1 GSA FORM R101C STANDARD RLP.DOCX

Natural Resources Conservation Service 6200 Jefferson NE, Room 305 Albuquerque, New Mexico 87109 Phone: (505) 761-4400 Fax: (505) 761-4463 Web site: www.nm.nrcs.usda.gov

Location:

USDA Service Center In Las Cruces, New Mexico

Initial offers are due by 4:00 PM MT on October 7, 2011 and shall remain open until lease award.

SUBMIT QUESTIONS AND OFFERS TO:

TERRY L. SARAZIN, CONTRACT SPECIALIST & CONTRACTING OFFICER’S AUTHORIZED REPRESENTATIVE

USDA – NATURAL RESOURCES CONSERVATION SERVICE

6200 JEFFERSON STREET NE, SUITE 305

ALBUQUERQUE, NM 87109

TERRY.SARAZIN@NM.USDA.GOV

The 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 and Offeror for award. The Government will award the Lease to the selected Offeror, subject to the conditions herein.

RLP NO. XXXXX, PAGE 22 GSA FORM R101C (05/11)

RLP NO. AG-8C30-S-11-0010

08/29/11

GSA FORM R101C (05/11)

INSTRUCTIONS FOR CREATING LEASE AND RLP DOCUMENTS

ALL INSTRUCTIONS FOR CREATING THESE DOCUMENTS ARE TYPED IN BLUE “HIDDEN” TEXT. YOU SHOULD WORK WITH THE HIDDEN TEXT SHOWING (TURNED ON), EXCEPT WHEN THE FINISHED LEASE IS BEING PRINTED.

TO REVEAL HIDDEN TEXT IN THE DOCUMENT—

TO TURN OFF HIDDEN TEXT: FOLLOW INSTRUCTIONS (A) THRU (H), ABOVE. WHEN YOU CLICK ON THE “HIDDEN TEXT” BOX, THE CHECKMARK WILL DISAPPEAR AND THE HIDDEN TEXT WILL NOT SHOW ON SCREEN OR IN PRINTED VERSIONS OF THE LEASE.

TO INPUT DATA: IF A PARAGRAPH HAS BOLD XXs OR EMPTY UNDERSCORES (_______), INPUT THE INFORMATION REQUIRED.

DELETE AND MODIFY PARAGRAPHS*

ALL PARAGRAPHS ARE STANDARDIZED AND MANDATORY UNLESS OTHERWISE NOTED IN THE HEADING “ACTION REQUIRED.” IF IT IS DETERMINED TO DELETE OR MODIFY A PARAGRAPH, THEN FOLLOW THESE STEPS:

DELETE—

· USING YOUR CURSOR, CAREFULLY SELECT (DRAG YOUR CURSOR OVER) THE CLAUSE TITLE. (NOTE: DO NOT SELECT THE CLAUSE NUMBER.)

· WITH THE TITLE SELECTED, CLICK ON THE “STRIKETHROUGH” BUTTON (ABC) ON THE QUICK ACCESS TOOLBAR. NOTE: DO NOT DELETE THE TITLE; JUST STRIKE THROUGH IT.

EXAMPLE: 1.27 INPUTTING REQUIRED DATA. NOTE THE NUMBER IS UNCHANGED.

· SELECT THE ENTIRE TEXT OF THE CLAUSE YOU WANT TO DELETE.

· DELETE THE TEXT BY PRESSING THE DELETE KEY, THE BACKSPACE KEY, OR THE CONTROL KEY AND “X” KEY SIMULTANEOUSLY.

MODIFY—

· COPY THE TITLE AND TEXT (WITHOUT COPYING THE CLAUSE NUMBER).

· GO TO THE LAST SECTION OF THIS DOCUMENT TITLED "ADDITIONAL TERMS AND CONDITIONS"

· AT THE END OF THAT SECTION, THERE ALREADY MAY BE SOME REVISED CLAUSES IN THE SECTION. IF SO, GO TO THE END OF THE TEXT AND CLICK ON YOUR MOUSE TO PLACE THE CURSOR BELOW THE LAST ENTRY).

· PASTE (CNTL+V) THE TITLE AND TEXT YOU JUST COPIED. IT WILL AUTOMATICALLY RECEIVE A DIFFERENT CLAUSE NUMBER.

· RETURN YOUR CURSOR TO THE OTHER CLAUSE (THE ONE YOU COPIED).

· SELECT THE TITLE, WITHOUT THE NUMBER.

