Response_to_Industry_Feedback_4.19.19.pdf

RESPONSE TO INDUSTRY FEEDBACK

GLS PLUS DRAFT SOLICITATION NO: 47PA0519R0001

1. Page 21, Commissions and Commission Credits: Under the current GSA GLS contract there is an opportunity to earn a Best Value Commission on individual projects. Has this commission structure been eliminated from the GSA GLS Plus contract? If so, why?

GSA Response: Yes, best value commission has been removed from GLS Plus.

2. Questions/Issues/Comments: Is GLS Plus suggesting that the broker front design fees 36 to 60 months in advance of an active lease procurement in addition to fronting the operational costs of the leasing services well in advance of receiving commissions, sometimes years later? If a task order is terminated or a Lessor refuses to pay a full commission after design fees are expended, will GSA be responsible for such fees? If there is a change in the terms of the lease (i.e. a reduction in square footage) resulting in a reduced fee to the broker, will GSA compensate Broker for the cost of expended design fees pursuant to the original scope of work. It is difficult to determine in advance of a task order if a Lessor will pay commission on TI allowance resulting in a reduced commission than otherwise priced by the Broker and increasing the cost of design services to Broker.

GSA Response: Regarding the broker fronting the design fees, yes, that is required.

However, the scope of work has been 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.

1. The Menu/Module is complex on many levels. Has any thought been given to changing this approach to something simpler (e.g., all require lease acquisition...could that be the base modified by additional add on services?)

GSA Response: Multiple approaches were considered based on feedback received. The menu of services encompasses the lease acquisition as the base with requirements development and post award as the add on services. GSA determined the selection of a module to identify the requested services as the most straightforward approach.

2. The entire menu of services will be paid through commissions, correct?

GSA Response: Correct

3. PAGE 7/8: B.1 SERVICES

Page 7 of the solicitation states, “GSA intends to award up to two contracts in each of the following zones...” Page 8, of the solicitation further states, “Award of these contracts will not preclude the Government from awarding additional contracts for similar services in the future…”

Would you please clarify whether, under this solicitation, GSA is committing to not exceed a maximum of two contract awards per zone under GLS Plus and, therefore, that the reference on page 8 relates to possible future, separate contracting efforts?

GSA Response: The intent is to award two contracts per zone for GLS Plus. GSA may, in the future, develop other contracts for similar services.

4. PAGE 10: B.3 PRICES, B.3.1 General, Paragraph 4 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, and offering agent, or a Contractor, property manager, develop, or any other agent or representative.

Comment: Offerors should be instructed in the RLP that a market rate commission is expected regardless of whether the Offeror has any form of representation as there is no connection. An Offeror who chooses no representation should not be excused from the obligation of paying GSA’s broker a market commission. As currently structured, GLS Plus would require the GLS Broker to undertake substantial requirements development and lease acquisition work at a significant out-of-pocket cost long before (in some cases years before) it would be known whether or not the successful offeror has leasing representation.

GSA Response: 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.

5. If a lease extension is required as a follow-on action to support continued occupancy, will the extension be automatically tasked to the existing Contractor, or is it at the GSA’s discretion to determine if the extension will be performed internally? (ref. C.4.2.6)

GSA Response: The lease extension is not automatically tasked to the broker. The extension may be tasked to the existing contractor if an applicable exception to fair opportunity is applicable (i.e. FAR 16.505(b)(2)).

6. If the lease requirements change during the development of the POR enough to put the requirements into a different module/pricing category, does that also change the commission structure? And if priced as a RFQ, will the commission cap revert to the contract pricing for that module?

GSA Response: GSA will be sure to clarify in the solicitation. If the module changes to one requiring a greater level of effort, then the price will adjust. If it decreases the level of effort, then the price will remain at the current level.

1. For non-prospectus projects onboarding the broker 42-36 months in advance and for prospectus projects onboarding the broker 60 months prior to lease expiration appears to be a long period of time for a broker to provide services and wait for the project to begin in order to receive payment for the work. Has thought been given to having a fee based structure for the market research and/or requirements development portion of the work that would be performed far in advance of the actual lease procurement portion of the project in order to cover the costs for such work when it occurs? In addition, gathering the market data this early in specific markets that tend to experience more volatility or upward movement in a shorter period of time will cause the need for the research to be done again when the project is ready to begin, thus doubling the efforts of all parties involved to ensure that the expectations are set properly when the project is actually getting underway.

GSA Response: Thank you for your feedback. The timing of on-boarding brokers is under consideration and revisions may be made to the final solicitation.

Concerning fee based structures, because this contract does not use appropriated funds, GSA is seeking services that can be paid through the commission only.

