36C10F20R0073 0003.docx

36C10F20R0073 | A0003

36C10F20R0073 | A0003

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 09-24-2020 None 36C10F Department of Veterans Affairs Office of Construction and Facilities Management (003C4A) 425 I Street NW Washington DC 20001 36C10F Department of Veterans Affairs Office of Construction and Facilities Management 425 I Street NW Washington DC 20001 To all Offerors/Bidders

36C10F20R0073 08-14-2020

X X X X ** HOUR & DATE for Receipt of Offers is EXTENDED to:

October 14, 2020 by 3:00 PM ET See CONTINUATION Page X The purpose of Amendment 0003 is to provide solicitation updates as follows on the continuation page.

All other terms and conditions will remain unchanged.

Catalin M. Parfenti

CONTINUATION PAGE

36C10F20R0073 | Real Estate Acquisition Support Services (FY21 New Broker IDIQ)

The purpose of amendment A0003 is to provide the following:

a) The proposal due date is extended from September 30, 2020 to October 14, 2020 at 3:00PM ET.

b) Provide the virtual pre-proposal conference attendance sign-up sheet and the PowerPoint presentation (see attachments).

c) Provide VA responses to Request for Information (RFIs) received as result of solicitation.

d) Provide updated Section B.2 Price/Cost Schedule (see attachment).

e) Provide update Completed Past Performance Questionnaire (see attachment).

f) Provide amended sections to solicitation.

g) Attachments.

--- End ---

c) Questions and RFI responses (VA Answers are provided in red):

1. Do you want the signed amendments to the RFP as they come out or just as part of our final RFP submission package at the end of September?

All amendments must be singed and submitted with the final proposal.

2. There is a section that discusses notice of small business set-aside. Are there additional set aside considerations for small businesses? The focus seems to be 100% on a tiered structure for SDVOB and VOSB entities.

No, this solicitation is set-aside for Small Business Tier 1 - Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns and Tier 2 - Veteran-Owned Small Business (VOSB) concerns.

3. Are there minimum requirements for financial set asides to the SDVOSB? If a partnership or teaming approach is established, we want to make sure we abide by any financial parameters.

The NAICS 531210 - Offices of Real Estate Agents and Brokers (Small Business Size Standard: $8 Million).

4. The solicitation discusses leasing VA equipment. Will we be leasing equipment from the VA or ensuring our own systems adheres to NIST or the VA requirements?

The offeror will not be leasing VA equipment. Any information systems must comply with FAR 52.204-21 - BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS.

5. Given that the VA may accept all or part of an offer at any time, is there a benefit to submitting our response earlier?

No.

6. Page 8 references a requirement for brokers to provide "oversight of construction" included in part B. Scope. As these services are not listed anywhere in the SOW, please confirm these services would reflect those within the Module 2 services.

Post-award construction services are covered in Module 2 services.

7. VA lists a requirement that 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". Please confirm this requirement is at the Task Order level, not in this proposal for the IDIQ. Secondarily, that the requirement for the IDIQ, the requirement is to demonstrate a "current state broker license in the United States of America, the District of Columbia, or the Commonwealth of Puerto Rico."

The offeror/contractor must hold a current state broker license within the United States of America, or District of Columbia or Commonwealth of Puerto Rico at the time of the IDIQ proposal submission. Additionally, prior to the contractor receiving a Task Order award, the contractor must have a broker license in the state where the lease is being performed. The broker license must demonstrate authority to perform commercial real estate services and can be in the form of a partnership/co-brokerage agreement.

8. VA states on page 10 that to participate on TOs, a minimum of two individuals of the Offeror's team must have successfully completed the required trainings. However, it then states on page 12 that "new staff will have to complete these six courses prior to award of any first Module 1 TO". Please confirm that VA's requirement, as per the historical requirement, only (2) individuals among the team need the (6) required training courses as a minimum requirement.

