GLS_Plus_Pre-proposal_Questions_and_Answers.pdf

Section Question Response

M.2.2 Factor 2:

Management Plan Standard for Evaluation (page 122)

It is noted that independently licensed contractors will be evaluated more favorably. State licensing authorities require real estate professionals to be licensed, whether independently, through a co-brokerage agreement, or otherwise. As such, the favoritism toward independently licensed contractors discriminates against those firms, specifically small businesses, that depend largely upon third-party brokerage agreements.

We strongly believe this should be reconsidered. This language was removed from Section M.2.2.

Page 107, proposal submission.

Should both proposals, technical and price, be submitted on one email or should be they sent in separate emails?

One email with the technical and price proposal is preferred. Please see Section L.6.1. for size limitations on email attachments.

Page 17:

If a module is selected that does not require Post Award Services, the Tenant Improvement Allowance and the BSAC allowance shall be subtracted from the Aggregate Lease Value prior to Lease Award in the calculation of the Contractor’s commission. The Government will not receive the Commission Credit associated with the Tenant Improvement Allowance and the BSAC allowance.

Please confirm that under GSA GLS Plus there will only be one commission calculation completed for projects without Post Award services that does not include TI’s or BSAC and that figure will be used to calculate both the broker commission as we well as the commission credit.

Yes; Please see Section C.3. Aggregate Lease Value and please refer to the revised Exhibit - Commission Agreement for additional information.

Page 25, Section C.

Commission Negotiations:

This sections states that the offeror will provide the commission terms (percentage, payment schedule and dollar amount) on the GSA forms. By allowing each offeror to submit their commission rate for the project it will cause unfair advantages or disadvantages to the procurement process.

Allowing brokers to evaluate each market and taking that data and setting the commission rate/terms equally for all offerors in a project will allow for a more level and fair procurement process. What happens if an offeror refuses to pay a market rate as defined by the research completed in that particular market when researching overall market data in order to complete the negotiation objectives document?

GSA's Request for Lease Proposal states the following: By submitting an offer, the Offeror agrees that if the Offeror is paying a commission or fee in connection with this Lease to a listing agent, an offering agent, or broker, property manager, developer, or any other agent or representative, then the Offeror will pay a commission to the Broker to which the Broker would ordinarily be entitled consistent with local business practices, as evidenced through a brokerage agreement between the Offeror and the Broker. The RLP further states that the commission will be negotiated between the Broker and the Offeror and is not a fixed rate established by the Broker and provided to the Offeror.

If the offer received is below market commission, as established in the negotiation objectives, and the broker is not willing to accept it, will the offer be deemed non-responsive? No, it will not be deemed non-responsive.

In an open procurement, if two of the offerors are agreeing to pay a “market commission” and the third offeror is not, will GSA deem that one offer non-responsive? If not, what is the direction GSA will give to the broker to proceed with the third offeror?

See the response above. Commissions are negotiated. Further, GSA has language in its Request for Lease Proposals, "By submitting an offer, the Offeror agrees that if the Offeror is paying a commission or fee in connection with this Lease to a listing agent, an offering agent, or broker, property manager, developer, or any other agent or representative, then the Offeror will pay a commission to the Broker to which the Broker would ordinarily be entitled consistent with local business practices, as evidenced through a brokerage agreement between the Offeror and the Broker."

With regards to the submittal requirements for brokers of record in other states, can a proposer submit the first and signature pages of the contracts with each broker of record rather than the entire contract, as well as a copy of the broker of record’s license? The entire contract is a company contractual agreement between our two firms and should be kept in that manner.

Offeror must submit sufficient information for the Government to confirm agreement; You may redact any proprietary information so long as the unredacted information is clear that there is an agreement between the two firms.

Page 36, Market Survey 360:

With regards to videotaping a market survey, how does GSA plan on handling the confidentiality of the building owners and space occupants?

How do vendors/brokers stay in compliance with PII while videotaping in work areas occupied by other tenants, current GSA agencies, or other governmental agencies? If medical records are involved within a tenant space, how does GSA plan to maintain HIPPA compliance while videotaping the space? Will Offerors as well as the current occupants of the space be asked or required to sign a waiver in order to videotape the space being offered?

Please see Section C.4.3.2.3 for the revised language. The market survey 360 is not a videotape of the space but rather, still images using the 360 camera type. On a case by case basis, the COR will work with building owners as needed to obtain access to space.

In the Q&A from the draft proposal, #4 addressed substantial requirements development to be done, in some cases years ahead of the transaction, and it may turn into a noncommissionable event. The response was that GSA will work with policy officials to determine what language is allowable to mitigate the impact on the Broker’s upfront investment in the procurement. It doesn’t appear that this language is included in the final solicitation. Is there still the ability for GSA to reconsider this request in the

RFQ?

As stated in the Draft Solicitation Feedback: The scope of work was significantly reduced to minimize the contractor’s financial burden. If work is done on a transaction where it does not reach lease award or the square footage is reduced, the broker will not be compensated.

However, as soon as the government learns that the transaction is not moving forward, it will be terminated immediately. Contractors are expected to price these services accordingly.

