36C10F20R0073 0005.docx

36C10F20R0073 | A0005

36C10F20R0073 | A0005

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 NUMBERE

D 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 amendmen t, 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) 10-20-2020 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 ** HOUR & DATE for Receipt of Offers is EXTENDED to: October 28, 2020 by 3:00 PM

ET

See CONTINUATION Page X The purpose of Amendment 0005 is to provide solicitation updates as follows on the continuation page.

All other terms and conditions will remain unchanged.

Catalin M. Parfenti

CONTINUATION PAGE

Real Estate Acquisition Support Services

The purpose of amendment A0005 is to provide the following:

a) The proposal due date is extended from October 21, 2020 to October 28, 2020 at 3:00 PM ET.

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

c) Provide Individual Deviation to FAR 52.249-4, Termination for Convenience of the Government (Services) (Short Form) (Apr 1984) appliable to services under Module 1 – Lease Acquisition Support Services CLINs 0001 thru 0004 (Option Year CLINs as applicable).

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b) Questions and responses to the solicitation (VA Answers are provided in red):

1. Page 25: Commission Agreement: “The written agreement between the lessor and the broker outlining the agreed upon commission and terms shall be in accordance with the guidance provided in the lease.” Under Real Estate law to claim a commission under Breach of Contract an agreement must be in writing between the broker and the principal. Having the commission stated in the lease does not cover the broker/principal relationship that may need to be established if under a teaming arrangement with an out of state brokerage firm, or if a national firm is operating under a different entity name in a specific state, and therefore will not cover the laws for collecting a commission. Under all other VA contracts, since NBC1, the commission agreement is part of the procurement package and is the legal instrument brokers need to get ensure payment. This is a state real estate agency issue in every state, that commission needs to be in writing, and a Federal Agency should not interfere with this practice.

The terms for paying commission are outlined in the lease which states that commission will be paid on the lease award. The terms for paying the commission are governed by the lease and the commission agreement executed by the lessor and the broker. If the Developer (Landlord) defaults on the lease, the VA has a right to stop rental payments and take other legal actions to enforce the lease.

2. Page 25: “any commission paid by awardee to the Contractor is to be returned to the awardee within 30 calendar days following the receipt of written notice from the Government of termination of the lease”: Is there a timeframe which this is effective, or at any time is the contractor supposed to repay a commission if the Government chooses to terminate the lease?

The Contractor is to be returned the commission in 30 days from receipt of the notice to terminate the lease. There is no time limit on Government’s termination of the lease.

3. Second, under real estate agency law a contractor earns their commission when they produce a “ready, willing, and able buyer” and to solidify that, have a “Procuring Cause”, which representing VA in the transaction would be, adds to when a contractor earns their commission. Whether the lease is cancelled after award should not be a factor of whether a firm is allowed to keep the earned commissions. In addition, this is a contractual matter between the owner/principal and broker governed by State Law and should not be addressed by a Federal Agency.

VA’s contract/task order with the broker is governed by the law of the contract including but not limited to Federal Acquisition Regulations (FAR).

c) Provide FAR 52.249-4, Termination for Convenience of the Government (Services) (Short Form) (Apr 1984) (DEVIATION) applicable to services under Module 1 – Lease Acquisition Support Services CLINs 0001 thru 0004 (Option Year CLINs as applicable).

52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES) (SHORT FORM) (APR 1984) (DEVIATION)

As prescribed in 49.502(c), insert the following clause in solicitations and contracts for services, regardless of value, when a fixed-price contract is contemplated and the Contracting Officer determines that because of the kind of services required, the successful offeror will not incur substantial charges in preparation for and in carrying out the contract, and would, if terminated for the convenience of the Government, limit termination settlement charges to services rendered before the date of termination:

Termination for Convenience of the Government (Services) (Short Form) (APR 1984) (DEVIATION)

The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. The Government shall not be liable for payment of real estate broker commissions if the contract is terminated for convenience of the Government or for default prior to award of the lease or contract awarded under this task order.

(End of clause)

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