36C248-18-R-0232-001.pdf

GSA FORM R100 (09/15)

GSA REQUEST FOR LEASE PROPOSALS NO.

36C248-18-R-0232

ZEPHYRHILLS, FL

(PASCO COUNTY)

Offers due by 1/16/2018

In order to be considered for award, offers conforming to the requirements of the RLP shall be received no later than 1600 (4:00p.m.) EST on the date above. See “Receipt Of Lease Proposals” herein for additional information.

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

The information collection requirements contained in this Solicitation/Contract, that are not required by the regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No.

3090-0163.

GLOBAL RLP

TABLE OF CONTENTS

GLOBAL RLP

SECTION 1 STATEMENT OF REQUIREMENTS

1.01 GENERAL INFORMATION (SEP 2015)

1.02 AMOUNT AND TYPE OF SPACE, LEASE TERM, AND OCCUPANCY DATE (SEP 2015)

1.03 AREA OF CONSIDERATION (JUN 2012)

1.04 NEIGHBORHOOD, PARKING, LOCATION AMENITIES, AND PUBLIC TRANSPORTATION (SEP 2013)

1.05 LIST OF RLP DOCUMENTS (SEP 2015)

1.06 AMENDMENTS TO THE RLP (JUN 2012)

1.07 LEASE DESCRIPTION (SEP 2015)

1.08 RELATIONSHIP OF RLP BUILDING MINIMUM REQUIREMENTS AND LEASE OBLIGATIONS (JUN 2012)

1.09 PRICING OF SECURITY REQUIREMENTS (SEP 2012)

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

1.11 INSPECTION—RIGHT OF ENTRY (JUN 2012)

1.12 AUTHORIZED REPRESENTATIVES (JUN 2012)

SECTION 2 ELIGIBILITY AND PREFERENCES FOR AWARD

2.01 EFFICIENCY OF LAYOUT (AUG 2011)

2.02 FLOOD PLAINS (JUN 2012)

2.03 HISTORIC PREFERENCE (SEP 2013)

2.04 ASBESTOS (JUN 2012)

2.05 ACCESSIBILITY (SEP 2013)

2.06 FIRE PROTECTION AND LIFE SAFETY (SEP 2013)

2.07 ENERGY INDEPENDENCE AND SECURITY ACT (SEP 2015)

2.08 ENVIRONMENTAL CONSIDERATIONS (SEP 2013)

2.09 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS - RLP (SEP 2014)

2.10 NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS - RLP (SEP 2014)

SECTION 3 HOW TO OFFER

3.01 GENERAL INSTRUCTIONS (JUN 2012)

3.02 RECEIPT OF LEASE PROPOSALS (SEP 2013)

3.03 PRICING TERMS (SEP 2015)

3.04 BUDGET SCOREKEEPING; OPERATING LEASE TREATMENT (APR 2011)

3.06 ADDITIONAL SUBMITTALS (SEP 2015)

3.07 TENANT IMPROVEMENTS INCLUDED IN OFFER (SEP 2015)

3.08 LEED FOR COMMERCIAL INTERIORS (JUN 2012)

3.10 OPERATING COSTS REQUIREMENTS INCLUDED IN OFFER (JUN 2012)

SECTION 4 METHOD OF AWARD

4.01 NEGOTIATIONS (JUN 2012)

4.02 HUBZONE SMALL BUSINESS CONCERN ADDITIONAL PERFORMANCE REQUIREMENTS (SEP 2015)

4.03 AWARD BASED ON PRICE (JUN 2012)

4.04 OTHER AWARD FACTORS (JUN 2012)

4.05 PRESENT VALUE PRICE EVALUATION (SEP 2015)

4.06 AWARD (APR 2015)

SECTION 5 ADDITIONAL TERMS AND CONDITIONS

RLP NO. 36C248-18-R-0232, PAGE 1 GSA FORM R100 (09/15)

REQUEST FOR LEASE

PROPOSALS NO. 36C248-18-R-0232 GLOBAL RLP GSA FORM R100 (SEP 2015)

SECTION 1 STATEMENT OF REQUIREMENTS

1.01 GENERAL INFORMATION (SEP 2015)

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

B. Included in the RLP documents is a lease form (GSA Form L100) setting forth the lease term and other terms and conditions of the Lease contemplated by this RLP and a GSA Proposal to Lease Space (GSA Form 1364) on which Offeror shall submit its offered rent and other price data, together with required information and submissions. The Lease paragraph titled “Definitions and General Terms” shall apply to the terms of this RLP.

