SOW GSA Leasing Support Services GLS Max.pdf

General Services Administration (GSA) Public Buildings Service (PBS)

Office of Leasing Center for Broker Services

Statement of Work

Indefinite Delivery/Indefinite Quantity Multiple Award Contract GSA Leasing Support Services “GLS Max”

Dated: 07/17/2025

- D

RAFT -

47PJ0025R0054 - SOW

Table of Contents

SECTION 1 - SERVICES AND PRICES

1.1 Description of Services

1.2 Small Business Goals

1.3 Commission

1.3.1 General

1.3.2. Minimum and Maximum Quantities

SECTION 2 - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

2.1 GSA’s Vision and Mission

2.2 Definitions and Terminology

2.3 Task Order Issuance and Contractor Travel

2.3.1 Task Order Issuance by Individual Task Orders

2.3.4 Travel

2.4 References, Publications and Source Documents

2.4.1 Role Interpretation within References, Publications and Source Documents

2.4.2 Contractor Functions

2.5 Statement of Work (SOW)

2.5.1 Menu of Services: Lease Procurement Actions

2.5.2 Lease Acquisition (Module 1)

2.5.3 Lease Acquisition + Post Award Services (Module 2)

2.5.4 Lease Renewal (Module 3)

2.5.5 Lease Extension (Module 4)

2.5.6. Market Information

2.6 General and Administrative Requirements

2.6.1 Key Meetings

2.6.1.1 Required Project Kick-off Meeting

2.6.1.2 Required Post Lease Award Orientation Meeting

2.6.1.3 Required Bi-Monthly Partnership Meeting

2.6.1.4 Required National Annual Contractor Performance Review Meeting

2.6.2 Records and Information Management

2.6.2.1 Lease File Management

2.6.2.2 Disposition of Lease File Records

2.6.3 Staffing, Response Times, and Communication

2.6.4 Tools and Innovation

2.7 Disputes, Protests, Claims, Appeals, Congressional Inquiries and Freedom of Information Act (FOIA) Requests

2.7.1 Disputes and/or Protests

2.7.2 Claims and Appeals

2.7.3 FOIA, Congressional and Other Inquiries

2.8 Contractor Quality Control Requirements

2.9 GSA Quality Assurance Inspection Program (Evaluations)

2.10 GSA Assessment of Contractor Performance

2.10.1 Minimum Contract Quality Standards

2.10.2 Contractor Performance Assessment Reports System (CPARS)

2.11 Contractor Commissions

2.11.1 Negotiation Objectives and Commissions

2.11.2 Developing the Broker Commission Agreement

2.11.3 Assessing the Commission

2.11.4 Documenting the Commission

2.11.5 Timing of Commission Disbursement

SECTION 3 - PACKAGING AND MARKING

3.1. Payment of Postage Fees

3.2. Marking/Identification

3.3. Email Correspondence

SECTION 4 - INSPECTION AND ACCEPTANCE

4.1. General

4.2. Inspection of Services - Fixed Price (FAR 52.246-4) (Aug 1996)

SECTION 5 - DELIVERY AND PERFORMANCE

5.1. Place of Performance

5.2. Term of Contract

5.3. Ordering Procedures

5.5 Order Changes After Task Order Issuance

5.6 Termination of Task Orders Prior to Completion

5.7 Performance Criteria

5.8 GSA Ombudsman

SECTION 6 - CONTRACT ADMINISTRATION DATA

6.1. GSA Roles and Responsibilities

6.1.1 Contracting Officer’s Representative (COR)

6.1.2 Lease Contracting Officer (LCO)

6.1.3 National Contracting Officer (NCO)

6.1.4 National Contracting Officer’s Representative (NCOR)

6.1.5 National Program Manager (NPM)

6.1.6 Project Manager (PM)

6.1.7 Zonal Program Lead (ZPL)

6.1.8 Contracting Officer (CO)

6.2 Tenant Agency Roles and Responsibilities

6.2.1 Tenant Agency

6.3 Finance Data

6.3.1 Documentation of Commission at Offer Stage

6.3.2 Evaluation of Commissions

6.3.3 Commission Verification and Documenting Commission in Lease Contract Documents

SECTION 7 - SPECIAL CONTRACT REQUIREMENTS

7.1 Contractor Requirements

7.1.1 Contractor Management Plan

7.1.2 Contractor and Personnel Licensure Requirement

7.1.3 Contractor Personnel Availability

7.2 Contractor Personnel Qualifications

7.2.1 Contractor Key Personnel

7.2.1.1 Post Award Manager (PAM)

7.2.1.2 Zonal Program Manager (ZPM)

7.2.1.3 Transaction Manager (TM)

7.2.2 Contractor Support Personnel

7.2.2.1 Individual Activity Participant

7.3 Contractor Personnel Requirements

7.3.1 Contractor Training Information

7.3.2 Contractor Personnel Education, Experience and Training Requirements

7.3.3 Removal from Contract Work

7.4 Contractor Security Requirements

7.4.1 Safeguarding Sensitive Data and Information Technology Resources and Securing Government Information

7.4.1.1. Tenant Agency Security Requirements

7.4.2 Government Furnished Equipment (GFE) and Government Furnished Information (GFI)

7.4.3 GSA Policies

7.4.3.1 Personal Identity Verification Requirements (April 2023)

7.4.4 Contractor Required Security and IT Training

7.5 Contractor Conflict of Interest (COI) Information

7.5.1 General

7.5.1.1 Restrictions on Other Work