In order to submit an offer on TOs, a minimum of two individuals as part of the proposed team must have successfully completed the (6) six required training courses as a minimum requirement. New contractor staff that is part of the proposed team will have to complete these six courses prior to award of any Module 1 TO.

9. Under previous versions of this contract, the training courses could be replaced with equivalent courses completed through a graduate degree or other accepted training. Please confirm that in the event VA has already approved a contractor's training under a previous contract, the same equivalents will be approved under this contract.

The solicitation for this contract is a new solicitation and is independent from prior contract solicitation(s). The Government may consider training or course equivalence on a case by case basis.

10. Are land acquisition services (Module 2 on current NBC) intended to be part of the scope of this IDIQ? If so, they are not described in the scope or included in the pricing schedule.

No, land acquisition services are not included in the current PWS.

11. The Module 1 states that a newspaper advertisement may be required to garner interest in the project. That medium has proven ineffective in the past, is it possible this could be removed or used after all other attempts to raise interest in the project have been exhausted?

No. The Lease Contracting Officer (LCO) may request the contractor to publicize proposed lease acquisitions of any dollar value or square footage local newspapers if, in the opinion of the LCO, doing so is necessary to promote competition.

12. The PWS states that Module 1 commissions will be paid by Lessors to contractor in a 50/50 split. This disadvantages brokers as VA's partners to defer compensation of 25% of the commission an additional 18-24 months after brokers have already carried costs 12-18 months during the procurement. The 50/50 split used by GSA reflects a scope of work that includes significantly more post-award lease award work which makes the 50/50 reflective of the work product. With the vast majority of the VA broker work for Module 1 occurring prior to lease award, request VA amend this split to the historical 75%/25% split to more accurately and fairly compensate VA brokers for completed work. As small businesses, this has a significant price implication that would likely result in higher rates to VA to account for the deferred revenue.

See revision to Module 1, Commission:

Commission: The Commission is the percentage of the Aggregate Lease Value that the Contractor will receive as compensation for CLINs 1 thru 4 (including option CLINs, if applicable). In markets where it is common practice to calculate commission as a rate per square foot or fixed amount, commission shall be converted as a percentage of the Aggregate Lease Value. The Contractor’s commission is paid to the Contactor by the lessor in accordance with the terms of the lease and this contract. The commission will be the Contractor’s standard commission. 75 percent of the broker’s commission will be paid 30 calendar days after Lease award and the remaining balance (25 percent) will be paid 30 calendar days after acceptance of the property by the VA Medical Center.

13. Does ORP intend to the Module 3 due diligence services for non-lease requirements to include land acquisition, NCA support, etc? Historically, this vehicle has been used in this capacity; will this new contract effort continue to support Land Acquisition and Strategic Utilization and Land Management Division?

No, land acquisition services are not included in the current PWS.

14. The solicitation states text shall be no smaller than 11 point Arial. Please confirm that text in tables and graphics may be no smaller than 9 point font, which is typical for digital proposals.

Arial 11 point font shall be used the entire proposal including tables and graphics.

15. As Factor 1 requires a listing of projects, request that VA consider removing the page limitation. The first component requests a list of all projects similar in scope and complexity and the second component requests a list of completed projects. We request the page limitation be removed as projects can be in both categories and because the volume of projects could exceed 7 pages.

Factor 1 page limit is increased to 10 pages limit.

16. There seems to be a discrepancy between what is requested to be submitted and what will be evaluated for Factor 1 Firm Experience. The page 65 submission requirement asks for a listing of projects across Module 1, 2, and 3 as well as completed lease projects in the past (5) years. The page 71 evaluation description only references lease transactions (in particular a detailed description of (5) projects). There is no evaluation of Module 2 and 3 projects that were referenced on page 65. Please confirm clearly what is required to be submitted for each Module and what will be evaluated. Factor 1- Firm Experience, includes the evaluation of offeror’s ability to manage lease transactions, which encompasses Modules 1, 2 and 3 services.