C. Do not attempt to complete the lease form (GSA Form L100). Upon selection for award, GSA will transcribe the successful Offeror’s final offered rent and other price data included on the GSA Form 1364 into the lease form, and transmit the completed Lease, including any appropriate attachments, to the successful Offeror for execution. Neither the RLP nor any other part of an Offeror’s proposal shall be part of the Lease except to the extent expressly incorporated therein. The Offeror should review the completed Lease for accuracy and consistency with his or her proposal, sign and date the first page, initial each subsequent page of the Lease, and return it to the Lease Contracting Officer (LCO).

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

1.02 AMOUNT AND TYPE OF SPACE, LEASE TERM, AND OCCUPANCY DATE (SEP 2015)

A. The Government is seeking approximately 14,014 of American National Standards Institute/Building Owners and Managers Association (ANSI/BOMA) Office Area (ABOA) square feet (SF) of contiguous space within the Area of Consideration set forth below.

See Section 2 of the Lease for applicable ANSI/BOMA standards (ANSI/BOMA or ABOA is the equivalent to net usable square feet or NUSF).

B. The Space shall be located in a modern quality Building of sound and substantial construction with a facade of stone, marble, brick, stainless steel, aluminum or other permanent materials in good condition and acceptable to the LCO. If not a new Building, the Space offered shall be in a Building that has undergone, or will complete by occupancy, modernization or adaptive reuse for the Space with modern conveniences.

C. The Government requires 84 surface/outside parking spaces, reserved for the exclusive use of the Government. These spaces must be secured and lit in accordance with the Security Requirements set forth in the Lease. Offeror shall include the cost of this parking as part of the rental consideration.

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

If antenna space is required, specifications regarding the type of antenna(s) and mounting requirements are included in the agency requirements information provided with this RLP.

E. Approximately 100 NUSF will be used for the operation of a vending facility under the provisions of the Randolph-Sheppard Act (20 USC 107 et. seq.). The Government will control the number, kind, and locations of vending facilities and will control and receive income from all automatic vending machines. Offeror shall provide necessary utilities and make related alterations. The cost of the improvements is part of Tenant Improvement (TI) costs. The Government will not compete with other facilities having exclusive rights in the Building. The Offeror shall advise the Government if such rights exist.

E. The Government may provide vending machines within the Government's leased area under the provisions of the Randolph- Sheppard Act (20 USC 107 et. seq.). If the Government chooses to provide vending facilities, the Government will control the number, kind, and locations of vending facilities and will control and receive income from all automatic vending machines. Offeror shall provide necessary utilities and make related alterations. The cost of the improvements is part of Tenant Improvement (TI) costs. The Government will not compete with other facilities having exclusive rights in the Building. The Offeror shall advise the Government if such rights exist.

F. The lease term shall be 10 Years, 5 Years Firm, with Government termination rights, in whole or in part, effective at any time after the Firm Term of the Lease by providing not less than 90 days’ prior written notice.

G. The Lease Term Commencement Date will be on or about TBD Oct 31, 2018, or upon acceptance of the Space, whichever is later.

RLP NO. 36C248-18-R-0232, PAGE 2 GSA FORM R100 (09/15)

1.03 AREA OF CONSIDERATION (SEP 2015)

The Government requests Space in an area bounded as follows:

North: Clinton Ave.

South: W. County Line Rd.

East: Highway 471 West: Highway 579 Location is within 5 mile of the Central Business District Zephyrhills Buildings that have frontage on the boundary streets are deemed to be within the delineated Area of Consideration.

1.04 NEIGHBORHOOD, PARKING, LOCATION AMENITIES, AND PUBLIC TRANSPORTATION (SEP 2013)

A. INSIDE CITY CENTER: Space shall be located in a prime commercial office district with attractive, prestigious, and professional surroundings with a prevalence of modern design and/or tasteful rehabilitation in modern use. Streets and public sidewalks shall be well maintained. A variety of inexpensive or moderately priced fast-food and/or eat-in restaurants shall be located within the immediate vicinity, as determined by the LCO. One or more public or campus bus lines usable by tenant occupants and their customers shall be located within the immediate vicinity of the Building, but generally not exceeding 1 mile, as determined by the LCO. Amenities must be existing or the Offeror must demonstrate to the Government’s reasonable satisfaction that such amenities will exist by the Government’s required occupancy date.

