA real property and leasing officials, as needed, in the acquisition of leasehold interests and other leasing actions, oversight of construction, and related real estate services. The contractor shall be responsible for providing all deliverables in a timely and professional manner and shall vet all work completed under a Task Order (TO) for completeness, accuracy, and adherence to the scope of work issued for such TO before providing any deliverables to VA. The Contractor shall bring forward a team consisting of a Prime Contractor registered under NAICS 531210 – Offices of Real Estate Agents and Brokers. The Prime Contractor will be responsible for procuring other subject-matter experts on a project-by-project basis to fulfill TO requirements.

The Contractor must hold a current state broker license in the United States of America, the District of Columbia or Commonwealth of Puerto Rico. Additionally, in order to be awarded a lease acquisition TO, the Contractor must provide a current broker license covering the state where the lease is being performed. The offeror must identify the licenses (one per state/U.S. Territory) demonstrating authority to perform commercial real estate services as required by the contract which can be in the form of a partnership/co-brokerage agreement.

Prior to performance of any contract services, a TO will be awarded and Contractors shall have an opportunity to submit pricing and technical proposals, in accordance with FAR Part 16.505 Fair Opportunity procedures.

Contractors must comply with personnel qualification requirements including licensing, certification, training, experience, conflict of interest, nondisclosure, and clearances, stated within this Performance Work Statement (PWS).

Performance of contract services requires expertise in commercial real estate practices, real estate development, and Federal procurement regulations related to Federal lease acquisition. Federal lease acquisitions must comply with Federal lease acquisition regulations, Federal lease law, Federal property law, applicable Executive Orders, and other procurement regulations, policy directives and processes listed in Exhibit 1 thru 5 or referenced herein. Information related to a Federal acquisition is protected by the Procurement Integrity Act and disclosure to other than authorized parties is prohibited. For all TOs issued in support of the contract, the Contractor and its employees working on the TO shall sign a Conflict of Interest and Non-Disclosure Form, regardless of project type (see Exhibit 2 and 3). VA will not approve of dual agency in any procurement action. Upon receipt of a task order award, the Contractor must immediately notify the CO of any organizational or individual conflict of interest that would prevent or limit the Contractor's ability to perform the work requested. Dual Agency under this contract does not allow the same agent of the Brokerage Firm to represent both parties.

Conflict of Interest procedures: The Contractor shall submit Organizational Conflict of Interest Agreement and Individual Conflict of Interest and Non-Disclosure Agreement to the CO prior to the issuance of Notice to Proceed under the base contract award for Contractor or subcontractor personnel, who will perform services in connection with the contract. If additional personnel are assigned to the contract at a later date, a non-disclosure/conflict of interest statement shall be provided to the CO prior to their starting work on any task order.

The Contractor will provide support to CFM’s leasing program for VA facilities. The Contractor will also provide other leasing acquisition support services for leased facilities as listed in Modules 2 and 3.

All decisions regarding a lease acquisition or other real property actions made on behalf of the Government are reserved for the CO, and his or her designated representative. The Contractor is prohibited from performing any Inherently Governmental function identified in FAR Part 7.5.

The Contractor is responsible for providing all deliverables and services in a timely and professional manner. Multiple TOs may run concurrently; therefore, the Contractor must have the capacity to supply sufficient staff and resources, through subcontracting for services if necessary, to successfully complete services and meet all required delivery dates.

This is a 'non-personal services contract' as defined in FAR Part 37.101. It is therefore understood and agreed that the Contractor and/or Contractor employees: (1) shall perform the services specified herein as independent Contractors, not as employees of the Government; (2) shall be responsible for their own management and administration of the work required and bare sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of the contract; (3) shall be free from supervision or control by any Government employee, but (4) shall, pursuant to the Government's right and obligation to inspect, accept, or reject the work, comply with such general direction of the CO, the PM, or the duly authorized representative(s) thereof as necessary to ensure accomplishment of contract objectives.

Websites referenced herein are to provide Contractors access to forms, sample documents, statutes, executive orders, and regulations that govern Federal lease acquisition. As necessary, during the term of the Contract, the CO or a designated representative may provide updated web addresses, forms, or templates. Forms and other samples are for information only and do not relieve the Contractor from responsibility for ensuring all work performed is in accordance with the applicable statutes, executive orders, regulations, or other requirements of the contract.