7.5.2 Conflict Of Interest Purpose

7.5.3 Definitions Relating to Conflict of Interest (for purposes of this clause)

7.5.4 Restrictions

7.5.5 Conflict of Interest Procedures

SECTION 8 - EXHIBITS

Exhibit 1: References, Publications, Source Documents and Resources

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)

SECTION 1 - SERVICES AND PRICES

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

1.1 Description of Services

The Contractor must 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 provide support for 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.

1.2 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 the GSA OSDBU website (https://www.gsa.gov/small-business/small-business-goals-and-performance). Offerors, 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 set aside for small businesses.

1.3 Commission

1.3.1 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 that commission as payment for services performed (“commission”).

Generally, GSA anticipates firm lease terms ranging from three (3) to ten (10) years, although firm terms may be longer or shorter. Successful Contractors are not permitted to collect commissions 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 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 when the Offeror 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 must notify the Contracting Officer (CO) and Contracting Officer’s Representative (COR) immediately and the task order will be terminated by the CO. 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 must provide GSA with all lease acquisition related records.

Further information regarding commissions may be found in Sections 2 and 6 of this document. Note: For all lease procurement actions, Contractors should not anticipate collecting a commission for services before six (6) to eighteen (18) months following task order award.

1.3.2. 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 a minimum guarantee, per contractor, as follows: $50,000.00 in total commissions (estimated 20 Task Orders per Contractor, $2,500.00 per task order). The Government intends to award up to six (6) contracts, but reserves the right to award less, more, or none as a result of this solicitation.

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 commission anticipated from task orders issued.

Maximum: GSA may issue task orders for services specified in the Contract up to a total maximum estimated commission per Contractor, as follows: $150,000,000.00

SECTION 2 - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

2.1 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 value in real estate, acquisition, and technology services for the Government and the American people.

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 tenant agencies through accomplishment of predefined tasks and the technical, consultative and decision making expertise of our successful Contractors.

2.2 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.

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 For the purposes of this contract, the aggregate lease value is 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. 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 (if Post Award Services are included), and

2) any fixed annual or other periodic rental adjustments.

The Aggregate Lease Value must 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

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.

Commission or Contractor’s Commission The commission that is paid directly to the Contractor by the Lessor. The commission is calculated as a 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 must be converted as a percentage of the Aggregate Lease Value.

Commission Agreement (“Broker Commission Agreement”) The written agreement executed by the Contractor and Lessor outlining the agreed upon commission and terms.

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.

Tenant 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.

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 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 considered inherently governmental.

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. Refer to Section 7.

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 Government-wide Policy such as Acquisition Letters, Acquisition Alerts and Class Deviations.

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.

Normal Office Working Hours Normal 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 lease project is located.

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

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 tenant agency’s functional needs.

