Supplemental Guidance_v1.pdf

SUPPLEMENTAL INFORMATION

AFP Attachments

NASA will transcribe the successful Offeror’s final offered rent and other price data into the lease or purchase template and transmit the completed document, including any appropriate attachments, to the successful Offeror for execution. NASA will provide the lease or purchase document to the Offeror for signature upon confirmation that all administrative and legal requirements have been satisfied, such that the transaction is ripe for execution.

Neither the AFP nor any other part of an Offeror’s proposal shall be part of the resulting award document except to the extent expressly incorporated therein. The Offeror should review the completed Lease or Purchase Agreement for accuracy and consistency with his or her proposal, sign and date the document, and return it to the Real Estate Contracting Officer (RECO). The Offeror's executed Lease shall constitute a firm offer. No Lease shall be formed until the RECO executes the Lease and delivers a signed copy to the Offeror.

Broker Commission and Commission Credit

1. For the purposes of this AFP, Jones Lang LaSalle Americas, Inc. (the Broker) is the authorized real estate broker representing NASA. The Government expects the Offeror to pay a commission to the Broker. By submitting an offer, the Offeror agrees that if the Offeror is paying a commission or fee in connection with this Lease or Purchase to a listing agent, an offering agent, or broker, property manager, developer, or any other agent or representative, then the Offeror will pay a commission to the Broker to which the Broker would ordinarily be entitled consistent with local business practices, as evidenced through a brokerage agreement between the Offeror and the Broker. The commission will be negotiated between the Offeror and the Broker and will be based on a Lease term not to exceed the term of the Lease contemplated by this AFP or Purchase amount. As part of the offer, the Offeror shall disclose all commissions and/or fees to be paid by the Offeror including both the Offeror’s agent(s), broker(s), property manager, developer or any other agent or representative and the Broker. The Offeror shall include the commission amounts for its representative and the amount to NASA’s Broker in its proposal. An executed commission agreement reflecting this agreement shall be submitted with the offer.

2. Offerors are advised that there is a potential for a dual agency situation to arise under this procurement, whereby the Broker’s Company may represent both NASA and another Offeror under this action. By submitting an offer, the Offeror acknowledges the potential for a dual agency situation. Should there be an actual dual agency, the Broker will notify all Offerors of the actual dual agency and request written acknowledgement statements from all Offerors.

3. For the benefit of the Government, the Broker has agreed to forego a portion of any commission that it is entitled to receive in connection with the contemplated Lease or Purchase. This amount shall be specifically set forth at time of lease or purchase award.

The resulting total dollar value of the foregone commission (the Commission Credit) shall be applied in equal monthly amounts against rental payments due and owing under the Lease or as a credit at the time of closing under a Purchase. For a lease, the rental amount payable shall be reduced by the Commission Credit at the commencement of the Lease, over the minimum number of months that will not exceed the monthly shell rental, until the Commission Credit has been fully recaptured. The parties agree to execute a Lease Amendment setting forth the full nature, extent, terms, and conditions of commissions paid to the Broker and the Commission Credit to be applied against the Government’s rental payment obligations under the Lease. Commissions and/or credits shall be treated as confidential financial information and Offerors will refrain from public disclosure or using the information for any other purpose than that for which it was furnished without consent of the RECO.

For purposes of price evaluation, the Commission Credit shall be treated as a deduction from the rent or purchase price. The amount of any commission paid to the Broker shall not be considered separately as part of this price evaluation since the value of the commission is included in the rental consideration or purchase price.

Negotiations The Offeror shall not enter into negotiations concerning the Space leased or to be leased with representatives of Federal agencies other than the RECO or their designee. The RECO or their designated representative will conduct oral or written negotiations with all Offerors that are within the competitive range. The competitive range will be established by the RECO based on cost or price and other factors that are stated in this AFP and will include all of the most highly rated proposals, unless the range is further reduced for purposes of efficiency. Offerors who are not included in the competitive range will be notified in writing.

As part of negotiations with Offerors in the competitive range, the RECO and other relevant government representatives will be provided an opportunity to tour the proposed space upon request. All Offerors within the competitive range will be provided a reasonable opportunity to submit revisions to their initial offer including any price, technical, or other revisions that may result from negotiations. Negotiations will be closed with submission of final proposal revisions.