GLS MAX - Draft Contract_ Sections B - J (1).pdf

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GLS MAX Draft Contract: Sections B-J

GSA welcomes and seeks industry feedback via comments, questions, and recommendations for the GLS Max draft solicitation comprised of Sections B - J.

In reading through this draft solicitation, if you have feedback:

● it should be provided electronically using the Request for Information Feedback Form: GLS Max Draft Contract for Broker Services

● for multiple comments on one Section or many Sections, submit each comment separately

● there is no limit to the number of times you can submit the Request for Information Form

● it must be received no later than July 22, 2024.

GSA thanks you in advance for your input and participation in this very important step.

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GLS Max Sections B - J

Table of Contents

SECTION B - SERVICES AND PRICES

B.1 Description of Services B.2 Small Business Goals B.3 Commission B.3.1 General

B.3.2. Minimum and Maximum Quantities

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 GSA’s Vision and Mission C.2 Definitions and Terminology C.3 Statement of Work (SOW) C.3.1 GSA / Contractor Partnership: Management Plan and Global Project Management Approach

C.3.2 Lease Procurement Actions The Contractor shall be responsible for the efficient delivery of a variety of lease procurement services:

C.3.3 Supplemental Services C.3.5 Geographic Zones

C.4 Task Order Issuance C.4.1 Task Order Issuance by Portfolios of Work C.4.2 Task Order Issuance by Individual Task Orders C.4.3 Travel C.4.4 Changes after Task Order Issuance C.4.5 Task Order Termination

C.5 References, Publications and Source Documents C.5.1 Role Interpretation within References, Publications and Source Documents C.5.2 Contractor Functions C.5.3 Inherently Governmental Functions

C.6 Leasing Actions C.6.1 Overview of Lease Procurement Actions C.6.1.1 Categories of Lease Procurement Actions C.6.2 Categories of Supplemental Services

C.6.2.1 Requirements Development Supplemental Services

C.6.2.2 Lease Acquisition Supplemental Services C.6.2.3 Post Award Supplemental Services

C.6.3 Description of Lease Procurement Actions C.6.3.1.1 Lease Acquisitions (Module A1: Under $10M Aggregate Lease Value) OR (Module A2: Over $10M Aggregate Lease Value) C.6.3.2 Module B: Lease Expansions C.6.3.3 Module C: Lease Renewals C.6.3.4 Module D: Lease Extensions

C.6.4 Description of Supplemental Services C.6.4.1 Description of Requirements Development Supplemental Services C.6.4.2 Requirements Development Planning Services C.6.4.3 Requirements Development Project Management Services C.6.4.4 Consultancy for Acquisition Planning Services (CAP):

C.6.4.5 Description of Lease Acquisition Supplemental Services C.6.4.5.1 Virtual Market Tour / Virtual Building Tour C.6.4.6 Description of Post Award Supplemental Services C.6.4.6.1 Document Support Technician Services C.6.4.6.2 Post Award Project Management Services C.6.4.6.3 Advanced Post Award Services

C.7 General and Administrative Requirements C.7.1 Key Meetings

C.7.1.1 Task Order Kick-off Meeting C.7.1.2 Required Portfolio of Work Kick-off Meeting C.7.1.3 Required Project Kick-off Meeting C.7.1.4 Required Customer Agency Kick-off Meeting C.7.1.5 Required Post Lease Award Orientation Meeting C.7.1.6 Required Regional Monthly Partnership Meeting C.7.1.7 Required Regional Semi-Annual Contractor Performance Review Meeting C.7.1.8 Required National Semi-Annual Contractor Performance Review Meeting C. 7.1.9 National Business Relations Meeting

C. 7.2 Records and Information Management C.7.2.1 Lease File Management C.7.2.2 Disposition of Lease File Records

C.7.3 Staffing, Response Times, and Communication C.7.4 Project Schedules C.7.5 Tools and Innovation

C.8. Disputes, Protests, Claims, Appeals, Congressional Inquiries and

Freedom of Information Act (FOIA) Requests C.8.1 Disputes and/or Protests C.8.2 Claims and Appeals C.8.3 FOIA, Congressional and Other Inquiries

C.9 Market Intelligence C.9.1 General C.9.2 General Market Overviews C.9.3 Portfolio Market Analysis C.9.4 Specific Market Research

C.10. Contractor Quality Control Requirements C.11. GSA Quality Assurance Inspection Program (Evaluations)

C.11.1 GSA Assessment of Contractor Performance C.11.2 Frequency of GSA Assessment of Contractor Performance

C.12 Minimum Contract Quality Standards C.12.1 Categories

C.12.1.1 Quality C.12.1.2 Schedule/Timeliness C.12.1.3 Cost Control C.12.1.4 Management C.12.1.5 Contractor Small Business Subcontracting

C.12.2 Contractor Performance Assessment Reports System (CPARS) C.13 Contractor Commissions C.13.1 Negotiation Objectives, Commission, and Commission Credits

C.13.1.1 Negotiation Objectives C.13.1.2 Developing the Broker Commission Agreement C.13.1.3 Assessing the Commission C.13.1.4 Documenting the Commission C.13.1.5 Timing of Commission Disbursement

SECTION D - PACKAGING AND MARKING

D.1. Payment of Postage Fees D.2. Marking/Identification D.3. Email Correspondence

SECTION E - INSPECTION AND ACCEPTANCE

E.1. General E.2. Inspection of Services - Fixed Price (FAR 52.246-4) (Aug 1996)