Refer to Volume I – Technical Proposal description on page 65. Refer to Evaluation Factors description on page 71.

17. Staffing plan requirements state that personnel must demonstrate completion of lease procurement and procedures training as described in the PWS. Please confirm the minimum requirement is that only two team members meet this requirement per Training section on Page 10.

The training requirement is applicable for at least two firm members that will be performing the services at the task order level.

18. Please confirm that partnership/co-brokerage agreements do not need to be in place for IDIQ proposal submission and that offeror proposals now only need provide a plan for forming partnership/co-brokerage agreements at the TO level when needed. Please note that if these agreements must be in place it will likely result in higher rates to VA as typically these agreements are specific to each opportunity to mitigate risk. If partnership/co-brokerage agreements need to be in place now, please confirm that providing evidence of these is outside of the 3 page limitation for this Subfactor 3.

The offeror shall provide a copy of the current state(s) broker license in the United States of America, or District of Columbia, or Commonwealth of Puerto Rico with the submittal of the IDIQ proposal. In addition, Offeror shall provide licenses, team arrangement(s), partnerships, co-brokerage agreements, or a detailed plan demonstrating the ability to provide broker licenses to support leasing actions in all 50 States, District of Columbia or Commonwealth of Puerto Rico at the task order level. Subfactor 3 page limit is increased to 5 pages.

19. Subfactor 2 is limited to 10 pages maximum but also requires inclusion of resumes and professional credentials of every staff member proposed for this solicitation. Please confirm that resumes are excluded from the page count as resumes alone would more than take up the 10 pages for an offeror with a large staff of qualified VA project personnel and limits the ability to show the full staffing plan and team as required by the solicitation.

Subfactor 2 page limit is increased to 20 pages, including resumes.

20. Can you further define your tiered approach, specifically the scoring weights, if any, given to VSOB vs SDVSOBs?

Tiered evaluation is described on page 70 of the solicitation.

21. Will VOSBs be awarded the contract if there are 9 qualified SDVOSBs?

Tiered evaluation is described on page 70 of the solicitation.

22. Is the SDVOSB/VOSB required to meet the licensing regulations of each state or is it acceptable if their non SDVOSB/VOSB partner(s) meets those requirements?

Refer to response provided for question #18.

23. Can you provide clarity with regards to the past performance requirements of the SDVOSB/VOSB, specifically whether “past performance” has to be as the entity proposing to perform the services or can “past performance” can be attributable to the SDVOSB/VOSB’s prior experience at another firm?

Past performance must demonstrate the offeror's ability to successfully perform Module 1, 2 and 3 services included in the solicitation.

24. Small Business including SDVOSB however the solicitation says only SDVOSB or VOSB, please clarify?

Refer to block 20 of page 1 of the solicitation.

25. Define Offeror – Prime and its critical subs, partners?

The offeror is the prime contractor.

26. What represents a Conflict of Interest?

Refer to attachment Exhibit 2 and 3 forms.

27. Past and current VA National Broker contracts have not included the Module 2 scope. Our most relevant projects to all other aspects of the PWS are lease acquisitions for VA medical outpatient clinics. Please explain how VA will evaluate this Module 2 scope.

Refer to Evaluation Factors description on page 71.

Refer to response provided for question #16.

28. Subfactor 3: Broker License, could you please clarify this requirement? Are you requiring a copy of the offeror’s broker licenses in all states where it is licensed plus copies of each team members licenses where they are licensed plus teaming arrangements or plans for covering states/Puerto Rico where the offeror is not licensed? What constitutes an acceptable “plan” for coverage?

Refer to response provided for question #18.

29. What is the minimum number of contracts VA will award?

The Government will award up to nine (9) contracts resulting from this solicitation. Additionally, the Government reserve the right to make additional contracts award, if determined it’s in the best interest of the Government.

30. Will “same” projects be more highly rated/favorably evaluated than “similar” projects?

No. The word “Same” is being deleted from Evaluation Factor 1 - Firm Experience.

