GLS_Plus_DRAFT_Solicitation_12.19.2018.pdf

SOLICITATION NO: 47PA0519R0001

GSA Leasing Support Services Plus Procurement by Negotiation – Not To Be Publicly Opened Multiple Award Indefinite Quantity, Indefinite Delivery Contract

NAICS CODE: 531210

SMALL BUSINESS SIZE STANDARD: $7.50 MILLION

LOCATION OF PERFORMANCE: Any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands (CNMI), the Federated States of Micronesia (FSM), The Republic of the Marshall Islands, and the Republic of Palau.

PERIOD OF PERFORMANCE: From start date (approximately 120 days after award) for one year with four one-year option periods

DRAFT SOLICITATION ISSUE (POSTING) DATE: 12/19/2018

COMMENTS DUE: 5:00PM EST 01/09/2018

All comments and questions regarding this solicitation shall be submitted in the GLS Plus Solicitation Industry Feedback Survey: https://goo.gl/forms/MbIKuxzgKZdVWNnq1

Any general questions regarding the GSA broker services program may be submitted via email to GLSinfo@gsa.gov.

52.215-3 Request for Information or Solicitation for Planning Purposes Request for Information or Solicitation for Planning Purposes (Oct 1997)

(a) The Government does not intend to award a contract on the basis of this solicitation or to otherwise pay for the information solicited except as an allowable cost under other contracts as provided in subsection 31.205-18 , Bid and proposal costs, of the Federal Acquisition Regulation.

(b) Although “proposal” and “offeror” are used in this Request for Information, your response will be treated as information only. It shall not be used as a proposal.

(c) This solicitation is issued for the purposes of seeking sources and collecting feedback from industry regarding the scope of work.

552.219-71 NOTICE TO OFFERORS OF SUBCONTRACTING PLAN REQUIREMENTS (OCT 2016)

The General Services Administration (GSA) is committed to assuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns to participate in the performance of this contract consistent with its efficient performance. GSA expects any subcontracting plan submitted pursuant to FAR 52.219-9, Small Business Subcontracting Plan, to reflect this commitment. The plan must demonstrate a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors in the performance of this contract.

(End of provision)

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. 3090-016

DRAFT

https://goo.gl/forms/MbIKuxzgKZdVWNnq1 mailto:GLSinfo@gsa.gov https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2031_2.html#wp1095883

Table of Contents

PART I

SECTION A - SOLICITATION/CONTRACT FORM SF-33

SECTION B - SERVICES AND PRICES

B.1. SERVICES

B.2. FY 2018 SMALL BUSINESS GOALS

B.3. PRICES

B.3.1. General B.3.2. Minimum/Maximum Quantities

SECTION C - STATEMENT OF WORK AND QUALITY CONTROL REQUIREMENTS

C.1. INTRODUCTION

C.2. SCOPE OF WORK OVERVIEW

C.2.1. Safeguarding Sensitive Data and Information Technology Resources

C.3. DEFINITIONS AND TERMINOLOGIES

C.4. REQUIREMENTS/SCOPE OF WORK DESCRIPTION

C.4.1. GENERAL

C.4.1.1. Contractor’s Response Requirement to an Issued Task Order C.4.1.2. Contractor Office Location and Response Times C.4.1.3. Contractor Personnel C.4.1.4. Approvals C.4.1.5. Changes to a Task Order after Issuance of Task Order C.4.1.6. Commission and Commission Credits C.4.1.7. Quality Standards C.4.1.8. Communications, Submissions C.4.1.9. Disposition of Lease File Records

C.4.2. DESCRIPTION OF MODULES

C.4.2.1. Module 1 Deluxe Acquisition Services C.4.2.2. Module 2 Programming and Acquisition Services C.4.2.3. Module 3 Occupancy Services C.4.2.4. Module 4 Lease Acquisition C.4.2.5. Module 5 Limited Value Leases C.4.2.6. Module 6 Planning Services C.4.2.7. Additional Lease Acquisition Services for Succeeding and Superseding Leases C.4.2.8 Task Order Orientation Meeting

C.4.3. DESCRIPTION OF TASKS TO BE PERFORMED IN MODULES

C.4.3.1 Requirements Development - Modules 1, 2 and 5 C.4.3.1.1 Enhanced Requirements Development:

C.4.3.2. Contractor/COR Expectations Meeting C.4.3.3. Project Orientation Meeting

DRAFT

C.4.3.4. Project Schedule C.4.3.5. Market Survey and Report C.4.3.6. Virtual Market Tour Option C.4.3.7. Develop and Issue RLP and Amendments C.4.3.8. Pre-Negotiation/ Negotiation Process C.4.3.8.1. Pre-Negotiation C.4.3.8.2. Negotiate Offers C.4.3.9. Award Determination C.4.3.9.1. Reviewing Final Proposal Revisions (FPRs) C.4.3.9.2. Assemble Lease Contract Documents C.4.3.10. Post Award Services (Modules 1, 3, 5) C. 4.3.10.1 Enhanced Post Award Services

C.4.4. MARKET INTELLIGENCE

C.4.4.1 Portfolios of Work C.4.4.2 Market Data C.4.4.3. Annual Market Overview and Partnership

