RLP_for_Salem_or_Keizer _OR_USDA_Service_Center.pdf
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Request for Lease Proposals for Salem/Keizer OR USDA Service Center
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GSA REQUEST
FOR LEASE
PROPOSAL NO.
AG0436S130003
Offers due by May 10, 2013
In order to be considered for award, offers conforming to the requirements of the RLP shall be received no later than 2:00 pm, local 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 the regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No. 3090-0163.
STREAMLINED RLP
GSA FORM R101B (10/12)
TABLE OF CONTENTS
STREAMLINED RLP
SECTION 1 STATEMENT OF REQUIREMENTS
1.01 GENERAL INFORMATION (STREAMLINED) (JUN 2012)
1.02 AMOUNT AND TYPE OF SPACE, LEASE TERM AND OCCUPANCY DATE (JUN 2012)
1.03 AREA OF CONSIDERATION (JUN 2012)
1.04 NEIGHBORHOOD, PARKING, LOCATION AMENITIES, AND PUBLIC TRANSPORTATION (JUN 2012)
1.05 LIST OF RLP DOCUMENTS (STREAMLINED) (SEP 2012)
1.06 AMENDMENTS TO THE RLP (JUN 2012)
1.07 LEASE DESCRIPTION (STREAMLINED) (SEP 2012)
1.08 RELATIONSHIP OF RLP BUILDING MINIMUM REQUIREMENTS AND LEASE OBLIGATIONS (JUN 2012)
1.09 SECURITY LEVEL DETERMINATION FOR FACILITY HOUSING OTHER FEDERAL TENANTS (APR 2011)
1.10 INSPECTION—RIGHT OF ENTRY (JUN 2012)
1.11 AUTHORIZED REPRESENTATIVES (JUN 2012)
1.12 BROKER COMMISSION AND COMMISSION CREDIT (APR 2011) INTENTIONALLY DELETED
1.13 PRICING OF SECURITY REQUIREMENTS (SEP 2012)
SECTION 2 ELIGIBILITY AND PREFERENCES FOR AWARD
2.01 EFFICIENCY OF LAYOUT (AUG 2011)
2.02 FLOOD PLAINS (JUN 2012)
2.03 SEISMIC SAFETY – MODERATE SEISMICITY (SEP 2012) INTENTIONALLY DELETED
2.04 SEISMIC SAFETY – HIGH SEISMICITY (SEP 2012)
2.05 HISTORIC PREFERENCE (JUN 2012)
2.06 ASBESTOS (JUN 2012)
2.07 ACCESSIBILITY (JUN 2012)
2.08 FIRE PROTECTION AND LIFE SAFETY (JUN 2012)
2.09 ENERGY INDEPENDENCE AND SECURITY ACT (SEP 2011)
SECTION 3 HOW TO OFFER
3.01 GENERAL INSTRUCTIONS (JUN 2012)
3.02 RECEIPT OF LEASE PROPOSALS (SEPT 2011)
3.03 PRICING TERMS (STREAMLINED) (SEP 2012)
3.04 BUDGET SCOREKEEPING; OPERATING LEASE TREATMENT (APR 2011)
3.05 ADDITIONAL SUBMITTALS (STREAMLINED) (SEP 2012)
3.06 TENANT IMPROVEMENTS AND PRICING (JUN 2012)
3.07 LEED FOR COMMERCIAL INTERIORS (JUN 2012) INTENTIONALLY DELETED
3.08 OPERATING COSTS REQUIREMENTS INCLUDED IN OFFER (JUN 2012)
3.09 UTILITIES SEPARATE FROM RENTAL/BUILDING OPERATING PLAN (JUN 2012) INTENTIONALLY DELETED . 12
3.10 SECURITY IMPROVEMENTS INCLUDED IN OFFER (SEP 2012) INTENTIONALLY DELETED
SECTION 4 METHOD OF AWARD
4.01 NEGOTIATIONS (JUN 2012)
4.02 HUBZONE SMALL BUSINESS CONCERN ADDITIONAL PERFORMANCE REQUIREMENTS (MAR 2012)
4.03 AWARD BASED ON PRICE (STREAMLINED) (JUN 2012)
4.04 PRESENT VALUE PRICE EVALUATION (STREAMLINED) (JUN 2012)
4.05 AWARD (STREAMLINED) (JUN 2012)
SECTION 5 ADDITIONAL TERMS AND CONDITIONS
RLP NO. AG0436S130003, PAGE 1 GSA FORM R101B (10/12)
REQUEST FOR LEASE
PROPOSALS NO.
