AZ Phoenix RLP -USDA 57-04013-23-NR Warehouse FINAL1.pdf

USDA is an equal opportunity provider, employer, and lender.

February 12, 2024

RE: Request for Lease Proposals (RLP) No. 57-04013-23-NR Warehouse for the USDA in (Phoenix, Arizona).

Dear: Offerors, Thank you for your interest in leasing space to the Government. Please use the RLP package enclosed to submit your initial offer for space at the address reference above.

Please review the RLP, draft Lease, and all attachments carefully; paying particular attention to the solicitation requirements and how the Government will determine the best offer.

Officials and employees of the proposed Agency do not have the authority to contact lessors or offerors directly or indirectly for the purpose of making oral or written representations, commitments, and/or agreement with respect to these requirements.

Unauthorized contact with anyone other than a designated Lease Contracting Officer or Realty Specialist could jeopardize this procurement, including rejection of your proposal or cancellation of the solicitation.

You must outline separately in your offer any exceptions you may have to the RLP, Lease, or attachments, so we can address those items during negotiations. Please keep in mind that any exceptions you request may put your offer in a less competitive position. If you plan to have your legal counsel review the language in the Lease and all attachments, please submit those documents to your legal counsel now to allow adequate time to discuss any language issues that may arise. You cannot request changes to the language in these documents after you submit your final proposal.

The following information is required to evaluate your proposal. Please initial, sign and/or complete all Exhibits to the RLP:

I. New Construction to Be Provided by Offeror Site Photos with Aerials (as available) Scaled Site Plan Preliminary Construction Schedule (See Section 5.03E for Leased Construction delivery requirements)

II. Pricing Terms GSA Form 1364, Proposal to Lease Space w/ Lease Proposal Data. This form will need to be saved to your computer and re-opened from that location for it to be fully functional.

GSA Form 1217, Lessor’s Annual Cost Statement. This form will need to be saved to your computer and re-opened from that location for it to be fully functional.

Tenant Improvement Costs (TICS Table) | TI Subcontractor Bids. Please provide copies of general contractor and/or subcontractor trade bids used to determine tenant improvement pricing for this transaction. Please note, building shell costs are not included as part of the tenant improvement costs.

III. Building and Site Plan Requirements to Be Provided by Offeror:

Legal Description of the Premises

Farm Production and Conservation Business Center

Management Services

Leasing Acquisition and Administration

First Generation or as-built plans of the offered premises scaled 1/8th”=1/0” in file extension .DWG and copy in file extension .PDF.

Building Elevations Site Plans with Parking Plans

IV. Ownership/Entity Information to Be Provided by Offeror:

Evidence of Ownership/ Site Control. Property (Warranty/ Deed/ Option Agreement)

Option Agreement must show option expiration date. Offeror with option must maintain a valid option up until award determination has been made.

Articles of Organization/ Corporate Documentation. Offeror/ Entity Interest. If other than individual owner, entity articles of organization and organization documentation demonstrating Offeror’s authority to bind the entity to the Government

Evidence of Lease Signing Authority (Management or Operating Documents). If other than individual owner, Offeror must provide documentation demonstrating their authority to sign on behalf of the Ownership.

Permission to Represent. If Offeror is not owner (either individual, or supported by site control documentation), documentation demonstrating the Offeror’s authority to represent the owner during this transaction shall be provided. The authority must clearly identify the permissions granted by the owner to the Offeror.

Evidence of Negotiating and Binding Authority. Required for all transaction types; except for an individual owner that can be satisfied through a DEED or other such ownership documentation demonstrating individual ownership. Edit and remove the following ownership sections below based on your transaction and the party(ies) being solicited.

Evidence of SAM Registration. For your offer to be considered, you must be registered in the System for Award Management (SAM) for “All Awards” and NAICS Code 531120. Part of the registration process requires you to submit a notarized letter appointing the authorized Entity Administrator before your registration will be activated. This requirement applies to both new and existing entities. You can review the FAQs on the SAM website to learn more about this process change. Because the notarized letter requirement will add time to your SAM registration, we encourage you to begin the process now. For assistance with any registration issues, please contact your nearby Association of Procurement Technical Assistance Center (PTAC) at www.aptac-us.org . Their services are free.

V. Additional Submittals, Provided by Offeror:

Conditional Commitment of Funds Evidence of Zoning Compliance.

GSA Form 12000 Prelease Fire and Life Safety Evaluation for Office Buildings.

Fire Sprinkler Maintenance Record (If Applicable) Fire Alarm Maintenance Record (If Applicable) Certificate of Occupancy (If Available) Real Estate Tax Bill with Property Tax Identification Number Legal Description of the Premises Modernization/ Renovation Plans Asbestos Management Plan | Asbestos Statement (If Applicable)

Please submit your initial proposal electronically by 5.00 P.M. Pacific Standard Time, by March 7, 2024 to: Maggie Liebel, USDA Contracting Officer, via email:

maggie.liebel@usda.gov.

If you have any questions, I can be reached at 775-834-0881 or via email at maggie.liebel@usda.gov Thank you for your participation in Government Leasing.

Respectfully, Maggie Liebel USDA FPAC Lease Contracting Officer

Attachments – RLP Package

MARGARITA

LIEBEL

Digitally signed by MARGARITA

LIEBEL

Date: 2024.02.13 09:31:15 -08'00'

57-04013-23-NR DAZ11727-001 USDA TEMPLATE R101WH (10/23)

USDA REQUEST

FOR LEASE

PROPOSALS

NO. 57-04013-23-NR

Phoenix, AZ

Offers due by March 7, 2024

In order to be considered for award, offers conforming to the requirements of the RLP shall be received no later than 5:00 PM Pacific Standard Time on the date above. See “Receipt Of Lease Proposals” herein for additional information.