C.5. DISPUTES, PROTESTS, CLAIMS AND APPEALS, CONGRESSIONAL

INQUIRIES AND FREEDOM OF INFORMATION ACT (FOIA) INQUIRIES

C.5.1. DISPUTES/PROTESTS

C.5.2. CLAIMS/APPEALS

C.5.3. FOIA/CONGRESSIONAL/OTHER INQUIRIES

C.6. REPORTS

C.7. QUALITY CONTROL REQUIREMENTS

C.8 QUALITY ASSURANCE BY THE GOVERNMENT

C.9. MINIMUM CONTRACT QUALITY STANDARDS

C.10. CONTRACTOR PERFORMANCE ASSESSMENT REPORTS SYSTEM

(CPARS)

SECTION D - PACKAGING AND MARKING

D.1. PAYMENT OF POSTAGE AND FEES

D.2. MARKING

D.3. SOFTWARE REQUIREMENTS

D.4. ENCRYPTION REQUIREMENTS FOR EMAILING OF BUILDING DRAWING

FILES

SECTION E - INSPECTION AND ACCEPTANCE

E.1. GENERAL

E.2. 52.246-4 INSPECTION OF SERVICES—FIXED PRICE (AUG 1996)

DEVIATION

SECTION F - DELIVERY AND PERFORMANCE

F.1. PLACE OF PERFORMANCE

F.2. TERM OF CONTRACT

F.3 ORDERING PROCEDURES

F.4. PERFORMANCE CRITERIA

SECTION G - CONTRACT ADMINISTRATION DATA

G.1. ROLES AND RESPONSIBILITIES

G.1.1. National Contracting Officer (NCO) G.1.2. National Program Manager (NPM) G.1.3. National Contracting Officer’s Representative (NCOR) G.1.4. Regional Program Manager (RPM) G.1.5. Zonal Contracting Officer (ZCO) G.1.6. Contracting Officer’s Representative (COR) G.1.7. Tenant Agency G.1.8 Client Planning Manager G.1.9 Project Manager

G.2. FINANCE DATA – COMMISSIONS AND COMMISSION CREDITS

G.2.1 Commissions G.2.2. Application of Commission Credits to the Lease G.2.3. Termination of Lease Acquisition Task Order Prior to Completion G.2.4. Submission of Subcontracting Reports

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1. QUALIFICATION REQUIREMENTS FOR CONTRACTOR’S FIRM

H.2. LOCATION OF CONTRACTOR’S OFFICES

H.3. PERSONNEL

H.3.1. Availability H.3.2. Identification H.3.3. Security Requirements and Personal Identity Verification Procedures (Non Classified Contract) H.3.4. Security Language for IT Acquisition Efforts H.3.4.1. Required Policies and Regulations for GSA Contracts H.3.5. Tenant Agency Security Requirements H.3.6. Standards of Conduct H.3.7. Removal from Contract Work H.3.8. Personnel Qualifications H.3.8.1. General H.3.8.2 Zonal Project Manager(s) H.3.8.3 Leasing Personnel H. 3.8.4 Construction Control Consultant (Enhanced Post Award Services) H.3.8.5 Post Award Managers H. 3.8.6 POR/Enhanced Requirements Development Consultant H.3.8.7 Regional Portfolio Manager Role Minimum Requirements Matrix

H.4. RESTRICTIONS ON OTHER WORK

H.5. ORGANIZATIONAL CONFLICTS OF INTEREST

H.6. CONTROLLED UNCLASSIFIED INFORMATION (CUI) AND SENSITIVE BUT

UNCLASSIFIED (SBU) INFORMATION

H.7. POST AWARD ORIENTATION AND TRAINING

H.8. G-REX APPLICATION USE AND PROCEDURES

H.8.1. G-REX Application

PART II

SECTION I - CONTRACT CLAUSES

I.1 FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998):

I.2.1. 52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(SERVICES) (SHORT FORM) (APR 1984) DEVIATION

I.2.2. 52.216-19 ORDER LIMITATIONS (OCT 1995) DEVIATION

I.2.3. 52.243-1 CHANGES--FIXED-PRICE (AUG 1987)--ALTERNATE III (APR

1984) DEVIATION

PART III

SECTION J - List of Exhibits

PART I

SECTION A - SOLICITATION/CONTRACT FORM SF-33

SECTION B - SERVICES AND PRICES

B.1. SERVICES

This is a solicitation for leasing support services contracts. The contracts are to support GSA’s Public Buildings Service (PBS) Office of Leasing. These contracts will support the acquisition of leasehold interests and related real estate services for GSA's Federal tenants in four geographic zones (which include the eleven PBS Regions) as listed here and in Exhibit 1:

SERVICE AREA /

ZONE #

# of Prime Contract Awards

Northern / Zone 1 2

Southern / Zone 2 2

Western / Zone 3 2

National Capital / Zone 4 2

With the first generation of GSA Leasing Support Services (GLS), the focus was on efficiency, space solutions, and expertise. With GLS Plus, there is a renewed focus on the following objectives:Taxpayer Savings, Improve Customer Experience and Leveraging Broker Expertise.

GLS Plus maintains the core GLS scope with enhanced contract offerings.