AG0436S130003
April 6, 2013 STREAMLINED RLP GSA FORM R101B (October 2012)
SECTION 1 STATEMENT OF REQUIREMENTS
1.01 GENERAL INFORMATION (STREAMLINED) (JUN 2012)
A. This Request for Lease Proposals (RLP) sets forth instructions and requirements for proposals for a Lease described in the RLP documents. The Government will evaluate Proposals conforming to the RLP requirements in accordance with the Method of Award set forth below to select an Offeror for award. The Government will award the Lease to the selected Offeror, subject to the conditions below.
B. Included in the RLP documents is a lease form (GSA Form L201B) setting forth the Lease Term and other terms and conditions of the Lease contemplated by this RLP and a GSA Streamlined Lease Proposal (GSA Form 1364B) 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. Do not attempt to complete the lease form (GSA Form L201B). Upon selection for award, United States Department of Agriculture, Natural Resources Conservation Service (NRCS) will transcribe the successful Offeror's final offered rent and other price data included on the GSA Form 1364B into the lease form, and 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 the first page, initial each subsequent page of the Lease, and return it to the Lease Contracting Officer (LCO).
D. The Offeror's executed Lease shall constitute a firm offer. No Lease shall be formed until the LCO executes the Lease and delivers a signed copy to the Offeror.
1.02 AMOUNT AND TYPE OF SPACE, LEASE TERM AND OCCUPANCY DATE (JUN 2012)
A. The Government is seeking a minimum of 8,985 to a maximum of 9,500 of American National Standards Institute/Building Owners and Managers Association (ANSI/BOMA) Office Area (ABOA) square feet (SF) of contiguous space within the Area of Consideration set forth below. See Section 2 of the Lease for applicable ANSI/BOMA standards.
B. The Space shall be located in a modern quality Building of sound and substantial construction with a facade of stone, marble, brick, stainless steel, aluminum or other permanent materials in good condition and acceptable to the LCO. If not a new Building, the Space offered shall be in a Building that has undergone, or will complete by occupancy, modernization or adaptive reuse for the Space with modern conveniences;
C. The Government requires 13 secured parking spaces in addition to at least 36 general parking spaces. The secured spaces must be secured and lit in a manor approved by the LCO. Offeror shall include the cost of this parking as part of the rental consideration.
D. As part of the rental consideration, the Government may require use of part of the Building roof for the installation of antenna(s). If antenna space is required, specifications regarding the type of antenna(s) and mounting requirements are included in the agency requirements information provided with this RLP.
E. SUB-PARAGRAPH INTENTIONALLY DELETED
F. 5 Years, No Years Firm, with Government termination rights, in whole or in part, effective at any time after the Firm Term of the Lease by providing not less than 120 days’ prior written notice.
G. Occupancy is required in accordance with the schedule outlined in the Schedule for Completion of Space paragraph under the Lease.
1.03 AREA OF CONSIDERATION (JUN 2012)
The Government requests Space in an area bounded as follows:
Delineated area includes areas within the Salem Urban Growth Boundary (UGB) East of the Willamette River & Areas within the Keizer UGB. Extends North to Brooklake Rd-East to Cordon Rd-West to the Willamette River-South to Hylo Rd.
(See Exhibit A)
RLP NO. AG0436S130003, PAGE 2 GSA FORM R101B (10/12)
Buildings that have frontage on the boundary streets are deemed to be within the delineated Area of Consideration.
1.04 NEIGHBORHOOD, PARKING, LOCATION AMENITIES, AND PUBLIC TRANSPORTATION (JUN 2012)
A. INSIDE CITY CENTER: Space shall be located in a prime commercial office district with attractive, prestigious, and professional surroundings with a prevalence of modern design and/or tasteful rehabilitation in modern use. Streets and public sidewalks shall be well maintained. The parking-to-square-foot ratio available on-site shall be one (1) space for every 250 RSF of Space. A variety of inexpensive or moderately priced fast-food and/or eat-in restaurants shall be located within the immediate vicinity of the Building, but generally not exceeding a walkable ½ mile of the employee entrance of the offered Building, as determined by the LCO. A public bus line usable by tenant occupants and their customers shall be located within the immediate vicinity of the Building, but generally not exceeding a walkable ½ mile, as determined by the LCO. Amenities must be existing or Offeror must demonstrate to the Government’s reasonable satisfaction that such amenities will exist by the Government’s required occupancy date.
B. OUTSIDE CITY CENTER: Space shall be located 1) in an office, research, technology, or business park that is modern in design with a campus-like atmosphere; or 2) on an attractively landscaped site containing one or more modern office Buildings that are professional and prestigious in appearance with the surrounding development well maintained and in consonance with a professional image. The parking-to-square-foot ratio available on-site shall be one (1) space for every 250 RSF of Space.