31. “Similar” is defined as lease projects comparable to a value project at or over 15,000 NUSF. Will all “similar” projects be evaluated equally? If not, what “similar” projects will be more highly rated/favorably evaluated than other “similar” projects?

Similar lease projects will be evaluated based on the offeror’s ability to perform Module 1, 2 and 3 services and offeror’s experience with comparable project(s) at or over 15,000 NUSF.

32. Can VA estimate how many leases/acquisitions there will be either monthly or yearly? Having an estimate will allow me to better forecast my staffing requirements for this bid.

CFM is estimating 23 major leases. Additionally, VHA is estimating over 1000 lease actions by end of FY 2025.

33. Under Module 3, the VA notes that the contractor is “responsible for verifying that all subcontractors possess industry-specific qualifications…” Question: Would the VA consider requiring that due diligence subcontractors be named in the proposal submittal?

It is the contractor’s responsibility to verify subcontractors possess industry-specific qualifications.

34. Is “Factor 1, Firm Experience” attributable to only the SDVOSB contractor as performed under its current entity or may it include the experience earned at a previous firm?

The solicitation requires the contractor provide experience under the offering entity. The contractor should list relevant experience in their submission.

35. Can “Factor 1, Firm Experience” include that of the SDVOSB’s team/subcontractors?

No, if subcontractor(s) is not part prime contractor.

36. Do we submit the PPQs from our clients only or may it include that of our teaming partners/subcontractors?

PPQ’s pertain to the offeror, however, offerors may submit PPQ’s of joint venture or teaming arrangement (if applicable) for consideration.

37. Do we submit pricing for Modules 2 and 3 in this proposal submission or will that pricing be competed solely when each task order/project is solicited?

Module 2 and 3 pricing will be requested/competed at the task order level.

38. Can you confirm/reconfirm that brokerage fees will be recompeted for each task order/assignment as opposed to what is submitted in the contractors’ proposals?

Module 1 services will be requested/competed at the task order level.

39. Can you confirm that the contractor will be required to perform lease acquisitions services on leases smaller than 10,000 SF?

Requirements for CLIN 0001 below 10,000 NUSF will be competed at the task order level.

40. Several states have licensing requirements that prevent anyone that does not have a real estate license in that respective state from engaging in any real estate activities and/or negotiations. In such instances, the contractor’s local representatives will be required to handle the majority, if not all, of the assignment, including each of the scope obligations and negotiations. Should this occur, will the contractors’ local representatives be obligated to meet VA’s training requirements?

Refer to response provided for question #7.

41. How is the VA defining "Offeror" for past performance experience? Specifically, can we use teaming partners and critical subcontractor team member experience to demonstrate appropriate past performance?

Refer to response provided for question #25. Also, refer to response provided for question #36.

42. Is "Prime" and "Offeror" used synonymously? If not, how are these defined?’

Yes, the offeror is the prime contractor.

43. If awarded, is it a requirement for the prime contractor to submit price and technical proposals on every TO solicitation or just for modules other than module 1?

Yes, each task order solicitation will include specific technical and price requirements for all appliable modules needed on a project by project basis.

44. When do you expect to award the IDIQ?

December 2020 - January 2021.

45. For bid and planning purposes, how long after the IDIQ award will task orders be issued for bid? Task order solicitation will be issued on an as-needed basis.

46. Is the VA expecting a copy of each broker license in all 50 states at the time of the proposal submission? Do they expect a list, or is an explanation of plan and appropriate teaming agreement sufficient?

Refer to response provided for question #18.

47. Approximately what type of task order volume does the VA anticipate on an annual basis? More specifically, in order to underwrite participation in this contract, what assumptions can each vendor make in terms of transaction volume, transaction size, or fees.

Refer to response provided for question #32.