SECTION F - DELIVERY AND PERFORMANCE

F.1. Place of Performance F.2. Term of Contract F.3. Ordering Procedures

F.5 Order Changes After Task Order Issuance F.6 Termination of Task Orders Prior to Completion F.7 Performance Criteria F.8 GSA Ombudsman

SECTION G - CONTRACT ADMINISTRATION DATA

G.1. GSA Roles and Responsibilities

G.1.1 Planning Manager (PLM) G.1.2 Contracting Officer’s Representative (COR) G.1.3 Lease Contracting Officer (LCO) G.1.4 National Contracting Officer (NCO) G.1.5 National Contracting Officer’s Representative (NCOR) G.1.6 National Program Manager (NPM) G.1.7 Project Manager (PM) G.1.8 Regional Portfolio Sponsor (RPS) G.1.9 Regional Program Manager (RPM) G.1.10 Zonal Contracting Officer (ZCO)

G.2 CUSTOMER AGENCY ROLES and RESPONSIBILITIES G.2.1 Customer Agency

G.3 FINANCE DATA

G.3.1 Documentation of Commission and Commission Credits at Offer Stage

G.3.2 Evaluation of Commissions and Commission Credits G.3.3 Commission Verification and Documenting Commission in Lease Contract Documents

G.4 SUBCONTRACTING

G.4.1 Subcontracting Plans

G.4.2 Subcontract Reporting

SECTION H - SPECIAL CONTRACT REQUIREMENTS

Section H addresses special contract requirements regarding the following:

H.1 Contractor Firm Requirements As identified in Section C.1, the Contractor’s written Management Plan shall:

H.1.2 Contractor Firm and Personnel Licensure Requirement H.1.3 Contractor Firm Office Location and Personnel Availability H.2.1 Contractor Key Personnel

H.2.1.1 Post Award Manager (PAM) H.2.1.2 Senior Post Award Manager (SPAM) H.2.1.3 Zonal Program Manager (ZPM) H.2.1.4 Transaction Manager (TM)

H.2.2 Contractor Support Personnel H.2.2.1 Individual Activity Participant

H.2.2.2 Post Award Document Technician H.2.2.3 Requirements Development Planning Manager H.2.2.4 Requirements Development Project Manager H.2.2.5 CAP Manager

H.3 Contractor Personnel Requirements H.3.1 Contractor Training Information

H.3.2 Contractor Personnel Education, Experience and Training Requirements

H.4 Contractor Security Requirements H.4.1 Safeguarding Sensitive Data and Information Technology Resources and Securing Government Information H.4.2 Government Furnished Equipment (GFE) and Government Furnished Information (GFI) H 4.3 GSA Policies H.4.3.1 Personal Identity Verification Requirements (April 2023) H.4.4 Contractor Required Security and IT Training

H.5 Contractor Conflict of Interest (COI) Information H.5.1 General

H.5.2 Conflict Of Interest Purpose H.5.3 Definitions Relating to Conflict of Interest (For purposes of this clause) H.5.4 Restrictions

PART II

SECTION I - CONTRACT CLAUSES

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

1998):

I.2. FAR CLAUSES INCORPORATED IN FULL TEXT

I.2.1. 52.249-4 Termination For Convenience Of The Government (Services) (Short Form) (Apr 1984) Deviation I.2.2. 52.216-19 Order Limitations (Oct 1995) Deviation I.2.3. 52.243-1 Changes-Fixed-Price (Aug 1987) Alternate III (Apr 1984) Deviation I.2.4. 52.243-7 Notification Of Changes (Jan 2017) Deviation I.2.5. 52.219-9 Small Business Subcontracting Plan (Aug 2018) Alternate II (SEP 2023) Deviation I.2.6. 52.217-8 Option to Extend Services (Nov 1999) I.2.7. 52.217-9 Option to Extend the Term of the Contract (Mar 2000) I.2.8. 52.216-22 Indefinite Quantity (Oct 1995) I.2.9. Reserved I.2.10. GSAR 552.204-70, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG

2019) I.2.11. 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (OCT 2021) (DEVIATION) I.2.12. 52.204-29 Federal Acquisition Supply Chain Security Act Orders–Representation and Disclosures (DEC 2023)

PART III

SECTION J - EXHIBITS

J.1 List of Exhibits Exhibit 2A: Organizational Conflict of Interest Agreement Exhibit 2B - Individual Conflict of Interest and Non-Disclosure Agreement Exhibit 2C - Dual Agency Disclosure Statement Exhibit 3 - GLS Max Broker Commission Agreement (BCA) Exhibit 3A - GLS Max Broker Commission Agreement (BCA) Cover Letter Exhibit 4: Agency Long Term Space Requirements Needs Interview Questionnaire Exhibit 5: Agency Specific Requirement (ASR) Template

SECTION B - SERVICES AND PRICES

This is a Multiple Award Indefinite Delivery Indefinite Quantity (IDIQ) Contract.

B.1 Description of Services The Contractor shall provide all management, supervision, material, labor, supplies, and equipment for all of the services described in this solicitation. This Contract is being solicited as a one (1) year Contract, with four (4) one (1) year options, for a potential Contract period total of five (5) years. Services provided support the General Services Administration (GSA), Public Building Service (PBS) Office of Leasing. The services will support the acquisition of leasehold interest and related real estate services for GSA's Federal tenants in four geographic zones which include the eleven GSA Regions. See Section C.3.4, Geographic Zones.