2. Can GSA provide any guidelines on how much work will require requirements development assistance? Some regions have their own space management specialists and we find it awkward/confusing to be working with and around dual track efforts. GSA should also provide better guidance to leasing staff regarding expectations for the broker regarding this process.

GSA Response: Requirements Development is associated with multiple modules, so the amount of work required for this phase will vary. Depending on the agency's requirements, the level of effort would also vary. GSA has a protocol document to establish roles in requirements development. GSA will provide staff with training on the new contract which will include training on roles and expectations.

3. You are holding contractor responsible for agencies compliance with the National Strategy for Real Property?

GSA Response: GSA is not holding the contractor responsible, but the contractor is expected to assist GSA in the review of an agency’s space requirement to determine compliance with the National Strategy for Real Property .

4. What percentage of agencies do not have requirements package, design guide and or space allocation standard?

GSA Response: Most agencies have a space allocation standard, however most do not have a standard requirements package or design guide given that projects vary in size/scope and the level of resources at agencies differ greatly. A limited number of agencies have special requirements packages.

5. Page 29 states, “If applicable, the Contractor shall develop a Block Plan. For agencies that do have a requirements package, design guide, or SAS, the Contractor shall review the document, clarify items, and address any issues with the agency’s submission”; the paragraph goes on to outline the Contractor’s responsibility for creating an ASR. This Requirements Development task raises the following concerns:

a. Concern that this could severely delay projects from non-responsive agencies that do not want to move locations. If included, responsibilities of the agency to provide the information should be stated to protect the Contractor.

GSA Response: Thank you for your feedback. In instances of agency delay, all parties will be held accountable. The expectation is for the broker to follow the escalation protocol and escalate appropriately.

b. The following tasks seem more appropriately included under Enhanced Requirements Development rather than Requirements Development within the module(s), as these are services that are not typically part of a standard broker services:

i. A room schedule that breaks down the space into its individual components.

ii. A design schematic layout that shows how the space will be laid out.

iii. Special requirements that detail any unique or non-standard requirements.

iv. General requirements that convey IT, security, or other requirements for the entire space.

Additionally, for the preceding bullet points, what agency specific information will be provided to the Broker to develop the deliverables?

GSA Response: Thank you for your feedback. This issue is under review and revisions may be made to the final solicitation.

c. Will there be a specific timeline in which the Contractor must complete all Requirements Development tasks? If so, will that duration differ based on the deliverables required for Requirements Development; i.e. ASR or other design?

GSA Response: For GLS Plus, there is not a specific duration for requested Requirements Development deliverables as it will be dependent on the individual project's schedule which is developed after task order award.

6. PAGE 28: C.4.3 DESCRIPTION OF TASKS TO BE PERFORMED IN MODULES, C.4.3.1

Requirements Development – Modules 1, 2 and 5 AND C.4.3.1 Enhanced Requirement Development General Comments:

a. GSA is giving the Contractor responsibilities without authority. How is GSA going to get its client agencies to make decisions and cooperate?

GSA Response: GSA will not require the contractor to do any work that it does not have authority to do under the terms of the contract. GSA will not allow the contractor to perform inherently governmental functions. In addition, GSA is conducting outreach to educate the customers on the importance and value of earlier engagement. If the agency is not cooperating, the broker must follow the appropriate escalation protocol outlined in the contract.

b. As these services are customarily provided by consultants on a time and materials basis, we recommend, as we have in the past, that GSA consider establishing hourly rates for the necessary professional services as part of the GLS Plus procurement, apply these hourly rates to price such services for specific projects as and when they are required, and then make appropriate adjustments to the Broker’s commission and the Government’s commission credit on such projects to fund the procurement of these professional services to the extent that the Government’s commission credit is sufficient to cover such costs.

GSA Response: Thank you for your feedback. Due to the fact that the contract does not use appropriated funds, GSA is unable to track time hourly. Therefore, the activities must be tied to a commissionable activity, the lease transaction. While no adjustments will be made to the commission, Contractors are expected to price for the services accordingly.

Specific Comments:

Space Standards Development:

c. The level of effort that could be required for the development of space standards is wildly diverse. The statement that “. . . the Contractor will work with the agency to develop Agency Specific or Special Requirements” needs further elaboration. Is the tenant agency primarily responsible for developing its own ASR, with advice and assistance from the Broker, or is the Broker expected to develop the ASR. There is a significant difference.

GSA Response: The broker is not expected to develop the ASR on their own.

When needed, the broker will assist the tenant agency to develop their ASR. The level of effort will vary depending on the client agency. Some agencies (e.g. FBI, DHS, SSA, etc.) have very detailed ASR packages and may require more assistance with delineated area analysis; other agencies may require greater assistance and the expectation will be for the broker to provide advice and assistance.