C.4 Definitions and Terminology - Portfolios of Work (page 20)

Will a portfolio of work, as defined on page 20 of the contract, be tasked under a group or individual task order(s)? If the portfolio of work is tasked under a group, will individual notice to proceeds be issued for each project?

A portfolio of work will be issued as a group in a single task order. One notice to proceed will be issued as it applies to all performance requirements for the task order and not for each project.

F.1 Place of Performance (page 56)

This section states that GSA will award two contracts per Zone while section M.1 states that three awards may be made in Zone 4. Please clarify.

Please see the revised language in Section F.1. and M.1. of the amendment. Three (3) awards will be made in Zone 4.

H.5 Conflicts of Interest paragraphs D.4, D.6, D.7 (pages 72-73)

Paragraph D.4: States that contractor personnel may not participate as both a GSA representative and representative of an offeror on a GSA lease transaction. Please clarify this means contractor personnel may not represent both the offeror and GSA on the same transaction.

Correct. The same contractor personnel may not represent both the offeror and GSA on the same transaction.

Please see the revised language in Section H.5 in the amendment.

H.5 Conflicts of Interest paragraphs D.4, D.6, D.7 (pages 72-73)

Paragraph D.7: Please clarify that paragraph 7 is only specific to a Zone in which a contractor is performing services.

Correct. Please see the revised language in Section H.5.D.7 in the amendment.

L.6.3 Submission And Content of Proposals (pages 105-106)

Section 2, Factor 1 Technical Proposal requires Firm Experience Attachment to be submitted. Should this form be submitted in its native excel format or converted to PDF? In its native excel format.

L.6.3 Submission And Content of Proposals (pages 105-106)

Does a subcontracting agreement with a third-party vendor to provide services such as requirements development and/or post lease award count toward the number of pages under the Management Plan?

Subcontracting agreements are not required as part of the management plan; however, if included, it will count toward the number of pages in the Management Plan.

C.4.1.5.1 Changes in Module or Services (page 23)

Please clarify Section A – how could lease award occur without the contractor doing no significant work on an assigned task order?

Section C.4.1.5.1.A refers to those projects that have not reached lease award, (e.g. a project in the Requirements Development phase).

C.4.2.8.3 Project Orientation Meeting (page 30)

As outlined in this section, the project orientation meeting is to be scheduled within five (5) days of task order issuance. The following paragraph states a market analysis, initial negotiation objectives, and baseline schedule are to be provided four (4) days prior to the project orientation meeting. Based on these requirements the contractor only has one (1) day to complete the above stated deliverables. Is this the intent of the contract?

Section C.4.2.8.: The meetings must be scheduled within the 5-day period but do not necessarily need to occur within the 5 days.

C.4.3.1.1 Enhance Requirement Development Services (page 34)

Please provide an example Macro Program of Requirements (POR) that is acceptable to GSA.

As this is a performance based contract, GSA cannot provide an example and they will differ from each contractor. The minimum contract requirements for the POR are outlined in section C.4.3.1.1.

C.4.3.2.3 Market Survey 360 (page 36)

For pricing purposes, after the first contract year are contractors to assume that all task orders could include Market Survey 360?

The restriction limiting the number of projects using Market Survey 360 will be removed beginning in Option Year 1. Therefore, any task order could include this requirement.

C.4.3.2.3 Market Survey 360 (page 36)

The narrative states that “contractors will be expected to provide a 360 degree scan of the space.” Can GSA provide a clear definition of ‘space,’ meaning specific rooms, every room, etc.? For moderate to high-value leases, providing a 360 degree scan is a time consuming task. This will increase time required for the overall market survey, with the potential that the contractor will have to pre-tour to scan the buildings adding days to a market survey.

Please refer to Section C.4.3.2.3. for the revised language in the amendment.

C.4.3.2.3 Market Survey 360 (page 36)

Is there a time frame after the market survey in which this report must be submitted?

Please refer to Section C.4.3.2.3. for the revised language in the amendment.

C.4.3.2.3 Market Survey 360 (page 36)

Does GSA have a protocol for instances in which the building owner will not allow the contractor to scan their space?

Section C.4.3.2.3: Generally building owners will allow photography of offered space. The 360 Camera is a specific camera type. If the building owner does not allow this, the Contractor shall immediately notify the COR and document the file accordingly.

C.4.3.3 Post Award Services paragraph

10. Acceptance Inspection (page 45)

Does the final acceptance inspection count toward the total number of progress inspections (page 43) or is this in addition to the progress inspections?

Section C.4.3.3. Progress inspections are separate from the space acceptance inspection; therefore, the final inspection is not included in the total number of inspections.

C.8 Quality Assurance by the Government (page 51)

For projects under the SAT (limited value) will the contractors be notified at the task order issuance that the task order is subject to performance review? Please refer to Section C.8 for the revised language in the amendment.

C.9 Minimum Contract Quality Standards (page 52)

The minimum performance standard for schedule adherence is completing 70 percent of leases prior to existing lease expiration, what happens in the event of documented agency delay and/or task order issuance within a year or less of lease expiration?

Page 52, Section C.9: The 70% is the minimum contract standard for a satisfactory. The other 30% will account for project delays such as agency delay and other challenges that may arise on a task order.

