94349.pdf

Thank you for responding to the Commonwealth of Pennsylvania's Solicitation for Proposal #94349 to lease to the Commonwealth 7,539 usable square feet of office/barracks space with parking for a minimum of 58 vehicles within a two and one-half (2-1/2) mile radius from Fulton Road between SR 522 and Cito Road, Fulton County, PA. The space will be occupied by the Pennsylvania State Police, McConnellsburg Station.

Enclosed you will find Solicitation For Proposal #94349 (SFP) which includes:

1. Proposal Submission Package

2. Agency Space and Specifications Requirement Package

3. Draft Lease Package

This SFP contains information that will guide you in preparing a proposal submission on the enclosed forms. To be considered, all proposals must be submitted on the enclosed forms. Proposals must be received in the office of the Bureau of Real Estate, Room 600, North Office Building, Harrisburg, Pennsylvania 17125 by 3:00 P.M., July 12, 2010. PROPOSALS WILL NOT BE ACCEPTED AFTER THIS TIME.

Two copies of your proposals must be submitted in a sealed envelope. THE

ENVELOPE MUST BE MARKED WITH SFP #94349, AGENCY’S NAME, REAL

ESTATE REPRESENTATIVE’S NAME, SQUARE FOOTAGE, AND DUE DATE. If you send your proposal via private carrier (or if you download your SFP from the DGS website) be sure to mark in bold print, the word "PROPOSAL" and show the same information that is listed on the envelope. Do not submit a proposal for another requirement in the same envelope with your proposal for this particular requirement. Please be advised that this is a Proposal Solicitation Process. The Commonwealth of Pennsylvania reserves the right to reject any or all offers, waive any defect or negotiate for better terms.

This solicitation reflects material changes which have been made to the Commonwealth Solicitation Process. Payment of Prevailing Wages is now a requirement of the Commonwealth Leasing Program when a proposer offers to construct a new facility or substantially rehabilitate an existing facility. Specific information on the payment of prevailing wages requirement can be found on Page 6 of the SFP. There are also new requirements concerning the Right to Know Law. Specific information on the disclosure of proposal contents can be found on page 14 of the SFP.

This solicitation also reflects material changes which have been made to the Commonwealth Solicitation process to encourage participation by small disadvantaged businesses in Commonwealth leasing. Completion of a Small Disadvantaged Business Commitment Form is now a requirement of the solicitation even if a proposer makes no commitment to utilize small disadvantaged businesses. Specific information on commitments made by proposers to participation by small disadvantaged businesses and its treatment as a factor in the Commonwealth's selection of a proposal to provide leased space can be found on Page 7 of the SFP.

Please be sure to carefully read the whole document. If you have any questions concerning the attached information, please contact John Hocker directly at (717) 787- 4396.

600 North Office Building, Harrisburg, PA 17125 Telephone: 717-787-4396 FAX No: 717-772-0526

SOLICITATION FOR PROPOSAL (SFP) # 94349

PENNSYLVANIA STATE POLICE

MCCONNELLSBURG STATION

Date of Issue:

May 4, 2010

Issuing Office:

Department of General Services

Bureau of Real Estate Room 600 North Office Building Harrisburg, Pennsylvania 17125

(717) 787-4396

Table of Contents

Pages

I. General Information for the Proposer 5-14

II. Proposal Requirements 15-16

Appendix A - Sample Lease Agreement

Appendix B - Required Documents

Appendix C – Pennsylvania State Police Agency Specifications

Appendix D – Site Map

GENERAL INFORMATION FOR THE PROPOSER

PURPOSE:

This Solicitation for Proposal (SFP) is to obtain proposals, which will provide 7,539 net usable square feet of office/barracks space, which will house approximately 26 Commonwealth employees. The space must be located within a two and one-half (2-1/2) mile radius from Fulton Road between SR 522 and Cito Road, Fulton County, PA. The availability of 58 parking spaces is required. Of the 58 spaces, three (3) must be handicapped spaces, and 16 must be located within an improved security area as shown on page 21 of the PSP specifications.

Proposers should prepare and submit proposals to be considered by the Commonwealth of Pennsylvania (Commonwealth) for both a ten-year lease, with two five-year options, and for a 15-year lease, with two five-year options, to be occupied by the Pennsylvania State Police, McConnellsburg Station, alternately referred to as “premises.”

ISSUING OFFICE:

The Department of General Services (DGS), Bureau of Real Estate, issues this SFP for the Commonwealth of Pennsylvania. The sole point of contact is:

John Hocker Department of General Services

Bureau of Real Estate Room 600 North Office Building Harrisburg, PA 17125 717-787-4396

Further, only the Department of General Services’, Bureau of Real Estate is authorized to negotiate the terms and conditions of a proposed lease agreement. Any negotiations between proposal submitters and the Bureau of Real estate must be reduced to a written agreement and are subject to approval by other Commonwealth officials. Therefore, said negotiations with the Bureau of Real Estate cannot be interpreted as binding upon the Commonwealth until a formal lease agreement has been fully processed and approved. A formal lease agreement is fully processed and approved, when it has received all necessary signatures and approvals, including the approval of the Board of Commissioners of Public Grounds and Buildings and the signature of the Secretary of General Services, and has been delivered to the Lessor.

SCOPE:

This SFP contains instructions governing the proposals to be submitted and the material to be included therein; a description of the activities to be provided;

requirements, which must be met to be eligible for consideration; and other requirements to be met by each interested party.

RESPONSE DATE:

To be considered, proposals must arrive at the issuing office, on or before the date and time specified in the cover letter. Proposals must be returned in the envelope provided with the proposal packet. ALL LATE PROPOSALS WILL BE REJECTED.