The Government may also implement non-traditional and innovative lease procurement, acquisition, and methods and techniques. If it is determined to be in the best interest of the Government to employ new methods or techniques, a Contractor accepting award of a TO in which the new method is included in the TO request for quotes/proposals, agrees to conduct the work under that TO utilizing the new methods within the agreed to price in the TO. In the event new procedures are implemented, guidance will be provided to the Contractors by the Government.

In addition to work related to lease procurements the Contractor shall provide necessary documentation and assistance to the Government on disputes, protests, claims, and appeals related to services that they are performing or have performed. In the event the Government receives a congressional inquiry, a Freedom of Information Act (FOIA) request, subpoena or other similar inquiry, demand or request for information the Contractor will provide all required information to support the Government’s response.

The Contractor’s key personnel shall not be substituted without notifying the Government in writing and approval by the CO. Prior to adding additional personnel to a project the Contractor shall notify the Government, in writing, of such additions and include a description of qualifications for the new personnel and personnel. Any additional personnel must be approved by the CO.

The Contractor shall attend up to two IDIQ performance review meetings a year with the CO, contract PM, Contracting Officer’s Representative (COR), and other Government representatives, at the Government’s discretion. Meetings may be held at Government’s discretion virtually or in-person at CFM’s Washington, DC Headquarters.

The Contractor's key personnel and project management staff at the IDIQ level are required to attend initial training for the implementation of this Contract. CFM training will be held virtual or in person at CFM’s Washington, DC Headquarters. In addition, the Contractor is expected to attend national follow-on training as determined by the PM and CO. This training may be held and attended in-person or virtually.

In order to be able to submit an offer on TOs, a minimum of two individuals proposed as a part of the team, which is directly responsible for the management of the assigned tasks, must have successfully completed the following trainings: Lease Acquisition Training, Cost and Price Analysis for Leases, Real Property Lease Law, Techniques in Negotiating Federal Real Property Leases, Best Value Source Selection, and Fundamentals of Appraisal Course. New staff will have to complete these six courses prior to award of any first Module 1 TO.

In addition to project-specific meetings described herein, the Contractor should expect to participate in IDIQ level quarterly calls and, a minimum of four annual planning meetings, preparation of presentations, and several smaller training sessions virtual or in person at the CFM Washington, DC Headquarters. These services are considered administration and compliance activities to be undertaken by the Contractor to remain in good standing under the Contract and therefore will not be reimbursed by the Government; the CO retains sole discretion to allow Video/Teleconference participation in the annual meeting as an exception based solely on work load considerations. The COR will host these meetings and will be the point of contact for coordination for the meetings.

C. Definitions and Terminology

The definitions and terminology for this contract and for TOs issued against the contract are provided below and, in the Lease Based Outpatient Clinic (Design Guide) dated April 2016. For clarification of any terms which are not included below or in the Design Guide, contact the PM or Lease Contracting Officer (LCO).

Aggregate Lease Value: The fully serviced annual rent to be paid by VA for the firm term of the lease for purposes of calculating the Contractor’s commission. The firm term and application of commissions are defined in the Request for Lease Proposals (RLP) for each leasing project.

The Aggregate Lease Value shall include: The total contract value of the lease term to include, but not be limited to, base rent (including fixed rental increases or as annualized), other rental income, operating expenses (base year), real estate taxes (base year), and tenant improvement allowance (if applicable).

The Aggregate Lease Value shall not include:

(i) any rental abatement provided to VA pursuant to the Lease;

(ii) any annual rental escalations covering operating expense and/or real estate tax increases during the lease term,

(iii) any additional amounts paid by VA for services over and above those furnished by Lessor as a part of the Lease (i.e., any amounts paid by VA in lump sum),

(iv) lump sum payments to pay for tenant improvements, and

(v) Commissions will not be collected on option periods or for lease terms beyond the firm term of the lease.

Approval: When the Government has reviewed submittals, deliverables, or administrative documents, determined the services or submissions conform to contract requirements, and communicated final acceptance to the Contractor.