B. OUTSIDE CITY CENTER: Space shall be located 1) in an office, research, technology, or business park that is modern in design with a campus-like atmosphere; or, 2) on an attractively landscaped site containing one or more modern office Buildings that are professional and prestigious in appearance with the surrounding development well maintained and in consonance with a professional image. Adequate eating facilities shall be located within the immediate vicinity of the Building, but generally not exceeding a walkable ½ mile, as determined by the LCO. Amenities must be existing or Offeror must demonstrate to the Government’s reasonable satisfaction that such amenities will exist by the Government’s required occupancy date.

1.05 LIST OF RLP DOCUMENTS (SEP 2015)

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

DOCUMENT NAME

NO. OF

PAGES EXHIBIT

Lease No. VAXXX-XX-X-XXXX (Form L100) 44 A

Security Requirements for Level I 4 G

GSA Form 3516, Solicitation Provisions 5 B

GSA Form 3517B, General Clauses 15 C

Proposal to Lease Space (GSA Form 1364) 5 D

GSA Form 1217, Lessor's Annual Cost Statement 2 E

GSA Form 3518-SAM, Addendum to System for Award Management (SAM) Representations and Certifications (Acquisitions of Leasehold Interests in Real Property)

10 F

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

7 H

1.06 AMENDMENTS TO THE RLP (JUN 2012)

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

1.07 LEASE DESCRIPTION (SEP 2015)

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

B. The Lease contemplated by this RLP includes:

1. The term of the Lease, and renewal option, if any.

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

3. Building Shell standards and requirements.

4. Information concerning the tenant agency's buildout requirements, to be supplemented after award.

RLP NO. 36C248-18-R-0232, PAGE 3 GSA FORM R100 (09/15)

5. Security Requirements.

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

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

D. The Lease contemplated by this RLP is a fully serviced, turnkey Lease with rent that covers all Lessor costs, including all shell upgrades, TIs, operating costs, real estate taxes, and security upgrades. Rent shall be based upon a proposed rental rate per Rentable Square Foot (RSF), limited by the offered rate and the maximum NUSF solicited under this RLP. The Tenant Improvements to be delivered by the Lessor shall be based upon information provided with this RLP and Lease, including Agency Specific Requirements. The Lessor shall be required to design and build the TIs and will be compensated for the TI costs based upon turnkey pricing established under the Lease. Offerors are encouraged to consider the use of existing fit-out and other improvements to minimize waste. However, any existing improvements must be deemed equivalent to Lease requirements for new construction, and Offerors are cautioned to consider those requirements before assuming efficiencies in its TI costs resulting from use of existing improvements.

After award, the Lessor must prepare Design Intent Drawings (DIDs) for the leased Space conforming to the Agency Specific Requirements. The Government will have the opportunity to review the Lessor's DID's to determine that the Lessor's design meets the requirements of the Lease. Only after the Government approves the DIDs will the Lessor be released to proceed with buildout.

The Lease also provides that the Government may modify the TI requirements, subject to the Lessor's right to receive compensation for such changes.

E. The security pricing process is described in a separate paragraph.

F. Upon completion and acceptance of the leased Space, the Space will be measured for establishing the actual annual rent, and the lease term shall commence. During the term of the Lease, rent will be adjusted for changes to the Lessor's operating costs and real estate taxes, pursuant to paragraphs set forth in Section 2 of the Lease.

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

1.08 RELATIONSHIP OF RLP BUILDING MINIMUM REQUIREMENTS AND LEASE OBLIGATIONS (JUN 2012)

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

1.09 PRICING OF SECURITY REQUIREMENTS (SEP 2012)

A. This proposed Lease contains an attachment with the security requirements and obligations for the Building, which are based on the facility security level (FSL). The Federal Government determines the facility’s FSL rating, which ranges from FSL I to FSL IV.

The FSL is based on client agency mix, required size of space, number of employees, use of the space, location, configuration of the site and lot, and public access into and around the facility.

B. The security requirements attached to this Lease includes a list of security countermeasures that must be installed in the leased Space. The Offeror shall use the Security Unit Price List to provide the Government with itemized costs of these security

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

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

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

If two or more Federal space requirements are being competed at the same time, an Offeror submitting on both or more space requirements may be subject to a higher security standard if the Offeror is determined to be the successful Offeror on more than one space requirement. It is incumbent upon the Offeror to prepare the Offeror’s proposal accordingly.