B.2 Small Business Goals The Office of Small Disadvantaged Business Utilization (OSDBU) is responsible for negotiating GSA's annual Small Business Program goals with the U.S. Small Business Administration (SBA) to ensure that small businesses have the maximum practicable opportunity to provide goods and services to the Federal Government. More information regarding the Small Business Goals is available at GSA OSDBU. 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. Offerors should understand that this procurement has not been strictly set aside for small businesses.

B.3 Commission B.3.1 General Offerors must understand that GSA will not make any direct commission payment or reimbursement to a Contractor for any contracted services. Rather, under the terms and conditions of this Contract, and in accordance with industry practice, successful Contractors have the opportunity to obtain payment for their services by collecting a negotiated real estate commission paid by a building owner (the successful offeror on a lease acquisition). The contractor will retain part or all of that commission as payment for services performed (“net commission”). Offerors will propose the percentage of the negotiated commission that they intend to retain through payment from the lessor as compensation for their services. The remaining percentage of the negotiated commission, if any, is the amount credited to GSA in the form of a rent credit.

Offerors should be aware that generally, GSA anticipates firm lease terms ranging from three (3) to ten (10) years, although firm terms may be longer or shorter.

Successful Contractors shall not collect commission on lease option periods or for lease terms beyond the firm term of the lease.

GSA will make every effort to only issue task orders for lease procurement actions https://www.gsa.gov/small-business/small-business-goals-and-performance in which commissions are anticipated. For example, GSA will generally not issue orders for space at airport locations because commissions are rarely offered on these actions.

Offerors participating in a lease procurement action are notified through the GSA Request for Lease Proposals (RLP) that a commission is expected and must be paid wherever the offeror itself is represented by a listing agent, offering agent, property manager, developer, or other representative.

Once the task order is issued, in the rare event that it is determined that no commission is available, the Contractor shall notify the Zonal Contracting Officer (ZCO) and Contracting Officer’s Representative (COR) immediately and the task order will be terminated by the ZCO. GSA is not liable for services performed up to the date of notification. After notification, GSA will no longer require the Contractor to continue services on that task order, and the Contractor shall provide GSA with all lease acquisition related records.

Further information regarding commissions may be found in Sections C and G of this document. Note: For all lease procurement actions, Contractors should not anticipate collecting a commission for services before twelve (12) to forty-two (42) months following task order award.

For lease acquisitions tasked in support of the 2030 Census and in response to emergency declarations issued pursuant to statutory authorities, the Contractor will retain the entire commission collected. (For the full retention, the 2030 CENSUS projects must be less than 24 months in firm term and less than 9,000

RSF)

NOTE: There is no minimum estimated net commission tasking threshold for work tasked in support of the 2030 Census and in response to an emergency declaration.

B.3.2. Minimum and Maximum Quantities In accordance with FAR 52.216-22 (b), the Contract minimum and maximum quantities, inclusive of the base year and all option periods, are as follows:

Minimum: For services as specified in the Contract, GSA will issue one or more task orders per Contractor for each of the four zones. The task order(s) issued will total a minimum estimated net commission per Contractor, per zone, as follows:

● Northern Service Area (Zone 1): $250,000.00

● Southern Service Area (Zone 2): $250,000.00

● Western Service Area (Zone 3): $250,000.00

● National Capital Service Area (Zone 4): $250,000.00

Funding information for the minimum quantity is provided for administrative purposes only. No payments will be made to Contractors by GSA under this Contract unless the minimum guarantee is not met as a result of the estimated net commission anticipated from task orders issued.

Maximum: GSA may issue task orders for services specified in the Contract up to a total maximum estimated net commission per Contractor, per zone, as follows:

● Northern Service Area (Zone 1): $55,000,000.00

● Southern Service Area (Zone 2): $70,000,000.00

● Western Service Area (Zone 3): $60,000,000.00

● National Capital Service Area (Zone 4): $145,000,000.00

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT

OF WORK

C.1 GSA’s Vision and Mission As an agency, GSA’s vision is to provide effective and efficient government for the American people. Our mission is to deliver the best customer experience and value in real estate, acquisition, and technology services for the government and the American people.

GSA PBS’s Office of Leasing is the entity responsible for the acquisition and administration of leasehold interests, and provides workspace for more than 1.1M federal workers. Its mission is to assist federal agencies in accomplishing their respective missions by providing lease acquisition services that deliver space in a timely fashion, at the best value, and with superior workplace solutions. When possible, GSA uses federally controlled space to meet customer agency needs, and leases space when existing inventory is not available. GSA leases various types of space for customer agencies including, but not limited to, office space, laboratories, clinics, border stations, warehouses and courthouses in both urban and rural areas throughout the eleven GSA Regions.

The objective of this contract is to partner with the successful Contractors as trusted advisors, and to gain the benefit of their problem solving skills, thought processes, professional judgment, innovation, collaboration and negotiation skills.

This contract supports GSA’s mission and enhances the delivery of a holistic and integrated national lease acquisition program that will meet the current and future needs of GSA and customer agencies through accomplishment of predefined tasks and the technical, consultative and decision making expertise of our successful Contractors.

This partnership will elevate the GSA leasing program and improve customer agency satisfaction through successful and timely project outcomes. The success of this program is dependent upon an effective partnership between GSA and highly skilled Contractors who are fully aligned with GSA’s objectives, proactively communicate and efficiently collaborate.