Adequate eating facilities shall be located within the immediate vicinity of the Building, but generally not exceeding a walkable ½ mile, as determined by the LCO. Amenities must be existing or Offeror must demonstrate to the Government’s reasonable satisfaction that such amenities will exist by the Government’s required occupancy date.
1.05 LIST OF RLP DOCUMENTS (STREAMLINED) (SEP 2012)
The following documents are attached to and included as part of this RLP:
DOCUMENT NAME
NO. OF
PAGES
EXHIBIT
Map of Delineated Area 1 A
GSA Form 3516, Solicitation Provisions 5 B
GSA Form 1217, Lessor's Annual Cost Statement 2 C
Lease No. 57-0436-13-020 (Form L201B) 36 D
GSA Form 1364B, Proposal to Lease Space 4 E
Agency Specific Requirements 7 F
Security Requirements for Level I 2 G
USDA-OCIO-ITS Requirements 6 H
GSA Form 3517B, General Clauses 43 I
GSA Form 3518-Representations and Certifications 10 J
GSA Form 12000 for Pre-lease Fire Protection and Life Safety Evaluation for an Office Building (Part A or Part B) (See Section 3 for applicable requirements)
6 K
Seismic Offer Forms 8 L AD Form 2056 – Building/Site Accessibility Compliance Checklist (for informational purposes only)
12 M
1.06 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.
1.07 LEASE DESCRIPTION (STREAMLINED) (SEP 2012)
A. Offeror shall examine the Lease form 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, and renewal option, if any.
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.
RLP NO. AG0436S130003, PAGE 3 GSA FORM R101B (10/12)
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, turnkey Lease with rent that covers all Lessor costs, including all shell upgrades, TIs, operating costs, real estate taxes, and security upgrades. 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. The Tenant Improvements to be delivered by the Lessor shall be based upon information provided with this RLP and Lease, including Agency Specific Requirements. The Lessor shall be required to design and build the TIs and will be compensated for the TI costs based upon turnkey pricing established under the Lease. Offerors are encouraged to consider the use of existing fit-out and other improvements to minimize waste. However, any existing improvements must be deemed equivalent to Lease requirements for new construction, and Offerors are cautioned to consider those requirements before assuming efficiencies in its TI costs resulting from use of existing improvements.
E. After award, the Lessor must prepare Design Intent Drawings (DIDs) for the leased Space conforming to the Agency Specific Requirements. The Government will have the opportunity to review the Lessor's DID's to determine that the Lessor's design meets the requirements of the Lease. Only after the Government approves the DIDs 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. 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
G. Finally, 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 GSA Form 3517B, which will be part of the Lease.
H. The security pricing process is described in a separate paragraph.
1.08 RELATIONSHIP OF RLP BUILDING MINIMUM REQUIREMENTS AND LEASE OBLIGATIONS (JUN 2012)
The Lease establishes various requirements relating to the Building shell. Such requirements are not deemed TIs. Certain of these Building requirements 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.
1.09 SECURITY LEVEL DETERMINATION FOR FACILITY HOUSING OTHER FEDERAL TENANTS (APR 2011)
If an Offeror is offering space in a facility currently housing a Federal agency, the security requirements of the facility may be increased and the Offeror may be required to adhere to a higher security standard than other Offerors competing for the same space requirement. If two or more Federal space requirements are being competed at the same time, an Offeror submitting on both or more space requirements may be subject to a higher security standard if the Offeror is determined to be the successful Offeror on more than one space requirement. It is incumbent upon the Offeror to prepare the Offeror’s proposal accordingly.
1.10 INSPECTION—RIGHT OF ENTRY (JUN 2012)
A. At any time and from time to time after receipt of an offer (until the same has been duly withdrawn or rejected), the agents, employees and contractors of the Government may, upon reasonable prior notice to Offeror, enter upon the offered Space or the Premises, and all other areas of the Building access to which is necessary to accomplish the purposes of entry, to determine the potential or actual compliance by the Offeror with the requirements of the RLP and its attachments, which purposes shall include, but not be limited to:
1. Inspecting, sampling, and analyzing of suspected asbestos-containing materials and air monitoring for asbestos fibers.
2. Inspecting the heating, ventilation and air conditioning system, maintenance records, and mechanical rooms for the offered Space or the Premises.
3. Inspecting for any leaks, spills, or other potentially hazardous conditions which may involve tenant exposure to hazardous or toxic substances.
4. Inspecting for any current or past hazardous waste operations, to ensure that appropriate actions were taken to alleviate any environmentally unsound activities in accordance with Federal, state, and local law.