GSA intends to make award of approximately eight commission based, indefinite delivery, indefinite quantity (IDIQ) contracts, with a one year base period and four one-year option periods. Each contract will provide coverage for the zone in which it was awarded. GSA intends to award up to two contracts in each of the following zones: Northern Service Area, Southern Service Area, Western Service Area, and National Capital Service Area.

Award of these contracts will not preclude the Government from awarding additional contracts for similar services in the future in the event GSA determines additional contracts are in the best interest of the Government.

Definitions of key terms are in Section C.3.

Prior to performance of any contract services, a task order will be awarded in accordance with the ordering procedures stated in Section F. Contractors shall accept only written task orders issued on a GSA Form 300 by an authorized Zonal Contracting Officer (ZCO), except for duly authorized emergencies. A verbal task order can only be issued in emergency situations by the ZCO after approval from the National Contracting Officer (NCO).

Contractors must comply with personnel qualification requirements including certification, experience, conflict of interest, nondisclosure, and clearances, stated in Section H.

Performance of contract services requires expertise in both commercial real estate practices and Federal procurement regulations as related to Federal lease acquisition. Federal lease acquisitions are required to be performed in compliance with Federal lease acquisition regulations, Federal lease law, applicable Executive Orders, and other procurement regulations, policy directives, and processes listed in Exhibit 2 or referenced in this document. Information related to a Federal acquisition is protected by the Federal Procurement Integrity Act and disclosure to other than authorized parties is prohibited as outlined in Section H.5. paragraph D.8.

All decisions regarding a lease acquisition made on behalf of the Government are reserved for the Lease Contracting Officer (LCO) who in most cases serves a dual role as the LCO for the lease and the Contracting Officer’s Representative (COR) for a task order awarded under the contract for the lease acquisition. The Contractor is prohibited from performing any inherently governmental functions listed in FAR Part 7 Subpart 7.5.

The Contractor is responsible for providing all deliverables and services in a timely and professional manner. Multiple task orders may run concurrently, so the Contractor must have the capacity to supply sufficient staff and resources to successfully complete services and meet required delivery dates.

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

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

By accepting award, the Contractor agrees to follow any new procedures or processes adopted and implemented by the Government to improve the lease acquisition process during the term of the contract at no cost to the Government. These changes in procedures and processes may be a result of changes in regulation or policy. The Government will provide access to governmental software if required for the Contractor to implement new procedures. The Government may provide guidance or training on new procedures during the term of the contract.

The Government may also implement non-traditional and innovative procurement methods and techniques. If it is determined to be in the best interest of the Government to employ new methods or techniques for lease procurements, a Contractor accepting award of a leasing support service contract agrees to conduct new lease acquisitions utilizing the new methods at no additional cost to the Government. In the event new procedures are implemented, guidance will be provided to the Contractors by the Government. The Contractor shall ensure that all guidance and training provided by the Government regarding any new methods or techniques for lease procurements are shared with its staff and designated personnel assigned to conduct leasing services under the contract.

A unilateral modification to the contract will be issued, if needed, to provide a within scope of work change for any changed procedures. There will be no change in the compensation arrangement under the contract for the implementation of such changes.

B.2. FY 2018 SMALL BUSINESS GOALS

The Office of Small Business Utilization (OSBU) is responsible for negotiating GSA's annual Small Business Program goals with the U.S. Small Business Administration (SBA) to ensure that small businesses have the maximum practicable opportunity to provide goods and services to the Federal Government.

OSBU is responsible for negotiating annual Small Business Program goals with the SBA. Below are GSA's Fiscal Year 2018 agency-wide prime contract and subcontract goals approved by

SBA:

PRIME CONTRACTS

GOALING CATEGORY GOAL

Small Business 35.00%

Small Disadvantaged Business (SDB) 5.00%

Women-owned Small Business 5.00%

HUBZone Small Business 3.00%

Service-Disabled Veteran-owned Small Business 3.00%

SUBCONTRACTS

GOALING CATEGORY GOAL

Small Business 29.00%

Small Disadvantaged Business (SDB) 5.00%

Women-owned Small Business 5.00%

HUBZone Small Business 3.00%

Service-Disabled Veteran-owned Small Business 3.00%

More information regarding the Small Business Goals is available from the GSA Office of Small Business Utilization. Offerors who are other than small businesses are required to submit a subcontracting plan in support of GSA's Small Business Subcontracting goals and programs.

B.3. PRICES

B.3.1. General There may be substantial changes to the terms and conditions of the contract from previous contracts awarded by GSA for similar services. Offerors, especially previous GSA real estate service Contractors, are cautioned to note the changes in this solicitation and not rely on knowledge of previous contracts when preparing proposals.

Contractors will be compensated by collecting real estate commissions paid by the building owner. The Government will not make any direct payment or reimbursement to a Contractor for contract services including, but not limited to, any expense associated with the performance of the services, such as travel.

Under the terms and conditions of the contract and in accordance with industry practice, a Contractor has the opportunity to obtain a substantial monetary benefit by collecting a market rate real estate commission paid by a building owner. The commission negotiated for a lease acquisition performed by a Contractor under the contract will be based on a lease term not to exceed the firm term of the lease contract. Commissions will not be negotiated or collected on lease option periods or for lease terms beyond the firm term of the lease. GSA anticipates lease terms that are 8 to 13 years in firm term; however, they may be longer or shorter.