· CLICK ON THE STRIKETHROUGH BUTTON.

· SELECT ALL OF THE CLAUSE TEXT.

· DELETE THE TEXT, LEAVING ONLY THE CLAUSE NUMBER AND TITLE.

· AT THE END OF THE DELETED TEXT, TYPE, “PARAGRAPH HAS BEEN MODIFIED. PLEASE GO TO THE LAST SECTION OF THIS DOCUMENT TITLED ‘ADDITIONAL TERMS AND CONDITIONS’ TO SEE REVISED CLAUSE.”

· GO TO THE SECTION TITLED “ADDITIONAL TERMS…,” AND MAKE THE REQUIRED REVISIONS.

· SAVE YOUR CHANGES.

*THE ABOVE PRACTICES WILL INCREASE STANDARDIZATION AND FAMILIARITY OF THE DOCUMENT FOR THE PRACTITIONER BY ALLOWING CONSISTENT NUMBERING THROUGHOUT THE DOCUMENT.

ADDITIONAL SECURITY REQUIREMENTS

· REQUIREMENTS BASED ON ISC SECURITY CRITERIA, SHELL-RELATED REQUIREMENTS ARE LOCATED IN THE SECTION FOR SHELL COMPONENTS.

· ATTACH THE APPROPRIATE DOCUMENT TITLED “ADDITIONAL SECURITY REQUIREMENTS” AFTER CONSULTING WITH THE AGENCY TO DETERMINE THEIR SPECIFIC REQUIREMENTS USING THE APPROPRIATE ISC SECURITY LEVEL (II, III, OR IV).

· MODIFY THE “LIST OF RLP DOCUMENTS OR “DOCUMENTS INCORPORATED BY REFERENCE” PARAGRAPH, AS APPLICABLE.

RLP NO. AG-8C30-S-11-0010

08/29/11

TABLE OF CONTENTS

RLP TABLE OF CONTENTS GSA FORM R101C (05/11)

TYPE IN RLP NO. AND DATE

STANDARD RLP GSA FORM R101C (05/11)

STATEMENT OF REQUIREMENTS

GENERAL INFORMATION (APR 2011)

A. 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 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 (Form L201-C) setting forth the Lease Term and other terms and conditions of the Lease contemplated by this RLP and a Lease Proposal Form (Form 1364C) on which Offerors shall submit its offered rent and other price data, together with required information and submissions. The Lease clause titled "Definitions, Standards, and Formulas" shall apply to the terms of this RLP.

C. Upon selection for award, the Government will transcribe the successful Offeror's final offered rent and other price data into the Lease form, and transmit the completed Lease Form, together with 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 Form for accuracy and consistency with the successful offer data on the Offeror's Form 1364C, initial each page of the Lease, and return it to the Lease Contracting Officer ("RPLO").

D. The Offeror's executed Lease shall constitute a firm offer. No Lease shall be formed until the RPLO signs the Lease submitted by an Offeror and delivers a signed copy to the Offeror.

AMOUNT and type of space (APR 2011)

A. The Government is seeking a minimum of 9,360 and a maximum of 10,400 contiguous Usable Office Square Footage (ABOA) and a maximum of approximately 12,680 Rentable Square Footage (RSF). See Section 2 of the Lease for applicable ANSI/BOMA standards.

FSA Suite:

(Maximum 1,750 USF)

a) Private office(s) = 750 (5 each at 150 USF each lockable)

b) Open office space = 750 USF (5 cubicles)

c) Aerial Photography room = 250 USF, lockable

d) The FSA Suite must be located directly adjacent to the NRCS Field Office suite

a) Private office(s) = 150 USF, (Supervisor, 1 each, lockable)

b) Open space = 750 USF (5 cubicles)

c) Storage room = 200 USF, lockable

d) The NRCS Field Office suite must be located directly adjacent to the FSA Suite

a) Private office(s) = 300 USF, (Supervisors, 2 each, at 150 USF each, lockable)

b) Open space = 900 USF (6 cubicles)

c) Soils wet lab = 350 USF, lockable

d) Field equipment storage room = 150 USF separate exterior door, lockable The NRCS Soils Office suite requires a fully operational wet lab with an adjacent storage room.