B. Nothing in this paragraph shall be construed to create a Government duty to inspect for toxic materials or to impose a higher standard of care on the Government than on other lessees. The purpose of this paragraph is to promote the ease with which the Government may inspect the Building. Nothing in this paragraph shall act to relieve the Offeror of any duty to inspect or liability which might arise because of Offeror’s failure to inspect for or correct a hazardous condition.
RLP NO. AG0436S130003, PAGE 4 GSA FORM R101B (10/12)
1.11 AUTHORIZED REPRESENTATIVES (JUN 2012)
With respect to all matters relating to this RLP, only the Government's 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:
Monty J. Shuster USDA/Rural Development
1201 NE Lloyd Blvd, Suite 801 Portland, OR 97232 Phone: 503-414-3329
FAX: 503-414-3392
Email: MONTY.SHUSTER@OR.USDA.GOV
1.12 BROKER COMMISSION AND COMMISSION CREDIT (APR 2011) INTENTIONALLY DELETED
1.13 PRICING OF SECURITY REQUIREMENTS (SEP 2012)
A. This proposed Lease contains an attachment with the security requirements and obligations for the building, which are based on the facility security level (FSL). 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. THIS SUB-PARAGRAPH HAS BEEN INTENTIONALLY DELETED
C. There shall be no charge to the Government for any items that already exist in the offered Building or facility.
SECTION 2 ELIGIBILITY AND PREFERENCES FOR AWARD
2.01 EFFICIENCY OF LAYOUT (AUG 2011)
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, NRCS 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.
2.02 FLOOD PLAINS (JUN 2012)
A Lease will not be awarded for any offered Property located within a 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. 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 LCO may, in his or her sole discretion, determine that the offered Property does not adequately avoid development in a 100-year floodplain.
2.03 SEISMIC SAFETY – MODERATE SEISMICITY (SEP 2012) INTENTIONALLY DELETED
2.04 SEISMIC SAFETY – HIGH SEISMICITY (SEP 2012)
A. The Government intends to award a Lease to an Offeror of a Building that is in compliance with the Seismic Standards. If an offer is received which is in compliance with the Seismic Standards and the other requirements of this RLP, then other offers which do not comply with the Seismic Standards must not be considered. If none of the offers is in compliance with the Standards, the LCO will make the award to the Offeror whose offer meets the other requirements of this RLP and provides the best value to the Government, taking into account price, seismic safety and any other award factors specified in this RLP.
B. An offered Building will be considered to be in compliance with the Seismic Standards if it meets one of the following conditions:
RLP NO. AG0436S130003, PAGE 5 GSA FORM R101B (10/12)
1. The offer includes a representation that the Premises will be in a one-story Building of steel light frame or wood construction with less than 3,000 ABOA SF of space in the Building (Seismic Form D).
2. The offer includes a Seismic Certificate certifying that the Building is a Benchmark Building (Seismic Form A).
3. The offer includes a Seismic Certificate based on a Tier I Evaluation showing that the Building meets the Seismic
Standards (Seismic Form B). The submission must include the checklists and backup calculations from the Tier 1 Evaluation.
4. The offer includes a Seismic Certificate based on a Tier 2 or Tier 3 Evaluation showing that the Building complies with the Seismic Standards (Seismic Form B). If the certificate is based on a Tier 2 or Tier 3 Evaluation, the data, working papers, calculations and reports from the evaluation must be made available to the Government.
5. The offer includes a commitment to retrofit the Building to satisfy all of the Basic Safety Objective requirements of ASCE/SEI 41 (Seismic Form C, Part 1). If the Offeror proposes to retrofit the Building, the offer must include a Tier 1 report with all supporting documents, a narrative explaining the process and scope of retrofit and a schedule for the seismic retrofit. The Offeror shall provide a construction schedule, concept design for the seismic upgrade and supporting documents for the retrofit, including structural calculations, drawings, specifications, and geotechnical report to the Government for review and approval prior to award. The documentation must demonstrate the seismic retrofit will meet the seismic standards and be completed within the time frame required.
6. The offer includes a pre-award commitment to construct a new Building, using local building codes (Seismic Form C, Part 2).
C. The LCO may allow an Offeror to submit a Seismic Certificate after the deadline for final proposal revisions. However, the LCO is not obligated to delay award in order to enable an Offeror to submit a Seismic Certificate.
A. Definitions. For the purpose of this paragraph:
“ASCE/SEI 31” means the American Society of Civil Engineers standard, Seismic Evaluation of Existing Buildings. You can purchase ASCE/SEI from ASCE at (800) 548-2723 or by visiting HTTP://WWW.PUBS.ASCE.ORG.