1.11 INSPECTION—RIGHT OF ENTRY (JUN 2012)

A. At any time and from time to time after receipt of an offer (until the same has been duly withdrawn or rejected), the agents, employees and contractors of the Government may, upon reasonable prior notice to Offeror, enter upon the offered Space or the Premises, and all other areas of the Building access to which is necessary to accomplish the purposes of entry, to determine the potential or actual compliance by the Offeror with the requirements of the RLP and its attachments, which purposes shall include, but not be limited to:

RLP NO. 36C248-18-R-0232, PAGE 4 GSA FORM R100 (09/15)

1. Inspecting, sampling, and analyzing of suspected asbestos-containing materials and air monitoring for asbestos fibers.

2. Inspecting the heating, ventilation and air conditioning system, maintenance records, and mechanical rooms for the offered Space or the Premises.

3. Inspecting for any leaks, spills, or other potentially hazardous conditions which may involve tenant exposure to hazardous or toxic substances.

4. Inspecting for any current or past hazardous waste operations, to ensure that appropriate actions were taken to alleviate any environmentally unsound activities in accordance with Federal, state, and local law.

B. Nothing in this paragraph shall be construed to create a Government duty to inspect for toxic materials or to impose a higher standard of care on the Government than on other lessees. The purpose of this paragraph is to promote the ease with which the Government may inspect the Building. Nothing in this paragraph shall act to relieve the Offeror of any duty to inspect or liability which might arise because of Offeror’s failure to inspect for or correct a hazardous condition.

1.12 AUTHORIZED REPRESENTATIVES (JUN 2012)

With respect to all matters relating to this RLP, only the Government's LCO designated below shall have the authority to amend the RLP and award a Lease. The Government shall have the right to substitute its LCO by notice, without an express delegation by the prior LCO.

Lease Contracting Officer:

Department of Veterans Affairs Network Contracting Office 8 Attn: Earnest Jackson, Jr.

8875 Hidden River Parkway, Suite 525 Tampa, Florida 33637 Phone: (813) 903-2488 Fax: (813) 631-3350

EARNEST.JACKSON@VA.GOV

mailto:earnest.jackson@va.gov

RLP NO. 36C248-18-R-0232, PAGE 5 GSA FORM R100 (09/15)

SECTION 2 ELIGIBILITY AND PREFERENCES FOR AWARD

2.01 EFFICIENCY OF LAYOUT (AUG 2011)

A. In order to be acceptable for award, the offered Space must provide for an efficient layout as determined by the LCO.

B. To demonstrate potential for efficient layout, GSA may request the Offeror to provide a test fit layout at the Offeror’s expense.

The Government will advise the Offeror if the test fit layout demonstrates that the Government's requirement cannot be accommodated within the Space offered. The Offeror will have the option of increasing the NUSF offered, if it does not exceed the maximum NUSF in this RLP offer package. If the Offeror is already providing the maximum NUSF and cannot house the Government's space requirements efficiently, then the Government will advise the Offeror that the offer is unacceptable.

2.02 FLOOD PLAINS (JUN 2012)

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

2.03 HISTORIC PREFERENCE (SEP 2013)

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

1. Historic Properties within Historic Districts.

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

3. Historic Properties outside of Historic Districts.

B. Definitions:

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

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

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

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

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

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

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

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

RLP NO. 36C248-18-R-0232, PAGE 6 GSA FORM R100 (09/15)

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

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

E. When award will be based on the best value tradeoff source selection process, which permits tradeoffs among price and non-price factors, the Government will give a price evaluation preference, based on the total annual NUSF present value cost to the Government, to Historic Properties as follows:

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

2. If no suitable Historic Property within a Historic District is offered or remains in the competition, the Government will give a 2.5 percent price preference to suitable non-historic developed or undeveloped sites within Historic Districts.

3. If no suitable, non-historic developed or undeveloped site within an Historic District is offered or remains in the competition, the Government will give a 10 percent price preference to suitable Historic Properties outside of Historic Districts.