NOTICE TO PROPOSERS OF PREVAILING WAGE REQUIREMENTS

To the extent that a proposer offers to construct a new facility, to substantially rehabilitate an existing facility, or to substantially alter an existing facility in accordance with Commonwealth agency specifications/drawings, and the construction/substantial rehabilitation/substantial alterations will have a total estimated cost that exceeds $25,000, the following prevailing wage requirements shall be included in the lease.

“Substantial rehabilitation” is the conversion or adaptation of an existing facility into a safe, structurally sound building, by gutting and extensive re-construction, to make the building suitable for use by the Commonwealth agency. As a guideline, if the building foundations, building shall (outer walls, interior support walls or roof) or major building systems (HVAC, plumbing, electrical) is substantially altered or replaced, it is substantial rehabilitation. “Substantial alterations” are those alterations to an existing facility by the lessor in accordance with Commonwealth agency specifications/plans/drawings where final plans, drawings and specifications must be reviewed and approved by the Commonwealth agency. These terms do not include cosmetic improvements, routine maintenance, minor non-structural alterations and upgrades.

The lease shall require the lessor and Lessor’s contractor(s) to pay no less than the wage rates as issued by the Secretary of the Pennsylvania Department of Labor and Industry for each craft or classification of all workers needed to perform the contract(s) for the construction/substantial rehabilitation/substantial alterations of the facility. The construction/substantial rehabilitation/substantial alterations required by the lease will be subject to the provisions, conditions, duties, requirements, remedies and penalties of the Pennsylvania Prevailing Wage Act, 43 P.S. § 165-1 et seq. The prevailing minimum wage predetermination, as issued by the Secretary of Labor and Industry, shall be attached to the lease and made a part of the lease. No workers may be employed in the construction/substantial rehabilitation/substantial alterations except in accordance with the classifications in the prevailing minimum wage predetermination of the Secretary. If additional or different classifications are necessary, Lessor shall request the Department of General Services to petition the Secretary of Labor and Industry for rates for additional or different classifications.

The rent offered by proposers offering to construct a new facility or to substantially rehabilitate an existing facility or to make substantial alterations must take into consideration the requirement of the lessor and lessor’s contractor(s) to pay no less than the prevailing wage rates issued by the Secretary of Labor and Industry.

In order to view the current prevailing wages for each craft or classification of workers needed to perform the contract(s) for the construction/substantial rehabilitation/substantial alterations of the leased facility for the locality where the facility will be constructed/substantially rehabilitated go to http://www.dli.state.pa.us/landi/li_apps/requestPW.asp and request the prevailing wages. These are the applicable wage rates provided a lease is negotiated and fully executed within 120 days of the Proposal Response Date. In the event the lease is not fully executed within this 120 day period, it will be necessary to request and obtain new, current prevailing minimum wage rates from L&I that the lessor or lessor’s contractors must pay to those employees involved in the construction/improvement/alteration of the leased facility.

Proposals must include a statement indicating whether or not the rent is based upon the requirement to pay prevailing wages.

If, after receipt of proposals, the Department of General Services determines that the lessor and lessor’s contractor(s) should pay the prevailing minimum wage rates when the lessor’s proposal did not include consideration of this requirement, the Department may give the proposer the opportunity to revise its offered rental amounts to include allowance for payment of prevailing wages. When such a determination is made, the lease shall require, or be amended to require, the lessor and lessor’s contractor(s) to pay the prevailing minimum wage rates as issued by the Secretary of the Pennsylvania Department of Labor and Industry. If this occurs, the Commonwealth and DGS shall negotiate either an increase in the rental rate or the amount of a one-time payment to cover the increase in cost as result of including this requirement. The lease will be subject to the provisions, conditions, duties, requirements, remedies and penalties of the Pennsylvania Prevailing Wage Act, 43 P.S. § 165-1 et seq.

NOTICE TO PROPOSERS OF COMMITMENT TO SMALL DISADVANTAGED

BUSINESSES:

Small Disadvantaged Business Participation

The Commonwealth encourages participation in Commonwealth leases by small disadvantaged businesses as lessors, design professionals, contractors (construction, cleaning, repair, maintenance, snow removal and landscaping, for example), and suppliers.

Small Disadvantaged Businesses Small Disadvantaged Businesses are small businesses that are owned or controlled by a majority of persons, not limited to members of minority groups, who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social disadvantages. The term includes: 1) Department of General Services Bureau of Minority and Women Business Opportunities (BMWBO)-certified minority businesses enterprises (MBEs) and women business enterprises (WBEs) that qualify as small businesses and 2) United States Small Business Administration-certified small disadvantaged businesses or 8(a) small disadvantaged business concerns.

http://www.dli.state.pa.us/landi/li_apps/requestPW.asp

Small businesses are businesses in the United States that are independently owned, are not dominant in their field of operation, employ no more than 100 persons and earn less than $20 million in gross annual revenues ($25 million in gross annual revenues for those businesses in the information technology sales or service business).

Factor in Proposal Selection Participation by Small Disadvantaged Businesses shall be a factor in the Commonwealth’s selection of a proposal to provide leased space to the Commonwealth agency. The amount of consideration given by the Commonwealth for the Disadvantage Business participation offered by a lessor will be based upon the following in order of priority:

Priority Rank 1 Proposals submitted by lessors who are Small Disadvantaged Businesses.

Priority Rank 2 Proposals submitted by a joint venture with a Small Disadvantaged Business as a joint venture partner.