H.3.8.1 General paragraph A (page 67)

Paragraph A states, “The Government leasing process is not comparable to the commercial real estate process. It is critical that Contractor personnel possess the necessary training and experience to independently carry out the transaction without relying on training from GSA CORs.” It is also heavily emphasized throughout the contract that contractor and its personnel are to be licensed in the states in which they will perform under this contract. As stated in paragraph A above, the Government’s leasing process is not comparable to the commercial real estate process and as such, state licensing requirements should not apply. The state licensing requirements have no bearing on the contractor and its personnel’s ability to successfully perform the requirements of this contract and the hiring of contractor personnel conducting the business of the Federal government should not be restricted by state licensing requirements. Of importance, the licensing requirements will significantly restrict and may eliminate experienced small businesses from competition. Thank you for your comment.

H.3.8.1 General paragraph A (page 67)

With the understanding that commissions will likely not be collected on this contract for two or more years following task order issuance, please clarify your intent of requesting proof of licensure at proposal submission and within five days of task order issuance. Proof of licensure at this point in the process does not prove licensure at lease award and is an administrative and logistical burden to the Contractor. Please refer to H.1.C and H.1.D. for the revised language in amendment.

H.4 Restrictions on Other Work (page 71)

Please confirm that contracts with agencies that have GSA delegated leasing authority, such as VA, or independent leasing authority by Congress, do not apply to restrictions outlined in this section. Correct, it does not apply.

H.5 Conflicts of Interest paragraphs D.4, D.6, D.7 (pages 72-73)

Paragraph D.6: The six-month work restriction noted in paragraph 6 appears to hinder contractor’s personnel. Please clarify the intent of the provision.

This is a restriction only applies in connection with work on a GSA lease transaction.

L.6.3 Submission And Content of Proposals (pages 105-106)

Please confirm that only two (2) resumes – Zonal Project Manager and Alternate – are to be submitted as part of the Technical Proposal.

Please refer to Section H.3.8.6, L.6.3.2.B., M.2.2. Factor 2 paragraph 6, for the revised language in the amendment.

L.6.3

May offerors use GSA contact people as references for Factor 4: Past Performance?

If a reference will be used by an offeror for more than one zone proposal, does the contact person need to complete the online form multiple times, e.g. once for each zone proposal for which the contact is acting as a reference?

Yes, GSA contact people can be used as references for Factor 4: Past Performance.

Please see the updated GLS Plus Reference Form included in the solicitation amendment. The form only needs to be completed once by each reference. The reference should select the applicable zone(s) on the form.

C.4.3.3.

In the Post Award and Enhanced Post Award Services Chart on Solicitation page 40: Regarding “QA/QC Reports / Photography” and “Increased QA/QC Reports / Photography”: Please clarify what is required for these items. What are the GSA’s expectations for these requirements?

Please see section C.4.3.3.1 for the revised language. The Contractor is required to take progress photos during site visits, to include at least one 360 degree image of the space. The Contractor shall deliver the photos to the project team and ensure that they are sufficient in quantity and quality to accurately depict the project status. The Contractor may elect to provide an electronic time lapse video of the construction process in lieu of the color progress photos. This language in outlined below the progress inspection chart.

C.4.3.3.

Item 2 on Solicitation page 41, Design Intent Drawings and Construction Drawings Review, 2nd paragraph: The Solicitation states “The Contractor shall provide input on the Tenant Agency DIDs.” Please clarify the level of service requested.

The Contractor shall review the DIDs in accordance with the Level 1 checklist identified in the GSA DID Review Guide and deliver the annotated DID Level 1 checklist to the project team. The link to the DID Review Guide can be found on the link, download the Adobe version and review page 36.

C.4.3.3.

Item 2 on Solicitation page 41, Design Intent Drawings and Construction Drawings Review, 2nd paragraph: Please confirm that the Contractor is not responsible for providing design (architectural) services or technical reviews.

Correct - Contractor will not be responsible for architectural or technical services.

C.4.3.3.

Item 2 on Solicitation page 41, Design Intent Drawings and Construction Drawings Review, 3rd paragraph: Please confirm that final approval of the Design Intent Drawings (DIDs) and final concurrence upon review of the final Construction Drawings (CDs) will be the responsibility of the Government Correct.

C.4.3.3.

Item 2 on Solicitation page 41, Design Intent Drawings and Construction Drawings Review, 3rd paragraph: Please confirm that the Lessor’s Architect of Record will remain responsible for the technical accuracy of the DIDs / CDs in accordance with the lease requirements as well as all applicable codes. Correct.

C.4.3.3.

Item 5 on Solicitation page 42, Progress Inspections and Reports and On- Site Construction Progress Inspections: Smaller projects and/or projects with minimum Tenant Improvement (TI) scope of work may not require the number of inspections requested. Please confirm that the GSA and Contractor will have an opportunity to evaluate this requirement on a case-by-case basis when “full” TI buildout is not required.

Section C.4.3.3. The chart for progress inspections provides for the number of inspections based on the square footage. In the event the lease transaction is a succeeding with paint/carpet only, the Contractor shall perform up to one progress inspection only. Otherwise, the Contractor will be expected to comply with the contract requirements.

G.1

Are offerors to provide resumes for all listed staff titles? Or just the Zonal Project Manager and Alternate as stated in H.3.8.2.B on Solicitation page 68?