Commission: The percentage of the Aggregate Lease Value that the Contractor will receive as compensation for lease acquisition services. The Contractor's commission is paid to the Contractor by the Lessor in accordance with the terms of the lease and this contract.

Contract and Contractor: "Contract" means the national multiple-award IDIQ contract award, and "Contractor" means the party who has entered into this Contract with the Government.

Day: In this Contract, unless explicitly indicated otherwise, “day” refers to Federal working days (Monday through Friday, excluding Federal holidays).

Government Personnel: Government employees that may be identified by the Government to work with the Contractor, at the Government’s discretion.

G-REX: An acronym for GSA Real Estate Exchange. G-REX is a system that facilitates a PM’s and LCO’s request for a delegation of authority from GSA and provides a forum to upload award documents post-award as required by GSA.

Inherently Governmental: The Contractor may not bind the Government or perform any functions that remain the responsibility of the Government as defined in FAR Part 7 Subpart 7.5—Inherently Governmental Functions. The below non-exhaustive list highlights lease procurement-specific tasks that are considered Inherently Governmental. Note, however, that the Government reserves the right to request the Contractor’s assistance to support the Government in these functions. See Office of Federal Procurement Policy Letter 11-01, Performance of Inherently Governmental and Critical Functions at website: https://www.gpo.gov/fdsys/pkg/FR-2011-09-12/pdf/2011-23165.pdf.

NOTE: Some actions and determinations are the sole responsibility of the LCO. Those items are marked with an asterisk. These actions cannot be delegated. The Contractor may be asked to prepare documentation or provide information associated with these tasks.

· Approving documents and/or signing on behalf of the Government (i.e., Notice to Proceed, or any correspondence on VA letterhead) *

· Approval of decisional tools of the Government such as Categorical Exclusion Checklists, Environmental Assessments, or Environmental Impact Statements

· Certification of funds availability*

· Change Orders or any other contract modifications (the Contractor shall not order or issue without Governmental signature) *

· Compliance with Randolph-Sheppard Act

· Consultation with VA Office of General Counsel (Section C.4.1.10)

· Procurement-related correspondence with offerors that may bind the Government, including but not limited to debriefings and discussion*

· Resolution of protests or any other Government settlement or claim*

· Government correspondence with Congress or other governmental entities

· Response to Freedom of Information Act (FOIA) requests (Section C.2)

· Formal determination that costs are fair and reasonable*

· Determination that construction is substantially complete*

· Approval of fire protection, seismic, life safety, or sustainability measures

· Independent Government Estimate (IGE) development

· Execution of leases or lease amendments*

· Signature of any letter on VA letterhead*

· Occupancy Agreements

· Prospectus submission/approval

· Receipt and approval of reimbursable work authorizations (RWA)

· Approval of OMB Circular A-11 Lease Scoring Analysis

· Approval of source selection*

· Approval of Source Selection Plan (SSP)*

· Award determination*

· Competitive Range Determination*

· Determination of Responsibility or Non-Responsibility*

· Determination of Socioeconomic Status of an Offeror*

· Release of an Advertisement*

· Release of a Solicitation*

· Disposition of Agency Protests*

· Settlement Agreements*

· Serving as a voting member on a Source Selection Evaluation Board (SSEB), Technical Evaluation Board, site selection team, or market survey team

· Small Business Subcontracting Plan approval*

· Approving and releasing a Justification for Other Than Full and Open Competition (JOTFOC)*

Lease Amendment (LA): A document used to change or modify an existing lease to reflect any change to the lease terms. For example, the acquisition of additional space, changes to agreed-upon tenant improvements, revision in terms or rental payments, payment of overtime services, change in ownership or payee, or any other action that changes the terms or substance of the lease.

Leasing Desk Guide: Leasing Desk Guide (LDG) and VHA LDG (Exhibit 6) contains GSA authorities, policies, technical and procedural guides, and administrative limitations governing the acquisition by lease of real property. The LDG may be updated, amended, and/or supplanted by the Government, and the Contractor is responsible for keeping up to date on the current version of the Design Guide. VA has supplemented LDG through its own policies and the contractor is responsible for keeping up to date on the current policies.

Normal Regional Office Work Hours: The normal work hours of CFM are from 8:30 a.m. to 5:00 p.m.