1) There is a requirement for an outside/exterior door into the storage room, a interior door from the storage room into or lab area, and a lockable door from the lab into the Soils office area

2) Laboratory equipment, counters, sinks, soil drying oven, chemical/reagent storage cabinet, and laboratory Benches will be government-furnished materials. The Lessor will be required to install and make operational

3) Hot and cold running water in the lab is required

4) Provide two (2) 110 volt, 20 amp dedicated circuits each with isolated grounding with 2 duplex outlets evenly spaced above countertops

NRCS Area Office Suite:

(Maximum 1,400 USF)

a) Private office(s) = 150 USF, (Area Conservationist, lockable)

b) Open space = 1,050 USF, (7 cubicles)

c) Storage room = 200 USF, lockable

a) Private office(s) = 750 USF (Management, 5 each at 150 USF each, lockable)

b) Open pace = 600 USF, (4 cubicles)

c) File room with multiple doors = 855 USF, large file room, lockable

IT Requirements:

(Maximum 350 USF)

a) Computer Room = 75-100 USF, per Attachment 1 (7 pgs) and shall be located in close proximity to the USDA Suites

b) IT Specialist Office = 150 USF, lockable

c) IT Storage room = 100 USF, lockable

All Agencies Shared Space:

(Maximum 1,850 USF) This space shall be centrally located and the maximum size shall be:

a) Mail/Storage/Equipment = 1,250 USF

b) Break Room/Client = 300 USF, Shall include ADA/ABAAS accessible counter/sink

c) Conference Room = 300 USF

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 Lease Contracting Officer (RPLO). 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 26 secure parking spaces for government vehicles and 67 general parking for employees and visitors for a total of 93 spaces. Two out of the 67 general spaces shall be designated as pull through space to accommodate full size quad pickup trucks towing stock trailers. These spaces must be secured and lit in accordance with the Security Requirements set forth in the Lease. The Government requests that the cost of this parking shall be included as part of the rental consideration.

D. As part of this space requirement, 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 special requirements information provided with this RLP.

mandatory PARAGRAPH.

when VENDING FACILITIES WILL BE PROVIDED UNDER THE RANDOLPH-SHEPPARD ACT.

This PARAGRAPH is required in the rlp whenever the requirement 1) involves 100 or more occupants; or, 2) at least 15,000 SF of space. A Minimum of 250 SF must be offered to the blind. Contact the regional Concessions group for amount of space to be entered. Exception information can be found at 20 USC § 107a(d) [34 CFR 395.31(f)] E. Approximately 48 ABOA SF (4’X12’) of the 300 ABOA SF in the break room/client room required above will be used for the operation of 3 vending machines by the blind under the provisions of the Randolph-Sheppard Act (20 USC 107 et. seq.).

AREA OF CONSIDERATION (AUG 2008)

The Government is requesting space in an area bounded as follows:

Buildings which face and have street addresses on the boundary streets are deemed to be within the delineated area.

The below description is the area under consideration for the location of the lease for the Las Cruces, New Mexico USDA Service Center. The area of consideration shall take into account the ease and the ability of our producers to have the accessibility to nearby federal, state, county, and city services. The required lease location must be able to accommodate the producer’s vehicles including stock trailers and larger rural vehicles with ease.

Delineated Area of Consideration:

The delineated area is based on the legal description of the City of Las Cruces city limits and beyond those limits by one half (½) mile in all directions.

An award of contract will not be made for a property located within a base flood plain or wetland unless the Government has determined that there is no practicable alternative.

NEIGHBORHOOD, PARKING, AND LOCATION AMENITIES, AND PUBLIC TRANSPORTATION (APR 2011)

LOCATION: INSIDE OR OUTSIDE CITY CENTER (AUG 2008)

ACTION REQUIRED: REALTY SPECIALIST MUST FILL IN THE parking VARIABLE below WITH A reasonable amount in conformance with local market practice, however ratios should generally be one space per 2,500 – 4,000 sf.

2. Parking: The parking to square foot ratio available onsite shall meet or exceed current local code requirements, or in the absence of a local code requirement, onsite parking shall be available at a ratio of The parking-to-square-foot ratio available onsite shall at least meet current local code requirements, or in the absence of a local code requirement, onsite parking shall be available at a ratio of one (1) space for every 139 RSF (based on 12,680 RSF) of Government-demised area, or as determined by the Contracting Officer.

ACTION REQUIRED: REALTY SPECIALIST MUST FILL IN THE VARIABLE.