“ASCE/SEI 41” means American Society of Civil Engineers standard, Seismic Rehabilitation of Existing Buildings. You can purchase ASCE/SEI from ASCE at (800) 548-2723 or by visiting HTTP://WWW.PUBS.ASCE.ORG.
“Benchmark Building” means a building that was designed and built, or retrofitted, in accordance with the seismic provisions of the applicable codes specified in Section 1.3.1 of RP 8.
Engineer” means a professional engineer who is licensed in Civil or Structural Engineering and qualified in the structural design of buildings. They must be licensed in the state where the property is located.
“RP 8” means “Standards of Seismic Safety for Existing Federally Owned and Leased Buildings ICSSC Recommended Practice 8 (RP 8),” issued by the Interagency Committee on Seismic Safety in Construction as ICSSC RP 8 and the National Institute of Standards and Technology as NIST GCR 11-917-12. RP 8 can be obtained from
HTTP://WWW.WBDG.ORG/CCB/NIST/NIST_GCR11_917_12.PDF
“Seismic Certificate” means a certificate executed and stamped by an Engineer on the appropriate Certificate of Seismic
Compliance form included with this RLP together with any required attachments.
“Seismic Standards” means the requirements of RP 8 Section 2.2 for Life Safety Performance Level in ASCE/SEI 31 or the Basic Safety Objective in ASCE/SEI 41, unless otherwise specified.
“Tier 1 Evaluation” means an evaluation by an Engineer in accordance with Chapters 2.0 and 3.0 of ASCE/SEI 31. A Tier
1 Evaluation must include the appropriate Structural, Nonstructural and Geologic Site Hazards and Foundation Checklists.
“Tier 2 Evaluation” means an evaluation by an Engineer in accordance with Chapter 4.0 of ASCE/SEI 31.
“Tier 3 Evaluation” means an evaluation by an Engineer in accordance with Chapter 5.0 of ASCE/SEI 31.
2.05 HISTORIC PREFERENCE (JUN 2012)
A. The Government will give preference to offers of Space in Historic Properties following this hierarchy of consideration:
1. Historic Properties within Historic Districts.
2. Non-historic developed sites and non-historic undeveloped sites within Historic Districts.
3. Historic Properties outside of Historic Districts.
B. Definitions:
1. Determination of eligibility means a decision by the Department of the Interior that a district, site, Building, structure or object meets the National Register criteria for evaluation although the Property is not formally listed in the National Register (36 CFR 60.3(c)).
2. Historic District means a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, Buildings, structures, or objects united by past events or aesthetically by plan or physical
RLP NO. AG0436S130003, PAGE 6 GSA FORM R101B (10/12)
development. A district may also comprise individual elements separated geographically but linked by association or history (36 CFR 60.3(d)). The Historic District must be included in or be determined eligible for inclusion in the National Register of Historic Places (NRHP).
3. Historic Property means any prehistoric or Historic District, site, Building, structure, or object included in or been determined eligible for inclusion in the NRHP maintained by the Secretary of the Interior (36 CFR 800.16(l)).
4. National Register of Historic Places means the National Register of districts, sites, Buildings, structures and objects significant in American history, architecture, archeology, engineering and culture that the Secretary of the Interior is authorized to expand and maintain under the National Historic Preservation Act (36 CFR 60.1).
C. The offer of Space must meet the terms and conditions of this RLP package and its attachments. The LCO has discretion to accept alternatives to certain architectural characteristics and safety features defined elsewhere in this RLP package to maintain the historical integrity of an Historic Building, such as high ceilings and wooden floors, or to maintain the integrity of an Historic District, such as setbacks, floor-to-ceiling heights, and location and appearance of parking.
D. When award will be based on the lowest price technically acceptable source selection process, the Government will give a price evaluation preference, based on the total annual ABOA SF present value cost to the Government, to Historic Properties as follows:
1. First to suitable Historic Properties within Historic Districts, a 10 percent price preference.
2. If no suitable Historic Property within an Historic District is offered, or the 10 percent preference does not result in such property being the lowest price technically acceptable offer, the Government will give a 2.5 percent price preference to suitable non-historic developed or undeveloped sites within Historic Districts.
3. If no suitable, non-historic, developed, or undeveloped site within a Historic District is offered, or the 2.5 percent preference does not result in such property being the lowest price technically acceptable offer, the Government will give a 10 percent price preference to suitable Historic Properties outside of Historic Districts.
4. Finally, if no suitable Historic Property outside of Historic Districts is offered, no historic price preference will be given to any property offered.