This Request for Lease Proposals ("RLP") sets forth instructions and requirements for proposals for a Lease described in the RLP documents. Proposals conforming to the RLP requirements will be evaluated in accordance with the Method of Award set forth herein to select an Offeror for award. The Government will award the Lease to the selected Offeror, subject to the conditions herein.

The information collection requirements contained in this Solicitation/Contract, that are not required by regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No. 3090-0086.

Warehouse RLP

USDA TEMPLATE R101WH (10/23)

57-04013-23 NR DAZ11727-001 USDA TEMPLATE R101WH (10/23)

TABLE OF CONTENTS

WAREHOUSE RLP

SECTION 1 STATEMENT OF REQUIREMENTS

1.01 GENERAL INFORMATION (WAREHOUSE) (OCT 2023)

1.02 AMOUNT AND TYPE OF SPACE, LEASE TERM, AND OCCUPANCY DATE (WAREHOUSE) (OCT 2022)

1.03 UNIQUE REQUIREMENTS (OCT 2021)

1.04 AREA OF CONSIDERATION (OCT 2021)

1.05 PARKING (WAREHOUSE) (OCT 2021)

1.06 LIST OF RLP DOCUMENTS (WAREHOUSE) (OCT 2023)

1.07 AMENDMENTS TO THE RLP (JUN 2012)

1.08 LEASE DESCRIPTION (WAREHOUSE) (OCT 2023)

1.09 RELATIONSHIP OF RLP BUILDING MINIMUM REQUIREMENTS AND LEASE OBLIGATIONS (OCT 2016)

1.10 PRICING OF SECURITY REQUIREMENTS (OCT 2022)

1.11 SECURITY LEVEL DETERMINATION FOR FACILITY HOUSING OTHER FEDERAL TENANTS (APR 2011 INTENTIONALLY DELETED

1.12 AUTHORIZED REPRESENTATIVES (OCT 2020)

1.13 BROKER COMMISSION AND COMMISSION CREDIT (OCT 2020) INTENTIONALLY DELETED

1.14 PLANNED USE BY GOVERNMENT (WAREHOUSE) (MAY 2014)

1.15 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL BUSINESS SIZE STANDARD (OCT 2023) 4

SECTION 2 ELIGIBILITY AND PREFERENCES FOR AWARD

2.01 EFFICIENCY OF LAYOUT (WAREHOUSE) (MAY 2014)

2.02 FLOOD PLAINS (OCT 2022)

2.03 SEISMIC SAFETY–—MODERATE SEISMICITY (OCT 2023) INTENTIONALLY DELETED

2.04 SEISMIC SAFETY–—HIGH SEISMICITY (OCT 2023) INTENTIOANALLY DELETED ..... Error! Bookmark not defined.

2.05 HISTORIC PREFERENCE (SEP 2013) INTENTIONALLY DELETED

2.06 ASBESTOS (OCT 2023)

2.07 ACCESSIBILITY (SEP 2013)

2.08 FIRE PROTECTION AND LIFE SAFETY (SEP 2013)

2.09 ENERGY INDEPENDENCE AND SECURITY ACT (OCT 2023)

2.10 ENVIRONMENTAL CONSIDERATIONS (SEP 2013)

2.11 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS - RLP (OCT 2023)

2.12 NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS - RLP (OCT 2023)

SECTION 3 HOW TO OFFER

3.01 GENERAL INSTRUCTIONS (JUN 2012)

3.02 RECEIPT OF LEASE PROPOSALS (SMALL) (OCT 2021)

3.03 PRICING TERMS (WAREHOUSE) (OCT 2023)

3.04 BUDGET SCOREKEEPING; OPERATING LEASE TREATMENT (APR 2011)

3.05 PROSPECTUS LEASE (OCT 2022)

3.06 ADDITIONAL SUBMITTALS (WAREHOUSE) (OCT 2023)

3.07 TENANT IMPROVEMENTS INCLUDED IN OFFER (WAREHOUSE) (OCT 2020)

3.08 SECURITY IMPROVEMENTS INCLUDED IN OFFER (OCT 2022) INTENTIONALLY DELETED

3.09 OPERATING COSTS REQUIREMENTS INCLUDED IN OFFER (JUN 2012)

57-04013-23 NR DAZ11727-001 USDA TEMPLATE R101WH (10/23)

3.10 OPERATING COSTS REQUIREMENTS INCLUDED IN OFFER–—MODIFIED NET (WAREHOUSE) (MAY 2014)

3.11 UTILITIES SEPARATE FROM RENTAL / BUILDING OPERATING PLAN (WAREHOUSE) (MAY 2014) INTENTIONALLY DELETED 12

SECTION 4 METHOD OF AWARD

4.01 NEGOTIATIONS (OCT 2023)

4.02 HUBZONE SMALL BUSINESS CONCERN ADDITIONAL PERFORMANCE REQUIREMENTS (OCT 2023)

4.03 AWARD BASED ON PRICE (OCT 2023)

4.04 OTHER EVALUATION FACTORS (OCT 2023) INTENTIONALLY DELETED

4.05 EVALUATION FACTOR DESCRIPTIONS (OCT 2023) INTENTIOANLLY DELETED

4.06 EVALUATION FACTOR MINIMUM STANDARDS (OCT 2023) INTENTIONALLY DELETED

4.07 EVALUATION FACTOR SUBMITTAL REQUIREMENTS (OCT 2023) INTENTIONALLY DELETED

4.08 EVALUATION DOCUMENTATION REQUIREMENTS (OCT 2023) INTENTIONALLY DELETED

4.09 PRESENT VALUE PRICE EVALUATION–—WAREHOUSE CUBIC FOOT METHOD (OCT 2022) INTENTIONALLY DELETED 13

4.10 PRESENT VALUE PRICE EVALUATION—WAREHOUSE SQUARE FOOT METHOD (OCT 2023)

4.11 AWARD (OCT 2023)

SECTION 5 ADDITIONAL TERMS AND CONDITIONS

5.01 MODIFIED RLP PARAGRAPHS (OCT 2016)

5.02 SWING SPACE - RLP (OCT 2022) INTENTIONALLY DELETED

RLP NO. 57-04013-23-NR, DAZ11727-001 PAGE 1 USDA TEMPLATE R101WH (10/23)

REQUEST FOR LEASE

PROPOSALS NO.