Section L.6.3 Paragraph 2B and H.3.8.2.B have been updated to reflect that resumes are required for the Zonal Project Manager, Alternate Zonal Project Manager, and Senior Post Award Manager at the base contract level. G.1 is specifically related to government officials and the title has been updated to reflect this.

H.3.8.6

The requirement for Senior Post Award Manager notes, as a minimum, Project Management Professional (PMP) Certification or equivalent. With regard to the equivalent requirement, can you please provide examples, i.

e. specific years of experience, number of projects completed, etc.?

Please refer to Section H.3.8.6 for the revised language in the amendment.

L.6.3 Item 2.B

Regarding Licensure: Please confirm what GSA is requesting/requiring offerors provide for licensure: “not to exceed 1 page per state” (per L.6.3, Item 2.B Factor 2: Management Plan on Solicitation p. 106) or identify “one license per state/U.S. Territory” (per M.2.2 Factor 2: Management Plan on Solicitation p. 122)?

Please refer to H.1.C., H.1.D., and M.2.2. Factor 2 for the revised language in amendment. The supporting documentation is required for one broker in your firm. If a co-brokerage agreement exists, Offeror must submit sufficient information for the Government to confirm agreement;

You may redact any proprietary information so long as the unredacted information is clear that there is an agreement between the two firms.

M.1

Will GSA take into account brokers’ past performance/relationships within Zones or only use the estimated square footage of the expiring lease portfolio and associated available commissions for the order of contract award?

GSA's determination for the order of the zones (4, 2, 3 & 1) to be awarded is based on the projectections of estimated square footage of the expiring lease portfolio and associated available commissions. This is not associated with the evaluation factors in section M.2 for how contractors will be evaluated for contract award.

Pricing Worksheet

GLS_Plus_Pricing_Worksheet_Attachment_1.xlsx: Regarding Module 5 pricing in Pricing Tables B and C for all Zones, it does not seem possible that Limited Value Tier leases (with average annual net rent of less than $250,000) in any event would yield “NET COMMISSION TO THE CONTRACTOR … BETWEEN THE [$250,000] AND $750,000.00” or “… GREATER THAN $750,000.00”. Please explain how offerors are to propose Module 5 pricing in the two Pricing Tables B and C for all zones. This table has been updated and will be reflected in the amendment.

Section B.3.2.(B) Are the maximum net commissions per contract or the combined total for all contracts awarded in a zone?

Please see Section B.3.2. The maximum quantities are inclusive of the base and all option periods per contract per zone.

Section F.3

Please confirm that Contractors will not be requested or allowed to offer commission rates below their contract rates for projects with an estimated commission value below $2 million unless and until the NDAA terminates or the Conditional Approval of Deviation to FAR16.505(b)(1) is revoked.

GSA will follow the ordering procedures as currently outlined in Section F.3. Ordering Procedures.

Section M.2.1 Factor 1: Firm Experience

Since GSA has not previously required Enhanced Requirements Development services, will GSA projects that are submitted be evaluated as Neutral (i.e., neither favorably nor unfavorably) with respect to Enhanced Requirements Development?

There will not be a neutral rating for this factor. However, firms that demonstrate the following may be evaluated more favorably:

1. Government experience (Federal or State/Local)

2. Geographic experience within the zone in which a proposal is submitted

3. Experience with High Value projects, as defined in the solicitation

4. Experience performing Requirements Development or Enhanced Requirements Development as per Section C.4.3.1.1 of the solicitation

5. Experience performing Post Award or Enhanced Post Award Services as per Section C.4.3.3.

Section C.3

Please clarify that allowances/incentives are excluded from the definition of aggregate lease value ONLY to the extent that they are actually applied as rental abatement. Correct.

Sections C.4.1.8 and H.3.4

Will Contractors that currently operate FISMA certified IT systems be permitted to continue using such systems, or will they be required to switch to GSA’s VDI?

Section H.3.4.: For GLS Plus, the contract requirement is to use VDI for all proposed offerors/contractors.

Section M.2.1 Factor 1: Firm Experience

With respect to the list of 50+ projects and the detailed descriptions of 5 projects, are projects eligible for consideration as long as the Contractor worked on the projects at some time during the past 5 years, regardless of whether such projects are currently complete or may have commenced more than 5 years ago?

Yes, the offeror must have managed some aspect of the project within the last 5 years. Each project must meet the standard for evaluation as defined in Section M.2.1, which includes market tours, negotiating favorable lease terms, and preparing lease contract documents for execution.

Section L.6.3, subparagraph B(i)(6)

Section L.6.3, subparagraph B(i)(6) on page 106 limits resumes to two individuals which is inconsistent with Section M.2.2. Factor 2: Management Plan, subparagraph 6 on page 122 which requires resumes for three individuals (i.e., Zonal Project Manager, Alternate Zonal Project Manager, and SPAM). Please clarify. Additionally, please confirm whether resumes are permitted or will be considered for any other positions.

Please refer to Section H.3.8.6, L.6.3.2.B., M.2.2. Factor 2 paragraph 6, for the revised language in the amendment.

When will the GSA make its Prime Contract decision for Zone 3, and when will it be announced?