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

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

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

1. A Historic Property within a Historic District.

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

3. A Historic Property outside of a Historic District.

2.04 ASBESTOS (JUN 2012)

A. Government requests space with no asbestos-containing materials (ACM), or with ACM in a stable, solid matrix (e.g., asbestos flooring or asbestos cement panels), which is not damaged or subject to damage by routine operations. For purposes of this paragraph, “space” includes the 1) space offered for lease; 2) common building area; 3) ventilation systems and zones serving the space offered; and 4) the area above suspended ceilings and engineering space in the same ventilation zone as the space offered.

If no offers are received for such space, the Government may consider space with thermal system insulation ACM (e.g., wrapped pipe or boiler lagging), which is not damaged or subject to damage by routine operations.

B. ACM is defined as any materials with a concentration of greater than 1 percent by dry weight of asbestos.

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

D. Materials containing asbestos shall not be used. It shall be the responsibility of the Lessor to certify that asbestos-containing materials have not been used in the construction of the building to be occupied by VA. Lessor acquisition process for materials used in construction, including, but not limited to, thermal insulation, surfacing material, floor tile, sheet vinyl, and fireproofing material shall include clauses to specifically exclude asbestos from the materials being used in the building. The foregoing applies to soil in crawl space containing asbestos in levels that are deemed excessive by State and Federal requirements. Lessor is to provide information in the form of an asbestos survey conducted in conformance to AHERA requirements on the location of all remaining friable and non-friable asbestos. This certification shall be submitted prior to occupancy by the government. The Contracting Officer shall review the certification provided by the Lessor. Lessor shall guarantee that all non-friable asbestos that becomes friable due to any reason shall be removed in accordance with applicable State and Federal requirements.

2.05 RADON MEASUREMENT AND CORRECTIVE ACTION

Radon levels in space leased to the Government shall not equal or exceed the Environmental Protection Agency (EPA) action level for homes of 4 picocuries per liter (pCi/L).

RLP NO. 36C248-18-R-0232, PAGE 7 GSA FORM R100 (09/15)

The space proposed for lease to the Government, which is in ground contact or closest to the ground, shall be measured by the Lessor for radon and the results certified in accordance to EPA procedures. For structures built on a slab (i.e., without a basement) radon levels shall be tested on the first floor of the structure. Radon detectors shall be placed throughout the required area to ensure coverage meets EPA and/or State recommended requirements. In any case, each detector shall cover no more than 2,000 square feet [609.6 sq m] of space. Radon shall be measured in accordance with EPA and manufacturer required procedures for a minimum of 90 days using either Alpha Track Detectors or Electret Ion Chambers. If 90 day testing period is not possible, Alpha Track Detectors may be used for a minimum period of 2 to 4 weeks or Charcoal Canisters or Electret Ion Chambers for a period of 2 to 3 days. If measurements are made for fewer than 90 days, follow-up measurements for a minimum of 90 days, using either Alpha Track Detectors or Electret Ion Chambers, must be completed. A laboratory successfully participating in the EPA-sponsored radon measurement proficiency program shall perform laboratory detector analyses. Quality control/quality assurance procedures shall be developed in accordance with industry standards and applied to radon testing results. Provide VA with a copy of the lab analysis and actual radon measurements for each detector used in support of the certification.

If the space offered for lease to the Government is in a building under construction or proposed for construction, the Lessor shall construct the building to the maximum extent feasible in such a way to minimize radon intrusion into the building. Lessor shall perform the necessary radon testing and submit a certification to the Contracting Officer within 30 days after the test is completed, but not later than 150 days after VA occupies the space. If radon measurements at or above 4 pCi/L are detected, the Lessor shall promptly initiate corrective action to reduce the level to below 4 pCi/L. If the Lessor does not affect corrective action, this is sufficient reason by itself for VA to void or not enter into the lease agreement.

VA reserves the right to measure radon in the space it leases at any time during the term of the lease. If radon measurements at or above 4 pCi/L are detected, the Lessor shall promptly initiate corrective action to reduce the level to below 4 pCi/L. If radon at or above 4 pCi/L is detected, the Lessor shall restrict the use of the area and provide comparable temporary space for the tenants until the corrective action is completed. Follow-up measurements shall be conducted by the Lessor to determine the effectiveness of the corrective action. The Lessor at no additional cost to VA shall provide all corrective actions, tenant relocation, and follow-up measurements. The Lessor shall provide VA with prior written notice of any proposed corrective action or tenant relocation.