Priority Rank 3 Proposals submitted by lessors who make a 15% or greater dollar commitment to utilize small disadvantaged businesses as design professionals, contractors (construction, cleaning, repair, maintenance, snow removal and landscaping, for example), and suppliers.

Priority Rank 4

Proposals submitted by lessors who make a dollar commitment of 8% or greater but less than 15% to utilize small disadvantaged businesses as design professionals, contractors (construction, cleaning, repair, maintenance, snow removal and landscaping, for example), and

Priority Rank 5 who make a dollar commitment of 1% or greater but less than 8% to utilize small disadvantaged businesses as design professionals, contractors (construction, cleaning, repair, maintenance, snow removal and landscaping, for example), and

None who are not Small Disadvantaged Businesses and who are not in joint venture with Small Disadvantaged Businesses and who make no specific percentage commitment to Small Disadvantaged Businesses shall receive no consideration for this factor. Lessors who fall into this category must provide a written explanation as to why it has not made a specific percentage commitment to Small Disadvantaged Businesses.

Each proposal will be rated for its approach to enhancing the utilization of Small Disadvantaged Businesses. Each approach will be evaluated, with Priority Rank 1 receiving the greatest priority for this factor and the succeeding options receiving consideration in accordance with the above-listed priority ranking. For subcontract and supplier commitments, the percentage commitment will be based upon the amount of the rent that the lessor commits to pay to Small Disadvantaged Businesses for construction, services and/or supplies. The amount must be stated as a specific percentage of the total rent to be paid by the Commonwealth over the term of the Lease, including any lump sum payments.

Disadvantaged Business Qualification

1. To receive credit for being a Small Disadvantaged Business or entering into a joint venture agreement with a Small Disadvantaged Business, a proposer will be required to provide the following proof of Small Disadvantaged Business qualification:

a) Small Disadvantaged Businesses qualifying as a result of MBE/WBE certification from MBWBO must provide a photocopy of their BMWBO certificate.

b) Small Disadvantaged Businesses qualifying as a result of certification from the U.S. Small Business Administration as either an 8(a) disadvantaged business or small disadvantaged business must submit proof of Small Business Administration Certification. The owners of such businesses must also submit proof of United States citizenship.

c) All companies claiming Small Disadvantaged Business status, whether as a result of BMWBO certification, or Small Business Administration certification as a small disadvantaged business or an 8(a) disadvantaged business, must attest to the fact that the business has 100 or fewer employees.

d) All companies claiming Small Disadvantaged Business status, whether as certification as a small disadvantaged business or an 8(a) disadvantaged business must submit proof that their gross annual revenues are less than $20,000,000 ($25,000,000 for those businesses in the information technology sales or service business). This can be accomplished by including a recent tax or audited financial statement.

e) In the case of a joint venture agreement, a copy of the agreement, signed by all parties, must be provided.

2. To receive credit for subcontracting with a Small Disadvantaged Business (including construction/purchasing supplies and/or services through a purchase agreement), a proposer will be required to provide the following information prior to award of the lease:

a) The name and telephone number of your contact person for the Small Disadvantaged Business(s)

b) The company name, address, telephone number of the prime contact person for each specific Small Disadvantaged Business included in the proposal. The lessor must specify the Small Disadvantaged Business(s) to which it is making commitments. The lessor will not receive credit by stating it will find a Small Disadvantaged Business after the lease is awarded or by listing several companies and stating it will select one later.

c) The specific work, goods, or services the Small Disadvantaged

Business(s) will perform or provide.

d) The location where the Small Disadvantaged Business(s) will perform these services.

e) The timeframe for the Small Disadvantaged Business(s) to provide or deliver the goods or services.

f) The amount of capital, if any, the Small Disadvantaged Business(s) will be expected to provide.

g) The form and amount of compensation each Small Disadvantaged

Business will receive.

h) The percent of the total rent that will be paid to Small Disadvantaged

Business(s).

i) A signed subcontract or letter of intent must be included in the

Disadvantaged Business portion of the proposal.

j) Small Disadvantaged Businesses qualifying as a result of certification from

MBWBO must provide a photocopy of their BMWBO MBE/WBE certificate.

k) Small Disadvantaged Businesses qualifying as a result of 8(a) certification or small disadvantaged business certification from the U.S. Small Business Administration must submit proof of Small Business Administration Certification. The owners of such businesses must also submit proof of United States citizenship.

l) All companies claiming Small Disadvantaged Business status, whether as certification as a small disadvantaged business or an 8(a) disadvantaged business, must attest to the fact that the business has 100 or fewer employees.

m) All companies claiming Small Disadvantaged Business status, whether as a result of MBWBO certification, or Small Business Administration certification as a small disadvantaged business or an 8(a) disadvantaged business must submit proof that their gross annual revenues are less than $20,000,000 ($25,000,000 for those businesses in the information technology sales or service business). This can be accomplished by including a recent tax or audited financial statement.

Lease Obligation The selected lessor’s Small Disadvantaged Business commitment will be included as a contractual obligation in the lease.

Commitments to Small Disadvantaged Businesses made at the time of proposal submittal or lease negotiation must be maintained throughout the term of the lease.

Any proposed change must be submitted to BMWBO which will, along with the Commonwealth leasing agency, determine whether a proposed substitution should be approved.

If a lease is assigned to another lessor, the new lessor must maintain the Small Disadvantaged Businesses participation of the lessor’s original lease.

Small Disadvantaged Business subcontractors and Small Disadvantaged Businesses in a joint venture must perform at least 50 percent of the subcontract or Small Disadvantaged Business portion of the joint venture.