7. How often does the GSA anticipate the Contractor will develop the Agency Special Requirements (ASR)? What is required for a Block Plan, design schematics, room layouts, and security and IT standards?

GSA Response: The level of effort will vary depending on the client agency. It is GSA’s intent to provide templates for the deliverables.

8. What is the average or typical timeframe for Requirements Development currently when handled by the GSA? Is there an expected timeframe to complete the Requirements Development phase?

GSA Response: The RD process timeframe ranges depending on size, agency, and complexity of the project. There is not a specific duration for requested Requirements Development deliverables as it will be dependent on the individual project's schedule and agency need.

1. The scope of work noted includes work outside of a broker’s normal business requiring third party architectural personnel at substantial cost several years before the anticipated revenues for that work would be paid, which may not occur at all. Has GSA considered using the GSA Schedules to retain 3rd party expertise in these areas?

GSA Response: Thank you for your feedback. Regions may use 3rd party expertise to provide additional services.

2. This description requires that the broker hire an outside consultant with specialized knowledge in programming federal agency requirements, which further assumes a detailed knowledge of government lease acquisition, and will require those individuals to get security clearances, etc. Has GSA considered other in-house expertise to provide this same work (Design and Construction staff, for instance, or leasing specialists and space management specialists dedicated to such work)?

GSA Response: Thank you for your feedback. GSA does have in-house expertise and has considered using these resources.

3. (9.) PFW 66 – H 3.8.6: The description of POR Enhanced Requirements Development Consultant is of a professional requiring the broker to hire or outsource a 3rd party with the described skills. This would place an unfair cost on the contractor especially since the work being done is by a salaried professional and expenditures would be many months or even years. What reimbursement is provided if the project fails or is moved to government space?

GSA Response: No reimbursement will be provided if the project fails; however, GSA will make considerable efforts to only task the broker when federal space is not an option. POR Enhanced Requirements Development is not an unlimited offering. Only a certain number of projects can be requested on an annual basis.

4. For required preliminary budgets will you be giving contractor specs or pricing for your standard audio visual, security and telecom?

GSA Response: Yes

5. To perform the services of GSA’s in-house architects and planners, such as develop POR’s, budgets, block plans, etc. for tenant agencies, our firm will have to hire or subcontract to complete the work. Please provide cost estimates of the ERD services proposed.

Our assumption is that these services will be added when an agency is moving, adding a significant amount of space, or reducing space. In the event of space reduction, the total square footage will not be known until the POR is finalized. A significant reduction in square footage can reduce the total commission which potentially no longer supports the cost.

GSA Response: The Enhanced Post Award section shall be amended to ensure the services can be performed by a Senior Leasing Specialist or GSA Project Manager.

Additionally, GSA will limit the Requirements Development Services requested by a region when a significant amount of projects are delayed preventing completion.

6. Risk and Legal implications: Many of the services to be performed by the contractor, particularly “for agencies that do not have a requirements package, design guide, or Space Allocation Standard”, are typically performed by licensed Architectural firms. These firms are bonded, insured, licensed and qualified to provide, for example, “A design schematic layout that shows how the space will be laid out”. As a real estate firm, we are not able to assume the risk and liability that an architectural firm carries when designing or validating the Program of Requirements. In addition, legally, we cannot act as an “Agent” of GSA for these services (which means we cannot subcontract for architectural services on GSA’s behalf) – GSA needs to be “Prime” in any contract requiring architectural services in order for us to act as an Agent. In order to integrate such services, architectural firms will either have to contract directly with GSA, or potentially be part of the solicitation as Sub-Prime contractors partnered with Prime contractors.

Timing of commissions and financial burden for contractors: Architectural firms will have to be engaged in a task order well in advance of any earned commissions, up to several years in some instances (36-60 months in advance). This places a significant financial burden on the Prime contractor who will have to front payment to the architectural firm in advance of commissions being earned. It’s even possible that, after going through the planning process, a task order could be canceled, resulting in no commission. This differs from post award services where commissions are certain to be earned and the timing for the delivery of services closely corresponds with the receipt of commissions. The financial burden of having to utilize outside architects well in advance of earning commissions may be particularly challenging for small businesses.

Recommendation: GSA’s Enhanced Requirements Development and contracting goals may be better served by allowing successful contractors to partner with space planning and/or architecture firms that are prequalified by GSA and funded separately. Contractors can still be part of the project team to provide input during the requirements development process.

Requirements Development requires contractors to develop requirements comprehensive enough to form an ROM budget for GSA and agency consideration. Is the ASR template attached as an exhibit, if completed, comprehensive enough to meet the expectation of being able to form an ROM budget? In addition, the Special Requirements Package includes room schedule, design schematic layout, and general requirements that convey IT, security, and other requirements for entire space (if not provided by agency and required to be completed by Contractor). This shifts significant liability on to the contractor for any mistakes/misunderstandings. Will GSA/tenant agency be reviewing these and approving them once completed?