C.2 Definitions and Terminology The following definitions of words and phrases are defined for use within the context of this Statement of Work (SOW). These definitions are intended to describe the services GSA is procuring and to increase understanding of the intent of the document.

Note: GSA roles are defined within Section G and Contractor roles are defined within Section H.

Acceptance An authorized representative of the Government has reviewed and agreed that the work (or a specific activity required by a task order) meets all requirements of this Contract, to include documentation requirements.

Aggregate Lease Value The fully serviced rent to be paid by the Tenant for the firm term of the Lease procurement action. The firm term and application of broker commissions are defined in either the Request for Lease Proposals (RLP) or relevant Lease Amendment (e.g. expansions, renewals, or extensions). In general, the Aggregate Lease Value may be inclusive of:

1) the initial fully serviced rent to be paid by the Tenant on all space leased, including shell rent (which includes base real estate taxes), base operating costs, parking rent (if separate from the shell rent), amortization of the Tenant Improvement (TI) allowance and Building Specific Amortized Capital (BSAC) charges, and

2) any fixed annual or other periodic rental adjustments.

Note: For computation purposes, the Commission Credit is not considered a rental abatement. It is not subtracted from the Aggregate Lease Value.

The Aggregate Lease Value shall not include:

1) any rental abatement (including allowances/incentives) provided to the

Tenant pursuant to the Lease,

2) any annual rental adjustments to operating expenses and/or real estate taxes during the lease term,

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

4) lump sum payments to buy down the rent to pay for the Tenant’s portion of

TI or BSAC

Note: If a service is selected that does not require Post Award Services, the TI 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. In this situation, the Government will not receive the Commission Credit associated with the TI allowance and the BSAC allowance.

Approval A GSA authorized representative has reviewed submittals, deliverables, and/or administrative documents, and has determined the services or submissions conform to the Contract requirements, and has communicated said approval of any of these items in writing to the Contractor, e.g. approval of various deliverables throughout the course of a task order or this Contract.

Building Specific Amortized Capital (BSAC) Building Specific Amortized Capital (BSAC) charges are for security items that are a separate capital investment in the leased property. To be considered BSAC, the security requirements must be based on Interagency Security Committee (ISC) standards for locations with a Facility Security Level (FSL) II (two) or higher.

Bullseye Report A GSA in-house market research report tailored for a specific lease transaction in a REIS market, and may be requested by GSA or the Contractor.

Bullseye Target The fully serviced rental rate to be used as the year one asking rent for comparison to the present value analysis. This rate is established by the Office of Leasing based on representative market comparable rent rate data obtained from market research firms.

Consultancy for Acquisition Planning (CAP) A planning supplemental service in which a Contractor will provide consultative service and technical expertise that align customer agency long term housing needs to current market conditions and opportunities. The deliverable is a Macro POR (Program of Requirements).

Commission The percentage of the Aggregate Lease Value that the Lessor agrees to pay in accordance with the applicable, executed Commission Agreement. In markets where it is common practice to calculate commission as a rate per square foot or fixed amount, commission shall be converted as a percentage of the Aggregate Lease Value.

Commission Agreement The written agreement executed by the Contractor and Lessor outlining the agreed upon commission and terms.

Commission Credit As specified in the Lease Contract, the portion of the commission that is credited to the Government, reflected as a deduction to the shell rent over the requisite amount of months required to fully capture the commission.

Contract This national multiple award, Indefinite Delivery Indefinite Quantity (IDIQ) agreement.

Contractor The firms awarded this contract, and their respective representatives who work with GSA.

Contractor’s Commission The portion of the commission that is paid directly to the Contractor by the Lessor.

Sometimes referred to as the Net Commission.

Client Planning Agreement (CPA) The agreement between GSA and the customer agency to secure and affirm strategic requirements.

Customer Agency An agency or organization that GSA supports to procure various leasing requirements for space.

Day For the purposes of this contract, the term “day” is defined as Monday through Friday excluding federal holidays, unless explicitly stated otherwise.

Design Intent Drawings (DID) Layout line drawings showing partitions, doors, schematic demolition, voice, data, and electrical outlet locations, finishes, generic furniture layout, and any additional details necessary to communicate the design intent to the Lessor’s architect for the purpose of preparing Construction Documents. Refer to the GSA RLP and GSA Level 1 drawing set in the GSA DID Review Guide for more information on what elements are included. Level 2 DIDs may be requested for more complex requirements or for projects with extensive security requirements.

Note: DIDs do not contain:

● mechanical, electrical, or plumbing specifications or drawings

● computer and telecommunication specifications

● signage, artwork, keying, or hardware schedules

Global Project Management (gPM) A multi-disciplined team as assembled by GSA to consistently deliver quality results for the federal government, stakeholders, and Public Building Services (PBS) customers.

gPM Principles Fundamental rules that must be followed for the successful management of projects based on the Project Management Body of Knowledge (PMBOK) issued by the Project Management Institute (PMI). Generally, projects are led by a Project Manager who resources project teams. CORs and Contractors function as team members with lease procurement responsibility. Other team members may include, but are not limited to, planning managers, engineers, cost estimators, interior designers and construction managers.

G-REX (GSA Real Estate Exchange) G-REX or any future system implementation/replacement is the mandatory electronic source system used for reporting and housing documentation of lease acquisition activities.