57 04013-23-NR, DAZ11727-001

[DATE

WAREHOUSE RLP USDA TEMPLATE R101WH (OCT 2023)

SECTION 1 STATEMENT OF REQUIREMENTS

1.01 GENERAL INFORMATION (WAREHOUSE) (OCT 2023)

A. This Request for Lease Proposals (RLP) sets forth instructions and requirements for proposals for a Warehouse Lease described in the RLP documents. The Government will select an Offeror for award by evaluating proposals conforming to the RLP requirements in accordance with the Method of Award set forth below. The Government will award the Lease to the selected Offeror, subject to the conditions below.

B. The RLP documents include a lease template setting forth the terms and conditions of the Lease contemplated by this RLP. The RLP documents include a USDA Proposal to Lease Space (USDA Form 1364WH) on which Offeror shall submit its offered rent and other price data, together with required information and submissions. The Lease paragraph titled "Definitions and General Terms" shall apply to the terms of this RLP.

C. Offeror should not attempt to complete the lease template. Upon selection for award, USDA will transcribe the successful Offeror's final offered rent and other price data as provided by Offeror in its USDA Form 1364WH into the USDA Form L201WH lease template, creating a completed Lease. USDA will transmit the completed Lease, including any appropriate attachments, to the successful Offeror for execution. Neither the RLP nor any other part of an Offeror's proposal shall be part of the Lease except to the extent expressly incorporated therein. The Offeror should review the completed Lease for accuracy and consistency with his or her proposal, sign and date the signature page, initial each page of the Lease, and return it to the Lease Contracting Officer (LCO).

D. The Offeror's executed Lease shall constitute a firm offer. The Lease is not a binding contract until the LCO executes the Lease and delivers a signed copy to the Offeror.

E. INTENTIOANALLY DELETED

1.02 AMOUNT AND TYPE OF SPACE, LEASE TERM, AND OCCUPANCY DATE (WAREHOUSE) (OCT 2022)

A. The Government seeks a minimum of 1,600 to a maximum of 1,800 ABOA square feet of contiguous space on a single floor in a warehouse type building. (Not to exceed 2,000 Rentable Square Feet) The required space is to be measured and offered by Offerors in square feet in accordance with American National Standards Institute/Building Owners and Managers Association (ANSI/BOMA) Occupant Area (ABOA) square feet (SF), (hereinafter referred to as “ANSI/BOMA ABOA SF” or “ABOA SF”) of contiguous space within the area of consideration set forth below. Mezzanines are excluded from the area calculation of the size of the space. See section 2 of the lease for applicable ANSI/BOMA standards. The required space shall be contiguous space located all on ground level. Also see Section 4 of this RLP for details on the calculation of the Present Value Price Evaluation–—Warehouse Square Foot Method that will determine the lowest priced offer. The space shall have a minimum clear ceiling height of 14 feet.

B. The space shall be located in a modern quality building of sound and substantial construction in good condition and acceptable to the LCO. If not a new building, the offered space shall be in a building that has undergone, or will complete by occupancy, modernization or adaptive reuse for the space in conformance with this RLP and the associated documents either attached to or incorporated by reference (and itemized in the paragraph entitled “List Of RLP Documents”). Unless specifically stated as tenant improvements (TI), the Lessor shall perform all work at Lessor’s sole cost and expense.

C. Floors and Floor Load. See lease Paragraph entitled FLOORS AND FLOOR LOAD–—SHELL (WAREHOUSE) in Section 3 of the Lease.

D. Automobile Parking. 3 parking spaces for automobiles of which 3 spaces shall be marked as reserved for the exclusive use of the Government.

All spaces must be secured and lit in accordance with the Security Requirements set forth in this Lease. The cost of this parking shall be included as part of the rental consideration.

E. Intentionally Deleted

E. Approximately 0 ABOA SF will be used for the operation of a vending facility under the provisions of the Randolph-Sheppard Act (20 USC 107

et. seq.). The Government will control the number, kind, and locations of vending facilities and will control and receive income from all automatic

RLP NO. 57-04013-23-NR, DAZ11727-001 PAGE 2 USDA TEMPLATE R101WH (10/23)

vending machines. Offeror shall provide necessary utilities and make related alterations. The cost of the improvements is part of Tenant Improvement (TI) costs. The Government will not compete with other facilities having exclusive rights in the Building. The Offeror shall advise the Government if such rights exist.

L. The Government may provide vending machines within the Government's leased area under the provisions of the Randolph-Sheppard Act

(20 USC 107 et. seq.). The Government will control the number, kind, and locations of vending facilities and will control and receive income from all automatic vending machines. Offeror shall provide necessary utilities and make related alterations. The cost of the improvements is part of Tenant Improvement (TI) costs. The Government will not compete with other facilities having exclusive rights in the Building. The Offeror shall advise the Government if such rights exist.

M. 20 Years, 5 Years Firm, with Government termination rights, in whole or in parts, effective at any time after the Firm Term of the Lease by providing not less than 120 days’ prior written notice. The Government reserves the right in the Lease to not include an option, or to reduce the length of an option, if inclusion of the option would cause the Lease to score as a capital lease, in accordance with the Budget Scorekeeping:

Operating Lease Treatment paragraph of this RLP. Should the Government make the determination to modify the term or option(s), an amendment to the RLP will be issued.