E. When award will be based on the best value tradeoff source selection process, which permits tradeoffs among price and non-price factors, the Government will give a price evaluation preference, based on the total annual ABOA SF present value cost to the Government, to Historic Properties as follows:
1. First, to suitable Historic Properties within Historic Districts, a 10 percent price preference.
2. If no suitable Historic Property within a Historic District is offered or remains in the competition, the Government will give a 2.5 percent price preference to suitable non-historic developed or undeveloped sites within Historic Districts.
3. If no suitable, non-historic developed or undeveloped site within an Historic District is offered or remains in the competition, the Government will give a 10 percent price preference to suitable Historic Properties outside of Historic Districts.
4. Finally, if no suitable Historic Property outside of Historic Districts is offered, no historic price preference will be given to any property offered.
F. The Government will compute price evaluation preferences by reducing the price(s) of the Offerors qualifying for a price evaluation preference by the applicable percentage provided in this provision. The price evaluation preference will be used for price evaluation purposes only. The Government will award a Lease for the actual prices proposed by the successful Offeror and accepted by the Government.
G. To qualify for a price evaluation preference, Offeror must provide satisfactory documentation in their offer that their property qualifies as one of the following:
1. A Historic Property within a Historic District.
2. A non-historic developed or undeveloped site within a Historic District.
3. A Historic Property outside of a Historic District.
2.06 ASBESTOS (JUN 2012)
A. Government requests space with no asbestos-containing materials (ACM), or with ACM in a stable, solid matrix (e.g., asbestos flooring or asbestos cement panels), which is not damaged or subject to damage by routine operations. 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. 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 materials with a concentration of greater than 1 percent by dry weight of asbestos.
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. If Space is offered which contains ACM, the Offeror shall submit an asbestos-related management plan for acceptance by the Government prior to Lease award. This plan shall conform to EPA guidance.
RLP NO. AG0436S130003, PAGE 7 GSA FORM R101B (10/12)
2.07 ACCESSIBILITY (JUN 2012)
The Lease contemplated by this RLP contains Building requirements for Accessibility. 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 Lease accessibility requirements, or
B. Include as a specific obligation in its Lease proposal that improvements to bring the Building into compliance with Lease accessibility requirements will be completed prior to acceptance of the Space.
2.08 FIRE PROTECTION AND LIFE SAFETY (JUN 2012)
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.
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.
2.09 ENERGY INDEPENDENCE AND SECURITY ACT (SEP 2011)
A. The Energy Independence and Security Act (EISA) establishes requirements for Government leases relating to energy efficiency standards and potential cost effective energy efficiency and conservation improvements.
B. Unless one of the statutory exceptions listed in sub-paragraph below C applies, NRCS may award a Lease for a Building only if the Building has earned the ENERGY STAR® label conferred by the Environmental Protection Agency (EPA) within the most recent year prior to the due date for final proposal revisions. The term “most recent year” means that the date of award of the ENERGY STAR® label by EPA must not be more than 1 year prior to the due date of final proposal revisions. For example, an ENERGY STAR® label awarded by EPA on October 1, 2010, is valid for all lease procurements where final proposal revisions are due on or before September 30, 2011. In lieu of the above, all new Buildings being specifically constructed for the Government must achieve an ENERGY STAR® label within 18 months after occupancy by the Government. In addition, Offerors of the following Buildings shall also have up to 18 months after occupancy by the Government, or as soon thereafter as the Building is eligible for Energy Star consideration, to achieve an Energy Star label: 1) All existing Buildings that have had an Energy Star label but are unable to obtain a label in the most recent year (i.e., within 12 months prior to the due date for final proposal revisions) because of insufficient occupancy; 2) Newly built Buildings that have used Energy Star’s Target Finder tool and either achieved a “Designed to Earn the Energy Star” certification or received an unofficial score (in strict adherence to Target Finder’s usage instructions, including the use of required energy modeling) of 75 or higher prior to the due date for final proposal revisions and who are unable to obtain a label in the most recent year because of insufficient occupancy; 3) An existing Building that is unable to obtain a label because of insufficient occupancy but that can produce an indication, through the use of energy modeling or past utility and occupancy data input into Energy Star’s Portfolio Manager tool or Target Finder, that it can receive an unofficial score of 75 or higher using all other requirements of Target Finder or Portfolio Manager, except for actual data from the most recent year. ENERGY STAR tools and resources can be found at WWW.ENERGYSTAR.GOV.