Purchase Price: The Purchase Price is the amount VA paid for the property at closing. It does not include any closing costs, such as recordation fees, attorney’s fees, or any other fees paid by VA to the landowner or another party, at, before, or following closing. In the event the land is a donation, the land value will be determined by a current fair market value appraisal, commissioned on behalf of the Government, as confirmed by a review appraisal.

Request for Lease Proposals (RLP): A document used to solicit offers for a lease acquisition. The RLP describes the Government’s requirements and the performance criteria against which a lessor is expected to perform, and the evaluation criteria that the Government will use to evaluate offers. As listed below, there are several different documents that may be used. For a specific TO, the LCO and PM will determine the RLP form for the lease acquisition. The RLP has been modified to be a VA document, which is included in the Design Guide.

Simplified Lease Acquisition Threshold Lease (SLAT lease): A simplified RLP format that may be used for a lease acquisition under the Simplified Lease Acquisition Threshold, unless another format is required by the LCO. Current GSA forms and procedures should be utilized.

Succeeding/Superseding Lease: The RLP used when the existing premises meets or substantially meets the tenant agency's on-going requirements so that only minimal, if any, alterations are necessary, and it takes a turnkey approach to defining any new required improvements. Current GSA forms should be utilized, but VA’s procedures must be followed.

Warehouse Lease: The RLP used for space whose predominant use is for storage, distribution, or manufacturing—such as for equipment, repair parts, documents, furnishings, or any other of the innumerable things for which our client agencies require holding space. This lease can be used for any size or rental value of warehouse space.

Required Delivery Date (RDD): The date specified in the TO schedule for completion of the TO.

Source Selection - Best Value Trade-Off Method: When lease award is based on the evaluation of cost or price and other non-priced factor(s) to determine the best value to the Government. The best value concept provides the opportunity for a cost/technical tradeoff and does not require that award be made to the offeror submitting the lowest cost or price or to the highest technically rated offer, although the ultimate decision may be to select the lowest priced offer or the highest technically rated offer. The LCO has the authority to make the cost/technical trade-offs in a manner consistent with the award methodology stated in an RLP or SFO.

Source Selection - Lowest Priced Technically Acceptable: When award is expected to result from selection of the technically acceptable proposal with the lowest evaluated price (See FAR 15.101-2). This method is typically not preferred for lease contracts.

D. Description of Modules The services described below include lease acquisition and other related services. They each will involve the Contractor’s receipt of a request from the PM and/or LCO that a service be provided, the Contractor’s completion of the requested work to the Government’s satisfaction, and then the payment of the Contractor for the completed work.

Module 1 – Lease Acquisition Support Services CLINs 0001 thru 0004 (option year CLINs as applicable)

i. General For Module 1 services CLIN 0001 to 0004 will be commission fee. The Contracting Officer will determine whether to procure Task Orders for Module 1 services using CLIN 0001 thru 0004. Only CLIN 0001 thru 0004 (or Option Year CLINs as applicable) will be allowed for Module 1 services at the Task Order level. The services described below may include all or a combination of the following steps: 1) participating in a project orientation with the PM and LCO, other Government personnel, and other contractors; 2) providing GREX support; 3) advertising the requirement; 4) surveying the market and preparing a market survey report; 5) drafting issuing a LCO approved RLP and any RLP amendments; 6) conducting administrative reviews of offers; 7) inputting proposal financial data into analysis tools for LCO analysis and evaluation; 8) providing support to LCO in negotiations and discussions with offerors; 9) preparing the lease documents and any lease amendments, and coordinating required signatures; 10) coordinate Acceptance Inspection; and 11) support to VA with FOIA inquiries, Congressional and other governmental inquiries, claims, litigation, settlements, and disputes.

The Contractor must hold a current state broker license in the United States of America, District of Columbia or Commonwealth of Puerto Rico. Additionally, in order to be awarded a lease acquisition TO, the Contractor must provide a broker license covering the state where the lease is being performed or partnership/co-brokerage agreement.