N. Occupancy is required in accordance with the schedule outlined in the Schedule for Completion of Space paragraph under the Lease.

O. Intentionally deleted.

P. The ceiling height of this area shall be as outlined in the Special Requirements, but for price evaluation purposes using cubic volume the height of this area shall be considered to be 14 feet.

1.03 UNIQUE REQUIREMENTS (OCT 2021)

The offered Building and/or Property must have the following features as a minimum requirement:

SEE AGENCY SPECIFIC REQUIREMENTS.

1.04 AREA OF CONSIDERATION (OCT 2021)

The Government requests offers of space in the area bounded as follows:

North: Loop 101 South: Loop 102 East: Loop 101 West: I-17

Buildings with Property boundary(ies) on the boundary streets are within the delineated Area of Consideration.

1.05 PARKING (WAREHOUSE) (OCT 2021)

A. Intentionally Deleted).

B. Outside City Center. The parking-to-square-foot ratio available on-site shall at least meet current local code requirements, or, in the absence of a local code requirement, 3 on-site parking spaces.

C. See Lease (USDA Form L201WH) for additional parking provisions.

1.06 LIST OF RLP DOCUMENTS (WAREHOUSE) (OCT 2023)

A. The following documents are attached to and included as part of this RLP package:

RLP NO. 57-04013-23-NR, DAZ11727-001 PAGE 3 USDA TEMPLATE R101WH (10/23)

DOCUMENT NAME NO. OF PAGES EXHIBIT

Lease No. 57-04013-23-NR (Template L201WH) 56 A Agency’s Special Requirements (including Racking Plan(s)) Dated 2-5 2 B

USDA ADP and Wiring Guidelines 11 C Security Requirements for Level I 7 D USDA 3517B, General Clauses 15 E USDA Form 12000-WH for Prelease Fire Protection and Life Safety Evaluation for a Warehouse Building (Part A or Part B) (See Section 3 for applicable requirements)

3 F

Seismic Offer Forms 8 G DOL Wage Determination 9 H FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

8 I

Tenant Improvement Cost List (TICS) 10 J 3516A Solicitation Provisions 7 K USDA Form 1217, Lessor's Annual Cost Statement 3 L Proposal to Lease Space (USDA Form 1364WH) 4 M USDA Signage 12 N

B. In addition to the documents identified above, this RLP package includes additional agency requirements containing sensitive information that is only available to Offerors upon request to the LCO or Alternate Government Contact as listed under Section 1 of this RLP.

1.07 AMENDMENTS TO THE RLP (JUN 2012)

This RLP may be amended by notice from the LCO. Amendments may modify the terms of this RLP, or the terms, conditions, and requirements of the Lease contemplated by the RLP.

1.08 LEASE DESCRIPTION (WAREHOUSE) (OCT 2023)

A. Offeror shall examine the Lease template included in the RLP documents to understand the Government's and the Lessor's respective rights and responsibilities under the contemplated Lease.

B. The Lease contemplated by this RLP includes:

1. The term of the Lease,.

2. Terms and Conditions of the Lease, including Definitions, Standards, and Formulas applicable to the Lease and this RLP.

3. Building Shell standards and requirements.

4. Information concerning the tenant agency's buildout requirements (“Special Requirements”), to be supplemented after award.

5. Security Requirements.

6. A description of all services to be provided by the Lessor.

C. Should the Offeror be awarded the Lease, the terms of the Lease shall be binding upon the Lessor without regard to any statements contained in this RLP.

D. The Lease contemplated by this RLP is a fully serviced Lease. See RLP Paragraphs 3.03 and 3.09 for further details on financial responsibility for various Operating Expenses. Rent shall be based upon a proposed rental rate per Rentable Square Foot (RSF), limited by the offered rate and the maximum ABOA SF solicited under this RLP. Although certain Tenant Improvement (TI) requirements information is provided with this RLP and will be incorporated into the Lease, the TIs to be delivered by the Lessor will be based on the final design to be developed after award of the Lease, which reflects the Agency’s full requirements. The Lessor shall design and build the TIs and will be compensated for TI costs, together with design and project management fees to be set under the Lease. Although the TI requirements will not be developed fully until after award, Offerors shall provide the allowance stated in the Tenant Improvement Allowance paragraph of the Lease.

E. Unless the Government prepares Design Intent Drawings (DIDs), after award the Lessor must prepare DIDs for the leased Space conforming to the lease requirements and other Government-supplied information related to the client agency’s interior build-out requirements. The Government will have the opportunity to review the Lessor's DIDs to determine that the Lessor's design meets the requirements of the Lease.

Only after the Government approves the DIDs and a final price for TIs is negotiated will the Lessor be released to proceed with buildout. The Lease also provides that the Government may modify the TI requirements, subject to the Lessor's right to receive compensation for such changes.

F. The security pricing process is described in a separate paragraph.

G. Upon completion and acceptance of the leased Space, the Space will be measured for establishing the actual annual rent, and the lease term shall commence. In instances involving an incumbent Lessor where the Government commences the lease term pending completion of TI and/or BSAC alterations, the Government shall withhold TI and/or BSAC rent pursuant to Section 1 of the Lease until such time as the TI and/or BSAC is completed and accepted by the Government. During the term of the Lease, rent will be adjusted for changes to the Lessor's operating costs and real estate taxes, pursuant to paragraphs set forth in the Lease.

H. Offerors are advised that doing business with the Government carries special responsibilities with respect to sustainability, fire protection and life safety, and security, as well as other requirements not typically found in private commercial leases. These are set forth both in the lease form and in the USDA 3517B, General Clauses and will be made part of the Lease.