48. Will the VA provide financial support or access to GSA/VA on the six required modules for task order awards? (Six modules being: Lease Acquisition Training, Cost and Price Analysis for Leases, Real Property Law, Techniques in Negotiating Federal Real Property Leases, Best Value Source Selection and Fundamentals of Appraisals).

No.

49. Can the VA provide a breakdown of how many potential leasing assignments will be clinical vs non-clinical?

VA receives leasing delegation authority from GSA on a project by project bases. Leasing requirements will be defined at the task order level.

50. Do the LEED/green lease and other GSA requirements hold for ALL leasing assignments, including clinical? And if in clinical, in existing buildings? (And if so, wondering if there are waivers of any sort. Not many LEED medical office buildings in rural America).

CFM requires buildings meet Green Globe standards. Requirements will be set forth by the ordering VA office.

51. Will potential assignments include build-to-suit leases and could those encompass hospitals or other large clinical healthcare requirements? If so, a $1.5M cap will make it difficult to provide the all necessary real estate related services.

Yes, Task Orders will be issued for build-to-suit and existing facilities. These facilities will be for medical and non-medical space. The commission rate shall not exceed $1.5 Million for services under Module 1. The single Task Order limit is increased from $1,500,000.00 to $3,000,000.00.

52. Will the potential task orders include ground leases or property purchase? In our experience a healthcare facility that owns a site that is leasing ground to the VA may be unwilling to pay a commission on the ground lease transaction.

Broker commission is paid on the lease. The VA inserts broker commission language into the lease.

53. Can you please clarify pricing template provided? Specifically, the VA provided a chart (page 4 of solicitation) that asks for a unit price and amount. We anticipate collecting a fee from the landlord (or Lessor) as appropriate in each geographic market. The form provided, specifically unit price and amount, does not lend itself to quoting commission percentages.

CLINs 0001 thru 0004 and option year periods commission fee percentages will be used as the commission for Module 1 services. See revised section B.2 PRICE/COST SCHEDULE.

54. Commissions vary greatly from market to market. However, the template indicates that we should provide a standard rate across all markets. How can we reconcile the variances from market to market?

The commission rate listed for each CLIN in Module 1 remains unchanged, however the fee will be calculated on the value of the lease in the particular market.

55. Commissions do not generally vary based on transaction size in any given market. However, the template asks us to quote a rate depending on transaction size. Can you clarify the VA's intent? Refer to response provided for question #53 and #54.

56. Please confirm that the $1.5 million cap will encompass all modules for the specific task order. The concern is in certain instances (for example a new hospital building), the duration of work may span several years and require multiple services such as construction management (module 2) and due diligence (module 3) that can easily exceed the $1.5 million cap. Or can some services (eg. construction management services) be charged separately?

The commission rate shall not exceed $1.5 Million for services under Module 1. Module 2 and 3 services are separate from Module 1 commission rate and can be added to a task order as separately priced CLINs or as standalone task order.

57. Related to the questions above, on transactions where market rate commissions paid by the landlord would exceed the $1.5 million threshold specified on page 8 of the solicitation, what is the purpose of capping the potential commission earned?

The commission rate shall not exceed $1.5 Million on any one lease under Module 1 services listed in CLINs 0001 thru 0004 (or applicable option CLINs).

58. In some instances, especially with respect to lease renewals, landlords may not want to pay market commissions. Will the VA protect contractor to ensure market commissions are paid?

Yes. VA would not award the lease extension without the proper language to address commission compensation of the contractor.

59. Post Award Activity – Will there be a CLIN for post award activity (training, project management etc.)?

Post-Award activity is included under Module 2 services and will be competed at the task order level.

60. Do we have to compete for all Task Orders or a percentage of them to maintain our award?

Task order competition is highly recommended.

61. There are so many unknowns, can we offer Assumptions for pricing?

No.

62. Regarding Solicitation page 66 of 89, Offer, Amendments, and Certifications & Representations: Should Offerors include response to this item within the Volume II: Price Proposal, or as a separate Volume?