2.06 RADON IN WATER

Two water samples constituting a sampling pair shall be taken from the same location for quality control. They shall be obtained inside the building and as near the non-public water source as is practical, in accordance with EPA's Radon in Water Sampling Program Manual. An analysis of water samples for radon must be performed by a laboratory that uses the analytical procedures as described in EPA's Two Test Procedures For Radon in Drinking Water.

The Lessor shall perform the necessary radon testing and submit a lab test and a certification to the Contracting Officer before VA occupies the space.

If the EPA action level is reached or exceeded, the Lessor shall institute abatement methods which reduce the radon to below the EPA action level, such as aeration, prior to occupancy by VA.

2.07 POTABLE WATER QUALITY

If potable water does not meet EPA and/or state standards, Lessor shall take action necessary to reduce contamination to acceptable levels. Lessor shall test potable water periodically to ensure that it continues to meet EPA and state standards. Lessor shall provide bottled water at his/her expense at any time contaminant levels exceed EPA and/or state requirements. If potable water does not meet EPA and/or state standards, Lessor shall take action necessary to reduce contamination to acceptable levels.

Potable water provided to VA from municipal or community water systems shall meet EPA and/or state standards for contaminants

2.08 ACCESSIBILITY (SEP 2013)

The Lease contemplated by this RLP contains requirements for Accessibility. In order to be eligible for award, Offeror must either:

A. Verify in the Lease proposal that the Building, offered Space, and areas serving the offered Space meet the Lease accessibility requirements, or

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

C. The design, construction, and alteration of facilities shall comply with local codes and ordinances. In addition, all VA facilities must comply with the Architectural Barriers Act Accessibility Standards (ABA-AS) as adopted by GSA and VA Program Guide PG-18- 13, "Barrier Free Design Guide."

The ABA-AS consists of Appendices C and D to 36 CFR Part 1191 (ABA Chapters 1 and 2, and Chapters 3 to 10) and is available from United States Access Board HTTP://WWW.ACCESS-BOARD.GOV/.

http://www.access-board.gov/

RLP NO. 36C248-18-R-0232, PAGE 8 GSA FORM R100 (09/15)

VA Barrier Free Design Guide PG18-13 is available from VA Technical Information Library at

HTTP://WWW.CFM.VA.GOV/TIL/DGUIDE/BARRFREE.DOC.

The Offeror shall comply with the stricter of these standards for each requirement as determined by the Government. Offerors are cautioned that compliance with ADA does not assure compliance with UFAS or PG-18-13. The following list includes some of the requirements from the "Barrier Free Design Guide" that typically exceed ADA or local requirements. The more stringent requirement shall be followed.

VA Accessibility Standards from PG-18-13

Paragraph Description of Requirement

4.1.1(5)(e)(i) 3% of total parking spaces shall be accessible

4.3.4 5’-0" minimum width for accessible routes

4.3.7 1:33 (3%) maximum slope for accessible routes, including parking spaces

1:50 minimum gradient for walk requiring rest areas

6’-0" x 6’-0" minimum size of level platform at doors

4.5.3 Carpet cushion or padding is not permitted

4.6.3 5’-0" access aisle required both sides of accessible parking spaces

4.7.3 4’-0" minimum width for curb ramps

4.8 Requirements for ramps:

1:20 maximum slope 40-foot max length for slopes between 1:33 and 1:24 35-foot max length for slopes to 1:20 4’-0" minimum clear width 6’-0" x 6’-0" minimum landing where doors swing into landing

4.9.4(5) 34" handrail height (not a range of heights)

4.10 4’-0" minimum elevator door width Double set of handrails required: 3" x 3/8" with centerlines at 30" and 42" above car floor 8’-0" x 6’-0" minimum passenger elevator platform size

4.13 2’-10" (34") minimum clear opening

4.17 Toilet Stalls:

5’6" x 6’-0" minimum accessible stall size 3’-6" x 6’-0" minimum size "front transfer" stall Grab bars are required in all stalls (not just accessible stalls)

2.09 FIRE PROTECTION AND LIFE SAFETY (SEP 2013)

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

A. Verify in the Lease proposal that the Building in which Space is offered meets the Means of Egress, Automatic Fire Sprinkler System, and Fire Alarm System requirements of the Lease; or

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

Emergency Response by the Lessor - The lessor shall be responsible for ensuring that the HVAC (Heating, ventilation and air-conditioning) system are fully operational at all times and capable of providing a temperature range of 70-76 degrees F during the heating and cooling seasons. The temperatures must be maintained throughout the leased premises and service areas, regardless of outside temperatures and the opening and closing of exit doors, during hours of operation specified in the lease. In the event of a utility system failure it is the lessor’s responsibility to respond to the following.