RLP NO. 57-04013-23-NR, DAZ11727-001 PAGE 4 USDA TEMPLATE R101WH (10/23)

1.09 RELATIONSHIP OF RLP BUILDING MINIMUM REQUIREMENTS AND LEASE OBLIGATIONS (OCT 2016)

The Lease establishes various requirements relating to the Building shell. Such requirements are not deemed TIs. There are certain Building requirements that are established as minimum requirements in this RLP. If the Lessor's Building does not meet the requirements at the time of award, the Lessor may still be awarded the Lease. However, as a condition of award, the Government will require Lessor to identify those Building improvements that will bring the Building into compliance with RLP requirements. Upon award of the Lease, completion of those Building improvements will become Lease obligations.

1.10 PRICING OF SECURITY REQUIREMENTS (OCT 2022)

A. The proposed Lease contains an attachment with the security requirements and obligations for the Building, which are based on the facility security level (FSL -1). The Federal Government determines the facility’s FSL rating, which ranges from FSL I to FSL IV. The FSL is based on client agency mix, required size of space, number of employees, use of the space, location, configuration of the site and lot, and public access into and around the facility.

B. The security requirements attached to this Lease includes a list of security countermeasures that must be installed in the leased Space. The

Offeror shall use the Security Unit Price List to provide the Government with itemized costs of these security countermeasures, and he or she shall amortize the cost into the rent.

C. There shall be no charge to the Government for any items that already exist in the offered Building or facility.

1.11 SECURITY LEVEL DETERMINATION FOR FACILITY HOUSING OTHER FEDERAL TENANTS (APR 2011) INTENTIONALLY DELETED

1.12 AUTHORIZED REPRESENTATIVES (OCT 2020)

With respect to all matters relating to this RLP, only the Government's Lease Contracting Officer (LCO) designated below shall have the authority to amend the RLP and award a Lease. The Government shall have the right to substitute its LCO by notice, without an express delegation by the prior

LCO.

Lease LCO:

MAGGIE LIEBEL, LEASE CONTRACTING OFFICER

Email: Maggie.liebel@usda.gov

Office Phone: 775-834-0881

Alternate Contact:

Christopher Hendel, Lease Contracting Officer Email: CHRISTOPHER.HENDEL@USDA.GOV Office Phone: 816-926-3251

1.13 BROKER COMMISSION AND COMMISSION CREDIT (OCT 2020) INTENTIONALLY DELETED

1.14 PLANNED USE BY GOVERNMENT (WAREHOUSE) (MAY 2014)

The Government shall be entitled to use the space for any lawful purpose. However, the Government intends to initially use the space for WAREHOUSE . Such use may involve the use of hazardous materials. The Government will agree in the Lease to use and maintain any hazardous materials in conformance with all applicable Federal, state, and local environmental regulations.

1.15 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL BUSINESS SIZE STANDARD (OCT 2023)

A. The North American Industry Classification System (NAICS) code for this acquisition is 531130 (Exception).

B. The small business size standard for the applicable NAICS codes is found at HTTPS://WWW.SBA.GOV/DOCUMENT/SUPPORT-TABLE-SIZE-

STANDARDS.

mailto:christopher.hendel@usda.gov https://www.sba.gov/document/support-table-size-standards https://www.sba.gov/document/support-table-size-standards

RLP NO. 57-04013-23-NR, DAZ11727-001 PAGE 5 USDA TEMPLATE R101WH (10/23)

SECTION 2 ELIGIBILITY AND PREFERENCES FOR AWARD

2.01 EFFICIENCY OF LAYOUT (WAREHOUSE) (MAY 2014)

A. In order to be acceptable for award, the offered Space must provide for an efficient layout as determined by the LCO.

B. To demonstrate potential for efficient layout, USDA may request the Offeror to provide a test fit layout at the Offeror’s expense. The Government will advise the Offeror if the test fit layout demonstrates that the Government's requirement cannot be accommodated within the Space offered.

The Offeror will have the option of increasing the ABOA square footage offered if it does not exceed the maximum ABOA square footage in this RLP offer package. If the Offeror is already providing the maximum ABOA square footage and cannot house the Government's space requirements efficiently, then the Government will advise the Offeror that the offer is unacceptable.

C. Space offered must have a minimum column spacing of 20 feet.

2.02 FLOOD PLAINS (OCT 2022)

A Lease will not be awarded for any offered Property located within a 1-percent-annual-chance floodplain (formerly referred to as 100-year floodplain) unless the Government has determined that there is no practicable alternative. An Offeror may offer less than its entire site in order to exclude a portion of the site that falls within a floodplain, so long as the portion offered meets all the requirements of this RLP and does not impact the Government’s full use and enjoyment of the Premises. If an Offeror intends that the offered Property that will become the Premises for purposes of this Lease will be something other than the entire site as recorded in tax or other property records the Offeror shall clearly demarcate the offered Property on its site plan/map submissions and shall propose an adjustment to property taxes on an appropriate pro rata basis. For such an offer, the Government may determine that the offered Property does not adequately avoid development in a 1-percent-annual-chance floodplain.

In addition, a Lease will not be awarded for any offered Property adjacent to a 1-percent-annual-chance floodplain, where such an adjacency would, as determined by the Government, restrict ingress or egress to the Premises in the event of a flood, unless there is no practicable alternative.

2.03 SEISMIC SAFETY–—MODERATE SEISMICITY (OCT 2023) INTENTIONALLY DELETED

2.04 HISTORIC PREFERENCE (SEP 2013) INTENTIONALLY DELETED

2.05 ASBESTOS (OCT 2023)

A. Government requires space with no asbestos-containing materials (ACM), or with undamaged, nonfriable ACM. For purposes of this paragraph, “space” includes the 1) space offered for lease; 2) common building area; 3) ventilation systems and zones serving the space offered; and 4) the area above suspended ceilings and engineering space in the same ventilation zone as the space offered. Notwithstanding the preceding, if no offers are received for such space, the Government may consider space with thermal system insulation ACM (e.g., wrapped pipe or boiler lagging), which is not damaged or subject to damage by routine operations.