To the extent that a contract or subcontract is to be performed by a Small Disadvantaged Business, the Small Disadvantaged Business cannot enter into subcontract arrangements for more than 40 percent of the total estimated dollar amount of the contract.

The lessor shall complete the Lessor’s Quarterly Utilization Report (or similar type document containing the same information) and submit it to the leasing officer of the agency that awarded the lease and BMWBO within 10 workdays at the end of each quarter the lease is in force. If there was no activity, the form must also be completed, stating “No activity in this quarter.” This information will be used to determine the actual dollar amount paid to Small Disadvantaged Business, lessors, subcontractors and suppliers, and Small Disadvantaged Businesses involved in Joint Ventures. Also, it is a record of fulfillment of the commitment your firm made and for which it received consideration for selection.

NOTE: EQUAL EMPLOYMENT OPPORTUNITY AND CONTRACT COMPLIANCE

STATEMENTS REFERRING TO COMPANY EQUAL EMPLOYMENT OPPORTUNITY

POLICIES OR PAST CONTRACT COMPLIANCE PRACTICES DO NOT CONSTITUTE

PROOF OF SMALL DISADVANTAGED BUSINESS STATUS OR ENTITLE A

PROPOSER TO RECEIVE CREDIT FOR SMALL DISADVANTAGED BUSINESS

UTILIZATION.

Questions regarding the Disadvantaged Business Program can be directed to:

Department of General Services Bureau of Minority & Women Business Opportunities Room 611, North Office Building Harrisburg, PA 17125 gs-bmwbo@state.pa.us Phone: (717) 787-6708

FAX: (717) 772-0021

Small Disadvantaged Business Program information and a database of BMWBO-certified minority-and women-owned businesses can be accessed at www.dgs.state.pa.us, Keyword: BMWBO. The federal vendor database can be accessed at www.ccr.gov by clicking on Dynamic Small Business Search (certified companies are so indicated).

Small Disadvantaged Business Commitment Form The Small Disadvantaged Business Commitment Form, which is attached to this document, must be completed by the proposer and submitted with the proposal.

SUBMISSION OF PROPOSALS:

To be considered, interested parties must submit a complete response to this SFP, using the format provided in the “Proposal Requirement” section of this document.

An interested party will make no other distribution of the proposal. An official who is authorized to bind the interested party to its provisions must sign the proposal. For this SFP, the conditions of the proposal must remain valid for at least sixty (60) days from the date specified in the cover letter. Moreover, the conditions of the selected proposal will become contractual obligations if a contract is entered into with the Commonwealth.

A complete proposal package is necessary for evaluation of your proposal.

Failure to include any of the required information or forms will delay evaluation of your mailto:gs-bmwbo@state.pa.us http://www.dgs.state.pa.us/ http://www.ccr.gov/ proposal and may, at the Commonwealth’s sole discretion result in the rejection of your proposal.

The Commonwealth now allows alternate responses for one solicitation. In order to be considered as a complying submission, a proposal must initially adhere strictly to the solicitation specifications in all material regards. However, in addition to this component, proposers may, at the proposer’s discretion, submit one or more alternate proposals that vary from the specifications. In particular, the proposer may, by way of example, propose alternate finishes, or spatial layouts that allow the proposer to submit a more competitive pricing proposal. The proposal must clearly label the primary proposal, and all alternates, and a clear breakdown of the price differentials should be delineated. DGS will consider and evaluate the primary and all alternate proposals at its sole discretion.

TYPE OF AGREEMENT:

The selected party will be expected to enter into a lease agreement, which a draft is attached as APPENDIX A of this SFP. The terms and conditions of this SFP and the selected party’s proposal will be incorporated into the lease by reference.

REJECTION OF PROPOSALS:

The Commonwealth reserves the right to reject any and/or all proposals received as a result of this request, or to negotiate separately with competing contractors. If, in the opinion of the Commonwealth, contract negotiations with the selected party cannot be concluded within 60 days following the selected party's receipt of a draft lease agreement, the Commonwealth may at its sole discretion, immediately discontinue negotiations with the selected party and commence negotiations with any other interested party.

INCURRING COSTS:

The Commonwealth is not liable for any costs incurred by interested parties related to the preparation of their proposals for this SFP.

ECONOMY OF PREPARATION:

Proposals should be prepared simply and economically, providing a straightforward, concise description of the interested party’s ability to meet the requirements of the SFP.

ORAL PRESENTATION:

Interested parties who submit proposals may be required to make oral presentation of their development plan to the Commonwealth.

AMENDMENT TO THE SFP:

If it becomes necessary to revise any part of this SFP, an amendment will be issued to all interested parties who received the original SFP. For interested parties who download the SFP from the DGS website, it will be the interested parties responsibility to check the website for amendments to the SFP prior to the submission of their proposal.

SELECTED PARTY RESPONSIBILITIES:

The selected party will be required to assume responsibility for all services offered in the proposal whether or not the selected party actually performs them.

Further, the Commonwealth will consider the selected party to be the sole point of contact with regard to contractual matters.

DISCLOSURE OF PROPOSAL CONTENTS:

1. Confidential Information. The Commonwealth is not requesting, and does not require, confidential proprietary information or trade secrets to be included as part of Offerors’ submissions in order to evaluate proposals submitted in response to this SFP.

Accordingly, except as provided herein, Offerors should not label proposal submissions as confidential or proprietary or trade secret protected. Any Offeror who determines that it must divulge such information as part of its proposal must submit the signed written statement described in subsection c.(2) below and must additionally provide a redacted version of its proposal, which removes only the confidential proprietary information and trade secrets, for required public disclosure purposes commencing January 1, 2009.