GSA Response: Thank you for your feedback. Based upon industry feedback, significant reductions will be made to Enhanced Pre-Award Services.

Yes, the ASR should be comprehensive enough to develop an ROM estimate to the extent that agency requirements do not significantly change. The GSA and agency will review and approve.

7. PAGE 30: C.4.3.1 Enhanced Requirements Development The solicitation states, “The Government may request Enhanced Requirements Development Services on no more than 20 task orders per year per zone for high value leases.”

Comment/Request: 20 task orders per year is not a meaningful cap for the National Capital

Service Area as it is likely a valid representation of the total number of high value task orders received by a Contractor in one year. We request that the cap be reduced and suggest utilizing a cap of 10, which is the maximum identified in C.4.3.6 for the Virtual Market Tour Option.

GSA Response: Thank you for your feedback. The suggestion is under consideration and

8. Will each Contractor be awarded up to 20 task orders with this service or is it up to 20 task orders to be divided amongst the Contractors in each zone?

GSA Response: There will be no more than a total of 20 task orders per zone tasked to the contractors in each zone.

9. Will the Contractor be responsible for providing any updates to the Program of

Requirements (POR)? If so, how many? If the task order is terminated for convenience or the requirement changes subsequently (shorter lease term, reduced square footage etc.), will the Contractor receive any reimbursement for the time spent developing the POR? In the commercial market, these services are not paid through the commission but as an additional fee. We believe we can provide a better value by performing the services, however; there is a tremendous risk performing this work speculatively well in advance of a potentially commissionable event.

GSA Response: Thank you for your feedback. The contractor will be responsible to make revisions but GSA will try to avoid significant changes. GSA will try to mitigate the risk, however compensation will only be available through commissions.

10. Regarding Contractor involvement with the creation of the POR, travel to tour the existing space, and agency interview, will GSA have a Client Planning Manager or Project Manager engaged as well?

GSA Response: Yes, a Client Planning Manager or PM will be involved.

11. Will the PORs developed by the Contractors establish the national standards for an agency? Or, will the Contractors be provided the national standards in order to design location-specific PORs?

GSA Response: No, PORs developed by contractors would not become national standards. The contractors will be provided with national standards, if available, to design location specific PORs.

12. If the intent is to design a POR to establish the agency’s minimum requirements nationwide, is it anticipated that the Contractor will receive bundled task order assignments for that agency? If a Contractor is tasked to develop the POR, will the Contractor have first priority for future assignments with that agency?

GSA Response: No, contractors will not be expected to develop a design guide for a particular agency nationwide; therefore, this will not be a determining factor as to whether or not a contractor will receive a group of projects. It is important to note, depending upon the specific project's needs, it is possible that the Government may request specialized experience (e.g. technical expertise at the agency or market level) for a particular task order. However, this does not guarantee that a contractor would receive future task orders for that particular agency.

13. The services are hard to quantify but the POR development phase would require the services of an architect in addition to Project Manager services.

GSA Response: Thank you for your feedback. This need is under consideration and

1. Please confirm that contract rates for enhanced projects can be bid at different commission rates since these projects will require additional support from consultants and/or additional staff hired for these specialties.

GSA Response: Confirmed; however, commissions must be bid in accordance with the pricing as stated in the solicitation.

2. As is now done with some other contracts, have brokers given proposals for those specific services to be paid as performed by the broker sub-contractor as needed. This would be based on fixed fee proposals outside the commissions. As stated previously, both require substantial expenditure by broker prior to receiving fees. The description of POR Enhanced Requirements Development Consultant is for a professional requiring the broker to hire or outsource a 3rd party with the described skills. This would require extensive travel outside Zone 4 DC. This would place an unfair cost on the contractor.

GSA Response: Thank you for your feedback. This issue is under consideration and

3. In the event a project is cancelled after Enhanced Requirements Development Services have been provided, the Contractor should have the ability to be paid for their work;

similarly, for Enhanced Post Award Services there should be a remedy for the Contractor in the event the Lessor does not pay a market commission. The scope of work in the Solicitation has increased dramatically from previous iterations of NBC/GLS Contracts and as such the risk of not being compensated for such work has increased. The current layout of the Contract pushes all the risk onto the Contractor with the Government bearing no risk at all. Contractors are willing to provide any services GSA requires but this dynamic needs to be more equitable.

GSA Response: Thank you for your feedback. The broker contracts do not use appropriated funds; therefore, services under the broker contracts must be paid as part of the commission. Revisions may be made to this section in the final solicitation.

1. Item 5- Progress Inspections – These require extensive travel, has that been considered when creating the requirement?