Contractors are required to negotiate a market rate commission with the offerors in the lease procurement. Offerors in the lease procurement will be instructed in the RLP that a market rate commission is expected and must be paid wherever they are represented by a listing agent, an offering agent, or Contractor, property manager, developer, or any other agent or representative. As payment for their services under this contract, Contractors will receive a portion of the market rate commission that they negotiate with the successful lessors/building owners. For each Module and Contract Year, Contractors will propose the percentage of the market rate commission that they intend to retain as payment for their services for that lease transaction. The remainder of the market rate commission (if any) will be credited to the shell rent in that lease transaction as the Commission Credit.

GSA will make every effort to only issue Task Orders for requirements when it has been determined that a market commission should be available. In the event that the Contractor becomes aware that no commission is available the Contractor will notify the ZCO and COR at its first opportunity. GSA, while not liable for services performed up to the date of notification, will, after execution of a modification to remove a lease transaction or modification for a termination for convenience, no longer require the Contractor to continue services on that task order or lease transaction. In the event that a task order or lease transaction is removed/terminated for any reason, the Contractor shall provide GSA with all lease transaction related research and procurement documentation.

For individual lease transactions that are not a component of a portfolio body of work (excluding a single FEMA task order), the minimum tasking threshold for estimated net commission is $5,000.

The Contractor has an opportunity to collect a Commission on the following tasks: Module 1- Deluxe Acquisition Services; Module 2 - Programming and Acquisition Services; Module 3 - Occupancy Services; Module 4 - Lease Acquisition; Module 5 - Limited Value Leases; and Module 6 - Planning Services. These modules may include options for enhanced services as further described in Section C. Price proposals shall be submitted electronically on the Pricing Worksheet (Attachment 1). Complete instructions for submitting the price proposal are in Section L and the complete price evaluation method is stated in Section M. To be considered for award, a Contractor’s price proposal must state the maximum percentage of the market rate commission for each lease transaction category that they propose to retain as their compensation on the pricing worksheet. There are four (4) pricing worksheets included in Attachment 1, one for each Zone in which contractors would like to be considered for award.

Contractors will not be evaluated for Zones in which they do not submit pricing.

NOTE: Estimated annual commissions provided by the Government in the Pricing Worksheet are for evaluation purposes only and not a firm commitment. Fair Opportunity Procedures under Ordering Procedures in Section F will be followed.

GSA may order services including, new, new/replacing, superseding, succeeding, and lease extensions. These services may include requirements development and/or post award services for each transaction. The estimated value of the lease inventory and the estimated commissions are considered by the Government to be conservative estimates. Due to the changing nature of client agency requirements this is the Government’s best estimate of possible future workload.

GSA’s updated lease inventory can be found at:

http://www.gsa.gov/portal/content/101840

The Contractor should expect to participate in zonal training sessions for their awarded zone(s) and several follow up smaller training sessions. In addition, the Contractor will be expected to participate in meetings with GSA and its customer agencies to explain the benefits of the contracts to them. These services will not be reimbursed by the Government and may or may not require in person meetings/participation.

http://www.gsa.gov/portal/content/101840

B.3.2. Minimum/Maximum Quantities

As referred to in paragraph (b) of FAR Clause 52.216-22, Indefinite Quantity of this contract the contract minimum and maximum quantities, inclusive of the base and all option periods, are as follows:

A. MINIMUM: The government will issue task orders for the services specified in the contract, totaling a minimum net commission in the following Zones, per contractor.

Northern Service Area (Zone 1): $45,000.00 Southern Service Area (Zone 2): $40,000.00 Western Service Area (Zone 3): $35,000.00 National Capital Service Area (Zone 4): $22,500.00

Funding information for the minimum quantity is provided for administrative purposes only. No payments will be made under this contract unless the minimum guarantee is not met as a result of the commission available from task orders issued.

MAXIMUM: The government may issue task orders for the services specified in the contract, totaling a maximum net commission in the following Zones, per contractor.

Northern Service Area (Zone 1): $64,000,000.00 Southern Service Area (Zone 2): $62,000,000.00 Western Service Area (Zone 3): $50,000,000.00 National Capital Service Area (Zone 4): $150,000,000.00

SECTION C - STATEMENT OF WORK AND QUALITY CONTROL

REQUIREMENTS

C.1. INTRODUCTION

GSA provides workspace for more than one million Federal workers through the Public Buildings Service (PBS). Whenever possible, GSA satisfies tenant agency needs in existing GSA-controlled owned or leased space. When suitable space is not available within the existing inventory, GSA acquires space in privately owned buildings. PBS leases various types of space, including office space, laboratories, clinics, border stations, warehouses, and courthouses in both urban and rural areas throughout the United States, the District of Columbia, and the U.S.

Territories as shown in B.1. Federal laws and regulations require the Government to procure leased space utilizing competitive procedures, unless otherwise justified. Lease acquisitions are usually started 42 to 30 months prior to the expiration date of an existing lease or the anticipated move in date of a new lease. GSA intends to leverage brokerage expertise and innovative technologies to meet PBS goals of greater taxpayer savings, maximized productivity and improved customer experience. The broker will support PBS’s strategic efforts to negotiate longer lease terms and develop efficient space utilization.