3. Location Amenities: A variety of inexpensive or moderately priced fast food and/or eat in restaurants should be located within the immediate vicinity of the building, but generally not exceeding a five (5) minute drive or a walkable 1/2 mile of the employee entrance of the offered building, as determined by the contracting officer. Other employee services, such as retail shops, cleaners, banks, county, state, or federal offices etc., should also be located within the immediate vicinity of the building, but generally not exceeding ten (10) minute drive or a walkable 1/2 mile of the employee entrance of the offered building, or as determined by the Contracting Officer.

ACTION REQUIRED: REALTY SPECIALIST MUST FILL IN THE VARIABLE.

4. Public Transportation: Access to public or campus bus lines, or bicycle paths usable by tenant occupants should be available and located within the immediate vicinity of the building that are easily reached but generally not exceeding a walkable 1/2 mile, or as determined by the Contracting Officer.

LOCATION

OPTIONAL PARAGRAPHs

MAY BE ALTERED, BUT SHOULD CONTAIN SUBSTANTIALLY THE SAME INFORMATION.

ACTION REQUIRED: Choose ONLY ONE OF THE Two PARAGRAPHS; THE OTHER MUST BE DELETED.

action required: use miles or feet for the distance variables in the paragraphs below. THese are standard measurements. city blocks vary in length and do not allow useful comparisons of distance. the ½ mile variable in the paragraphs is predicated on USGBC criteria for leed buildings.

ACTION REQUIRED: leasing CO/spECIALIST MUST FILL IN THE parking VARIABLE, below, WITH A reasonable amount, in conformance with local market PRACTICE; however, ratios generally should be one space per 2,500 to 4,000 SF

Action Required: The list of attachments is not comprehensive. Adjust the list as appropriate for the specific transaction.

Note: EXHIBITS SHOULD BE labeled with sequential letters.

LIST OF RLP DOCUMENTS (APR 2011)

The following documents are incorporated by reference, as though fully set forth herein:

1. GSA Form R101C,Request for Lease Proposal

2. GSA Form L201C, Lease Document

3. GSA Form 1364C, Proposal To Lease Space

4. GSA Form 1364, Instructions

5. GSA Form 1364, Guidance

6. GSA Form 1217, Lessor’s Annual Cost Statement

7. GSA Form 12000, Fire Protection and Life Safety

8. GSA Form 3518, Representations and Certifications

9. GSA Form 1315A, Solicitation Provisions

10. GSA Form 3517, General Clauses

AMENDMENTS TO THE RLP (APR 2011)

This RLP may be amended by notice from the RPLO. Amendments may modify the terms of this RLP, or the terms, conditions, and requirements of the Lease contemplated by the RLP (including the Agency Special Requirements).

RLP PROVISIONS INCORPORATED BY REFERENCE (APR 2011)

This RLP incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. All dollar thresholds set forth below refer to Total Contract Value, or the total of all gross rental payments to be made during the initial term of the Lease plus any options. Upon request, the RPLO will make their full text available or the full text of a solicitation provision may be accessed electronically as GSA Form 3516A at: http://www.gsa.gov/leasingform.

A. FAR 52.203-2, CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

B. FAR 52.203-11, CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007) (Applicable to leases exceeding $100,000)

C. FAR 52.204-3, TAXPAYER IDENTIFICATION (OCT 1998)

D. FAR 52.204-6, DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008) (Applicable to leases exceeding the micro-purchase threshold)

E. FAR 52.215-5, FACSIMILE PROPOSALS (OCT 1997) (Applicable only if facsimile proposals are authorized.)

F. FAR 52.219-24, SMALL DISADVANTAGE BUSINESS PARTICIPATION PROGRAM—TARGETS (OCT 2000) (Applicable to leases exceeding $550,000)

G. FAR 52.222-22, PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1994) (Applicable to leases exceeding $10.000)

H. FAR 52.22224, PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) (Applicable to leases exceeding $10 million)

I. FAR 52.222-25, AFFIRMATIVE ACTION COMPLIANCE (APR 1984) (Applicable to leases exceeding $10,000)

J. FAR 52.2332, SERVICE OF PROTEST (SEP 2006)

K. GSAR 552.2703, PARTIES TO EXECUTE LEASE (SEP 1999)

L. GSAR 552.219-72, PREPARATION, SUBMISSION, AND NEGOTIATION OF SUBCONTRACTING PLANS (JUN 2005) (Applicable to leases over $500,000 if RLP requires submission of the subcontracting plan with initial offers.)

M. GSAR 552.219-73, GOALS FOR SUBCONTRACTING PLAN (JUN 2005) (Applicable to leases over $500,000 if RLP does not require submission of the subcontracting plan with initial offers.)