GSA Response: Thank you for your feedback. GSA evaluated regional needs and the associated travel requirements when developing the solicitation and it is expected that the contractor will price accordingly.

2. Item 7 Davis Bacon Act – This requires review of payrolls and interviews of labor personnel.

This is a specialized skill set requiring knowledge and approval of the construction company who works for the developer, not GSA, and would have to allow the contractor to interview the construction company. In addition, the act would require multiple trips, far more than construction inspections, to the construction site at each payroll period to check. This requirement outside of DC is unfair because of the excess travel with smaller projects in the dispersed geographic area of Zones 1,2 and 3.

GSA Response: Thank you for your feedback. This requirement has been removed from the solicitation.

3. Lease Files: Will all files be paper files or will paper files be replaced with documents uploaded into GREX? Will the process be directed to Regions by Central Office or will each Region be able to have their own preference on paper vs non-paper files?

GSA Response: Thank you for your feedback. This issue is under consideration and

4. The increased inspections for small and moderate sized projects involve considerable broker expense and travel time. Will these be recommendations or absolute requirements?

For example, a 25,000 sf project that involves carpet and paint in what turned out to be a succeeding lease shouldn't invoke three post award inspections; will GSA hold the broker to that number or can the guidelines be relaxed to state that such inspections will be conducted as warranted by the circumstances?

GSA Response: Thank you for your feedback, a statement will be added to the scope to clarify treatment for succeeding leases.

5. The chart on Page 39 of the Solicitation lists a minimum number of progress inspections during the post award phase of a procurement; please provide the maximum number of progress inspection permitted to be requested for each square footage range in the table.

GSA Response: Thank you for your feedback. The minimum has been removed given the overall contract is a minimum performance standard for GLS Plus. However, the Government may not require services beyond what is stated as the minimum contract standards but contractors may elect to provide services in excess of minimum standards based on the specific needs of the project.

6. Is there flexibility in the amount of travel and number of inspections required by the project managers? Some projects may require various number of inspections depending on the size and scope. Is it possible to handle this on a project-by-project basis?

GSA Response: Thank you for your feedback. The number of required inspections will be outlined in the final solicitation.

7. First, this scope is too vague for Offerors to price. It is also too vague to provide appropriate guidance for performance under the contract.

GSA Response: The scope for Post Award very closely follows the current GLS scope and the Leasing Desk Guide with the exception of a slightly increased number of progress inspections.

8. Although many firms have some of the required skills in-house, all or some of the scope would require subcontracting to qualified consultants. Those consultants could not price without a clearly defined scope.

GSA Response: Thank you for your feedback. GSA is considering revisions to the solicitation based on industry feedback to the draft solicitation.

9. PAGE 39-40: C.4.3.10 Post Award Services - Progress Inspections and Reports and On-Site Construction Progress Inspections

The Lessor (General Contractor) will often provide progress photographs with descriptions on a weekly or monthly basis. If provided by the Lessor, will photographs be required to be provided by the CCC in addition to those provided by the Lessor?

GSA Response: There is no CCC involvement expected for the standard Post Award Services. However, the contractor may choose to take additional photos at their own discretion, but there is no requirement to do so.

10. Will GSA also have an inspector documenting the construction progress?

GSA Response: Some regions may elect to have a GSA Inspector engaged during post award construction.

11. PAGE 41: C.4.3.10 Post Award Services – Acceptance Inspection

The COR does not always participate in the final inspection. If the COR does not participate in the final inspection, will the COR provide guidance on what photographs they would like to see prior to the final inspection walk through?

GSA Response: Yes. This can be done on a project-by-project basis depending upon specific project requirements.

12. Comment: Six (6) photographs per floor can be excessive if it is a multi-floor building.

Perhaps require a maximum number of photographs for the building with a minimum per floor, if applicable? For example, six (6) photographs required per floor for buildings with up to three (3) floors. If the building has four (4) floors or more, at least 15 photographs are required with a minimum of two (2) photographs per floor.

GSA Response: Thank you for your feedback. The contractor, in consultation with the COR, will determine the content of the photos and/or the photos per floor based upon the language in the solicitation.

13. Page 37, C.4.3.10. Post Award Services (Modules 1, 3, 5)

Paragraph 2: Design Intent Drawings and Construction Drawings:

a. Please advise if a criteria for determining the necessity of the Design Intent

Drawings (DID) Workshop will be established by the GSA.

GSA Response: Thank you for your feedback. This varies on a case-by-case basis.

When feasible, project teams may consider having DIDs prepared via a DID workshop which improves overall efficiencies in the acquisition process and reduces schedule time.

b. In the event the DID Workshop is conducted “virtually”, please advise if the GSA will provide the project team with access to meeting space or will this be a Broker responsibility.