The National Office of Leasing is the PBS entity responsible for acquisition and administration of leasehold interests. One goal of the national broker contracts is to provide consistency in policies and procedures for PBS lease acquisition services nationwide. GSA lease acquisitions follow the procedures stated in the General Services Acquisition Manual (GSAM), Federal Acquisition Regulations (FAR), Executive Orders, legislative changes and GSA policies and procedures. (See Exhibit 2). A decision by the Government Accountability Office (GAO) 14-14, Federal Real Property: GSA Should Clarify Savings Goals for the National Broker Contract System allows broker contractors to collect the real estate commission paid by the building owner in lieu of direct payment by GSA for services performed under this Contract.

Unless otherwise noted, the Contractor shall perform designated leasing duties that are not inherently governmental functions, as specified in this scope of work and as further described in all leasing policy and documents to include: the Leasing Desk Guide (LDG), chapters and appendices as revised and/or amended, Lease Acquisition Circulars (LAC), and Leasing Alerts.

References included in this scope of work to LDG should be understood to include all leasing policy and documents. Various sections of the LDG are identified in this scope of work for ease of reference for the Contractor. This scope of work is not all inclusive and the Contractor will have to rely on the LDG in its entirety, excluding inherently governmental functions, to determine its responsibilities. In instances where responsibilities in the LDG are unclear, clarification of tasks should be requested of the Contracting Officer’s Representative.

GSA breaks leases down into high, moderate, and limited value based on the strategic goals of the Lease Cost Avoidance Plan described here. This contract will focus on obtaining the greatest cost savings potential capitalizing on the contractor’s market knowledge. GLS Plus also allows for the flexibility to use the contracts for limited value leases to assist regions, if needed, with resource capacity and workload management. These leases tend to be in remote locations and costly for Contractors. GSA classifies its high, moderate, and limited value leases as follows:

DRAFT

https://www.gsa.gov/real-estate/real-estate-services/leasing-policy-procedures/policy-and-tools/policy/leasing-desk-guide-ldg https://www.youtube.com/watch?v=0Fj9UOKD8jQ

Value Tier Estimated Annual Rent

High Value $750,000+

Moderate Value Above SLAT - $649,999.99

Limited Value At or below SLAT

C.2. SCOPE OF WORK OVERVIEW

A. Contractors shall perform all lease acquisition services for Modules 1–6, as described in C.4.2 and may be asked to provide market data as described in C.4.4 for their awarded zones.

B. In addition to the lease acquisition services the Contractor shall provide necessary documentation and assistance to the Government on disputes, protests, claims, and appeals related to services that they are performing or have performed. In the event the Government receives a congressional inquiry, a Freedom of Information Act (FOIA) request, subpoena or other similar inquiry, demand, or request for information, the Contractor will cooperate with the Government as necessary.

C. The Contractor shall attend up to two national performance review meetings a year with the National Program Manager (NPM), National Contracting Officer’s Representative (NCOR), National Contracting Officer (NCO), and other Government representatives. Meetings may be held virtually or in-person. Travel costs shall be at the Contractor’s expense.

D. The Contractor shall attend up to two regional performance review meetings and two portfolio status meetings a year, at least one of each will be in-person in each of the regions serviced, separate from the national meetings. These meetings can be coordinated to occur simultaneously at the region’s convenience. These meetings should incorporate COR-driven project deep dives and must include the participation of the assigned transaction manager(s). Travel costs shall be at the Contractor’s expense.

E. The Contractor shall attend up to one business relations meeting a year with the National Program Manager (NPM), National Contracting Officer’s Representative (NCOR), National Contracting Officer (NCO), and other Government representatives.

The Contractor may be expected to present on topics pre-determined by the Government such as assistance in developing/improving policy, new initiatives, and providing other feedback leading to increased cost-savings for the taxpayer. The meeting shall be held in-person. Travel costs shall be at the Contractor’s expense.

The location shall be determined at minimum one month prior to the meeting date.

F. The Contractor’s key personnel are required to attend initial training for the implementation of this contract. The Contractors are required to travel to the specific zone for which they received the award to attend the initial training. The location of the training in each zone will be provided after award. In addition, the Contractor’s key personnel are expected to attend any national or zonal follow-on training as determined by the NPM. This training may be held in-person or virtually utilizing the most current technology. If travel is required, it shall be at the Contractor’s expense.

C.2.1. Safeguarding Sensitive Data and Information Technology Resources In accordance with FAR 39.105 Privacy, all users of sensitive data and information technology (IT) resources, including awardees, contractors, subcontractors, lessors, suppliers and manufacturers must comply with the following GSA policies. These policies can be found at http://www.gsa.gov/directives.

C.3. DEFINITIONS AND TERMINOLOGIES

The definitions and terminologies for this scope of work and for task orders issued against the subsequent contracts are provided in the Leasing Desk Guide, Appendix A: Glossary of Terminology and also below. For clarification of any terms which are not included below or in the Leasing Desk Guide Appendix A, contact the National Contracting Officer (NCO) specified in Section G.