Inherently Governmental Functions Those actions that bind the Government and are to be completed by authorized government employees only. Generally, for the purposes of this contract, functions such as obligating government funds or modifying contract requirements are https://www.gsa.gov/system/files/DID_Review_Guide_Final.pdf considered inherently governmental. Inherently Governmental Functions are further defined under FAR 7.5.

The following, non-exhaustive list, provides examples of tasks that are considered inherently governmental:

● Document approval by signature on behalf of the government, e.g. Equal Employment Office clearance requests, TI Notice to Proceed, COR Letters designating authority

● Approval of NEPA compliance document, e.g. AutoCatex, CATEX Checklist, Environmental Assessment (EA), or Environmental Impact Statement (EIS)

● Certification of Funds, BA53 Fund Certification

● Change Order issuance

● Client Project Agreement (official finalization)

● Randolph Sheppard Act compliance

● Consultation with GSA General Counsel without GSA presence

● Construction Wage Rate Requirement (CWRR) formerly known as

Davis-Bacon Act (DBA): compliance checks during post award, e.g.

submittal collection, review and approval

● Independently managing requests and responses to inquiries related to Debriefings, Protests, Claims, Congressional Inquiries, Freedom of Information (FOIA) requests. See Section C.8.

● Cost Fair and Reasonable Determinations

● Space substantial completion determinations

● Fire Protection and Life Safety approval of DIDs and CDs

● Independent Government Estimate (IGE) development

● Signature on Lease and Lease Amendments

● Prospectus package submissions to GSA National Office

● Reimbursable Work Authorization (RWA) acceptance

● Scoring approval

● Seismic approval

● Source Selection team voting member

● Available Federal Vacant Space Determination

Kahua A web-based application used to manage and collaborate on projects with internal and external stakeholders. Kahua or any future system implementation/replacement is the project management information system for managing all aspects of project delivery, including but not limited to, requirements development, post-award construction activities and schedules on lease projects.

Key Personnel Those Contractor personnel that are essential to managing and carrying out the work and responsibilities of this Contract. See Section H.

Lease A contract by which a rightful possessor of real property conveys the right to use and occupy space in that property for a specified period of time in exchange for consideration or rent. It may also include operational services provided by the Lessor.

Lease Commencement Lease Amendment The Lease Commencement Lease Amendment is generally the lease contract mechanism that documents the commission disbursement terms of the Broker Commission Agreement. In addition to the standard, required elements of a Lease Commencement Lease Amendment, Lease Amendments for lease procurement actions performed by Contractors shall also include the:

● commission

● Contractor’s commission

● commission credit

Note: In the case of a succeeding lease with no Tenant Improvement provisions, a Lease Commencement Lease Amendment may be unnecessary and the commission, Contractor’s commission and commission credit may be documented in the Lease Contract.

Note: For circumstances in which a current lease expiration date is imminent and the TI work (and BSAC work, as applicable) required under the replacing lease will not be completed prior to current lease expiration, GSA may commence the new lease term and rental payments upon expiration of the current lease without the completion of the TI and BSAC work. In this circumstance, a post rent commencement buildout is required. If the Contractor is tasked with post award supplemental services, the Contractor shall prepare a separate Lease Amendment which documents all final terms and conditions, the commission, Contractor’s commission and commission credit when the TI and BSAC work is complete. For this scenario, the Contractor’s commission on shell and operating rent is paid by the lessor at the time of lease commencement, and the balance of the Contractor’s commission for the TI and BSAC work only is paid when the TI and BSAC work is complete.

Lease Extension/Renewal/Expansion Lease Amendment In addition to the standard required elements of a Lease Amendment for an Expansion, Renewal or Extension, the Contractor shall include in the LA the:

● commission

● Contractor’s commission

● commission credit

Lease Optimization (LO) A GSA metric that identifies and provides an incentive for realized cost avoidance on lease projects through negotiating leases below market costs, reductions in RSF, and moves to Federal Space. Project teams may be more likely to procure the best deals possible for the taxpayer and to optimize existing leased space.

Note: This GSA metric may be adjusted in the future.

Lease Replacement Value (LRV) A GSA metric that measures replacement of expiring leases with a strategic solution in a timely manner as well as delivering new to inventory leases on schedule.

Note: This GSA metric may be adjusted in the future.

Leasing Desk Guide (LDG) A document comprising the authorities, policies, technical and procedural guides, and administrative limitations governing the acquisition by lease of real property.

Leasing policy and procedures are reflected in the LDG and through other policy information such as Leasing Alerts, Lease Acquisition Circulars, and Realty Services Letters, or through policies issued by GSA’s Office of Governmentwide Policy such as Acquisition Letters, Acquisition Alerts and Class Deviations.

Leasing Portal A site that houses AAAP and RSAP, GSA’s lease acquisition tools for offerors.

This site also includes GSA’s lease administration/tax tool for Lessors. The Leasing Portal is public facing and can be accessed at leasing.gsa.gov.

Macro Program of Requirements (Macro POR) A comprehensive document which identifies the customer agency’s space requirements for each work unit, each employee within each work unit, all specialized areas, circulation factors, and growth projections. Deliverable associated with Consultancy for Acquisition Planning (CAP) supplemental services.

Management Plan The contractor’s detailed description of how they will perform all of the requirements of the contract. The Management Plan also includes the Contractor’s quality control plan, organizational structure, staffing matrix and key personnel. See Section C.3.

Normal Regional Office Working Hours Normal regional office working hours are defined as 8:00 a.m. to 4:30 p.m.