GSA Response: GSA contractors will have the same technology available to GSA personnel. The virtual capabilities should be coordinated with the person establishing the meeting.

c. Evaluation of the DIDs | CDs for conformance to Agency Specific Requirements should be conducted and confirmed by the Agency’s Technical Representative to ensure the requirements are properly interpreted and depicted on the drawings in accordance with the Agency’s needs. Evaluation from a technical perspective and or “input” on the design drawings would require the involvement of a design professional as an additional service due to potential risks. In the event of errors and omissions the final responsibility for confirmation that the DIDs | CDs comply with the Lease requirements should remain the responsibility of the Lessor and the Architect of Record.

d. Due to the risk involved, it is not recommended that Brokers assume the responsibility of verifying and evaluating drawings produced by the Lessor’s Architect for compliance with the specifications produced by the Agency. It is recommended that the GSA obtain confirmation from the Agency Point of Contact (or Technical Representative) that the DIDs | CDs conform to their requirements.

GSA Response:Thank you for your feedback. GSA requires the same level of overview that a Leasing Specialist/PM would provide in accordance with the LDG.

The sole responsibility does not rest with the brokers as this process is intended to be collaborative; inclusive of the tenant agency, GSA, and the broker. The scope for Post Award very closely follows the current GLS scope and the Leasing Desk Guide with the exception of a slightly increased number of progress inspections.

e. Please advise if design fees will be outlined and negotiated prior to lease award. If so, please advise if the Broker Contractor will be responsible and or assist the GSA with review of design proposals as a part of the negotiation process. RLP package should stipulate / highlight the minimum performance requirements of the Lessor’s Architect and General Contractor during the post award phase to include completion of progress site inspections, submission of detailed Inspection | Field Reports inclusive of photographs, etc. Negotiated fees should be memorialized in the final lease package.

GSA Response: Yes, design fees are negotiated prior to lease award. While design fees are indicated on the lease proposals, review of detailed design proposals are not currently part of the review process.

14. Paragraph 5: Progress Inspections and Reports Please clarify if the GSA will require the same number of “minimum” inspections for projects that require minimal Tenant Improvements, paint and carpet only, etc. Advise if this requirement will be evaluated on a case by case basis as it relates to the required frequency of the visits. Depending upon the scope of work and the length of time/ travel required, this may not be cost effective for Brokers if the expenses are to be included in commission.

GSA Response: A statement has been added to the final solicitation to reduce the number of inspections for succeeding lease projects requiring minimal tenant improvements.

GSA Response: Thank you for your comments and suggestions for the Enhanced Post Award Services section of the draft solicitation. As a result of the industry feedback received, the scope of work for the Enhanced Post Award Services will be revised.

1. What constitutes a "high value lease"?

GSA Response: High value leases are those at or above $750,000 annual rent fully serviced. This threshold is subject to change on an annual basis.

2. What recourse does the Broker have if the negotiated fee is below market and does not cover the actual cost to provide these services?

GSA Response: It is the responsibility of the broker to negotiate their commission based on the market.

3. Provide support behind the required number of on-site inspections.

GSA Response: The number of inspections is based on a reasonable ratio which considers the number of inspections in relation to the size of the project.

4. Will Contractors be expected to provide these services under a task order in which Enhanced Post Award are stipulated but the marketplace does not pay commissions on tenant improvement costs? It is likely that this will not be known until the solicitation phase of the project.

GSA Response: Lessors are expected to pay a commission based upon GSA’s definition of the aggregate lease value which includes tenant improvements for projects where post award services are required.

5. Is there flexibility in the amount of travel and number of inspections required by the project managers? Some projects may require various number of inspections depending on the size and scope. Is it possible to handle this on a project-by-project basis?

GSA Response: The contract provides the number of required inspections based on project size.

6. During the design phase, DID development, is the broker responsible for technical feedback review?

GSA Response: The contractor is expected to review in accordance with the DID Review Guide Checklist.

7. If an IGE is necessary, will the GSA provide the IGE?

GSA Response: When required, the contractor shall request an IGE directly from the designated Design and Construction representative (Estimator, Construction Manager, etc.). If the technical construction representative is a Government contractor, the COR shall obtain the IGE.

8. Will each Contractor be awarded up to 20 task orders with this service or is it up to 20 task orders to be divided amongst the Contractors in each zone?

GSA Response: The 20 task orders would be awarded, using fair opportunity, among all contractors in a given zone.

9. For Change Order Request, is the Contractor being asked to provide a Fair and

Reasonable Assessment of the Change Order Request? It would be helpful to identify the Guidelines that Contractors will need to follow.

GSA Response: The contractor would obtain and negotiate pricing for a Change Order Request. However, Fair and Reasonable Determinations remain an inherently governmental function.