B. ACM is defined as any material with a trace or more of asbestos quantity present.

C. Space with ACM of any type or condition may be upgraded by the Offeror to meet conditions described in sub-paragraph A by abatement

(removal, enclosure, encapsulation, or repair) of ACM not meeting those conditions. If any offer involving abatement of ACM is accepted by the Government, the successful Offeror will be required to successfully complete the abatement in accordance with OSHA, EPA, Department of Transportation (DOT), state, and local regulations and guidance prior to occupancy.

D. Management Plan and Reinspection Report Submittals. If space is offered which contains ACM, the Offeror shall submit a current asbestos-related management plan or operations and maintenance plan, along with a current asbestos re-inspection report (performed within the past 5 years) that includes a list of all ACM and their condition for acceptance by the Government prior to lease award. The management plan or operations and maintenance plan, and re-inspection report shall conform to generally accepted industry practice in accordance with EPA guidance.

E. The Government reserves the right to review Offeror’s existing records for compliance.

2.06 ACCESSIBILITY (SEP 2013)

The Lease contemplated by this RLP contains requirements for Accessibility. In order to be eligible for award, Offeror must either:

A. Verify in the Lease proposal that the Building, offered Space, and areas serving the offered Space meet the Lease accessibility requirements, or

B. Include as a specific obligation in its Lease proposal that improvements to bring the Building, offered Space, and areas serving the offered Space into compliance with Lease accessibility requirements will be completed prior to acceptance of the Space.

RLP NO. 57-04013-23-NR, DAZ11727-001 PAGE 6 USDA TEMPLATE R101WH (10/23)

2.07 FIRE PROTECTION AND LIFE SAFETY (SEP 2013)

The Lease contemplated by this RLP contains Building requirements for Means of Egress, Automatic Fire Sprinkler System, and Fire Alarm System. In order to be eligible for award, Offeror must either:

A. Verify in the Lease proposal that the Building in which Space is offered meets the Means of Egress, Automatic Fire Sprinkler System, and Fire

Alarm System requirements of the Lease; or

B. Include as a specific obligation in its Lease proposal that improvements to bring the Building into compliance with Lease requirements will be completed prior to acceptance of the Space.

2.08 ENERGY INDEPENDENCE AND SECURITY ACT (OCT 2023) INTENTIONALLY DELETED

2.09 ENVIRONMENTAL CONSIDERATIONS (SEP 2013)

A. The Government requests space with no known hazardous conditions or recognized environmental conditions that would pose a health and safety risk or environmental liability to the Government.

B. Upon request by the Government, Offeror must provide all known previous uses of the Building.

C. Offeror must indicate in its written offer any known hazardous conditions or environmental releases with/from the offered Space, Building or

Property.

2.10 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS - RLP (OCT 2023)

A. Environmental Due Diligence.

1. At the direction of the LCO, the Offeror must provide, at the Offeror’s sole cost and expense, a current Phase I Environmental Site Assessment (ESA), using the American Society for Testing and Materials (ASTM) Standard E1527-13 and timeline, as such standard may be revised from time to time. In accordance with ASTM standards, the study must be performed by an environmental professional with qualifications that meet ASTM standards. This Phase I ESA must be prepared with a focus on the Government being the “user” of the Phase I, as the term “user” is defined in E1527-21. Failure to submit the required study may result in dismissal from consideration.

2. If the Phase I ESA identifies any recognized environmental conditions (RECs), the Offeror will be responsible for addressing such RECs, at its sole cost and expense, including performing any necessary Phase II ESA (using ASTM Standard E1903-11), performing any necessary cleanup actions in accordance with federal and state standards and requirements and submitting a proposed schedule for complying with these obligations. The Government will evaluate whether the nature of any of the RECs, the results of the Phase II, any completed cleanup, and the proposed schedule meet the Government’s needs.

B. National Environmental Policy Act.

1. While the Offeror is responsible for performing all environmental due diligence studies of the offered Property, the Government is responsible for compliance with NEPA, whether in whole or in part, on its own or with the assistance of the Offerors. NEPA requires federal agencies to consider the effects of their actions on the quality of the human environment as part of the federal decision-making process and, to that end, the Government’s obligations may, and in some cases will, be augmented by the Offerors as described in greater detail in the RLP.

2. The Government may either request information from the Offerors to help it meet its obligations under NEPA or share information provided in response to this provision with federal, state, and local regulatory agencies as part of its compliance responsibilities under NEPA and other applicable federal, state and local environmental laws and regulations. Further consultation with these regulatory agencies may be necessary as part of the NEPA process.

3. The Offerors are advised that the Government may be required to release the location of each offered site and other building specific information in public hearings or in public NEPA documents. By submitting an offer in response to this RLP and without the need for any further documentation, the Offeror acknowledges and consents to such release.

4. The Government reserves the right to reject any offer where (i) the NEPA-related documentation provided by the Offeror for the offered

Property is inadequate, (ii) the offer entails unacceptably adverse impacts on the human environment, (iii) the identified adverse impacts cannot be readily mitigated, or (iv) the level of NEPA analysis is more extensive than is acceptable to the Government.

5. An Offeror must allow the Government access to the offered Property to conduct studies in furtherance of NEPA compliance. This requires research and field surveys to assess the potential impacts to the natural, social and cultural environments. Any recent studies previously conducted by the Offeror may be submitted to be included in the NEPA process.