Monday through Friday excluding Federal holidays. The hours of 8:00 a.m. to 4:30 p.m. are dictated by the time zone in which the specific regional office is located.

Operational Requirements Customer agency specific requirements used to initiate a specific lease action. A summarized requirements package that GSA uses to deliver customer agency space.

Statement of Work (SOW) Describes the work to be performed, including objectives, deliverables, performance standards, and other relevant details.

Portfolio of Work Compilation of multiple lease acquisitions provided by GSA and tasked under a single order to the Contractor for completion, which may include supplemental services.

https://leasing.gsa.gov

● Actionable Portfolio of Work: A portfolio that has been vetted for strategic requirements by the Region and consists of projects that are immediately ready for execution and delivery.

● Strategic Portfolio of Work: A portfolio that requires a high degree of consultative engagement from the Contractor. This type of Portfolio provides the Government an acquisition strategy for all of the projects within the Portfolio.

Portfolio Proposal Plan A plan provided by the Contractor prior to task order issuance describing how they propose to staff and execute the subject Portfolio of Work.

Portfolio Acquisition Plan A detailed documented strategy provided by the Contractor after task order issuance that outlines the steps to streamline, optimize and successfully execute the projects within the Portfolio of Work.

Pricing Desk Guide Policies developed by the Public Buildings Service to price real estate and related services to federal customer agencies. The Pricing Desk Guide sets policy for the entire PBS owned and leased portfolio, and provides pricing direction for both general cases and special circumstances. It is designed to guide PBS employees in the performance of their work, and also serves as a resource for customer agencies seeking a more thorough understanding of PBS pricing policy and its application.

Quality Control Plan A part of the Contractor’s Management Plan which describes the Contractor’s method to ensure overall outstanding performance on each task order issued.

Regional Portfolio Sponsor A member of the GSA Leasing Leadership Team responsible for ensuring proper GSA resources and implementation of Portfolio Acquisition Plans. The Regional Portfolio Sponsor has the authority and responsibility to provide high level portfolio guidance, while supporting the assigned CORs and PMs for day to day project execution. See also Section G.

Request for Lease Proposals (RLP) A document used to outline the basic space requirement and describe the proposal submission process to interested parties.

Requirement Specific Acquisition Platform (RSAP) A single award lease procurement tool. RSAP migrates GSA's traditional lease procurement method to an e-commerce procurement and transaction tool, collecting online offers for a specific space requirement. RSAP uses a single RLP for a specific space requirement and allows offerors to tailor offers by utilizing a streamlined workflow. RSAP positions the GSA to address complex space requirements electronically.

System for Award Management (SAM.gov) A U.S. Government website used to post contract opportunities, and for outside entities to register to do business with the U.S. Government.

Shell / Building Shell The complete enveloping structure, the base building systems, and the finished common areas (building common and floor common) of a building that adjoin the occupant areas. See the Pricing Desk Guide for specific details on the GSA definition of Building Shell.

Simplified Lease Acquisition Threshold (SLAT) The simplified lease acquisition threshold, when applied to the average annual amount of rent for the term of the lease, including option periods and excluding the cost of services. Acquisitions at or below this threshold may be completed using simplified procedures. See FAR 2.101.

Source Documents References and publications referred to in this Statement of Work, including, but not limited to the Federal Acquisition Regulation, General Services Acquisition Regulation/Manual, Leasing Desk Guide, Lease Acquisition Circulars, Leasing Alerts, Lease Project Delivery gPM Playbook and Realty Service Letters. See Section C.5 and Exhibit J.

Strategic Requirements Early project pre-planning that establishes a customer agency’s requirements in general terms, including a lease procurement strategy, e.g. new replacing lease, expansion, renewal, extension.

Task Order An order for services placed against an established IDIQ contract, using GSA Form 300 entitled “Order For Supplies and Services.”

Task Order Completion Date The date set forth in each task order on which the Broker Services under the task order shall end. This date is documented on the Form GSA Form 300 when the task order is awarded.

GSA Lease Forms and Templates Library An electronic library that houses commonly used standard GSA leasing templates, many of which are referred to throughout this document.

Tenant Improvements (TI) Finishes and fixtures that typically take space from the building shell condition to a finished, usable condition. The resulting space is complete, meets applicable building codes, and meets the customer agency’s functional needs.

C.3 Statement of Work (SOW) C.3.1 GSA / Contractor Partnership: Management Plan and Global Project Management Approach

This is a Statement of Work (SOW) for lease procurement support services and describes GSA’s minimum requirements and expected outcomes through this SOW and the use of existing GSA guidance documents.

In addition to following GSA’s guidance documents, Contractors shall provide detailed Management Plans as part of their proposals. The Management Plan shall include specific information related to the Contractor’s:

● approach to accomplishing Contract work

● organizational structure and staffing, and

● Quality Control Plan that ensures the overall outstanding quality of each task order issued

The Contractor’s execution of that Management Plan will assist them to perform all Contract work. Successful offerors’ Management Plans will be incorporated and become part of this Contract. See Section H for more information on Management Plans.

While accomplishing the tasks of this contract, the Contractor is expected to efficiently deliver lease procurement actions, and shall support and incorporate GSA internal objectives, Performance Measures and Key Performance Indicators, as follows:

● Lease Replacement Value / Procurement cycle time

● Lease Optimization / Cost avoidance

● Tenant satisfaction

Imperative to a successful outcome, the contractors shall work in joint partnership and maintain close collaboration with GSA team members as part of GSA’s Global Project Management (gPM) philosophy. Contractors will be made aware of any organizational or political priorities that may change over the course of the contract term.