2.3 Task Order Issuance and Contractor Travel

The Government may task:

● an individual project

● a project in response to an emergency declaration issued pursuant to statutory authorities.

● a portfolio of work encompassing one or more projects for one known requirement which may include multiple locations or modules under a task order

2.3.1 Task Order Issuance by Individual Task Orders

This is an indefinite delivery, indefinite quantity contract where Contractor performance is initiated when the Government awards a written task order to the Contractor.

The Government will issue task orders in the following manner:

1) Task orders will be equitably distributed to each contractor within a zone by alternating between contract holders in their respective awarded zones without using competitive procedures. Contract holders will be notified of the general leasing opportunity, task being requested, geographic location, and proposal due date.

2) If for any reason a Contract holder refuses a Task Order, they will lose their turn in the award rotation. A Contractor may be off-ramped from the contract if minimum participation requirements are not met.

3) In the event a general leasing opportunity cannot be fulfilled by a contract holder in the respective zone, the Government reserves the right to make the general leasing opportunity available to a Contractor of another awarded zone who is next to receive a Task Order. The Government may make such determination for capacity constraints when all Contractors in one zone have been offered an opportunity and have declined. If the contract holder afforded this cross-zone opportunity accepts the task order, they will relinquish their spot within the alternated rotation in their respective awarded zone.

2.3.2 Changes after Task Order Issuance

For changes after task order issuance, refer to Section 5.

2.3.3 On-Ramping and Off-Ramping Procedures

OFF RAMP

The Government reserves the unilateral right to Off-Ramp Contractors. Contractors that are Off-Ramped will not be eligible to receive new task orders but will be required to continue performance on all active task orders until the period of performance for such orders ends. The Off-Ramp process under this contract encompasses several methods by which the Government may exercise its right to remove a Contractor from the pool of awardees. Examples include, but are not limited to: 1.) A Contractor does not meet minimum requirements for participating in task orders. Minimum participation requires a Contractor to turn down no more than two consecutive orders or no more than 50% of task order requests within the contract award year, 2) The Contractor receives an overall Unsatisfactory CPARS rating, 3) the Government determines the contract is no longer needed. The Contracting Officer will conduct the Off-Ramp by the following methods: 1.) Not exercising the Option year for that contract, therefore allowing the contract term to expire. 2.) Termination as defined in FAR Part 49.402 and 49.403.

ON RAMP

ON-RAMPING: The Government, at its sole discretion, may choose to On-Ramp any number of Indefinite- Delivery/Indefinite-Quantity (IDIQ) contracts at any time during the term of the GLS Max IDIQ contract: 1) To ensure an adequate number of awardees are available to provide the level of effort and competition needed to support all GLS Max locations, 2) To replace poor performing IDIQ awardees, 3) To replace IDIQ awardees within their assigned tier level who fail to propose on at least 50% of all task order proposal requests annually from date of contract award, or 4) when the Contracting Officer (CO) determines it is in the Government’s best interest. Upon contract award, a target of six(6) GLS MAX IDIQ contracts (two (2) in each Zone) will be awarded. However, the Government reserves the right to award more, less, or no contracts at all, if determined to be in the best interest of the Government. The Government also reserves the right to on-ramp additional Contractors during the life of this IDIQ contract by using the following methods:

1) If for any reason the Government finds it requires additional Contractors to effectively serve the needs of the requestors under this contract, it may resolicit this requirement by reopening competition to unsuccessful awardees and/or other interested parties. This could happen at any time during the term of the GLS Max IDIQ contract to on-ramp new awardees for any of the identified zones utilizing the same evaluation criteria applied in the initial GLS Max awards.

2) When a re-competition to on-ramp a new Contractor(s) is determined to be in the best interest of the Government, the Government will advertise this information on SAM.gov. Current effective IDIQ awardees will not need to re-compete.

3) Within 30 days, the Government will notify all existing IDIQ awardee(s) of any on-ramped Contractor(s).

4) The overall contract length will not be extended for new on-ramp effective IDIQ awardees.

2.3.4 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.

2.4 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 8, Exhibit 1. The Contractor must 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 must 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:

● 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 must 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. For example, if the LDG references the Lease Project Delivery gPM Playbook for a particular step, Contractors must ensure alignment and compliance with the item as set forth in the gPM Playbook.