6. The Government will not proceed with Lease award until the NEPA process is complete as evidenced by the Government’s issuance of a completed CATEX, EA or Environmental Impact Statement. Upon Lease award, any mitigation measures, whether optional or

RLP NO. 57-04013-23-NR, DAZ11727-001 PAGE 7 USDA TEMPLATE R101WH (10/23)

mandatory, identified and adopted by the Government will become Lease obligations. All costs and expenses for development of design alternatives, mitigation measures and review submittals for work to be performed under the Lease will be the sole responsibility of Lessor.

2.11 NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS - RLP (OCT 2023)

A. The Government is responsible for complying with section 106 of the National Historic Preservation Act of 1966, as amended, 54 U.S.C. §

306108 (Section 106). Section 106 requires federal agencies to consider the effects of their actions on historic properties prior to expending any federal funds on the undertaking. The Government is responsible for identifying whether any historic properties exist in, on, under, or near the offered Property that could be affected by the leasing action. Historic properties include both above-grade (i.e., buildings and historic districts) and below-grade (i.e., archeological sites) resources. The Government is responsible for assessing effects to identified historic properties and for consulting with the State Historic Preservation Officer (SHPO), the Tribal Historic Preservation Officer (THPO), if applicable, any local Historic Preservation or Landmarks Commission, and other interested parties, if applicable, in accordance with the implementing regulations set forth at 36 C.F.R. part 800 (Protection of Historic Properties).

B. An Offeror must allow the Government access to the offered Property to conduct studies in furtherance of the Section 106 compliance. This requires research and field surveys to assess the potential presence of historic properties that may be affected by construction activity, both above- and below-grade. Compliance also may require below-grade testing to determine the presence of archeological resources and possible artifact recovery, recordation, and interpretation mitigation measures.

C. Demolition or destruction of a historic property by an Offeror in anticipation of an award of a Government lease may disqualify the Offeror from further consideration.

D. The Government reserves the right to reject any offer where documentation for the offered Property is inadequate or otherwise indicates preservation concerns or adverse effects to historic properties that cannot be minimized or reasonably mitigated or where the level of NHPA analysis is more extensive than is acceptable to the Government.

E. If the Government determines that the leasing action could affect historic property, the Offeror of any Property that the Government determines could affect historic property will be required to retain, at its sole cost and expense, the services of a preservation architect who meets or exceeds the Secretary of the Interior’s Professional Qualifications Standards for Historic Architecture, as amended and annotated and previously published in the Code of Federal Regulations, 36 C.F.R. part 61, and the USDA’s Qualification Requirements for Preservation Architects and Other Specialists. These standards are available at: HTTPS://WWW.USDA.GOV/REAL-ESTATE/HISTORIC-PRESERVATION/HISTORIC- PRESERVATION-POLICY-TOOLS/. The preservation architect will be responsible for developing preservation design solutions and project documentation required for review by the Government, the SHPO, the THPO, if applicable, and other consulting parties in accordance with Section 106. For Tenant Improvements and other tenant-driven alterations within an existing historic building, the preservation architect must develop context-sensitive design options consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Where new construction or exterior alterations, or both, are located within a historic district, may be visible from historic properties or may affect archeological resources, compliance may require tailoring the design of the improvements to be compatible with the surrounding area. Design review may require multiple revised submissions, depending on the complexity of the project and potential for adverse effects to historic properties, to respond to comments from the Government and the other consulting parties. Within USDA, the Regional Historic Preservation Officer is solely responsible for corresponding with the SHPO, the THPO, if applicable, and any other consulting party. All design costs and expenses relating to satisfying the requirements of this paragraph will be borne solely by the Offeror.

https://www.gsa.gov/real-estate/historic-preservation/historic-preservation-policy-tools/preservation-tools-resources/proof-of-competency-other-documentation https://www.gsa.gov/real-estate/historic-preservation/historic-preservation-policy-tools/preservation-tools-resources/proof-of-competency-other-documentation

RLP NO. 57-04013-23-NR, DAZ11727-001 PAGE 8 USDA TEMPLATE R101WH (10/23)

SECTION 3 HOW TO OFFER

3.01 GENERAL INSTRUCTIONS (JUN 2012)

Offeror shall prepare a complete offer, using the forms provided with this RLP, and submit the completed lease proposal package to the Government as indicated below.

3.02 RECEIPT OF LEASE PROPOSALS (SMALL) (OCT 2021)

A. Offeror is authorized to transmit its lease proposal as an attachment to an email. Offeror's email shall include the name, address and telephone number of the Offeror, and identify the name and title of the individual signing on behalf of the Offeror. Offeror's signed Lease proposal must be saved in a generally accessible format (such as portable document format (pdf)), which displays a visible image of all original document signatures and must be transmitted as an attachment to the email. Only emails transmitted to, and received at, the USDA email address identified in the RLP will be accepted. Offeror submitting a Lease proposal by email shall retain in its possession, and make available upon USDA's request, its original signed proposal. Offeror choosing not to submit its proposal via email may still submit its lease proposal by United States mail or other express delivery service of Offeror's choosing.

B. In order to be considered for award, offers conforming to the requirements of the RLP shall be received no later than 5:00 PM, PACIFIC

STANDARD TIME] on the date specified below at the following designated office and address:

Date: March 7, 2024

Email: MAGGIE.LIEBEL@USDA.GOV

Alternate Contact:

Christopher Hendel, Lease Contracting Officer Email: CHRISTOPHER.HENDEL@USDA.GOV Office Phone: 816-926-3251

C. Offers transmitted through email shall be deemed late if received at the designated email address after the date and time established for receipt of offers unless it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one Working Day prior to the date specified for receipt of proposals.

D. Offers may be also deemed timely if there is acceptable evidence to establish that it was received at the Government installation designated for receipt of proposals and was under the Government’s control prior to the time set for receipt of proposals; or if it was the only proposal received.

E. There will be no public opening of offers, and all offers will be confidential until the Lease has been awarded. However, the Government may release proposals outside the Government such as to support contractors to assist in the evaluation of offers. Such Government contractors shall be required to protect the data from unauthorized disclosure.