2. Commonwealth Use. All material submitted with the proposal shall be considered the property of the Commonwealth of Pennsylvania and may be returned only at the Issuing Office’s option. The Commonwealth has the right to use any or all ideas not protected by intellectual property rights that are presented in any proposal regardless of whether the proposal becomes part of a lease. Notwithstanding any Offeror copyright designations contained on proposals, the Commonwealth shall have the right to make copies and distribute proposals internally and to comply with public record or other disclosure requirements under the provisions of any Commonwealth or United States statute or regulation, or rule or order of any court of competent jurisdiction.

3. Public Disclosure. Public records requests for proposals are governed by and shall be handled in the following manner:

(a) Public records requests received prior to January 1, 2009, are subject to the Right to Know Act, 65 P.S. §§ 66.1 – 66.9, and Section 106 (b) of the Commonwealth Procurement Code, 62 Pa.C.S. §106(b), which do not expressly exempt confidential proprietary information or trade secrets contained in proposals from disclosure.

Unsuccessful proposals are exempt from public records disclosure under 62 Pa.C.S. § 106(b) until January 1, 2009.

(b) After the award of a lease pursuant to this SFP, all proposal submissions are subject to disclosure in response to a request for public records made under the Pennsylvania Right-to-Know-Law, 65 P.S. § 67.101, et seq., commencing January 1, 2009. If a proposal submission contains confidential proprietary information or trade secrets, a signed written statement to this effect must be provided with the submission in accordance with 65 P.S. § 67.707(b) for the information to be considered exempt under 65 P.S. § 67.708(b)(11) from public records requests made commencing January 1, 2009.

NEWS RELEASES:

News releases pertaining to this project will be made in coordination with the issuing office, and subject to Commonwealth approval.

FACILITY ACCESS:

Consistent with safety and operational factors, the Proposer will provide the Commonwealth unlimited access to the Premises during the construction period.

PENNSYLVANIA STATE SALES AND USE TAX:

The proposed facility is subject to all applicable Pennsylvania Sales and Use Tax Legislation. There is no special tax exemption for this project.

ORDER OF PROCEDURE:

If any discrepancies in interpretation arise, the terms of the Lease Agreement are the first point of reference, the Solicitation for Proposal and all attachments is the second, and the Proposal is the third.

PROPOSAL REQUIREMENTS

INTRODUCTION

This section contains instructions governing the proposals to be submitted and the material to be included in the proposal. The proposal shall be submitted in the format delineated below.

It is the obligation of the applicant to become fully cognizant of all factors relevant to the site including, but not limited to, existing and surrounding zoning and zoning requirements, physical characteristics and conditions of the site and improvements, asbestos and environmental hazards, adequacy of public facilities, utility services, legal restrictions, and all other information relating to legal requirements, land-use planning, or design requirements and restraints.

REQUIRED DOCUMENTS

The following required documents must be completed accurately and be submitted as part of your proposal (APPENDIX B):

1. GSRE -19 Proposal to Lease Space to the Commonwealth

• As indicated on GSRE – 19 the following services should be included as part of your proposal. The required services are, but are not limited, to the following:

1. 58 Parking Spaces

2. Sewer and Water (including all costs related to providing a water supply, as well as a sewage disposal for the facility)

3. Acquisition of the Site

4. Permitting

5. All Professional Fees

6. Financing

7. Building Construction

8. Real Estate Taxes

9. Insurance

2. GSRE - 6 Lessor Identity Disclosure

3. GSRE - 47 Agency Agreement/Limited Agent Authority

4. GSRE - 42M Contractor Responsibility Certification

5. GSRE - 54 Notice - Bureau of Real Estate is Sole Agent for

Commonwealth

6. GSRE – 63 Acknowledgment Usable Area Definition

7. Small Disadvantaged Business Commitment Form

In addition to the required standard forms, a graphic schedule and narrative on the schedule through the design and construction phases of the project is required.

This schedule will be used to complete SECTION 14 of the draft lease agreement (APPENDIX A), and will include how the Proposer plans to meet its proposed final completion date of November 1, 2011. The schedule for the development of the site should include but are not limited to:

Site Control

Code and Building Permit Approvals Construction

Utility Disconnect/Reconnect

ADDITIONAL INFORMATION

In order to assist with the evaluation of your proposal, the following should be included with your proposal package:

1. Drawings - Site Plan(s), Floor Plans, Elevations and Building Sections.

2. Photographs - Please mark photographs for easy reference and only send those that are requested.

3. Documentation the Proposer determines to be necessary to explain the proposal.

APPENDIX A

COMMONWEALTH OF PENNSYLVANIA

SAMPLE LEASE AGREEMENT

To obtain a copy of the Sample Lease Agreement, please click the link below to visit the Bureau of Real Estate, Leasing and

Administration, Forms Page:

View the Sample Lease Agreement with Prevailing Wage (GSRE-1PW) http://www.portal.state.pa.us/portal/server.pt?open=512&objI D=1346&&SortOrder=100&level=2&parentid=1231&css=L2

&mode=2&cached=true

(If you are unable to download the Sample Lease Agreement or require assistance navigating the DGS Homepage, please call 717-787-4394) http://www.portal.state.pa.us/portal/server.pt?open=512&objID=1346&&SortOrder=100&level=2&parentid=1231&css=L2&mode=2&cached=true http://www.portal.state.pa.us/portal/server.pt?open=512&objID=1346&&SortOrder=100&level=2&parentid=1231&css=L2&mode=2&cached=true http://www.portal.state.pa.us/portal/server.pt?open=512&objID=1346&&SortOrder=100&level=2&parentid=1231&css=L2&mode=2&cached=true

APPENDIX B

REQUIRED DOCUMENTS

COMMONWEALTH OF PENNSYLVANLA

DEPARTMENT OP GENERAL SERVICES

GSRE-19 (Rev. 3-01)

PROPOSAL NO.______

PROPOSAL TO LEASE SPACE TO THE

COMMONWEALTH OF PENNSYLVANIA

IN RESPONSE TO REQUEST BY DEPARTMENT OF GENERAL SERVICES

PLEASE PRINT OR TYPE ALL INFORMATION

(MUNICIPALITY) (COUN1’t)

D RENEWAL NEW NEW RENOVATIONS LEASE EMERGENCY —.