Contractors must refer to the current edition or version of any reference document at the time the Contractors are actively working on the project. In instances where responsibilities in the LDG are unclear, or there are questions regarding source documents, the Contractor must request clarification from the COR.

2.4.1 Role Interpretation within References, Publications and Source Documents The above references, publications and source documents have generally been written for guidance to GSA leasing staff. As such, many of the titles of the responsible parties referenced are specific to GSA in-house leasing employee position titles. Since this contract enables Contractors to perform many of these traditional leasing functions, the following examples serve to clarify the meaning and intent of titles noted in these references, publications and source documents. For example:

● When these documents refer to “Leasing Specialist” and “Broker,” this will be construed to be interpreted / read as the “successful Contractor”

● The “Lease Contracting Officer” will be construed to mean “Contracting Officer’s Representative.”

● For any activities undertaken by “GSA,” the Contractor will collaborate with the COR and GSA project team members to identify which party within the GSA project team, including the Contractor, will be responsible for the action. This may change project to project.

● For activities that may be accomplished by one of several GSA team members, the Contractor will seek clarification from project team members, including the COR, on the Contractor’s responsibility for the activity.

● For activities in which the GSA Leasing Specialist or the GSA Lease Contracting Officer may act, the Contractor will clarify with the COR/LCO as to which person, including the Contractor, will conduct the activity.

● If there are any questions regarding roles and responsibilities, the Contractor must contact the COR for clarification.

2.4.2 Contractor Functions

The Contractor will perform all leasing duties that are not inherently governmental functions.

2.5 Statement of Work (SOW)

This is a 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.

While accomplishing the tasks of this contract, the Contractor is expected to efficiently deliver lease procurement actions, and must support and incorporate GSA internal objectives.

Note: The leasing process is described in the Leasing Desk Guide.

2.5.1 Menu of Services: Lease Procurement Actions

Note: The Contractor must not perform any inherently governmental functions. Generally, functions such as obligating government funds or modifying contract requirements are considered inherently governmental. Contractors must seek COR approval prior to requesting proposals from Lessors for tenant agency change requests.

The Government reserves the right to add, remove, or swap modules of work throughout the period of performance of a Task Order to accommodate evolving customer requirements or changes in lease actions, subject to mutual agreement between the parties. Task Orders may include one or more of the following:

Menu of Services

Lease Procurement Actions

Module 1 Lease Acquisition Includes New, Replacing, Succeeding, Superseding, Census or Disaster Lease Acquisitions

Module 2 Lease Acquisition + Post Award Services

Includes New, Replacing, Succeeding, Superseding, Census or Disaster Lease Acquisitions and Post Award Services

Module 3 Lease Renewal Includes the Addition of a Renewal and the Exercise of Said Renewal

Module 4 Lease Extension Increase the Term of an Existing Lease

For all Modules, the COR will provide the Contractor with the following as applicable:

● procurement requirements

● existing lease contract and lease amendments

● other relevant documentation to assist procurement efforts, e.g. project background or prior market research

2.5.2 Lease Acquisition (Module 1)

As set forth in the LDG, the Contractor’s Lease Acquisition activities:

● commence with activities related to the Market Survey Process, per the specific requirements and the respective Lease File Checklist of the lease acquisition tasked

When tasked with new, replacing, succeeding, superseding, or disaster lease acquisitions, the Contractor must perform all non-inherently governmental activities in the following stages as set forth below:

● Market Survey Process

● Solicitation Process

● Pre-Negotiation/Negotiation Process

● Award Determination

For projects where there is no Shell buildout and no Tenant Improvement buildout, and there is a window of 90 days or less between completion of award determination activities and the beginning of Lease term commencement activities, the Contractor must perform activities in the following stage:

● Lease Commencement and Closeout.

2.5.3 Lease Acquisition + Post Award Services (Module 2)

In addition to the duties listed under Lease Acquisition above in 2.5.2, the Contractor must perform all Post Award activities (Post Award Services) as defined in the LDG. The Contractor is responsible for providing post award services to assist the Government in the negotiation, documentation, and oversight of landlord buildout and delivery of lease space including amortized tenant improvements and accompanying lump sum alterations associated for the initial buildout only (initial space alteration as part of the lease award).