Offer, Amendments, and Certifications & Representations should be included with Volume II – Price Proposal.

63. What is the total number of leases projected for 2021?

Refer to response provided for question #32.

64. Please confirm that key personnel resumes are excluded from the stated page limit for Factor 2, Subfactor 2: Staffing Plan.

Refer to response provided for question #19.

65. On paragraph B2. Price/Cost Schedule. I request clarification on the "UNIT" cost for CLIN 004. Should that be a commission fee similar to CLIN 001-003 or priced as a FFP i.e. $250,000 per Job? You have it listed as "FEE" of the option years.

See updated section B2. Price/Cost Schedule.

66. Page 9: “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.” Please clarify this statement, will contractors receive an awarded task order and then be asked to provide a formal technical and/or pricing bid related to the work?

After the IDIQ contracts are awarded, contractors will have an opportunity to submit an offer at the task order level. Individual task orders will be competed in accordance with FAR Part 16.505 Fair Opportunity procedures.

67. Page 20: GREX Support: Will the contractor actually be accessing GREX for the projects or just supplying the documentation that others will upload into GREX?

The contractor will not access or utilize GREX. Contractors will submit documentation that will be uploaded into GREX by VA or contractor personnel.

68. Page 17: TEB Services, please define “provide equipment or space if necessary”. Will the contractor be asked to provide computers?

The contractor must provide equipment (ex: easel, projector, projector screen, etc.) and space (conference room, library room, etc.) to support lease acquisition services, if necessary. The contractor will not be asked to provide computers.

69. Page 26: Please explain Module 2 and how it will work: Will these items be randomly assigned? Module 2 services will be requested/competed at the task order level.

70. Are they tied to a Module 1 lease acquisition project or can they be assigned as ancillary items for another firm’s project?

Services for Module 1, and/or 2, and/or 3 will be issued on a project by project needs basis.

71. Some of these items, such as change orders and TI pricing, have been part of the Post Award work under Module 1 in the past, will they no longer be part of Post Award requirements when executing a Module 1 project?

Refer to PWS - Module 1 for services performance description.

72. Page 27: Market research and analysis: Will this report be related to an actual Module 1 procurement also being handled by the same contractor?

Market research and analysis is part of Module 2 services and this task will be issued on project by project needs basis.

73. Can VA provide a sample Market Research report that exemplifies their best practices for this type of analysis?

No.

74. Can VA clarify what is being requested below: A conclusion must be provided with a sound recommendation about the project.

a. Jobs Economic Development Impact Model

b. Project Development and On-Site Labor Impacts

c. Local Revenue and Supply Chain Impacts

d. Induced Impacts The three items depicted in an infographic, PowerPoint, or briefing sheet of no more than one page. There are four items listed, so do you mean three of those four, or all four of them, or something else? These items are beyond the scope of brokerage work and would require a market research firm which is a separate NAICS code.

A conclusion must be provided for A-D. These items (A-D) can be provided as infographic in PowerPoint or a Briefing Paper of no more than one page. The contractor will need to have the proper resources to satisfy this requirement.

75. Page 30: Module 3 - Due Diligence Services: Will the contractor only be tasked with handling due diligence services on projects that they are executing under Module 1?

No. Module 3 services will be requested/competed at the task order level on a project by project basis.

76. If contractors can be tasked for projects under Module 3 only, please provide an example of when the contractor would be used, ie, to handle this work for other contractor’s Module 1 projects, to assist the Land Group with due diligence services on parcels they are trying to acquire, etc.

Refer to response provided for question #13.

77. Page 36: Will contractors be asked to bid Module 3 services prior to an actual site/project being identified, before the actual procurement begins? If so, please reconsider this model as it can unfavorably skew the proposal pricing as vendors have to plan for the unknown, perhaps a year out, and it usually isn’t realistic or indicative of how the final project lays out, yet a good contractor has to plan for the financial unknowns. It can also cause the VISN to obligate additional funds for the unknown which could have been redirected to other services for the veterans.