10. Please confirm the potential travel requirements for a single project?

GSA Response: The potential travel requirements will vary for each project.

11. Progress Inspections Please clarify if the bi-weekly construction diary as well as meeting minutes and inspection reports shall be prepared and submitted by the Lessor | Lessor General Contractor.

GSA Response: Thank you for your feedback. GSA will clarify the requirement and update the final solicitation. However, it should be noted that the Government requires the contractor to provide additional QA/QC outside of what the Lessor's General Contractor typically provides.

https://www.gsa.gov/cdnstatic/DID_Review_Guide_Final.pdf https://www.gsa.gov/cdnstatic/DID_Review_Guide_Final.pdf

1. There are third party platforms that fill this need. Not sure how the Contractor would provide that info to the Government

GSA Response: While there are third party platforms that are used by some building owners, the Government requires the broker contractor to provide a solution in accordance with the requirements as stated in C.4.3.6,. These tours are designed to minimize travel costs. The contractor is responsible to coordinate and/or conduct the scan per building and provide a presentation and overview to the Government.

2. Are there any FISMA compliance issues with regards to uploading the camera footage?

They require a secured cloud-hosted storage system, does it need to be verified as FISMA compliant? What method will GSA provide for uploading the extremely large files into GSA email and websites?

GSA Response: Thank you for your feedback. GSA is conducting research on this service and will provide additional information in the final solicitation. .

3. This may be a good idea in theory, but providing professional photographic services will be a costly item for the broker, and procurement integrity issues might be a challenge as well.

Has GSA experimented with this process anywhere (outside of DC),and if so, can they share the results?

GSA Response: GSA has used a variety of camera technologies as part of the market survey. This technology is widely used in private industry. .

4. For these virtual market tours how many properties are you expecting to be included?

GSA Response: On average, a typical GSA market survey may include 3-7 properties.

5. The Solicitation provides a minimum number of projects (7 to 10 per Region) for which this service will be requested; please provide a maximum number? For pricing purposes does GSA anticipate virtual market tours for the majority of task orders issued under this Contract? Virtual Market Tours result in significant additional time and resources during the market survey phase including preparation of acceptable media for distribution to the COR and agency user.

GSA Response: Thank you for this feedback. Ten(10) lease projects per region per year for at least the first two years is the maximum. This will be clarified in the solicitation.

6. The scope states that the “Contractor will be expected to utilize the camera to complete a

360-degree scan of the spaces”. Can GSA clarify the definition of spaces? Does this mean every room? For larger requirements with multiple buildings to tour this could be very time consuming.

GSA Response: The virtual market survey should, at a minimum cover the information found on the Market Survey Form, Form 2991.

7. Does GSA anticipate agency representatives being present during a virtual market survey, this will be helpful to know for coordination purposes?

GSA Response: GSA and customer agency representatives will still attend the market survey tour. The virtual market survey is not meant to be a replacement for the physical tour. However, GSA does anticipate a reduced number of agency attendees. The broker firm will be expected to perform a presentation covering the virtual tour component.

8. Has GSA considered this being priced as an add-on service as it will result in a significant amount of additional time and resources during the market survey phase of the project?

GSA Response: All services will be paid through the commission. It is recommended that interested firms research options now as to how to meet this requirement. Please consider researching technology options for this service as it will be included as a requirement in the contract. The contractors should account for this cost when determining their proposed commission rate.

9. Does GSA plan on providing virtual market survey training for CORs?

GSA Response: Yes, GSA will train CORs concerning expectations and requirements for virtual market surveys.

10. Space tours which are aided by 360 degree camera technology are sometimes provided by more sophisticated landlords in primary market areas. In these situations, contractors can access the landlord’s technology to provide virtual tours or easily hire photographers to help prepare such tours. Conversely, contractors will be presented with much greater challenges if GSA intends to utilize virtual tours for buildings where the landlord does not offer these services, or in tertiary market locations. Landlords in these markets will be much less likely to utilize such technology and contractors could find it much more difficult to find photographers to hire. This means that contractors will either have to purchase the technology and train its staff or hire third party vendors who will have to travel to tertiary markets to customize a virtual tour, resulting in additional costs to contractors – especially.

Consider limiting the virtual market tour option to large MSA projects, over 10,000 RSF to reduce undue financial burdens to contractors.

https://www.gsa.gov/forms-library/lease-market-survey-existing-building

GSA Response: Thank you for your suggestion. GSA will consider your feedback. It is expected that the contractor will price accordingly.

11. The camera system capability identified refers to a “cloud-hosted storage system.” Please clarify what cloud hosted storage system meets GSA requirements for storage. Further, the contractor is expected to provide a “virtual presentation” to the COR and Agency.