The Contractor shall conduct these tasks in accordance with applicable regulations and guidance upon the receipt of a written TO. The level of effort and the amount of travel required for each acquisition will vary dependent on the size and complexity of the transaction. Travel is required on most TOs for lease acquisition services. Lease Sizes:

The contractor shall not perform inherently governmental functions and shall not negotiate on behalf of the Government.

ii. Regulations, Processes, and Procedures GSAM Part 570 includes the GSA regulations applicable to leasing, and the Design Guide includes regulations and guidance on VA-specific leasing processes and procedures. Lease acquisition procedures and regulations vary depending on the complexity of an acquisition.

iii. Tasks The following table sets forth the standard tasks under this Contract as they relate to lease acquisition services which may include competitive and noncompetitive leases, lease extensions, and strategic planning. These services may require the completion of all or a combination the following: requirements development, lease acquisition, and post award services as indicated below.

· Track and update project timeline

· Engage in non-binding communication with interested parties

· Meeting notes/minutes

· Project timeline/Schedule

· Assisting VA with FOIA inquiries, Congressional and other governmental inquiries, claims, litigation, settlements, and disputes

· Kickoff call

· Assist in development of requirements (GREX requirements, Identify Market Risk inside of Delineated Area)

· Formal report on market conditions, available land/space, and rental rates

· Meeting notes/minutes

· Compose advertisements

· Publish newspaper advertisements

· Delineated area description and map

· Floodplain map

· Public transportation map

· Map of amenities

· Fedbizopps.gov and newspaper advertisements

· Tour the site/buildings before members

· Provide transportation to members

· Provide Market Survey 360 camera Support

· Answer questions and provide information to market survey team

· List of properties submitted and recommendation for properties to tour

· Binder of materials for market survey team review

· Market Survey Report

· Pictures and/or video of the sites for review during Market Survey 360

· Keep RLP/Lease updated to incorporate new standards and requirements

· Facilitate communications between PM, LCO, user group, and other contractors

· Pre-proposal Conference Coordination

· Awareness of RLP updates

· Complete RLP/Lease with all exhibits, appendices, and attachments

· Notification of RLP release to be published on FBO

· Assist in facilitating the meeting and coordinating with all parties

· Provide court reporter

· Providing meeting documents

· Meeting minutes

· Compilation of questions asked and assist in draft answers

· Review submitted offers for completeness and complete an abstract of offers received

· Coordinate with offerors for VA to request missing information

· Duplicate offeror submissions as necessary for use by TEB members

· Prepare evaluation documents for review by PM and LCO

· Prepare packages of approved materials for use by TEB members

· Provide an administrative means by which TEB members will score and evaluate offers electronically and those scores and by which evaluations can be captured and saved to the contract file

· Check that TEB members completed their evaluations fully and signed where appropriate

· Draft Evaluation Factor Definitions

· Compiling Scoring/comment electronic interface

· Abstract of offers received

· Documentation of reference checks/past performance verification/financial capability confirmation

· Input financial data into analysis spreadsheets to support VA’s cost and price analysis

· Compile VA’s technical and cost and price analysis

· Provide technical support to VA’s identification of any deficiencies, errors, omissions, or inconsistencies in technical or pricing information provided by offerors

· Draft TEB report with NPV data

· Synopsis of strengths, weaknesses, deficiencies of offers

· Synopsis of TEB comments

· Summary of combined technical and financial data

· Ranking based on combined scores

· Provide presentation equipment or space if necessary

· List of questions for LCO

· Dispatch signed, LCO approved documents to offerors

· FPR request letters

· Clarifications and Amendments as necessary

· Support the LCO with negotiation objectives as technical subject matter expertise

· Brief the PM and LCO prior to calls and meetings

· If requested, facilitate all or a portion of calls and meetings

· Meeting minutes

· Draft a negotiation strategy/objective prior to discussions for LCO review and approval

· Finalize draft documents and transmit to PM and LCO for approval and execution.