Following completion of post award services, the Contractor must perform activities in the following stage:

● Lease Commencement and Closeout

On-Site Construction Progress Inspections The Contractor must comply with the progress inspections as cited in the Leasing Desk Guide Chapter 2, New or Replacing Lease, Post Award Construction Phase, Progress Inspections. The Contractor must submit to the COR written documentation of the on-site construction progress inspections, including photographs. The Contractor must perform up to the number of inspections specified based upon the square footage below depending on the complexity of the project as set forth by the COR at Lease Award or issuance of construction notice to proceed, as follows:

Rentable SF Minimum Rentable SF Maximum Maximum Number of Inspections*

0 10,000 2

10,001 25,000 4

25,001 60,000 6

60,001 100,000 8

100,001 or any prospectus project Unlimited 2 x per month for construction period

*Progress inspections are separate from the required space acceptance inspection.

2.5.4 Lease Renewal (Module 3)

For all Lease Renewal modules tasked, the Contractor must perform support activities necessary to add and exercise a renewal option to an awarded lease.

As set forth in the LDG, the Contractor must:

● commence with drafting activities related to adding and exercising a renewal option or options(s) based on the

COR’s determination and approval

● complete all tasks associated with Lease Renewal Checklist located in G-REX

The Contractor must not perform any post award services associated with Module 3, Lease Renewal.

2.5.5 Lease Extension (Module 4)

As set forth in the LDG, the Contractor must:

● commence with activities related to acquisition planning, if applicable

● complete all tasks associated with Extension Lease File Checklist

The Contractor must not perform any post award services associated with Module 4, Lease Extension.

2.5.6. Market Information

To identify market opportunities such as strategic leasing, potential lease restructuring, buyouts, consolidations or renegotiated rent savings/concessions, GSA may rely on the Contractor's industry knowledge and insights. GSA Program Managers (NCOR/NPM) may occasionally ask Contractors to present information on selected markets at the national or local level, e.g. not to exceed five (5) presentations annually. Presentations may include:

● leasing market analysis; other relevant information

● emerging market trends

● market opportunities

● risks

● anticipated market concessions

● evolving market technologies

Occasionally, the NCOR/NPM may ask Contractors to provide market research for specific geographic areas. When requested, Contractors will provide/submit summary market information such as:

● available buildings: type of space and total available square footage

● vacancy rates by specific space type

● market trends and concessions

● estimated operating expenses and property taxes per rentable square foot

This submission should provide an analysis of comparable lease information for a minimum of three (3) buildings. It should include the terms of the comparable lease information, market rental rate range, market concessions, and rent information as follows:

● shell rent (e.g., recovery of investment on ownership costs of land, building, financing plus profit),

● Lessor provided TI as part of shell rent, operating costs, space build-out cost amortized over the lease term, and

● other costs not included in the lease

Comparable leases used must support the rental ranges quoted. If data on three (3) buildings is not available, a written explanation of the market conditions must be provided. Firms that produce commercial real estate market research will share their findings with GSA .

2.6 General and Administrative Requirements

2.6.1 Key Meetings

Below are required meetings between GSA and the Contractor.

2.6.1.1 Required Project Kick-off Meeting

The COR must schedule a Project Kick-off Meeting with the Contractor within five (5) days of task order issuance.

This meeting must be scheduled and held prior to any Tenant Agency Kick-off Meeting. The purpose of this meeting is to ensure alignment between GSA and the Contractor, and to ensure an understanding of roles, responsibilities, and the path forward for the project. The Contractor must be prepared to discuss high level market conditions, initial negotiation objectives, and the GSA project team will provide baseline project schedule information for the meeting.

2.6.1.2 Required Post Lease Award Orientation Meeting

For Module 2 task orders only, within five (5) days following Lease Award, the Contractor must schedule and attend the Post Lease Award Orientation Meeting. Attendees include but are not limited to the Lessor, tenant agency, COR, Contractor and others as applicable.