3.03 PRICING TERMS (WAREHOUSE) (OCT 2023)

Offeror shall provide the following pricing information with its offer:

A. USDA Form 1217, Lessor’s Annual Cost Statement. Complete all sections of the 1217.

B. USDA Form 1364WH—Warehouse Proposal to Lease Space. Complete all sections of the 1364WH, including, but not limited to:

1. A fully serviced Lease rate (gross rate) utilities and/or janitorial services and/or trash removal)] per ABOA and RSF, clearly itemizing the total Building shell rental, TI rate, operating costs, and parking (itemizing all costs of parking above base local code requirements or otherwise already included in shell rent).

2. Improvements. All improvements in the base Building, lobbies, common areas, and core areas shall be provided by the Lessor, at the

Lessor’s expense. This Building shell rental rate shall also include, but is not limited to, property financing (exclusive of TIs and BSAC), insurance, taxes, management, profit, etc., for the Building. The Building shell rental rate shall also include all basic Building systems and common area buildout, including base Building lobbies, common areas, core areas, etc., exclusive of the ABOA Space offered as required in this RLP.

3. The annual cost per ABOA and rentable square foot (RSF) for the cost of services and utilities. This equals line 27 of USDA Form 1217, Lessor’s Annual Cost Statement, divided by the Building size (shown on the top of both USDA Form 1364WH, Proposal to Lease Space, and Form 1217) for ABOA and RSF, respectively.

mailto:maggie.liebel@usda.gov mailto:christopher.hendel@usda.gov

RLP NO. 57-04013-23-NR, DAZ11727-001 PAGE 9 USDA TEMPLATE R101WH (10/23)

4. The annual rent to amortize the Tenant Improvement Allowance (TIA). Such amortization shall be expressed as a cost per ABOA and

RSF per year. This shall be all alterations for the Space above the Building shell and BSAC build-out. Such alterations shall be described and identified in the drawings used to construct the Space. The TIA, which is to be provided by the Lessor to the Government for TIs, shall be made available at lease execution. If the Offeror chooses to amortize the TI for a period exceeding the Firm Term of the Lease, the Offeror shall indicate the extended time in the offer. If the Government terminates the Lease after the Firm Term or does not otherwise renew or extend the term beyond the Firm Term, the Government shall not be liable for any unamortized TI costs resulting from an extended amortization period.

5. The annual rent to amortize the Building Specific Amortized Capital (BSAC) costs, if any. Such amortization shall be expressed as a rate per ABOA and RSF per year. Refer to the security requirements attached to the Lease. Such BSAC shall be described and identified in the drawings used to construct the Space. If the Offeror chooses to amortize the BSAC for a period exceeding the Firm Term of the Lease, the Offeror shall indicate the extended time in the offer. If the Government terminates the Lease after the Firm Term or does not otherwise renew or extend the term beyond the Firm Term, the Government shall not be liable for any unamortized BSAC costs resulting from an extended amortization period.

6. A shell rate per ABOA and RSF for that portion of the lease term extending beyond the Firm Term. The rate proposed for this portion of the term shall not reflect any TIs or BSAC as they will have been fully amortized over the Firm Term.

7. INTENTIONALLY DELETED

8. Adjustment for Vacant Leased Premises. Note: Refer to the Lease document for additional guidance.

9. INTENTIONALLY DELETED.

10. Rent concessions being offered. Indicate either on the USDA Form 1364WH Warehouse Proposal to Lease Space or in separate correspondence.

11. INTENTIONALLY DELETED.

C. Security Unit Price List. The Offeror shall use the Security Unit Price list to provide a cost breakdown of the security countermeasures, which were outlined in the security requirements attachment. The Security Unit Price list includes various improvements and services to be provided by the Lessor. Each item is classified as part of the shell,or tenant improvements. There shall be no charge to the Government for any items that already exist in the offered Building or facility.

D Intentionally deleted.

3.04 BUDGET SCOREKEEPING; OPERATING LEASE TREATMENT (APR 2011)

The Government will award a Lease pursuant to this RLP only if the Lease will score as an operating lease under Office of Management and Budget Circular A-11, Appendix B. Only offers that are compliant with operating lease limitations will be eligible for award. Offerors are obligated to provide supporting documentation at the request of the LCO to facilitate the Government’s determination in this regard.

3.05 PROSPECTUS LEASE (OCT 2022) INTENTIONALLY DELETED

3.06 ADDITIONAL SUBMITTALS (WAREHOUSE) (OCT 2023)

Offeror shall also submit with its offer the following:

A. The offeror is not the owner of the Property, authorization from the ownership entity to submit an offer on the ownership entity’s behalf.

B. Satisfactory evidence of at least a conditional commitment of funds in an amount necessary to prepare the Space, including Shell, TI, and BSAC improvements. Such commitments shall be signed by an authorized bank officer, or other legally authorized financing official, and at a minimum shall state: amount of loan, term in years, annual percentage rate, and length of loan commitment. Alternatively, if the Offeror is self-financing, Offeror must demonstrate, to the satisfaction of the LCO, that it has adequate financial resources to self-finance the necessary improvements, e.g., income statements, cash flow statements, balance sheets, three (3) months of bank statements showing sufficient on hand stable cash reserves to fund the improvements, letter from the entity’s financial officer.

C. Evidence that the Property is zoned in compliance with local zoning laws, including evidence of variances, if any, approved by the proper local authority. If the current zoning is not in compliance, the Offeror must submit a plan and schedule outlining how they will obtain all necessary zoning approvals prior to construction. and how long the necessary zoning approvals will take.

D. Evidence of ownership or control of Building or site. If the Offeror owns the Property being offered or has a long-term leasehold interest,…