· Distribute LCO’s approved documents to offerors

· Draft amendments and clarifications for LCO approval

· Assemble and analyze data, documents, and project artifacts as necessary to present a complete picture of the procurement process and prospective winning offer for review and analysis by VA

· Complete review binders for OGC and Office of Management

· Draft lease documents

· Contract clearance/file documents as necessary

Award

· Implement any edits made by concurring offices or other VA officials

· Obtain offeror signature and initials on necessary documents

· Prepare correspondence to successful and unsuccessful offerors

· Provide original signed documents to PM and in advance of the anticipated award date

· Coordinate and facilitate debriefings as necessary

· Pre-award letter for signatures/initials

· Award letter and “unsuccessful” letters

· Two copies of complete lease initialed and signed by offeror

· Provide copies of lease and procurement documentation to VA personnel as necessary

· Assist with collection of commission from lessor

· Assist with creating copies of initialed/signed lease on CD (10 copies)

· Kickoff meeting agenda and minutes

· Debriefing materials

· Correspondence to lessor and offerors as necessary

· Rule 4 file and any other required documents for any protest filed

· Assisting VA with FOIA inquiries, Congressional and other governmental inquiries, claims, litigation, settlements, and disputes.

· Prepare documentation

· Lease Amendment(s)

· Correspondence to lessor as necessary

Kick-off Meeting: The Contractor, under the direction of the Project Manager, shall schedule a Kickoff Meeting with the PM and user group within ten (10) days of TO issuance. The purpose of the meeting is to discuss roles, responsibilities, project schedule, the contractor’s market research, procurement strategy, and initial project objectives or special requirements.

The Contractor shall submit the market and baseline project schedule to the PM four (4) days prior to the Kickoff Meeting. The PM will lead the meeting in cooperation with the Contractor. The Contractor shall prepare and disseminate an agenda 24 hour prior to the Kickoff Meeting.

Project Schedule: The Contractor will collaborate with the PM to develop and maintain a project schedule based on VA’s Integrated Master Schedule. It is intended that this schedule will be revised during the life of the project, as necessary.

Advertising: The Contractor shall prepare and submit a draft a) Beta.SAM.gov (former FBO) notice and b) newspaper advertisement to the PM for LCO approval prior to LCO posting on Beta.SAM.gov and IAW FAR Part 5 and GSAR. If there is an inadequate response to the Beta.SAM.gov posting, the PM may direct the Contractor to draft additional advertisements in another source and/or to engage in communications with local real estate offices. All newspaper advertisements will be at the Contractor’s expense. The Contractor shall prepare a list of all buildings and sites that respond to the advertisement. The list will identify a) the buildings and sites submitted that do not meet, and cannot be made to meet, VA’s advertised minimum criteria, and b) the buildings and sites that do meet VA’s minimum advertised criteria and potentially meet, or could be made to meet, VA’s other criteria for suitability. In addition to this list, the Contractor will provide a recommendation to the PM and LCO on which buildings and sites should be toured. All buildings and sites that could be made to meet the minimum requirements will be included in the market survey.

GREX Support: The Contractor will provide support in obtaining and preparing documents for submission to GSA. The documents required in GREX submission include but not limited to acquisition plan, VA space plan, market research, labor cost worksheet, SF-81, delineated area map, and FEMA floodplain map.

Market Survey: The Contractor will make necessary arrangements for the market survey, including transportation or market survey team members on the survey itself. Transporting team members during the market survey will be conducted at the sole cost of the Contractor. Team members shall all be transported in the same vehicle (i.e., passenger van or minibus) unless impracticable or impossible. Occasionally, there may be more than one market survey per TO.

The Contractor shall arrive at the project location prior to the project team and conduct a pre-market survey to physically inspect each property as appropriate (building and/or site) to determine if it can meet the requirements of the RLP. The Contractor shall then brief the PM and LCO prior to the formal tour with the local user group/VA representatives. Other potential invitees include space planners, engineers (including fire protection engineers), and architects.

The Contractor may be required to perform the following scope for Market Survey 360 in addition to the scope for market surveys as described in this document. The Market Survey 360 shall include all the key areas and elements of the real property. Any areas that may cause concern or deem the building or land incapable of meeting the minimum requirements of the solicitation shall also be captured.

Upon completing the physical market survey, the Contractor will be expected to provide a presentation that utilizes the images and or video taken during the physical tour. The Contractor will provide 360-degree media with clear resolution to deliver a professional presentation.