OF LEASE CONSTRUCTION LOCATION AMENDMENT INTERIM LEASE

Age of Bldg. ; Usable Sq. Ft. Entire Bldg. ;Usable Sq. Ft. Each Floor ___________ ; Heating System

Fuel ______ ; Type of NC System Roof________ ; Elevator______ ; Lavatories______ ; Sewer______ ; Water______ ; Gas—

Building originally Present Windows Floor Constructed for use as ; use ; (describe) ; Type

Are all utilities metered Accessibility to Physically Challenged Building separate for tenants use? LlYes LI No; (American with Disabilities Act) LI Yes LI No; Lot Size ; dimensions —

How far from building ; Zoning

Public Public Parking Metered LI Yes LI No: Number ; Transportation LI Yes LI No;

General Condition of Bldg. (Exterior) (Interior)

Telephone: Area Code: ________

By signing below, authorization is granted to obtain a credit report both individually and/or business or corporation.

Attest: x

M. ,.,.I-.~

(Signature must appear above for Proposal to be valid) - (Signature must appear above for Proposal to be valid) Proposer certifies that the above information is true to the best of its knowledge. The Proposer further certifies that real estate taxes for its properties are paid irs full to the respective municipality in which the property is situated.

FOR~ -___ IN

(AGENCY)

THIS PROPOSAL IS FOR:

BUILDING ADDRESS: —

IN DATE

(STREET) (SUITE/ROOM NO.) (CITY) (STATE) (ZIP)

LESSOR: DESCRIPTION OF BUILDING: No. of Floors ; Type of Construction

Does proposal Air Include; Heat LI Yes LI No; Electricity LI Yes LI No; Cond. LI Yes LI No;

(Central-Window)

Hot and/or Cold Water LI Yes LI No; Sewer LI Yes LI No;

Snow and ice Janitor janitor Trash Removal LI Yes LI No; Service LI Yes LI No; Supplies LI ‘t’es [1 No; Gas LI Yes LI No; Removal LI Yes LI No

Water Coolers LI Yes LI No; # of Paved Parking Spaces ; Location of Parking

The undersigned offers to lease to the Commonwealth of Pennsylvania space in the above described building and agrees to construct and/or alter the bldg. and to complete the leased space offered herein in accordance with plans and specifications provided by the Department of General Services and the occupying agency under the following terms and conditions:

Sq. Ft Floor Sq.

Offered: No. Ft. ____________________ _______________ ____________________Initial Lease Term ______________________ Years

Initial Term Annual Sq. Ft. Rate

Base Rent S Operating Rent $ ____________________________

Total $

Renewal Options/No, of Options / Years______________________

1” Option Term Annual sq. Ft. Rate 2’~ Option Term Annual Sq. Ft. Rate

Base Rent $ Base Rent $ Operating Rent $ rs~a see note Operating Rent $ nfa see note

Note: Operating Rent for Option Temis will continue to be calculated in the same fashion as in the initial term or preceding option term, If any.

—MontIVDays.

Annual Rent $_____________________________

Monthly Rent $___________________________ Total Sq. Ft.

CONSTRUCTION COSTS. Complete worksheet on page 2. (See paragraph 7 of Sample Lease) OPERATING EXPENSES . complete worksheet on page 2. (See paragraph 4 of Sample Lease)

Approximate time required to complete renovations/new construction (if applicable)_________________________________________________

Proposer:

Full name(s) and addresses of owner(s) or corporate officers Person to call or write for responsibility and coordination:

Construction Costs Worksheet (Itemized explanation breakdown of complete costs for new construction or renovations. See paragraph 7 of Sample Lease.)

Site

Permitting S.

Professional Fees

Financing

Building Construction

Other: (Explain)

Operating Expense Worksheet (See Paragraph 4 of Sample Lease.)

Real Estate Taxes

Utilities

Water

Sewer

Trash Collection

Insurance

Janitorial

‘p

S s S

S

S

~TOTAL:

TOTAL:

DEPARTMENT OF GENERAL SERVICES

OSRE- 6 (Rev. 8-97)

LESSOR IDENTITY DISCLOSURE

The following information must be filled out accurately and accompany your proposal.

NAME OF LESSOR:.

Date ________________

LESSOR FEDERAL I.D.#:

Please indicate the legal status of your company and complete the appropriate section(s):

Corporation (Complete Section A) PARTNERSHIP (Complete Section B) SOLE PROPRIETOR (Complete Section C) or Limited Liability Co. or Limited Liability Partnership

A. CORPORATION or Limited Liability Co. (L.L.C.): List all officers of the corporation below and percent of stock. Each officer’s signature is required. Attach additional sheets if needed. If a L.L.C. check box LI and list members. Also list managers if lessor is a manager managed L.L.C.

NAME: NAME:

TITLE: PRESIDENT..