Please refer to Section M.1. Contract awards will be issued in the following order: National Capital Area (Zone 4), Southern Service Area (Zone 2), Western Service Area (Zone 3), Northern Service Area (Zone 1). Contract award will be made on the same day for all zones. Upon award issuance, a notice of award will be posted on fbo.gov.

G-REX question: Is G-REX also a CRM that we can use to track all open tasks across multiple states in our Zone? If not, what CRM technology are we allowed to use while maintaining data security and FAR compliance?

G-REX is the official source system for project data, schedule management, reporting, and file documentation for lease files. It can be used to track assigned broker projects across multiple states in a zone.

Additional information on GREX can be found on page C.3 Definitions of the solicitation. Any software requested shall conform with section H.3.4.

Solicitation, Footnote 2, Page 57

It says we may propose a lower commission for anything over $2,000,000.

Does this mean, for instance, from a 5% commission to a 4%? Or, does it mean a higher % to the GSA as a commission credit? This would mean a higher GSA commission credit.

Solicitation, Page 108, Section L.6.4, b., Solicitation, Page 108, Section L.6.4, b., asks for socioeconomic status:

How do you define small biz status? 7.5 mil average receipts only, or do you also consider employee firm size? Eg, less than 30 brokers, less than 10 staff but made over 7.5 mil? When will you let us know if we are considered an NAICS (53210) small business, so we can determine whether we have to include a small business subcontracting plan?

Please see Section K.1. FAR 52.204-7 System For Award Management (Oct 2018) and Section K.2. FAR 52.204-8 Annual Representations and Certifications (Oct 2018). Offerors SAM registration will be used to confirm small business size status. Please see Section M.2.5. Factor 5:

Small Business Socioeconomic Status to determine whether or not a subcontracting plan is required.

Solicitation Page 11, B.2

Solicitation Page 11, B.2 seems to suggest that if we are a small business, a small business subcontracting plan is not required? Please clarify.

Correct. Only 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 and comply with FAR 52.219-9.

Solicitation, Page 108, Section L.6.4, d., Solicitation, Page 108, Section L.6.4, d., discusses a team arrangement.

Since we are a small firm, with a single location in one state, we will subcontract a percentage of our task orders to a network of in-state brokers which we will manage and supervise. Would this be considered a “teaming arrangement” or “joint venture?” Or, would this merely be a subcontracting arrangement?

Please see FAR Subpart 9.6 for clarification regarding teaming arrangements such as partnerships, joint ventures and subcontracts.

If the offeror is proposing a Contractor Team Arrangement in accordance with Federal Acquisition Regulation (FAR) Subpart 9.6, separate evidence of each offeror's socioeconomic status shall be submitted as referenced in Section M.2.5. Factor 5: Small Business Socioeconomic Status.

Solicitation, Section H.3.8.6:

Is the experience requirement firm, or can come other relevant combination of education, training and experience, be equivalent to and satisfy the experience requirements? I ask this for all personnel listed but especially for the Zonal Project Managers?

Please see Section H.3.8.6. All experience, education, and training as stated for each role are the minimum requirements.

H.3.8.6:

For Zonal Project Managers, how broadly do you define 3 years of commercial real estate experience? Meaning, what will you consider other relevant training, education or experience?

Please see Section H.1. which defines commercial real estate experience as "Provided services should include lease acquisition services, such as performing market surveys, negotiating lease transactions, and preparing lease contract documents, in a geographic area similar to that required by this contract (zonal services in both rural and urban areas)." Other relevant training. experience, or education would be such expertise that is similar to the services requested under this contract.

Solicitation , Page 106, Section L.6.3, B, i., Do you want the resumes of the firms we will subcontract out to, or just the resumes of the brokers in our firm that will work on task orders?

Please see Section M.2.2. Factor 2 Paragraph 6. Resume(s) are required for the Zonal Project Manager and alternate if identified in the proposal and the SPAM (Senior Post Award Manager). Following award, resumes will be required for the other roles.

Solicitation P. 67, H.

3.8.1.:

Since this section indicates both prime and subcontractors should receive training, please specify which training sessions?

Please see Section H.3.8.6: Provides all minimum training requirements for all role types including those subcontractors and prime contractors.

(e.g. for subcontractors - "Market Survey Specialist / Individual Activity Participant (Local Broker)")

When should resumes be submitted for contractor personnel, with RFP or per task order? Same question for subcontractors.

Please see Section M.2.2. Factor 2 Paragraph 6. Resume(s) are required for the Zonal Project Manager and alternate if identified in the proposal and the SPAM (Senior Post Award Manager). Following award, resumes will be required for the other roles. Please reference Section H.

3.5.B.: If the subcontractor is performing an individual activity (e.g.

market survey only), they do not need to obtain a GSA email address. All other subcontractors (e.g. if serving as Transaction Manager, Post Award Manager, etc.) must comply with the same requirements as defined H.3.8.1.F.

P.68 B.:

If we are a single state commercial agency, but we align with subcontractors in all of the other states where we do not hold a license, but ensure that all subcontractors are licensed in their respective states, will that comply with federal law? If not, what would comply for a small real estate agency?

Please see Section H.1. paragraph C and paragraph D for the revised language in amendment.