N. 52.222-24, PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) (Applicable to leases over $10,000,000.)

O. 52.233-3 PROTEST AFTER AWARD (AUG 1996)

LEASE DESCRIPTION (APR 2011)

Offerors are encouraged to examine carefully 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.

The Lease contemplated by this RLP is included in the RLP documents, and includes:

Should the Offeror be awarded the Lease, the terms of the Lease will be binding upon the Lessor without regard to any statements contained in this RLP. Notwithstanding the foregoing, the following is provided to assist Offerors in understanding the nature of the Lease.

The Lease contemplated by this RLP is a fully serviced Lease to include all real estate taxes, operating costs, security upgrade costs and a Tenant Improvement Amount. Rent will be based upon a proposed rental rate per rsf, and the maximum ABOA square feet solicited under this RLP.

Although certain TI requirements information is provided with this RLP and will be incorporated into the Lease, the TI to be delivered by the Lessor will be based upon agency interior buildout requirements to be supplied after award of the Lease. The Lessor will be required to design and build the TI and will be compensated for the TI costs that it incurs, together with design and project management fees to be set under the Lease. Although the TI requirements will not be developed fully until after award, Offerors are encouraged to provide an allowance that will be sufficient to cover the anticipated TI costs so as not to hinder timely completion. 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 tenant improvement costs resulting from use of existing improvements.

After award, the Lessor must prepare Design Intent Drawings (DIDs) for the leased space conforming to the ASRP. The Government will have the opportunity to review the Lessor's DIDs to determine that the Lessor's design meets the requirements stated in the Lease. Only after the Government approves the DIDs and a final price for TIs is negotiated will the Lessor be released to proceed with buildout. The Lease also provides that the Government may modify the Tenant Improvement requirements, subject to the Lessor's right to receive compensation for such changes.

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. During the term of the Lease, rent will be adjusted for changes to the Lessor's operating costs and real estate taxes, pursuant to clauses set forth in Section 2 of the Lease.

Finally, Offerors should understand that doing business with the Government carries special responsibilities with respect to sustainability, fire 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 attached Form 3517B, which will be part of the Lease.

RELATIONSHIP OF RLP BUILDING MINIMUM REQUIREMENTS AND LEASE OBLIGATIONS (APR 2011)

The Lease establishes various requirements relating to the building shell; such requirements are not deemed Tenant Improvements. Certain of these 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 Lessor will be required 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.

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.

GSAR 552.2709 INSPECTION—RIGHT OF ENTRY (APR 2011)

A. At any time and from time to time after receipt of an offer (until the same has been duly withdrawn or rejected), after acceptance thereof and during the term, the agents, employees and contractors of the Government may, upon reasonable prior notice to Offeror or Lessor, enter upon the offered premises 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 or Lessor with the requirements of the solicitation or this lease, 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 premises 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 clause 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 clause is to promote the ease with which the Government may inspect the building. Nothing in this clause shall act to relieve the Lessor of any duty to inspect or liability which might arise because of Lessor's failure to inspect for or correct a hazardous condition.

AUTHORIZED REPRESENTATIVES (APR 2011)

With respect to all matters relating to this RLP, only the Government's RPLO designated below shall have the authority to amend the RLP and award a Lease.

As to all other matters, Offerors may contact the Government Contact designated below.

Government Contact:

Terry L. Sarazin, Contract Specialist USDA/NRCS, 6200 Jefferson St NE, Albuquerque, NM 87109 505-761-4412 505-761-4493 terry.sarazin@nm.usda.gov

Real Property Leasing Officer:

Bridget B. Howell, Real Property Leasing Officer USDA/NRCS, 6200 Jefferson St NE, Albuquerque, NM 87109 bridget.howell@nm.usda.gov

THIS SPACE LEFT INTENTIONALLY BLANK

ELIGIBILITY AND PREFERENCES FOR AWARD

Efficiency of Layout (APR 2011)

A. In order to be acceptable for award, the offered space must be susceptible to efficient layout.

B. To demonstrate potential for efficient layout, the Government 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.

FLOOD PLAINS (SIMPLIFIED) (APR 2011)

A lease will not be awarded for a property located within a base flood plain unless the Government has determined it to be the only practicable alternative.

[All Regions Other than Regions 8, 9, and 10, use the following provision.]

ACTION REQUIRED: if only soliciting new construction locations, you must use only the seismic safety FOR new construction paragraph in the design, construction, and other post-award activities section of the RLP.