Yes. This model represent the current practice.

78. Page 36: A whole paragraph on General Wage Determination under Service Contract Act…? Is this a service Contract? Why is this paragraph in the contract?

Service Contract Act (SCA) wage rate(s) if applicable, will be included at the task order level on a project by project basis.

79. Page 37: Please define what would constitute a revision or change to the Quality Control Plan that would require approval by the CO? Firms are always looking to improve their processes and procedures; would every minor change need to be approved?

Yes, revisions or changes to the Quality Control Plan must be submitted and approved by the Contracting Officer.

80. Page 37: As this is a set-aside contract for SDVOSB and VOSB entities, why would a Small Business Subcontract be needed and/or evaluated under Contract Quality Assurance?

This information assists the Government when preparing the contractor CPARS ratings and ensures compliance with VAAR 852.219-10 - VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

81. Page 44: C.3.(b)(3) Cannot have a series of orders exceeding $1.5M per 365 day period? In many cases, this would limit each contractor to one assignment per time period. If a contractor is awarded a task order that has been assumed to have a commission payment of $1.5M does this clause mean VA cannot issue another task order under this contract to the same contractor for the next 365 days? The single Task Order limit increased from $1,500,000.00 to $3,000,000.00.

Section C.3 is FAR 52.216-19(b) - ORDER LIMITATIONS (OCT 1995), is updated as follows:

(1) Any order for a single item in excess of $3,000,000.00.

82. Past Performance Questionnaire, Page 3: There are two different definitions of “Acceptable” under the Adjective Rating Definitions, please clarify which one is to be used by the person completing the form. Please keep in mind that this form is due back on September 30th so it is imperative to provide this clarification in a timely manner.

See revised Past Performance Questionnaire 20 2.0 form.

83. Can we use projects less than 15,000 sf if they are federal government lease procurements representing VA or other agencies? The procurement steps for a 5,000 sf lease are the same as a large lease and are more relevant than a nonfederal gov’t lease.

Yes, Federal lease project(s) below 15,000 NUSF will be evaluated as a part of the offeror’s experience.

84. Please confirm that submission and evaluation of Experience (Factor 1) and Past Performance (Factor 3) of Module 1 lease acquisition support services will be for projects performed by the offering entity/firm and not that of subcontractors or proposed key personnel. VA should be evaluating Module 1 experience of the firm to mitigate performance risk.

Yes. Additionally, the offering entity/firm submission for Module 1, 2 and 3 will be evaluated. Technical Proposal shall represent the offeror’s submission for technical factors included in the solicitation.

85. If the IDIQ awards ultimately include SDVOSB and VOSB firms, please confirm that competition at the task order level will be limited to SDVOSBs as long as there are two or more SDVOSB awardees in accordance with Kingdomware and the Rule of Two (38 U.S.C. 8127).

The Rule of Two is applicable at the Task Order level.

86. Will the different Modules be awarded separately?

No. The IDIQ contract will include the all 3 Modules described in the PWS.

87. Please confirm a JV between an SDVOSB non-licensed Broker with a VOSB Licensed Broker be weighed/evaluated the same as a SDVOSB?

If the offeror is proposing as a joint venture, the arrangement shall be outlined and the legal entity registered as SDVOSB or VOSB in Vendor Information Pages (VIP). The application process for the verification of a joint venture is the same application process for the verification of any other Service-Disabled Veteran-Owned Small Business (SDVOSB) or Veteran-Owned Small Business (VOSB).

88. The Beta.Sam.gov record reflects "Solicitation". Can the government confirm this is still presolicitation?

The Request for Proposal (RFP) 36C10F20R0073 | Lease Acquisition Support Services was issued on August 14, 2020.

89. Can the government provide any details on the specific instructions to vendors for their submissions (typically Section L)?