ADDRESS:

TITLE: VICE PRESIDENT ________________

ADDRESS:

PERCENTAGE OF STOCK:

SIGNATURE:

NAME:

TITLE: SECRETARY

ADDRESS:

PERCENTAGE OF STOCK:

PERCENTAGE OF STOCK:

SIGNATURE:

NAME:

TITLE: TREASURER_

ADDRESS: ___________

PERCENTAGE OF STOCK:

SIGNATURE:

DATE: ____

SIGNATURE: ________

(CORPORATION SEAL)

B. PARTNERSHIP or Limited Liability Partnership (L.LP.): List all general,, limited or special partners. Indicate any managing partner. If general or managing partner is a corporation, please complete Section A. If a L.L.R check box LI and list partners.

NAME: NAME:

TITLE: TITLE:

(GENERAL. LIMITED. SPECIAL) (GENERAL. LIMITED. SPECIAL)

ADDRESS: ADDRESS:

NAME: NAME:

TITLE: TITLE:

(GENERAL, LIMITED. SPECIAL> (GENERAL. UMITED. SPECIAL)

ADDRESS: ADDRESS:

C. SOLE PROPRIETOR: If the lessor is a sole proprietorship or co-owner doing business under any name or designation other than that of the individual owning the sole proprietorship or coownership.

BUSINESS NAME:

SIGNATURE OF PROPRIETOR:

ADDRESS:

DEPARTMENT OF GENERAL SERVICES

GSRS47 (R.v. 8.97)

AGENCY AGREEMENT/LIMITED AGENT AUTHORITY

(If an agent is involved in this Proposal, please complete the following.)

Solicitation No.

Proposed Lessor lessor Address

Agent

Agent Address

1. Does power of agent terminate on execution of lease? Yes No

2. Is agent authorized to sign lease agreement for proposed lessor? Yes El No

3. Is agent to collect rent if lease is executed? Yes No

4. Is agency to be binding during entire lease term? El Yes No (Note: If agency is terminated, notice must be forwarded to Bureau of Real Estate immediately.)

5. If applicable, professional license number of agency: _________________________________________________

Further statement to clarify agent’s authority

SIGNATURE OF AGENT

TYPE NAME OF AGENT

wnri~ss DATE SIGNATURE OF PROPOSED LESSOR

TYPE NAME OF PROPOSED LESSOR ____________

wnpess DATE SIGNATURE OF PROPOSED LESSOR

~,PE NAME OF PROPOSED LESSOR

COMMONWEALth OF PENNSVI.VANIA QEPAnTUENT OF GENERAL SERVICE5 GSRE~42M. R.v ~d97

CONTRACTOR RESPONSIBILITY CERTIFICATION:

PROPOSERS’ REPRESENTATION AND AUTHORIZATION

A. Each proposer by submitting a proposal represents that:

1. The proposer has read and understands that terms and conditions 01 the solicitation documents, and the proposal is made in accordance therewith.

2. The proposer understands and acknowledges that all information provided by, and representations made by, the proposer in the proposal are material and important arid will be relied upon by the Department of General Services in awarding the lease. Any misstatement shall be treated as fraudulent concealment from the Department of the true facts relating to the submission of this proposal. A misrepresentation shall be punishable under Section 4904 of Title 18 P.C.S.A. Further, if it is later determined that the• proposer knowingly rendered an erroneous certification, the Department may find the proposer in default, terminate the lease and may debar/suspend the proposer.

3. The amount of this proposal has been arrived at independently and without consultation, communication or agreement with any other proposer or potential proposer.

4. Neither the amount of this proposal nor the approximate amount of this proposal have been disclosed to any other firm or person which is a proposer or potential proposer, and it will riot be disclosed before the opening.

5. Proposer certifies that it is not currently under suspension or debarment by the Commonwealth, any other state, or the federal government, and if the proposer cannot so certify, then it agrees to submit along with the proposal a written explanation of why such certification cannot be made. If proposer enters into subcontracts or employs under this lease any subcontractors/indMduals who are currently suspended or debarred by the Commonwealth or the federal government, or who become suspended or debarred by the Commonwealth or federal government during the term of this ease or any extensions or renewals thereof, the Commonwealth shall have the right to require the proposer to terminate such subcontracts or employment. The proposer agrees to reimburse the Commonwealth for the reasonable costs of investigation incurred by the Office of Inspector General for investigations of the proposer’s compliance with terms of this or any other agreement between the proposer and the Commonwealth which result in the suspension or debarment of the proposers. Such costs shall Include, but not be limited to,. salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentay fees. The proposer shall not be responsible for investigative costs for investigations which do not result in the proposer’s suspension or debarment.

6. The proposer has no outstanding, delinquent liabilities to the Commonwealth including but not limited to any taxes and unemployment compensation payments except as disclosed by the proposer in its proposal. The proposer agrees that the Commonwealth may set off the amount of any state tax liability or other debt of the proposer or its subsidiaries that is owed to the Commonwealth and not being contested on appeal against any payments due the proposer under this or any other lease with the Commonwealth.

7. The Contractor may obtain the current list of suspended and debarred proposers by contacting the:

Department of General Services Office of Chief Counsel 603 North Office Building Harrisburg, PA 17125 Telephone: (717) 783-6472 Fax: (717) 787-9138

B. Each proposer by submitting Its proposal authorizes all Commonwealth agencies to release to the Department of General Services information related to liabilities to the Commonwealth, Including but not limited to any taxes or unemployment compensation payments except as disclosed by the proposer in its proposal. Be certain to include the names and social security numbers of all Principals (partnerships, individuals, corporations). Also include the Federal l.D. Number of the Partnership or Corporation. If the Sole Proprietor has a Federal l.D. Number, also include on the Lessor Identity Disdosure Form.