C. EISA allows a Federal agency to lease Space in a Building that does not have an ENERGY STAR® Label if:
1. No Space is offered in a Building with an ENERGY STAR® Label that meets RLP requirements, including locational needs;
2. The agency will remain in a Building it currently occupies;
3. The Lease will be in a Building of historical, architectural, or cultural significance listed or eligible to be listed on the
National Register of Historic Places; or
4. The Lease is for 10,000 RSF or less.
D. If one or more of the statutory exceptions applies, and the offered Space is not in a Building that has earned the ENERGY STAR® Label within one year prior to the due date for final proposal revisions, Offerors are required to include in their lease proposal an agreement to renovate the Building for all energy efficiency and conservation improvements that it has determined would be cost effective over the Firm Term of the Lease, if any, prior to acceptance of the Space (or not later than one year after the Lease Award Date of a succeeding or superseding Lease). Such improvements may consist of, but are not limited to, the following:
1. Heating, ventilating, and air conditioning (HVAC) upgrades, including boilers, chillers, and Building Automation System (BAS)/Monitoring/Control System (EMCS).
2. Lighting Improvements.
3. Building Envelope Modifications.
NOTE: Additional information can be found on http://www.gsa.gov/leasing under “Green Leasing.”
RLP NO. AG0436S130003, PAGE 8 GSA FORM R101B (10/12)
E. The term "cost effective" means an improvement that will result in substantial operational cost savings to the landlord by reducing electricity or fossil fuel consumption, water, or other utility costs. The term "operational cost savings" means a reduction in operational costs to the landlord through the application of Building improvements that achieve cost savings over the Firm Term of the Lease sufficient to pay the incremental additional costs of making the Building improvements.
F. Instructions for obtaining an ENERGY STAR® Label are provided at http://www.energystar.gov/eslabel (use “Portfolio Manager” to apply). ENERGY STAR® tools and resources can be found at www.energystar.gov. The ENERGY STAR® Building Upgrade Manual (http://www.energystar.gov/) and Building Upgrade Value Calculator (http://www.energystar.gov/financialevaluation) are tools which can be useful in considering energy efficiency and conservation improvements to Buildings.
G. If one or more of the statutory exceptions applies, and the offered Space is not in a Building that has earned the ENERGY STAR® Label within one year prior to the due date for final proposal revisions, the successful Offeror will be excused from performing any agreed-to energy efficiency and conservation renovations if it obtains the Energy Star Label prior to the Government’s acceptance of the Space (or not later than one year after the Lease Award Date for succeeding and superseding leases).
H. If no improvements are proposed, the Offeror must demonstrate to the Government using the ENERGY STAR® Online Tools why no energy efficiency and conservation improvements are cost effective. If such explanation is unreasonable, the offer may be rejected.
I. All new Buildings being specifically constructed for the Government must achieve the ENERGY STAR® Label within 18 months after occupancy by the Government.
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 (SEPT 2011)
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 NRCS email address identified in the request for lease proposals will be accepted. Offeror submitting a lease proposal by email shall retain in its possession, and make available upon NRCS 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 in one of the following ways:
1. No later than 2:00 p.m., local time, on the following date at the following designated office and address:
Date: May 10, 2013
Office: USDA/Rural Development
Address: 1201 NE Lloyd Blvd, Suite 801, Portland, OR 97232
2. No later than 2:00 p.m., local time, on the following date at the following email address:
Date: May 10, 2013
Email Address: Monty.shuster@or.usda.gov
C. Offers sent by United States mail or hand delivered (including delivery by commercial carrier) shall be deemed late if delivered to the address of the office designated for receipt of offers after the date and time established for receipt of offers.
RLP NO. AG0436S130003, PAGE 9 GSA FORM R101B (10/12)
D. 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.
E. Offers delivered through any means authorized by the RLP 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.;
F. 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 (STREAMLINED) (SEP 2012)
Offeror shall provide the following pricing information with its offer:
A. GSA Form 1217, Lessor’s Annual Cost Statement. Complete all section of the 1217.
B. GSA Form 1364B, Streamlined Lease Proposal. Complete all sections of the 1364B, including, but not limited to:
1. A fully serviced Lease rate (gross rate) per ABOA and RSF, clearly itemizing both the total Building shell rental, and TI rate, Building Specific Amortized Capital 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 include, but is not limited to, property financing (exclusive of TIs), 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 RSF for the cost of services and utilities. This equals line 27 of GSA Form 1217, Lessor’s Annual Cost Statement, divided by the Building size (shown on the top of both GSA Form 1364B, Streamlined Lease Proposal, and GSA Form 1217) for RSF.
4. The annual rent to amortize the TI. This shall be all alterations for the Space above the Building shell buildout. Such alterations shall be described and identified in the drawings used to construct the Space. If the Offeror chooses to amortize the TI for a period exceeding the Term of the Lease (5 years), the Offeror shall indicate the extended time in the offer. If the Government terminates the Lease after the 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. SUB-PARAGRAPH INTENTIONALL DELETED
6. A fully serviced Lease rate per RSF for that portion of the optional lease term extending beyond the first term of the lease
(five years). The rate proposed for this portion of the term shall not reflect any TIs as they will have been fully amortized over the first term of the lease.