Refer to pages 1 and 64 of the RFP attachment 36C10F20R0073_F.

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f) Provide amended sections of solicitation (which encompasses applicable VA responses to received RFIs) as follows:

Page 4: See revised section B.2 Price/Cost Schedule (attachment).

Page 8: Update Task Order limit.

MINIMUM VALUE: $1,000.00 per awardee MAXIMUM VALUE: $30,000,000.00 per awardee Task Order shall not exceed $3,000,000.00.

Page 15: Update Module 1 – Lease Acquisition Support Services CLINs 0001 thru 0004

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:

Page 24: Update Commission:

Commission: The Commission is the percentage of the Aggregate Lease Value that the Contractor will receive as compensation for CLINs 1 thru 4 (including option CLINs, if applicable). In markets where it is common practice to calculate commission as a rate per square foot or fixed amount, commission shall be converted as a percentage of the Aggregate Lease Value. The Contractor’s commission is paid to the Contactor by the lessor in accordance with the terms of the lease and this contract. The commission will be the Contractor’s standard commission. 75 percent of the broker’s commission will be paid 30 calendar days after Lease award and the remaining balance (25 percent) will be paid 30 calendar days after acceptance of the property by the VA Medical Center.

Page 44: Update FAR Clause 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $3,000,000.00;

(2) Any order for a combination of items in excess of $30,000,000.00; or

(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

Page 57: Add FAR clause to Section C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

Page 63: Provide SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document: S06 Pre-Proposal Conference Sign-up Sheet 09-02-20.

See attached document: S06 36C10F20R0073 Pre-proposal Conference PowerPoint.

See attached document: S06 Revised Section B.2 PRICE-COST SCHEDULE.

See attached document: S02 Past Performance Questionnaire 20 2.0.

Page 64: SUBMISSION AND CONTENT OF PROPOSALS

The Offeror’s proposal shall be submitted via email with the subject: 36C10F20R0073 | Real Estate Acquisition Support Services (FY21 New Broker IDIQ) to Catalin Parfenti at email address Catalin.Parfenti@va.gov. All proposals shall be submitted no later than October 14, 2020 at 3:00 PM ET.

Page 65: Each proposal volume shall be sufficiently complete and organized containing all essential information addressing the requirements in the solicitation (which encompasses Modules 1, 2 and 3 services), to ensure that the evaluation can be made on the basis of its content. It is important that the technical proposal follow the identified format and page limitations as deviation from required format may result in a proposal receiving a lower rating or being found unacceptable. Page limitations for responding to the evaluation factors and subfactors are stated within the individual evaluation factor or subfactor.

Volume I – Technical Proposal shall consist of the following:

Factor 1: Firm Experience (limited to maximum of 10 pages)

Factor 2: Subfactor 2: Staffing Plan (limited to 20 pages maximum) Subfactor 3: Broker License (limited to 5 pages maximum)

Page 69: Add provisions to Section E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

Page 70: EVALUATION OF PROPOSALS

The Government will evaluate each of the offeror’s proposals with respect to the technical evaluation factors (which encompasses Modules 1, 2 and 3 services), and their associated submission requirements set forth below.

Volume I: Technical Proposal

Page 71: Factor 1: Firm Experience The proposal must demonstrate the offeror’s ability to manage lease transactions (which encompasses Modules 1, 2 and 3 services) and relevant experience same or similar in nature to the leases described in this solicitation. “Similar” is defined as lease projects comparable to value project at or over 15,000 NUSF. The offeror should submit a detailed description of five (5) projects performed within the past five (5) years.

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g) Attachments:

See attached document: S06 Pre-Proposal Conference Sign-up Sheet 09-02-20.

See attached document: S06 36C10F20R0073 Pre-proposal Conference PowerPoint.

See attached document: S06 Revised Section B.2 PRICE-COST SCHEDULE.

See attached document: S02 Past Performance Questionnaire 20 2.0.

All other terms and conditions will remain unchanged

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