Aggregate Lease Value The fully serviced rent to be paid by the Tenant for the initial firm term of the Lease. The firm term and application of broker commissions are defined in the Request for Lease Proposals (RLP). In general, the Aggregate Lease Value can be inclusive of:

(i) the initial fully serviced rent to be paid by the Tenant on all space leased by the Tenant, including shell rent, base operating costs, base real estate taxes (if specified separately in the lease), and amortization of any tenant improvement allowance, Building Specific Amortized Capital (BSAC) charges, and

(ii) any fixed annual or other periodic rental bumps and/or fixed annual or other periodic rent escalations.

Note: For computation purposes, the Commission credit is not subtracted from the Aggregate Lease Value.

The Aggregate Lease Value shall not include:

(i) any rental abatement (including allowances/incentives) provided to the Tenant pursuant to the Lease not inclusive of the Commission Credit,

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

(iii) any additional amounts paid by the Tenant for services over and above those furnished by Lessor as a part of the Lease, and

(iv) lump sum payments to buy down the rent to pay for the agencies portion of tenant improvements

Note: If a module is selected that does not require post award services, the Tenant Improvement Allowance shall be subtracted from the Aggregate Lease Value prior to Lease Award in the calculation of the Contractor’s commission. The government will receive the commission associated with the tenant improvement allowance.

Approval When the Government has reviewed submittals, deliverables, or administrative documents, has determined the services or submissions conform to contract requirements, and has

DRAFT

http://www.gsa.gov/directives https://www.gsa.gov/cdnstatic/LDG-Appendix-A_Terminology-508c-sm.pdf https://www.gsa.gov/cdnstatic/LDG-Appendix-A_Terminology-508c-sm.pdf communicated final acceptance in writing to the Contractor.

Bullseye (Exhibit 4) An in-house market research report tailored for a specific GSA lease transaction. A national team is dedicated to overseeing market research reports for all qualifying lease transactions (leases within the Reis markets as per Exhibit 7) being completed in the regions. GSA will gather available market data from industry experts to establish the Bullseye target. That data will be compiled into a condensed report with market information, analysis, and insight regarding the local submarket that contains the delineated area for the procurement. This report must be utilized where available by the Lease Contracting Officer / Leasing Specialist / Contractor as a tool to make informed leasing decisions on behalf of the U.S. Government and can provide the necessary backup documentation to aid leasing personnel in their negotiations with offerors.

Bullseye Target The fully serviced rental rate to be used as the year one shell rent for comparison to the present value analysis. This rate is established by the GSA Center for Strategic Analysis based on representative market comparable rent rate data obtained from market research firms.

Commission The percentage of the Aggregate Lease Value that the Lessor agrees to pay the Contractor in accordance with the applicable, executed Commission Agreement. 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.

Commission Agreement The written agreement between the lessor and the contractor outlining the agreed upon commission and terms.

Commission Credit The portion of the commission that is credited to the Government, reflected as a deduction in the shell rent, as specified in the lease contract.

Contract and Contractor “Contract” means this National multiple award IDIQ GLS Plus contract and "Contractor" means the party who has entered into this contract with the Government.

Day In this contract, unless explicitly indicated otherwise, day refers to Federal business days (Monday through Friday, excluding Federal holidays).

Government Personnel National Contracting Officer (NCO), National Program Manager (NPM), National Contracting Officer’s Representative (NCOR), Zonal Contracting Officer (ZCO), Lease Contracting Officer (LCO), Regional Program Manager (RPM), Contracting Officer’s Representative (COR), Project Manager (PM), and Client Planning Manager (CPM). Section G describes the roles and responsibilities of Government personnel.

G-REX

An acronym for GSA Real Estate Exchange. G-REX is a mission critical system that requires a

Leasing Specialist / Lease Contracting Officer / Contractor to document essential lease procurement activities to award a lease, as well as post occupancy services consistent with national policy and guidance. G-REX is the source system for project data, schedule management and reporting and documentation, The system provides vital lease and productivity data collection for future lease process improvement.

High Value Leases Leases that are at or above $750,000 in fully serviced annual rent. (This threshold is subject to change on an annual basis.)

Inherently Governmental The Contractor may not bind the U.S. Government or perform any functions that remain the responsibility of the Government as defined in FAR Part 7 Subpart 7.5—Inherently Governmental Functions. The following, non-exhaustive list highlights lease procurement specific tasks that are considered inherently governmental:

● Approving documents and/or signing on behalf of the Government, e.g. Equal Employment Office clearance requests, Tenant Improvement Notice to Proceed, COR Letter for Designated Agency Representative or Field Office, any correspondence on GSA letterhead

● NEPA compliance documents such as AutoCatex form, CATEX Checklist, Environmental Assessment (EA), or Environmental Impact Statement (EIS)

● Certification of Funds, BA53 Fund Certification

● Change Orders (order or issue without LCO approval)

● Client Project Agreement (Official Finalization)

● Compliance with Randolph Sheppard Act

● Consultation with GSA General Counsel, see C.4.1.10

● Debriefings/Protests and Resolution/Claims/Congressional Inquiries and Responding to requests/Freedom of Information Act (FOIA) requests, see C.2

○ Contractor will, when directed, provide input and support the GSA in drafting a response