H.7, P.75-76 H.7, P.75-76 mentions trainings. Are these the same trainings that may be virtual?

Please see Section H.7 Base Contract Award Zonal Orientation and Training.

Paragraph A: Training following award over the 3-4 day period will be in-person training.

Paragraph B: These training courses are available from multiple sources and are generally in-person.

Paragraph C: GSA occasionally holds training virtually on various subjects related to lease acquisition process.

Solicitation , Pages 67-68, Section H.

3.8.1, A-G:

Will the following comply with this requirement?: Contractor is licensed in her home state, State A, and gives a task order for a lease in State B to a Subcontractor licensed in State B assuming that the laws of State A and State B are complied with as it relates to out-of-state licensee deal sharing?

Please see Section H.1. paragraph C and paragraph D for the revised language in amendment.

Solicitations, Page 70, Section H.3.8.8:

It is commonplace in commercial real estate transactions, for a senior/experienced broker to rely on the time, effort and general work, of a junior broker with less experience to help transact leasing business. If the resumes of the key personnel listed on the graph on Page 70 are satisfactory, are those same personnel allowed to delegate any portion of their work to their closely supervised junior broker personnel? Should we include the resumes of the junior brokers who may assist the senior brokers?

Please see Section H.3.8.1. While the Contractor may have several personnel performing work in connection with a task order, one person with overall responsibility for successful completion of the task order must be designated for each task order. The prime Contractor is responsible for all work performed by their subcontractors.

Please see Section M.2.2. Factor 2 Paragraph 6. Resume(s) are required for the Zonal Project Manager and alternate if identified in the proposal and the SPAM (Senior Post Award Manager). Following award, resumes will be required for the other roles.

Solicitations, Page 108, Section L.6.3 2.

B,I,6:

This section appears to ask for 2 total resumes only for the RFP . . . one for the ZPM and one for the alternate each one page max? Correct? I want to confirm that these are the only 2 resumes needed for the RFP submission.

Correct. Please see Section M.2.2. Factor 2 Paragraph 6. Resume(s) are required for the Zonal Project Manager and alternate if identified in the proposal and the SPAM (Senior Post Award Manager). Following award, resumes will be required for the other roles. Resumes under the Management Plan should not exceed five (5) individuals. Please see the revised section L.6.3.2.

Solicitations, Page 7:

Should Form SF-33 be printed out; filled in by hand, scanned as a PDF to be included with the submission since is it not a fillable form?

Please see Section L.6.3. Submission And Content of Proposals for the revised language in the amendment.

Page 7 SF-33 questions about boxes 12-18…

Box 12: Should we just write in “120?”

Box 13: what %(percentage) shall we put in each box? Will referring to the FAR Section tell me what to provide?

Box 14: Since I have not seen any amendments, shall we mark NA here?

Box 15: For Code and Facility, what should we provide here? CAGE#, etc?

These sections are to be completed by the Offeror.

Refer to the the instructions for box 12.

The clause for box 13 in not in the solicitation therefore it is not applicable.

For box 14, amendments must be acknowledged. Monitor FedBizOpps for amendments prior to proposal submission.

For box 15, the Code and Facility are not required to be completed.

Page 23, Section C.

4.1.3

What training(s) are subcontractors required to complete, and is it identical to what the prime contractors must complete?

Section H.3.8.6. provides all minimum training requirements for all role types including those subcontractors and prime contractors. (e.g. for subcontractors - "Market Survey Specialist / Individual Activity Participant (Local Broker)")

Is it our responsibility to train subcontractors once we have been awarded the Prime Contract, or should they attend the virtual training with us at the same time?

Yes it is your responsibility to train your subcontractors.

Please see Section H.7.B.4.:4. After award, key Contractor personnel, as described in the Role Minimum Requirements Matrix (including subcontractors), shall attend an orientation to be provided by GSA in order to review contract requirements, discuss procedures for interfacing with the Government personnel responsible for ordering, monitoring, approving the Contractor's performance, and providing other appropriate orientation materials.

Following award, per section H.7.B.4: If a Subcontractor will be used to perform any function of the lease transaction, it is the responsibility of the Prime Contractor to ensure they are trained in the task they are to perform. The Subcontractor must be provided with the tools to ensure the task is completed and performed in accordance with Government standards and guidelines.

Solicitation Page 14, Section B.3.2:

Is the maximum commission a firm number or just a projection which could be exceeded? I ask because after reviewing your state-by-state pricing worksheet, I come up with a dollar amount that will exceed $60,000,000.

Please see Section B.3.2. The maximum quantities are inclusive of the base and all option periods per contract per zone.

When we designate information as private per FAR and it happens to be a Workbook or Excel page, where would you like is to insert the Private Content language?

An offeror's proposal is proprietary information and constitutes protected Source Selection Information upon the Government's receipt.

Is there a maximum number of pages that we can label as private in the

RFP?

Nothing should be marked as private. Proposals shall be submitted in accordance with Section L.6.3. Submission And Content of Proposals.

Solicitation Page 16, Section C.2:

How should we define “key personnel” that must attend training? Does this include subcontractors that we will work with on an ongoing basis?