C.3.2 Lease Procurement Actions The Contractor shall be responsible for the efficient delivery of a variety of lease procurement services:

● Lease Acquisitions: Includes new, replacing, succeeding, superseding, or disaster lease acquisitions

● Expansions

● Renewals

● Extensions

C.3.3 Supplemental Services Supplemental services cannot be procured separately and refer to Section C.6.2 for further detail, descriptions, and restrictions on supplemental services.

Supplemental services may be requested from the Contractor for Lease Acquisitions and Expansions only, under certain circumstances, as follows:

● Requirements Development:

○ Planning Services

○ Project Management Services

○ Consultancy for Acquisition Planning (CAP) Services

● Lease Acquisition:

○ Virtual Market Tour

● Post Award

○ Document Support Technician Services

○ Post Award Services

○ Advanced Post Award Services

C.3.4 Market Intelligence When Contractor capacity allows, GSA may request a variety of market research from Contractors as outlined in Section C.9, Market Intelligence.

C.3.5 Geographic Zones Nationally, GSA is divided into 11 Regions. For the purposes of this contract, the 11 GSA Regions have been segmented into four zones. Two base contracts shall be awarded in each zone for a total of eight (8) contract awards. The successful Contractors shall be responsible for all task orders issued to them within their respective geographic zones.

The four zones are divided as follows:

● Northern Zone (Zone 1):

○ Regions 1, 2, 3 and 5, also servicing the US Virgin Islands and Commonwealth of Puerto Rico

● Southern Zone (Zone 2):

○ Regions 4 and 7

● Western Zone (Zone 3):

○ Regions 6, 8, 9 and 10, also serving Guam, American Samoa and the

Commonwealth of the Northern Mariana Islands

● National Capital Region Zone (Zone 4):

○ Region 11, which includes the District of Columbia; Montgomery and Prince George’s Counties in Maryland; Arlington, Fairfax, Loudoun, and Prince William Counties in Virginia; and all cities within the boundaries of those counties

Below is a map illustrating the four zones and the states they encompass.

C.4 Task Order Issuance Task orders will be issued to the Contractor using one of the methods described in Sections C.4.1, Task Order Issuance by Portfolios of Work and C.4.2, Task Order Issuance by Individual Task Order.

C.4.1 Task Order Issuance by Portfolios of Work Portfolios of Work are a compilation of multiple lease procurement actions assembled by GSA and tasked under a singular order. Contractors will plan, analyze and efficiently execute projects using a global market viewpoint and approach to leasing solutions.

Projects within Portfolios of Work may vary in:

● Size

● Geographic location

● Customer agency mix

● GSA project team mix

● Project starting point, and

● Lease procurement action required

C.4.1.1 Types of Portfolios of Work GSA may task the following types of portfolios:

● Actionable Portfolios of Work: A portfolio that has been vetted for strategic requirements, to include the requested lease procurement actions, by GSA and consists of projects that are immediately ready for execution and delivery.

● Strategic Portfolios of Work: A portfolio that requires a high degree of consultative engagement from the Contractor. The Contractor shall develop and/or collect the requirements. Based on those requirements, the Contractor shall recommend an acquisition strategy for each of the projects within the portfolio.

GSA will identify either Actionable or Strategic Portfolios of Work for tasking. Each Portfolio of Work will be competed between the two zonal Contractors. Prior to the task order award, Contractors will develop and submit a Portfolio Proposal Plan, described below, per portfolio. GSA will evaluate each Contractor’s Portfolio Proposal Plan describing how they propose to staff and execute the subject portfolio. GSA will award each Portfolio of Work task order to the Contractor that demonstrates the best value to GSA. Factors and pricing are specific to each portfolio. See Section F for more information on ordering procedures.

C.4.1.1.1 Actionable Portfolios of Work For Actionable Portfolios of Work to be tasked, each Contractor will develop a Portfolio Proposal Plan prior to task order issuance detailing how they propose to successfully execute the projects within the Portfolio based on the following:

● the Contractor’s staffing

● the Contractor’s plan to execute as it relates to the portfolio specific factors

● the Contractor’s proposed pricing (commission split) for that specific

Portfolio of Work After task order award, the successful Contractor shall:

● Within ten (10) days, in partnership with the Regional Portfolio Sponsor and Zonal Program Manager, conduct a Portfolio of Work Kickoff Meeting with the assigned Transaction Managers, CORs, PMs, other GSA and Contractor team members and leadership as appropriate.

● Provide an agenda to the Regional Portfolio Sponsor no later than five (5) days prior to the meeting.

The purpose of the Portfolio of Work Kickoff Meeting includes but is not limited to:

● discuss and confirm the strategy cited in the Contractor’s Portfolio

Proposal Plan for the successful execution and delivery of the portfolio based on the specific services requested for each project

● discuss portfolio specific challenges and opportunities for consideration in the Portfolio Proposal Plan

● discuss internal milestones and deliverables

Based upon GSA feedback during the kickoff meeting, the Contractor may be asked to adjust the Portfolio Proposal Plan. If GSA requests an adjustment of the Portfolio Proposal Plan, the Contractor shall submit a revised final Portfolio

Proposal Plan within ten (10) days after the kickoff meeting for GSA review and approval prior to the Contractor proceeding with the Plan.