● Determination that Costs (lease rental and/or Tenant Improvement) are Fair and

Reasonable

○ Contractor will, when directed, provide a recommendation to the GSA

● Determination that Space is Substantially Complete

● Fire Protection and Life Safety Approval by a Licensed GSA Fire Protection Engineer

● Independent Government Estimate (IGE) development

● Lease and Lease Amendment Award/Execution

○ To include signature on associated cover letters

● Occupancy Agreement, draft and/or sign

● Prospectus Submission/Approval

● Receipt and Approval of Reimbursable Work Authorizations (RWA)

● Request to GSA PMC for Utility Contract

● Scoring Analysis

● Seismic Approval

● Source Selection

○ Source Selection Plan (SSP) signature

DRAFT

https://www.acquisition.gov/far/html/Subpart%207_5.html https://www.acquisition.gov/far/html/Subpart%207_5.html

○ Serving as a voting member on a Source Selection Evaluation Board (SSEB)

● Small Business Subcontracting Plan Approval and Verification

● Approving and Redacting a Justification for Other Than Full and Open Competition

(OTFO)

● Vacant Space Check

Lease Amendment (LA) A lease contract document executed by a Lease Contracting Officer used to change or modify an existing lease to reflect any change to the lease terms. For example, the acquisition of additional space, changes to agreed upon tenant improvements, partial release of space, revision in terms or rental payments, change in ownership or payee, or any other action that changes the lease.

For purposes of this contract, the Final Lease Amendment is defined as the last Lease Amendment required for completion of a lease transaction under this contract. It must clearly state, at a minimum, the final rental rate expressed in a dollar per rentable square foot, the total annual rent, the total Tenant Improvement (TI) dollar amount and Building Specific Amortized Capital (BSAC) dollar amount amortized in the lease, the commission rate expressed as a percentage of annual rent, the total commission dollars to be paid to the Contractor, the total commission credit to be credited to the Government, the lease term commencement date, and any other negotiated terms of the lease.

Lease Cost Avoidance Plan (LCAP) An initiative that calculates the realized cost savings from lease transactions to include, but is not limited to realized cost savings through negotiating leases below market costs, reductions in RSF and leased vacant space mitigation. May also be referenced as Lease Cost Savings Plan.

Leasing Desk Guide (LDG) Authorities, policies, technical and procedural guides, and administrative limitations governing the acquisition by lease of real property. It replaces previous PBS leasing guides and incorporates other existing policies and procedures.

Limited Value Leases Leases that are at or below SLAT in fully serviced annual rent.

Moderate Value Leases Leases that are above SLAT up to $649,999.99 in fully serviced annual rent.

Normal Regional Office Work Hours The normal work hours of the Regional Offices in each time zone covered by the contract are from 8:00 a.m. to 4:30 p.m.

Portfolios of Work Portfolios of Work are comprised of individual lease transactions of varying size, tenant mix, and geographic locations/markets.

Project Management Plan A model that draws on the skills of a multidisciplinary team led by a Project Manager (PM) through the entire lease project life cycle including initiation, planning, execution, and close-out.

This model encourages employees to think about and relate to projects in a more holistic and sophisticated way—to define and understand a customer’s needs and requirements before they react.

Request for Lease Proposals (RLP) A document used to solicit offers for a lease acquisition. The RLP describes Government requirements and performance criteria against which a lessor is expected to perform and the evaluation criteria that the Government will use to evaluate offers. As listed below, there are several different RLPs that may be used. These templates are subject to change and may be supplemented, modified, or replaced or by other RLP templates. The COR for a specific task order will determine the RLP for the lease acquisition.

(A) Small Lease (GSA Form 3626, R103 and Supplemental Lease Requirements)

A simplified RLP format that may be used for certain lease acquisitions under the Simplified Lease Acquisition Threshold, unless another format is required by the LCO. (At the direction of the COR/LCO, the small lease may also be used for leases under 3,000 ABOA SF, and temporary leases of any square footage, with a lease term of 18 months or less, not exceeding the SLAT.)

(B) Global Lease (R100/L100)

The RLP used for New, New/Replacing, Succeeding, or Superseding leases, typically above SLAT that can be tailored to each individual transaction. The Global RLP allows the choice between such options as competitive vs.

non-competitive procurements, extensive or minimal TI buildout.

(C) Simplified Lease (R101A/L201A)

The RLP used for agencies who have a well developed Program of Requirements and Scope of Work that will be issued with the RLP. The proposal will include TI turnkey pricing that is negotiated before award.

(D) Warehouse Lease (R101WH/L201WH)

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

(E) FEMA Disaster Lease (R103D/GSA Form 3626 and FEMA Supplemental Lease Requirements)

The RLP used for FEMA leases that are needed in response to a Presidential Emergency Declaration as a result of a disaster.

Required Delivery Date (RDD) The date on which all required services have been provided by the Contractor and the task order is deemed to be complete.

Simplified Lease Acquisition Lease Threshold (SLAT) The threshold (see FAR 2.101), when applied to the average annual amount of rent for the term of the lease, including option periods and excluding the cost of services.