Following the capture of the real property, the Contractor will be expected to provide a presentation to the market survey members using the virtual tour images along with an overview of each site area captured including building exterior and/or site boundaries, nearby amenities, proximity to bus routes, parking, and other pertinent information relative to the procuring lease transaction. A copy of the presentation must be sent to the LCO and PM with the official Market Survey Report.

Note: For projects which may involve viewing Government occupied space under an existing lease, the LCO and PM must obtain permission to capture existing space from the agency POC prior to capturing Government space.

The Contractor shall take necessary actions to prevent the potential offerors from learning procurement-sensitive information from the materials provided to the market survey team by the Contractor. Any information released to one potential offeror must be released to all potential offerors at the same time. During the market survey, the Contractor may only discuss with potential offerors the offered property and its potential to meet the requirements of the RLP. Discussions with property owners or their representatives may not include information about other properties being surveyed or other aspects of the procurement any time prior to award.

The Contractor shall submit to the PM and LCO the following:

· A DRAFT Market Survey Report that includes specific recommendations regarding all viable alternatives and procurement methodologies (1-step, 2-step, etc.). Required 10 days after market tour.

· A final draft Market Survey Report. Required 3 days after receiving comments from VA.

Develop and Issue RLP and Amendments: The Contractor shall use the most currently available RLP document, as directed by the PM/LCO.

Upon approval of the draft RLP by the PM and LCO, the Contractor shall edit the document to incorporate the information gathered to date and then submit a copy to the user group and contract architect/engineer (A/E) for review and comment. The Contractor shall coordinate with the PM to schedule regular teleconferences in order to walk the user group and A/E through the document and obtain feedback. User group and A/E changes to the draft copy of the RLP shall be made electronically by the Contractor, using tracked changes mode. Each updated version of the document will be sent to the PM for review and comment. The Contractor must keep a record of all requested changes to the RLP, which shall be documented according to the source and rationale of the requested change. When no more changes are required for the RLP, the Contractor shall submit a final version of the RLP draft to the PM and LCO for review and approval.

The Contractor shall maintain a list of interested parties and will direct all interested parties to fbo.gov for all information pertaining to the RLP. If the project will replace one or more existing VA leased facilities, a copy of the RLP must be provided to the current lessor(s) unless the current lessor(s) indicates in writing that he/she is not interested in participating in the acquisition. The Contractor must also provide a draft, electronic copy of the RLP, clarifications, and amendments to the LCO for release through Federal Business Opportunities website.

Pre-Negotiation/Negotiation Process: The Contractor shall comply with this Contract and the Design Guide.

Clarifications; Review of Offers: The Contractor shall record all questions raised by prospective offerors concerning the RLP. The Contractor shall consult with the PM and LCO regarding responses to a prospective offeror raising the question and shall obtain approval by the LCO. Answers to any questions should be distributed to all offerors unless the question deals with an offeror’s proprietary information. Draft answers to questions are to be drafted and submitted to the PM and LCO for review and approval along with a recommendation on distribution.

The Contractor shall provide support to VA’s review all offers for compliance with the terms and conditions of the RLP, as amended. The Contractor shall prepare an abstract of each offer submitted to track the completeness of submissions. This abstract shall be provided to the LCO and PM for review no fewer than ten (10) days prior to evaluation of offers.

Five (5) business days following conclusion of the Technical Evaluation Board, the Contractor shall draft and submit for VA’s approval a draft TEB report, that includes VA’s analysis of offerors and summary document to the PM and LCO.

This must include the following:

I. Background

a. Scope of the project (including cost, NUSF and term);

b. Brief history of advertisement, market survey and solicitation; and

c. Brief summary of number of proposals received.

II. Technical Evaluation

a. Technical factors, sub-factors and weights;

b. Composition of the TEB;

c. Summary of technical scores for each proposal tied specifically to requirements outlined in RLP, broken down into sub-factor;

d. Confirmation that a CFM employee validated the information contained within the reference checks;

e. Overall ranking and rating of technical scores; and

f. Comparison of each offer to VA’s square footage thresholds.

III. Price Evaluation

a. Instructions on how VA would evaluate price, as included in the solicitation;

b. Price scores, broken down by schedule and line item;

c. A summary of the scoring runs for each proposal;

d. Overall ranking and rating of technical scores; and

e. Comparison of…