The Lessor shall have a building superintendent or locally designated representative available to promptly address and correct any deficiencies that may impact use of the building.

• When the Lessor is notified that his/her action is required to correct any deficiencies, the lessor will respond within one hour via telephone or e-mail with a plan of action and an expeditious time frame to resolve the deficiency(ies).” The Government reserves the right of approval of the plan of action and an expeditious timeframe to resolve the deficiency(ies).

• Repair personnel shall be on site to effect repair within four hours or appropriate time frame determined by the government.

If the deficiency (ies) is not corrected within the government approved timeframe for plan of action, the Government will exercise their right under GENERAL CLAUSES No 15, 48 CFR 552.270-10, Failure In Performance, and may have the http://www.cfm.va.gov/til/dGuide/barrfree.doc

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deficiencies corrected at the Lessors expense. The dollar amounts for any equipment or services necessary to respond to or correct deficiencies will be deducted from the Lessor’s rent.

• The lessor will provide a 24-hour emergency point of contact phone number that will be responsible for all emergencies during normal and after work hours including weekends and holidays.

• The lessor will submit a building emergency plan annually that clearly defines the actions the lessor will take in the event of emergencies. It will clearly define the details of what actions will be taken by the lessor in the event of:

o Loss of water o Loss of Electricity o Loss of Heating and cooling o Structural damage to the building o Interior water intrusion containment, response and recovery o Smoke and water damage remediation o Flooding from a ruptured supply or flow pipeline within the building o Disruption of heating, ventilation, and air conditioning services (HVAC) services o Release of airborne particulates such as dust, mold asbestos and fiberglass that may be hazardous to building occupants.

2.10 ENERGY INDEPENDENCE AND SECURITY ACT (SEP 2015)

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

B. Unless one of the statutory exceptions listed in sub-paragraph C below applies, GSA may award a Lease for a Building only if the Building has earned the ENERGY STAR® label conferred by the U.S. Environmental Protection Agency (EPA) within the most recent year prior to the due date for final proposal revisions. The term “most recent year” means that the date of award of the ENERGY STAR® label by EPA must not be more than 1 year prior to the due date of final proposal revisions. For example, an ENERGY STAR® label awarded by EPA on October 1, 2010, is valid for all lease procurements where final proposal revisions are due on or before September 30, 2011. In lieu of the above, all new Buildings being specifically constructed for the Government must achieve an ENERGY STAR® label within 18 months after occupancy by the Government. In addition, Offerors of the following Buildings shall also have up to 18 months after occupancy by the Government, or as soon thereafter as the Building is eligible for Energy Star consideration, to achieve an Energy Star label: 1) All existing Buildings that have had an Energy Star label but are unable to obtain a label in the most recent year (i.e., within 12 months prior to the due date for final proposal revisions) because of insufficient occupancy;

2) Newly built Buildings that have used Energy Star’s Target Finder tool and either achieved a “Designed to Earn the Energy Star” certification or received an unofficial score (in strict adherence to Target Finder’s usage instructions, including the use of required energy modeling) of 75 or higher prior to the due date for final proposal revisions and who are unable to obtain a label in the most recent year because of insufficient occupancy; 3) An existing Building that is unable to obtain a label because of insufficient occupancy but that can produce an indication, through the use of energy modeling or past utility and occupancy data input into Energy Star’s Portfolio Manager tool or Target Finder, that it can receive an unofficial score of 75 or higher using all other requirements of Target Finder or Portfolio Manager, except for actual data from the most recent year. ENERGY STAR tools and resources can be found at

WWW.ENERGYSTAR.GOV.

C. EISA allows a Federal agency to lease Space in a Building that does not have an ENERGY STAR® Label if:

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

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

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

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

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

1. Heating, Ventilating, and Air Conditioning (HVAC) upgrades, including boilers, chillers, and Building Automation System (BAS)/Monitoring/Control System (EMCS).

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

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

Existing lighting systems must be upgraded to meet required specification unless Offeror can demonstrate, using the Building Upgrade Value Calculator discussed below, that modifications to meet the lighting specifications are not cost effective over the Firm Term of the Lease.

file:///C:/Temp/notes782185/www.energystar.gov

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3. Building Envelope Modifications.