2.6.1.3 Required Bi-Monthly Partnership Meeting

The Contractor must attend bi-monthly meetings hosted by Zonal Program Lead to discuss performance, program, projects, policy and personnel.

2.6.1.4 Required National Annual Contractor Performance Review Meeting The Contractor must attend one performance review meeting per year with the Center for Broker Services. The purpose of this meeting is to provide performance feedback to the Contractor and provide opportunities for partnership and the exchange of ideas. The Contractor may also provide Program and project level input to GSA.

2.6.2 Records and Information Management

2.6.2.1 Lease File Management

Documents must be maintained in the electronic Lease File, as required by GSA. The Contractor must upload all final documents into the system of record for electronic Lease File record storage. Documents must be uploaded into the system of record as they are finalized or approved, and no later than two (2) days after the receipt of approval. Files must be uploaded to the correct Lease File checklist location and titled using relevant document descriptions. The Contractor must review and properly file in the appropriate system of record all offer documents, including those submitted electronically, and ensure the document type and description are correct. Prior to the Government submitting a Receiving Report to initiate task order closeout, the Contractor must ensure all documents pertaining to the lease procurement action file of record are uploaded to the system of record.

2.6.2.2 Disposition of Lease File Records

All records of the procurement are the property of the Government. For security reasons and procurement confidentiality, the Contractor must not keep any Government lease acquisition records beyond task order closeout. In the event that a task order is terminated, the Contractor must provide GSA with all lease acquisition related documentation within fourteen (14) days after termination.

2.6.3 Staffing, Response Times, and Communication

The Contractor must:

● provide all management, supervision, labor, subcontracts, Contractor supplied training, materials, equipment, and supplies as necessary

● propose and adhere to a staffing plan that provides sufficient numbers of personnel at the various levels of expertise to ensure all requirements of this contract are achieved. Personnel must be properly licensed and trained. Any qualitative or quantitative changes to the proposed staffing (including both the number of personnel, qualifications, and/or the areas of expertise or disciplines) must be approved by the National Contracting Officer.

● respond to calls and emails from GSA personnel with a return phone call or email within 48 hours and within the normal business hours of the Region initiating the call. If the Contractor will be out of the office, the Contractor must notify the COR of the absence and provide an alternate contact who can perform commensurately to the absent Contractor during the absence. The Contractor must also set up out of office messages on voicemail and email.

● prepare all correspondence to be issued by GSA on GSA letterhead and identify themselves as a Contractor in all communications. Refer to Section 3.

2.6.4 Tools and Innovation

The Government:

● may provide guidance or training on new policies or procedures.

● may implement non-traditional and innovative procurement methods and techniques which the Contractor must utilize during lease acquisitions.

● will provide access to forms and sample documents for use via the template library.

The Contractor agrees, at no cost to GSA, to follow any new or changed policies, procedures or processes adopted and implemented by GSA to improve the lease acquisition process during the term of the contract. The Contractor must use GSA’s Virtual Desktop Interface (VDI) or future replacement, GSA.gov enterprise email accounts, and GSA software designated for electronic submissions.

2.7 Disputes, Protests, Claims, Appeals, Congressional Inquiries and Freedom of Information Act (FOIA) Requests As directed by the COR, the Contractor must prepare documentation and information and provide all necessary services to address any issues related to disputes, protests, debriefings, claims, appeals, congressional inquiries, subpoenas, and FOIAs for any tasks they have performed. The Government will not reimburse the Contractor for these services. The Contractor must not contact GSA General Counsel directly to discuss the above issues unless first contacted by GSA General Counsel. The Contractor must respond to requests for information from GSA either verbally or in writing and within the timeframe requested.

2.7.1 Disputes and/or Protests

If a protest is filed on a lease procurement action in which services were performed by the Contractor (whether filed with GSA, the Government Accountability Office (GAO), or a court of jurisdiction), the Contractor must:

● as directed by the COR, prepare and submit documents required to adequately address the issues raised.