The proposer has read, understands and certifies that it is abiding by the provisions in the Contractor Responsibility Certification. The proposer further certifies that the information provided on the Lessor Identity Disclosure Form is true to the best of its knowledge. It further certifies that it is a responsible contractor in accordance with Management Directive 215.9 Amended.

It is further understood that it the proposer has any outstanding liabilities to the Commonwealth, induding but not limited to taxes or unemployment compensation, it will resolve the outstanding liabihties within ten (10) business days from notification of such liability.

(SIGNATURE) (DATE)

(SIGNATURE) (DATE)

(SIGNATURE) (QATC

COMMOWEEAI.Th OF PENNSYLVANIA

OEMR7M&NT OF GENERAL SERVICES

GSRS.54 (R.~.. 9/97)

NOTICE

Bureau of Real Estate is Sole Agent for C~

Proposal submitters for all Commonwealth leases are hereby notified that the Bureau of Real Estate, Department of General Services, and only the Bureau, through the authority granted by the Act of April 9, 1929, P.L. 177, as amended, is authorized and empowered to rent proper and adequate of fices, rooms or accommodations for any Department, Board or Commission of the Commonwealth.

Further, only the Department of General Services’ Bureau of Real Estate is authorized to negotiate the ternis and conditions of a proposed lease agreement. Any negotiations between proposal sub mitters and the Bureau of Real Estate must be reduced to a written agreement and are subject to ap proval by other Commonwealth officials. Therefore, said negotiations with the Bureau of Real Es tate cannot be interpreted as binding upon the Commonwealth until a formal lease agreement has been fully processed. A formal lease agreement is fully processed when it has received all necessary signatures and approvals, such as the approval of the Board of Commissioners of Public Grounds and Buildings and the signature of the Secretary of General Services, and has been delivered to the lessor.

Proposal submitters are further advised that the Commonwealth has no responsibility for any costs the proposal submitter may encounter, including but not limited to cost and expenses in acquiring the leased space, preparing it for occupancy or preparing the proposaL Nor will the Commonwealth be bound by any of the prospective lease’s terms and conditions, until the lease is fully approved and executed by the Commonwealth and delivered to the lessor.

Please sign below to acknowledge that you have read and understood the above.

SIGNATURE

DATE

COMMONWEALTH OP PWNSYLYANIA

QEPAATMENT OF GENERAl. SEAVICES OSRE•a3 (Rev. 8/97(

ACKNOWLEDGMENT

USABLE AREA DEFINITION

Usable space (area) is the only method of measurement of the area for which the Commonwealth of Pennsylvania will pay a square foot rate. It is determined as follows:

The measurement shall consist of all the occupiabLe area of a building, floor or office suite leased by the Commonwealth.

Building Area (Sole tenancy by the Commonwealth) The building area shall be computed by measuring the inside finished surface of all permanent and major walls excluding stairwells, elevator and escalator shafts, mechanical and building equipment rooms, public restrooms and any area used by the lessor.

Floor or Suite Area (Multi-tenanted building) The floor or office suite area shall be computed by measuring the inside finished surface of the office side of corridors and other inside finished surface of the office side ofcorridors and other permanent wails, to the inside wall or partitions that separate the office from adjoining now-leased, usable areas, and to the finished surface of the dominant portion of the perma nent outer building walls excluding stairwells, elevator and escalator shafts, mechanical and building equipment rooms, common lobbies, hallways and corridors, and public restrooms that serve the entire building.

In all measurements, make no deductions for columns and projections enclosing the structural ele ments of the building.

The usable area of a floor shall be equal to the sum of all usable areas on that floor.

Unless otherwise noted, all references in this solicitation to square feet shall mean usable square feet.

NOTE: Any space normally excluded from above definition, (i.e. mechanical, restrooms, equipment rooms, etc.) specifically required by the agency to carry out its program require ment, may be included in the usable definition provided the space is included In agency space allocation.

SIGNATURE

DATE

SMALL DISADVANTAGED BUSINESS COMMITMENT FORM

This form must be completed and signed by the each proposer and submitted with its proposaL

Proposer name:

Solicitation For Proposal #______________________________________________

Q 1. We are a small disadvantaged business.

a. Department ofGeneral Services-certified minority business enterprise (MBE)?

Yes No If yes, provide DGS certification number ______________________

b. Department of General Services-certified women business enterprise (WBE)?

Yes No If yes, provide DGS certification number______________________

c. United States Small Business Administration-certified small disadvantaged business?

Yes No

d. 8(a) small disadvantaged business concern?

Yes No

[] 2. We are a joint venture with a Small Disadvantaged Business as a joint venture partner. The small disadvantaged business joint venture partner is ________________________________ (company name). The small disadvantaged business joint venture partner is:

a. Department of General Services-certified minority business enterprise (MBE)?

Yes No If yes, provide DGS certification number ______________________

b. Department of General Services-certified women business enterprise (WBE)?

Yes No If yes, provide DGS certification number ______________________

c. United States Small Business Administration-certified small disadvantaged business?

Yes No

d. 8(a) small disadvantaged business concern?

Yes No

EJ 3. We commit to make the following percentage commitment to utilize small disadvantaged businesses as design professionals, contractors (construction, cleaning, repair, maintenance, snow removal and landscaping, for example), and suppliers. The percentage commitment will be based upon the amount of the rent that the lessor commits to pay to Small Disadvantaged Businesses for construction, services and/or supplies. The amount must be stated as a specific percentage of the total rent to be paid by the Commonwealth over the term of the Lease, including any lump sum payments.

a. 15% or greater. Include specific…