7. An hourly overtime rate for overtime use of heating and cooling, and annual rate for areas requiring 24/7 HVAC. NOTE:
Refer to the Lease document for additional guidance.
8. Adjustment for Vacant Leased Premises. NOTE: Refer to the Lease document for additional guidance.
9. SUB-PARAGRAPH INTENTIONALLY DELETED
10. Rent concessions being offered either on the GSA Form 1364B or in separate correspondence.
11. SUB-PARAGRAPH INTENTIONALLY DELETED
C. SUB-PARAGRPH INTENTIONALLY DELETED
D. SUB-PARAGRAPH 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 ADDITIONAL SUBMITTALS (STREAMLINED) (SEP 2012)
Offeror shall also submit with its offer the information concerning and documentation of the following:
A. GSA Form 3518, Representations and Certifications. Note: This information applies to the status of the Ownership entity and not the authorized representative completing the form.
B. Satisfactory evidence of at least a conditional commitment of funds in an amount necessary to prepare the Space. 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.
RLP NO. AG0436S130003, PAGE 10 GSA FORM R101B (10/12)
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, or the Offeror’s plan and schedule to obtain all necessary zoning approvals prior to performance if the same have not been received at the time of submission of offers.
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, documentation satisfactory to the LCO evidencing the Offeror's stated interest in the Property and any encumbrances on the Property, shall be submitted.
E. If the Offeror does not yet have a vested interest in the Property, but rather has a written agreement to acquire an interest, then the Offeror shall submit a fully executed copy of the written agreement with its offer, together with a statement from the current owner that the agreement is in full force and effect and that the Offeror has performed all conditions precedent to closing, or other form of documentation satisfactory to the LCO. These submittals must remain current. The Offeror is required to submit updated documents as required.
F. If claiming an historic preference in accordance with the Historic Preference in RLP Section 2, Eligibility and Preferences for Award, Offeror must submit one of the following as documentation that the Property is historic or the site of the offered Property is within a Historic District: a letter from the National Park Service stating that the Property is listed in the National Register of Historic Places (NRHP) or eligible for listing, with a date of the listing/decision; a letter from the State Historic Preservation Office stating that the Property is listed in the NRHP, or on a statewide register, or eligible for inclusion, with a date of the listing/decision;
or, the NRHP Identification Number and date of listing available from the NRHP Database found at www.nps.gov/nr.
G. If there is a potential for conflict of interest because of a single agent representing multiple owners, present evidence that the agent disclosed the multiple representation to each entity and has authorization from each ownership entity offering in response to this RLP package. Owners and agents in conflicting interest situations are advised to exercise due diligence with regard to ethics, independent pricing, and Government procurement integrity requirements. In such cases, the Government reserves the right to negotiate with the owner directly.
H. The Offeror must have an active registration in the System for Award Management (SAM) System (via the Internet at HTTP://WWW.SAM.GOV) prior to submission of final proposal revisions.
I. The Offeror must submit the following Fire Protection and Life Safety (FPLS) information in sub-paragraphs a through d unless the Building meets either exemption 2 or 3 below.
1. FPLS Submittal information
a. Completed GSA Form 12000, Pre-lease Fire Protection and Life Safety Evaluation for an Office Building (Part A or PART B, as applicable).
b. A copy of the previous year’s fire alarm system maintenance record showing compliance with the requirements in NFPA 72 (if a system is installed in the Building).
c. A copy of the previous year’s automatic fire sprinkler system maintenance record showing compliance with the requirements in NFPA 25 (if a system is installed in the Building).
d. A valid Building Certificate of Occupancy (C of O) issued by the local jurisdiction. If the Building C of O is not available or the local jurisdiction does not issue a Building C of O, a report prepared by a licensed fire protection engineer with their assessment of the offered Space regarding compliance with all applicable local Fire Protection and Life Safety -related codes and ordinances.
2. If the Space offered is 10,000 RSF or less in area and is located on the 1st floor of the Building, Offeror is not required to submit to GSA the Fire Protection and Life Safety (FPLS) Submittal Information listed in sub-paragraph 1 above.
3. If the Offeror provides a Building Certificate of Occupancy obtained under any edition of the IBC AND the offered Space meets or will meet all the requirements of the Lease with regard to Means of Egress, Automatic Fire Sprinkler System, and Fire Alarm System prior to occupancy, then Offeror is not required to submit to GSA the FPLS Submittal Information listed in sub-paragraph…
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