Documentation may include providing a timeline of lease procurement activity

● assemble a protest file in accordance with FAR 33.1

● as required by the Government, participate as a fact witness in meetings, alternative dispute resolutions (ADR), depositions, hearings, or trials related to the lease procurement action

2.7.2 Claims and Appeals

If a claim or appeal is filed by a Lessor on a lease awarded by GSA involving a task order issued under this contract, the Contractor must:

● submit supporting documentation to the COR

● assemble a claim file in accordance with FAR 33.2, as applicable

● as required by GSA, participate as a fact witness in meetings, alternative dispute resolutions, depositions, hearings, or trials

2.7.3 FOIA, Congressional and Other Inquiries

As requested by the COR, and if the inquiry occurs prior to completion of a task order, the Contractor must provide input concerning FOIA requests, subpoenas, Congressional inquiries, media inquiries, or other similar information requests.

The Contractor must not respond to Congressional or media inquiries without approval from GSA. All Congressional inquiries must be directed to the National Program Manager for submission to the Office of Congressional and Intergovernmental Affairs.

2.8 Contractor Quality Control Requirements

The Contractor is responsible to develop and implement a Quality Control Program to ensure compliance with all requirements of this SOW. The Contractor must articulate details of their program in their Management Plan. See Section 7.

In addition to the Contractor’s Quality Control Program, GSA will implement a Quality Assurance Inspection Program. See Section 2.9. However, this does not relieve the Contractor of their quality control responsibilities. See Section 7.

2.9 GSA Quality Assurance Inspection Program (Evaluations)

GSA Program Officials will perform Quality Assurance Inspections (Evaluations) to ensure Contractor standards of performance:

● are in accordance with Minimum Contract Quality Standards outlined below in Section 2.10 of this contract, and

● provide evidence that the Contractor is in compliance with their quality control program as outlined in their Management Plan

All services performed by the Contractor, including work performed by Subcontractors, must meet the Minimum Contract Quality Standards stated in Section 2.10.

2.10 GSA Assessment of Contractor Performance

Program Officials will assess Contractor performance against Minimum Contract Quality Standards as follows:

● Zonal Program Leads (ZPL) must conduct a single midterm and annual performance evaluation of the Contractor.

● National Program Managers (NCOR/NCO) must conduct a single midterm and annual performance evaluation of the Contractor. The Zonal Program Lead (ZPL) evaluation feedback will be considered. Final evaluation ratings must be recorded in CPARS.

2.10.1 Minimum Contract Quality Standards

GSA will assess the Contractor on the following minimum contract quality standards:

● quality

● schedule/timeliness

● cost control

● management

GSA will use “Table 42-1 -Evaluation Rating Definitions” at FAR Part 42.1503 when assigning CPARS ratings.

Quality This Category considers the degree to which documents and reports submitted by the Contractor:

● are accurate using the appropriate forms and templates issued by GSA; documents comply with applicable regulations and policy

● use correct grammar; errors are minor in nature, e.g. typos

● adhere to GSA policy as it pertains to creating and maintaining the electronic lease acquisition file

● there are no gross errors, inconsistencies, omissions, or inaccuracies (e.g. incorrect financial data, incorrect math calculations, market opportunity oversights)

● documents require no revisions after the COR’s complete comment set is considered

Schedule/Timeliness This Category considers the Contractor’s ability to:

● meet established deadlines

● upload documents and complete required activities in the system of record. See Section 2.6.2.

● keep GSA informed of project status and schedule changes

● present an overall responsiveness; responds to communication from COR, local and National program officials in accordance with response times as identified in Section 2.6.

Cost Control This Category considers the Contractor’s ability to:

● perform due diligence throughout the negotiation(s) process, e.g. Contractor followed the acquisition process to ensure complete and accurate execution of the acquisition process cost elements without:

○ errors in value/judgment

○ GSA intervention or redirection of the broker’s work during negotiations

● negotiate the favorable terms and pricing, ensuring that transactions deliver best value to the taxpayer while fully meeting the Government’s requirements

Management

● maximize competition, when possible; capitalize on market opportunities

● provide valuable business guidance and solutions; recommend innovative leasing solutions that are logical, common sense and positively impact GSA metrics

● establish and maintain collaborative working relationships with team members; requires only occasional technical consultation with GSA, and executes agreed upon direction accurately

● represent GSA in a professional manner and communicate information judiciously considering the audience

● adhere to and/or adjust Management Plan as necessary; keep GSA Program Officials informed, exercise oversight of its own team

● utilize appropriate personnel and resource strategies to deliver quality, timely results

● identify, assess and mitigate risks

Note: As emphasis on various GSA performance measures/indicators may change annually, national evaluation criteria may be adjusted to emphasize those changes. To align with GSA performance metrics, the Contractor will be notified of any changes made to the national evaluation criteria.