Please see Section H.7.B.4.:4. After award, key Contractor personnel, as described in the Role Minimum Requirements Matrix (including subcontractors), shall attend an orientation to be provided by GSA in order to review contract requirements, discuss procedures for interfacing with the Government personnel responsible for ordering, monitoring, approving the Contractor's performance, and providing other appropriate orientation materials.

Solicitation Page 33, Section C.4.2.8.2.:

Although not mentioned specifically, should the subcontractor, to be assigned by contractor, attend these meetings too?

Please see Section C.4.2.8.2. If the subcontractor is performing a role such as the Transaction Manager, the subcontractor shall attend the meetings as stated in C.4.2.8. However, if the subcontractor is performing one activity such as a market survey, they are not required to attend all of the meetings in C.4.2.8.

Method of communication between Contractor and assigned Sub-contractors once a task order has been assigned. How should we exchange information if we are the only party with a GSA email address and access to G-REX? What is the protocol for contractor to subcontractor communication and exchange of confidential government data?

Please see Section H.3.5.B. If the subcontractor is performing an individual activity, they do not need to obtain a GSA email address. All other subcontractors (e.g. if serving as Transaction Manager, Post Award Manager, etc.) must comply with the same requirements as defined H.3.8.1.F.

The exchange of confidential government data is defined in Section H.5.

D.8. The Contractor must also comply with data sharing as described on page 64, section H.3.4., such as GSA Order CIO 1878.1, “GSA Privacy Act Program”, GSA Order CIO 2103.1, “Controlled Unclassified Information (CUI) Policy”, etc.

Solicitation P 65 Section G:

Solicitation P 65 Section G: Do subcontractors have to obtain GSA email addresses and comply with IT requirements guide as listed?

Please reference Section H.3.5.B.: If the subcontractor is performing an individual activity (e.g. market survey only), they do not need to obtain a GSA email address. All other subcontractors (e.g. if serving as Transaction Manager, Post Award Manager, etc.) must comply with the same requirements as defined H.3.8.1.F.

P. 72, H.5, D:

Please define acceptable paper document storage procedures. For instance, would a locking file cabinet with only Contract identified personnel having a key be acceptable, or do we need a separate physical location to store paper documents?

For electronic documents, aside from GFE/GFI and G-REX being a separate electronic document retention system, what more should we do to comply with this Section? Would separate servers in the same server room be acceptable?

Please see Section H.5. paragraph D. In regard to paper files, "to establish a "conflict wall", inform in a manner satisfactory to the Contracting Officer. Ensure that paper files and documents are kept, safeguarded, and maintained in separate, secure locations that will preclude access to Contractor personnel not working under this Contract, including Contractor personnel representing building owners or lessors".

By complying with the IT security requirements as stated in Section H.

3.4., the contractor's server requirements are fulfilled.

For the key personnel, can the Zonal Contracting officer have less than 3 years’ experience in real estate but substitute related legal and project management experience in lieu of 3 years or if has less than 3 years?

Please see Section H.3.8.6. Role Minimum Requirements Matrix prescribes the minimum requirements for all Contractor personnel. Note that G.1 contains Government personnel; the Zonal Contracting Officer is a Government Personnel type.

Solicitation Page 118, Section M.2.1:

When preparing the firm experience Excel Spreadsheet, since we will be subcontracting with multiple firms across Zone 3, would it be advisable to include a few transactions per subcontractor in each state, or do you want all 50-100 transaction instances to come from us as the Prime Contractor?

Per Section M.2.1, This factor considers an offeror’s (the corporate entity only, not individual personnel) experience in performing tenant or owner representation commercial broker services similar to the services described in the solicitation within the last five (5) years as a prime contractor or as a subcontractor where an offeror had primary responsibility for the overall program delivery. Therefore, the offeror must have performed the transactions.

Licensure Table:

How do you determine whether the commercial real estate firms we are going to be working with, in each state in our Zone, are “joint venture partners,” or just subcontractors? Is this definition up to us, internally, as the Prime Contractor?

Please see FAR Subpart 9.6 for clarification regarding teaming arrangements such as partnerships, joint ventures and subcontracts.

Licensure Table:

Are you asking for the “agency” license of each real estate firm in each state in the applicable Zone, or are you requesting one individual’s broker license per state?

Please see Section H.1. paragraph C and D for revised language in amendment.

Solicitation P.122, Factor 2, 3.:

When you reference “portfolio analysis,” are you thinking in terms of a GSA portfolio of work for a given federal agency?

Please see Section M.2.2. Standard for Evaluation that refers to the ability to review and assess a given portfolio of work as described in the solicitation.

Solicitation P.122, Factor 2, 6.:

Are you stating that Prime Contract candidates may be evaluated more favorably if our firm is personally licensed in all states in our Zone? This language was removed from Section M.2.2.

Solicitation, P 85, Section I.2.5. 52.219- 9, (c) 1:

Please explain this language in greater detail, “with a separate part for the basic contract and separate parts for each option (if any).” Is the basic contract the Prime contract and what information goes here? What information goes here for each separate part?

The FAR language is referencing the requirements for the data that is to be included in the subcontracting plan. Please see the GSA Model Subcontracting Plan Attachment 4 for additional information.