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

Source Selection – Lowest Price Technically Acceptable When award is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. (See FAR 15.101-2)

C.4. REQUIREMENTS/SCOPE OF WORK DESCRIPTION

C.4.1. GENERAL

Services will be ordered by the Government with a written task order, GSA Form 300, signed by an authorized ZCO in accordance with the ordering procedures in Section F. It is the Government’s intent to award a task order to a Contractor for acquisitions where a commission is expected. A verbal task order can only be issued in emergency or disaster situations by the ZCO after approval by the NCO. Written email confirmation of the order will be sent. A written task order will be issued for all verbal task orders.

C.4.1.1. Contractor’s Response Requirement to an Issued Task Order The Contractor shall submit a Conflict of Interest and Non-Disclosure Statement (Exhibits 5A and 5B) to the Government within five (5) business days of receipt of a task order.

The Contractor shall expect to continue performance of the task order using dual agency notification (Exhibit 5C) requirements identified in the Request for Lease Proposals and in Section H herein unless otherwise directed by the ZCO. Task orders may be sent to the Contractor from the Government via electronic mail. The Contractor designated for the task order shall contact the COR to schedule the Project Orientation Meeting as outlined in Section C.4.3.2.

C.4.1.2. Contractor Office Location and Response Times The Contractor shall respond to calls and/or e-mails from Government personnel with a returned phone call and/or e-mail within 24 hours and within the normal business hours of the Region initiating the call. If the Contractor is out of the office he/she must notify the COR of the absence and indicate an alternate contact. This can be achieved via out of office message on voicemail and email.

Contractors in the National Capital Service Area (Zone 4) shall have a minimum of one office located within the boundaries of Zone 4, due to the nature of workload and limited geographic area. National Capital Service Area (Zone 4) includes the District of Columbia; Montgomery and Prince George’s Counties in Maryland; Arlington, Fairfax, Loudoun, and Prince William Counties in Virginia; and all cities within the boundaries of those counties. Designated personnel shall be available to meet with the National Capital Service Area (Zone 4) COR within a two-hour notification from the Government.

C.4.1.3. Contractor Personnel Only qualified personnel meeting the training and other requirements stated in Section H shall be assigned by the Contractor to perform services under this Contract or any task order issued under this Contract. The Government shall review the resumes and training records of personnel assigned to a task order and the NCO may request the removal of personnel who do not perform satisfactorily or who have not submitted documents necessary to conduct business on the behalf of the Government. Requests to remove personnel from contract work will only be issued by the NCO.

C.4.1.4. Approvals Roles of Government personnel are described in Section G, Contract Administration. Contractor personnel assigned to a task order shall obtain documentation of approval from the COR prior to proceeding with additional work on the task. Failure to do so may result in Contractor re-performance of the work at the Contractor’s expense and a performance rating on the task order that might impact the Contractor being considered for future task orders.

C.4.1.5. Changes to a Task Order after Issuance of Task Order

1. After receipt of a task order, changes to any of the following require a modification to the task order:

a. Change in Module prior to Lease award;

b. Required Delivery Date (RDD) changes beyond sixty (60) calendar days;

c. Terminations for Convenience; or

d. Terminations for Default (This action can only be authorized by the NCO in conjunction with General Counsel).

2. Other changes, such as a change in COR, square foot, delineated area, term, tenant improvement allowance, or a schedule change that does not impact the RDD beyond sixty (60) calendar days, shall be accomplished via electronic notification from the Zonal Contracting Officer for the task order.

C.4.1.6. Commission and Commission Credits

1. Negotiation Objectives Within the negotiation objectives, the Contractor shall provide a market commission percentage rate or dollar amount as well as establish a range of market rents. The figures shall be substantiated with supporting documentation from a third-party market research source. The Contractor shall submit the initial negotiation objectives to the COR four (4) days prior to the Project Orientation Meeting as defined in Section C.4.3.2. The Contractor is required to submit revised negotiation objectives for every project after the market survey is completed during the Lease Acquisition Task of each Module. The negotiation objectives must be approved by the COR, and signed by both parties. The negotiation objectives must be approved prior to issuing the Request for Lease Proposals (RLP) to offerors. Any dispute over the approval of negotiation objectives should immediately be escalated to the Regional Program Manager.

If the procurement is in a major market and qualifies for a Bullseye Report, the Bullseye Target provided by GSA will replace the midpoint of the Contractor provided market range and be the benchmark for measurement. The Bullseye Report is a procurement-specific market report created by pulling data from CoStar, Reis Inc., and CBRE Econometric Advisors. Revised negotiation objectives are still required even if a Bullseye Report is provided.

2. Commission Credit The Contractor is expected to negotiate a market commission with the offerors in the lease transaction. The Contractor shall forego the percentage of the commission in accordance with their respective awarded contract percentages as the Commission Credit. The Commission Credit shall be applied as an offset to the shell rent as outlined in Section G.

Commission Credits will be evaluated when evaluating offers. The Commission Credit based on the Commission shall be applied to the shell rent and included in the lease acquisition Present Value Analysis (PVA) to determine the successful offeror.

The portion of the Commission paid to the Contractor by the Lessor shall not be considered separately as part of the PVA calculation since the value of the commission is subsumed in the gross rent rate. The instructions for performing the PVA are outlined in the RLP.