2.10.2 Contractor Performance Assessment Reports System (CPARS) Performance data will be entered into CPARS annually at the end of each contract performance period. Additional information on CPARS can be found at www.CPARS.gov and FAR Part 42.15.

Note: The Contractor will be given an opportunity to review GSA’s Quality Assurance Inspections (Evaluations) and provide detailed explanations and documentation of circumstances for consideration for final scoring.

2.11 Contractor Commissions

2.11.1 Negotiation Objectives and Commissions

In accordance with the LDG Chapter 2, Negotiation Objectives must be developed at least 5 days prior to the required Project Kickoff Meeting. The Contractor must also determine a commission percentage rate or a dollar amount that is comparable to commissions provided in the market, and must include that as part of the Negotiation Objectives. The Contractor may not exceed the established rates in this Contract for any given task order. These Contractor commissions are considered as part of the lease cost during negotiations. Prior to posting Requests for Lease Proposals (RLP), Negotiation Objectives must be approved and signed by the COR and the Contractor. Any dispute over the approval of Negotiation Objectives should immediately be escalated to the Zonal Program Lead.

2.11.2 Developing the Broker Commission Agreement

Prior to posting the RLP/Lease package, Contractors must prepare Broker Commission Agreements (BCA) for each Offeror for COR review (See Section 8, Exhibit 3). The Contractor may elect to include the anticipated commission amount in the Broker Commission Agreement prior to issuance. The commission amount is expressed as a percentage of the Aggregate Lease Value for the initial firm term of the lease.

2.11.3 Assessing the Commission

Since the value of the commission is subsumed in the gross rent rate, the Contractor’s commission is considered as part of the Present Value Analysis calculation.

2.11.4 Documenting the Commission

The final commission percentage agreed to between an individual Offeror and the Contractor must be documented by a dually executed Broker Commission Agreement. Each Offeror must submit its dually executed Broker Commission Agreement to GSA at the initial offer phase of a procurement.

Additionally, commission information must be documented by the Contractor in the Price Negotiation Memorandum (PNM) or the Award Determination Memorandum (ADM) along with data, negotiation results, and mathematical calculations that support the commission information. The final commission amount must also be documented in the Lease or Lease Amendment in accordance with Section 6 and Section 8, Exhibit 3, Broker Commission Agreement.

If there are any deviations affecting the final negotiated commission (e.g. change to payment schedule, calculation of Aggregate Lease Value), the final Lease/Lease Amendment must reflect the change in Commission. The Contractor must have the Lease/Lease Amendment reviewed by the Zonal Program Lead prior to signature from both the successful Offeror/Lessor and GSA.

2.11.5 Timing of Commission Disbursement

The Lessor is required, per the terms of the Lease, to pay the Contractor as follows:

● For Lease Acquisitions, Lease Renewals and Lease Extensions: 100% of the commission will be paid at Lease Award

● For Lease Acquisition + Post Award Services: 50% of the commission will be paid at Lease Award and 50% of the commission will be paid at Occupancy

SECTION 3 - PACKAGING AND MARKING

3.1. Payment of Postage Fees

The Contractor:

● must pay all postage and fees related to Contract services performed

● is not required to use express mail as long as they can meet required submission dates using regular mail

3.2. Marking/Identification

The Contractor must comply with FAR 37.114(c). The Contractor must prepare all correspondence to be issued by GSA personnel on GSA letterhead.

3.3. Email Correspondence

All email correspondence relating to performance of this Contract must be transmitted using GSA.gov email accounts.

The Contractor must comply with GSA procedures for encryption and handling Controlled Unclassified Information.

Refer to Section 7.

Note: When building drawing files are transmitted…