Solicitation, P 27, Section C.4.2:

You state lease preparation is one of the aspects of providing services;

however, if legal services are necessary, I assume the GSA would use its own governmental resources to draft these documents. “Preparation,” I assume, means filling out documents the government has created?

Correct?

The government will provide any required templates (e.g. RLP, etc.) to the Contractor. The Contractor will be responsible for filling out the template per GSA instructions. If legal input is needed, GSA will provide this resource.

Solicitation, P.88, Section I.2.5. 52.219- 9 (d) 9:

Solicitation, P.88, Section I.2.5. 52.219-9 (d) 9: This states that we have to require that our subcontractors have to adopt their own subcontracting plan. Is that correct?

It depends on the size of the subcontract. Per 52.219-9 (d) 9 "...the Offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $700,000 ($1.5 million for construction of any public facility) with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause."

Solicitation, P.88, Section I.2.5. 52.219- 9 (d) 9:

If so, would it be acceptable if agencies subcontracted for pre-award and post-award services in construction design and build trades?

Clause 52.219-9 does not apply to small business concerns.

Subcontractors are allowed to perform services under this contract.

Solicitation Page 107, Factor 4

Do you want the 3 client references to be only from the Prime Contractor’s clients, or would you want references from any subcontractor’s clients too? The references should reflect the work completed by the offeror.

Would RFQs be only for projects with projected commissions of $2M and above?

GSA will follow the ordering procedures as currently outlined in Section F.3. Ordering Procedures, F.3.

With bundle Task Orders, would the total bundle commission count toward the $2M threshold?

Correct, the estimated net commission is based on the task order value for an individual lease acquisition or for a group of lease acquisitions.

F.3

Please confirm the order of evaluation for fair opportunity task orders, specifically the task orders that are best value selection, will price be considered more or less important that the other areas of consideration.

Also, please confirm that for those task orders under $2M in estimated commission value, that the contracts will NOT be asked or have an opportunity to lower their price.

GSA will follow the ordering procedures as currently outlined in Section F.3. Ordering Procedures, F.3.

F.3

For task orders above the $2M estimated commission value, will it be expected or create an opportunity for bidders to also negotiate rates of Enhanced Service requirements?

If GSA provides an opportunity to offer a competitive commission rate for any task order, the Contractor is not required to provide a lower commission rate. The Contractor may respond with a commission rate equal to or less than the applicable awarded commission rate.

Contractors will have an opportunity to offer a lower commission rate for the module and a seperate rate for enhanced services if required for all task orders with an estimated commission value to the Contractor exceeding $2,000,000.00.

F.1 Please confirm if two or three awards will be made in Zone 4. Section F.1 states 2 and M. 1 states 3.

Please see the revised language in Section F.1. and M.1. of the amendment. Three (3) awards will be made in Zone 4.

C.3 – Aggregate Lease Value

For projects that do not include post award, please confirm the aggregate lease value should be calculated using shell and operating costs only?

Or is it calculated on the full commissionable portion of the amortized costs?

And, if the post award is not completed, how are we notified that the post award is complete and if the full allowances were used?

Under the previous contract (and per the recent clarification), it stated that the government would receive 100% of the commission tied to the amortized costs. This also ties into C.4.1.6, subparagraph E. It allows the broker to collect 100% of what is owed to us at the time of award for task orders that don’t have post award. In the event the full TI is not used, will is the credit owed?

For non-post award projects, the commission agreement says the commission is calculated as a percent of shell and opex but still includes a definition of the Aggregate Lease Value with amortized improvement costs.

If a module is selected that does not require Post Award Services, the Tenant Improvement Allowance and the BSAC allowance shall be subtracted from the Aggregate Lease Value prior to Lease Award in the calculation of the Contractor’s commission. Please see Section C.3.

Aggregate Lease Value and please refer to the revised Exhibit - Commission Agreement for additional information.

C.4.2.8.2

It appears both the Project Commencement Meeting and Project Orientation Meeting must be scheduled within 5 days of Task Order issuance. It states the Project Commencement Meeting must happen before the Project Orientation Meeting the contract doesn’t allow additional time to schedule the Project Orientation Meeting. Please confirm the Project Commencement Meeting should not include the agency (description says “core team”). Comparatively, the Project Orientation Meeting expressly states COR, PM, and Tenant Agency. Please define “core team.” Are meeting minutes required for the Project Commencement Meeting?

For the Project Commencement meeting, the expectation is that the contractor and the government are meeting internally before engaging the agency. The agency is required to attend the Project Orientation Meeting. The core team will be defined by the COR but does not include the tenant agency. The meetings must be scheduled within the 5-day period but do not necessarily need to occur within the 5 days. Please see Section C.4.2.8 for revised language about meeting minutes.

C.4.3.2.2 (Market Survey) & C.4.3.2.4 (Issue RLP)

What are the contract requirements for notification of rejection from market survey?

Please see Section C.4.3.2.2. For competitive new or replacing leases, the Contractor shall comply with Leasing Desk Guide Chapter 2, New or Replacing Lease, Part 2 Market Survey Process, Part 6 Post-Survey:

"must send a letter or email to prospective offerors after the market survey to address expressions of interest when the property does not or cannot meet the requirements of the agency."

C.4.3.2.3 –…