NOTE: Additional information can be found on http://www.gsa.gov/leasing under “Green Leasing.”

E. The term "cost effective" means an improvement that will result in substantial operational cost savings to the landlord by reducing electricity or fossil fuel consumption, water, or other utility costs. The term "operational cost savings" means a reduction in operational costs to the landlord through the application of Building improvements that achieve cost savings over the Firm Term of the Lease sufficient to pay the incremental additional costs of making the Building improvements.

F. Instructions for obtaining an ENERGY STAR® Label are provided at http://www.energystar.gov/eslabel (use “Portfolio Manager” to apply). ENERGY STAR® tools and resources can be found at www.energystar.gov. The ENERGY STAR® Building Upgrade Manual (http://www.energystar.gov/) and Building Upgrade Value Calculator (http://www.energystar.gov/financialevaluation) are tools which can be useful in considering energy efficiency and conservation improvements to Buildings.

G. If one or more of the statutory exceptions applies, and the offered Space is not in a Building that has earned the ENERGY STAR® Label within one year prior to the due date for final proposal revisions, the successful Offeror will be excused from performing any agreed-to energy efficiency and conservation renovations if it obtains the Energy Star Label prior to the Government’s acceptance of the Space (or not later than one year after the Lease Award Date for succeeding and superseding leases).

H. If no improvements are proposed, the Offeror must demonstrate to the Government using the ENERGY STAR® Online Tools why no energy efficiency and conservation improvements are cost effective. If such explanation is unreasonable, the offer may be rejected.

I. All new Buildings being specifically constructed for the Government must achieve the ENERGY STAR® Label within 18 months after occupancy by the Government.

2.11 ENVIRONMENTAL CONSIDERATIONS (SEP 2013)

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

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

C. Offeror must indicate in its written offer any known hazardous conditions or environmental releases with/from the offered Space, Building or Property.

2.12 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS - RLP (SEP 2014)

A. Environmental Due Diligence

1. At the direction of the LCO, the Offeror must provide, at the Offeror’s sole cost and expense, a current Phase I Environmental Site Assessment (ESA), using the American Society for Testing and Materials (ASTM) Standard E1527-13 and timeline, as such standard may be revised from time to time. In accordance with ASTM standards, the study must be performed by an environmental professional with qualifications that meet ASTM standards. This Phase I ESA must be prepared with a focus on the Government being the “user” of the Phase I, as the term “user” is defined in E1527-13. Failure to submit the required study may result in dismissal from consideration.

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

B. National Environmental Policy Act

1. While the Offeror is responsible for performing all environmental due diligence studies of the offered Property, the Government is responsible for compliance with NEPA, whether in whole or in part, on its own or with the assistance of the Offerors.

NEPA requires federal agencies to consider the effects of their actions on the quality of the human environment as part of the federal decision making process and, to that end, the Government’s obligations may, and in some cases will, be augmented by the Offerors as described in greater detail in the RLP.

2. The Government may either request information from the Offerors to help it meet its obligations under NEPA or share information provided in response to this provision with federal, state and local regulatory agencies as part of its compliance responsibilities under NEPA and other applicable federal, state and local environmental laws and regulations. Further consultation with these regulatory agencies may be necessary as part of the NEPA process.

3. The Offerors are advised that the Government may be required to release the location of each offered site and other building specific information in public hearings or in public NEPA documents. By submitting an offer in response to this RLP and without the need for any further documentation, the Offeror acknowledges and consents to such release.

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4. The Government reserves the right to reject any offer where (i) the NEPA-related documentation provided by the Offeror for the offered Property is inadequate, (ii) the offer entails unacceptably adverse impacts on the human environment, (iii) the identified adverse impacts cannot be readily mitigated, or (iv) the level of NEPA analysis is more extensive than is acceptable to the Government (e.g., offers must be of a nature that would allow NEPA to be satisfied by preparation of a Categorical Exclusion (CATEX) NEPA study or an Environmental Assessment (EA) with or without mandatory mitigation).

5. An Offeror must allow the Government access to the offered Property to conduct studies in furtherance of NEPA compliance.

This requires research and field surveys to assess the potential impacts to the natural, social and cultural environments. Any recent studies previously conducted by the Offeror may be submitted to be included in the NEPA process.

6. The Government will not proceed with Lease award until the NEPA process is complete as evidenced by the Government’s…