C.4.1.1.2 Strategic Portfolios of Work For Strategic Portfolios of Work to be tasked, each Contractor will develop a Portfolio Proposal Plan prior to task order issuance detailing how they propose to successfully execute the projects within the Portfolio. The plan shall include, but is not limited to, the following elements:

● Executive summary

● Project team members

● Communication Plan

● Risks and mitigation strategies

● Opportunities

● Portfolio goals: projected benefits (including financial) and outcomes that align with efficiency, productivity and specific GSA metrics

● Planned portfolio accomplishment milestone schedule

● Price for the portfolio

● Number and type of anticipated lease procurement actions

As noted above, each Portfolio of Work will be competed between all zonal Contractors and the task order will be awarded to the Contractor that demonstrates the best value to the Government.

After task order award, the successful Contractor shall:

● Within ten (10) days, in partnership with the Regional Portfolio Sponsor and the Zonal Program Manager, conduct a Portfolio of Work Kickoff Meeting with the assigned Transaction Managers, CORs, PMs, other Government and Contractor team members and leadership as appropriate.

● Provide an agenda to the Regional Portfolio Sponsor no later than five (5) days prior to the meeting.

● The purpose of the Portfolio of Work Kickoff Meeting includes but is not limited to:

○ identifying each respective team members and their assigned roles to the projects within the Portfolio of Work

○ discussing project specific challenges and opportunities for consideration in the Portfolio Proposal Plan,

○ discussing internal milestones and deliverables

Based upon GSA feedback during the kickoff meeting, the Contractor may be asked to adjust the Portfolio Proposal Plan. If GSA requests an adjustment of the Portfolio Proposal Plan, the Contractor shall submit a revised final Portfolio Proposal Plan within ten (10) days after the kickoff meeting for GSA review and approval prior to the Contractor to proceed with the Plan.

C.4.2 Task Order Issuance by Individual Task Orders The Government may task:

● an individual project with a minimum estimated net commission threshold no less than than $5,000

● an individual project in response to an emergency declaration issued pursuant to statutory authorities with no minimum estimated net commission threshold. See Section F.3 for further information on expedited tasking.

Note: Since commissions are rarely offered for on-airport projects, the Contractor will not be tasked with lease acquisitions located on airport properties.

Note: It is GSA’s intent to issue Portfolios of Work consisting of projects that are commissionable and vetted through GSA Regional leadership. There may be instances where some projects within a portfolio may change or they may not materialize which will result in termination of those specific project(s).

Terminations of projects within a Portfolio of Work as well as termination of individual project task orders may result from market conditions, change in requirements, or other circumstances beyond Government control.

C.4.3 Travel Travel is required on most task orders and unless otherwise specified, is at the Contractor’s expense. The level of effort and the amount of travel required for each acquisition will vary depending on the size and complexity of the project(s).

C.4.4 Changes after Task Order Issuance For changes after task order issuance, refer to Section F.

C.4.5 Task Order Termination There may be instances where GSA determines it is necessary and in the Government’s best interest to terminate task orders. In these cases, the ZCO will issue a modification to the Contractor for a task order termination as soon as possible. Refer to Section F for further details.

C.5 References, Publications and Source Documents This contract is dependent upon GSA references, publications and source documents for successful completion of its requirements. Dependency upon this documentation provides consistency in policy and procedures, continuity in messaging, risk reduction by elimination of guidance conflicts, and one source of guidance for both the GSA leasing community and contractors.

Publications incorporated by reference as setting quality performance standards for work required in this contract are referenced in Section J, Exhibit 1. The Contractor shall be completely knowledgeable of all requirements in these references, publications and source documents, how they apply and how they integrate with one another.

GSA lease procurement actions follow the procedures stated in the Federal Acquisition Regulations (FAR), General Services Acquisition Regulation/Manual (GSAR/M), Presidential Executive Orders, and GSA publications and source documents. As procurement methods, steps and protocols are addressed within these references, publications and source documents, they will not be repeated within this contract document. Rather, both Contractors and CORs are referred to the source documents to ensure alignment and access to the most current, accurate information.

The Contractor shall perform work specified in this statement of work and further described in other references, publications and source documents. While this list may not be all inclusive, for the purposes of this document, the most frequently used GSA PBS references, publications and source documents are listed below:

● Federal Acquisition Regulation (FAR)

● Federal Management Regulation (FMR)

● General Services Acquisition Regulation/Manual (GSAR/M) Part 570

● Leasing Desk Guide (LDG)

● Lease Acquisition Circulars (LAC)

● Leasing Alerts

● Realty Services Letters (RSL)

● Acquisition Letters and Class Deviations

● Annotated Lease File Checklist

● Lease Project Delivery gPM Playbook

● GSA PBS Pricing Desk Guide

In any instance of overlap or discrepancy between an RSL and either a Leasing Alert or a LAC, the Leasing Alerts and LACs are the final authoritative source of leasing policy and guidance.

Based upon the COR’s lease acquisition strategy, the Contractor will comply with the applicable LDG chapter(s). Multiple LDG chapters may be used in tandem to conduct a procurement. For example, a Prospectus Lease Extension will incorporate elements of LDG Chapter 7, Lease Extensions, and LDG Chapter 11, Prospectus Level Leases. Furthermore, while this Contract may reference only the primary LDG chapter, the Contractor shall consider all elements of action and ensure adherence to all applicable LDG chapters.

Additionally, other reference documents identified within these source documents come under the purview of this Contract.