GSA Response: Thank you for your feedback. Clarification will be provided in the final solicitation.

12. Please clarify if the government intends to “solicit” or “not solicit” based on this presentation.

Will the Virtual Market Tours be in addition to the physical market tour, or in lieu of the physical market tour?

GSA Response: The virtual market tour will be in addition to the physical tour. It is not meant to be a replacement for the physical tour.

13. If the Contractor does a Virtual Tour and then the project gets restarted, will a second

Virtual Tour for the same task order count as one of the 7-10 per zone?

GSA Response: Because the virtual market tour would be requested under the task order, all surveys would be counted under the same project. This will be clarified in the final

14. Section C

Page 33, C.4.3.6. Virtual Market Tour Option What factors contribute to a Task Order being qualified for Virtual market tours? How did GSA arrive at the 7 to 10 lease projects per region per year?

GSA Response: GSA will internally vet projects and consider a variety of factors including size of project, geographic area, and the agency type. GSA evaluated the lease requirements in each region and developed the minimum based on potential need.

1. What system does GSA provide for brokers input of performance or lack of responsiveness of realty specialist/contracting officer representatives and/or contracting officers?

GSA Response: If at any point a COR is not performing, the broker must escalate these issues to their Regional Program Manager. If the issue remains or is not resolved in a timely manner, it should be escalated to the National Contracting Officer's Representative and National Program Manager.

2. Will there be a system in place for requiring the same response time by GSA employees to broker contractors as there is for broker contractors to GSA employees?

GSA Response: Both the broker and COR must adhere to the project milestone schedule.

If the COR is not complying, the broker must escalate these issues to their Regional Program Manager. If the issue remains or is not resolved in a timely manner, it should be escalated to the National Contracting Officer's Representative and National Program Manager.

3. Schedule milestones are an important part of the contractor's evaluations, yet we find continual problems region-wide with GSA delays related especially to responsiveness.

Many situations involve continual attempts to get a response from specialists, contracting officers, etc., and have been escalated to management but the patterns persist. To what extent will GSA encourage their own staff to provide greater responsiveness so that milestones can be achieved?

GSA Response: Meeting project schedules is a key performance indicator for the Public Buildings Service. Regional leadership is compelled to address the timely completion of lease projects at the highest level of the organization through an employee's individual performance plan. At the program level, GSA has procedures for addressing COR performance issues.

4. This section states that “The Government may also elect to evaluate a sample group of lease projects (limited and moderate) at the COR level.” Will the task order and/or Broker Summary Sheet note whether or not the project will require reviews at the COR level or will this be determined while the project is ongoing?

GSA Response: Every task order will be evaluated at the national and regional program level. The COR will evaluate the broker on all high value projects and a random sampling of moderate and limited value projects. There will not be a notation on the Broker Project Summary Sheet. The notification will take place during the progression of the project.

5. Will the Contractor have the ability to review and, if appropriate, dispute evaluation of the

COR rating and ratings from other Program Officials?

GSA Response: Contractors will have the ability to dispute evaluations.

6. Understanding that schedule delays can be caused by the agency, unresponsive COR’s, and unforeseen events, will the evaluation be based on the most up to date (revised) schedule or will it be based on the initial project schedule?

GSA Response: Evaluation regarding the schedule is based upon whether or not the lease is replaced without an interim leasing solution prior to the existing lease expiration date.

7. Has GSA considered other methods in which cost control can be evaluated? Bullseye targets are often out of date or use building comps that do not fairly compare to the uniqueness of a specific space requirement. The contract should include an adjudication process for revisiting bullseye targets.

GSA Response: Yes, other factors were considered for cost control. The brokers and regional leasing personnel will be held to the same standards.

8. Comments on current reviews are typically boilerplate and often appear to be cut from another project and pasted into the review template. When submitting an evaluation of Satisfactory of worse, can the Contract require that COR’s support the rating with substantive comments; if these are not provided the Contractor can ask for the rating to be revised. This is not only fair but will help the Contractor understand what is required to improve.

GSA Response: CORs are instructed and trained to provide detailed feedback on both value adds and opportunities to improve based on the broker's performance. Performance should be discussed in monthly meetings prior to formally documenting feedback in an evaluation. Contractors may dispute evaluations if they disagree with the rating or narrative.

9. There are 6 different modules, and a different set (and number) of milestone performance ratings for each module. Are all ratings weighted equally? An unfair distribution in modules could lead to uneven performance scoring. Could one broker obtain an unfair advantage if they were tasked a Module 1 project versus another broker who was tasked a module 6 project. Likewise, the size of the project is also not considered. Is a 500SF Module 3 that could be completed in 4 months to be given the same weighting as a Prospectus level Module 1 assignment that might take 5 years to complete?

GS…