[action required: All Regions Other than Regions 8, 9, and 10, use the first seismic safety provision. AND DELETE THE SECOND VERSION.] Mandatory for all leases when any of the following conditions apply: (1) Is over 10,000 square feeT, and Has government occupancy over 50%.

SEISMIC SAFETY (REGIONS OTHER THAN 8, 9, and 10) (APR 2011)

A. All offers received in response to this RLP will be evaluated to determine whether the offers fully meet National Institute of Standards and Technology (NIST) NISTIR 5382, Interagency Committee on Seismic Safety in Construction (ICSSC) RP 4, Standards of Seismic Safety for Existing Federally Owned or Leased Buildings, as modified below. If any offers are received that fully meet seismic safety requirements, other offers that do not fully meet these requirements will not be considered. If no offers are received that fully meet seismic safety requirements, only offers that substantially meet seismic safety requirements will be considered. If no offers are received that fully or substantially meet seismic safety requirements, the Government may elect to make no lease award.

B. “Fully meet” as used herein with regard to the seismic safety requirements means that the Offeror has provided a written certification (example available for the RPLO) with the initial offer, from a licensed structural engineer certifying that both the building design and construction are in full compliance with the life-safety performance level of NISTIR 5382, ICSSC RP 4, Standards of Seismic Safety for Existing Federally Owned or Leased Buildings, AS MODIFIED HEREIN:

1. FEMA178, NEHRP Handbook for the Seismic Evaluation of Existing Buildings, will be replaced with FEMA310, Handbook for the Seismic Evaluation of Buildings: A Prestandard.

2. Section 1.3.1, Post-Benchmark Buildings (Table 1: Advisory Benchmark Years) will be replaced with the table below.

FEMA

178[footnoteRef:1] [1: The 15 common building types as they are defined in FEMA-178.

BOCA—Building Officials and Code Administrators, National Building Code.

SBCC—Southern Building Code Congress International, Standard Building Code.

UBC—International Conference of Building Officials, Uniform Building Code.

ANSI—American National Standards Institute, A58.1, Minimum Design Loads for Buildings and Other Structures.

NEHRP—Recommended Provisions for the Development of Seismic Regulations for New Buildings and Other Structures, Federal Emergency Management Agency

3. Section 1.3.2, Leased Buildings, shall be revised as follows:

4. FEMA310, Handbook for the Seismic Evaluation of Buildings: A Prestandard, can be obtained at www.degenkolb.com/0_0_Misc/0_1_FEMADocuments/fema310/prestnd.html.

5. NISTIR 5382, ICSSC RP 4, Standards of Seismic Safety for Existing Federally Owned or Leased Buildings, can be obtained from the Building and Fire Research Laboratory, National Institute of Standards and Technology, Gaithersburg, MD 20899, or at http://.fire.nist.gov/bfrlpubs/build94/PDF/b94037.pdf

C. "Substantially meets" as used herein with regard to the seismic safety requirements will be determined by the Government based upon the Offeror’s evaluation by a licensed structural engineer that specifically describes all exceptions to full compliance with the Model Building Seismic Design Provisions as shown in the Benchmark Buildings table above. The Offeror shall evaluate the building by using FEMA310 and shall identify all deficiencies. Documentation of this evaluation shall be made available to the Government.

USE THIS ALTERNATE FOR REGIONS 8, 9, AND 10

GSAR 552.270-2 HISTORIC PREFERENCE (APR 2011)

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 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 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.

3. “Historic property” means any prehistoric or historic district, site, building, structure, or object included in or been determined eligible for inclusion in the National Register of Historic Places 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. The RPLO has discretion to accept alternatives to certain architectural characteristics and safety features defined elsewhere in this RLP 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 square foot (SF) (ANSI/BOMA Office Area (“ABOA”)) 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 SF (ABOA) 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 contract for the actual prices proposed by the successful Offeror and accepted by the Government.

G. To qualify for a price evaluation preference, Offerors 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.

ASBESTOS (APR 2011)

A. Offers are requested for 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 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.

FIRE AND LIFE SAFETY, ACCESSIBILITY (APR 2011)

The Lease contemplated by this RLP contains building requirements for Fire and Life Safety and Accessibility. In order to be eligible for award, Offerors must either:

A. Verify in the Lease proposal that the building in which space is offered meets the Lease requirements, or

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

SECURITY (APR 2011)

The Lease contemplated by this RLP contains building requirements and other obligations relating to Security. Reference the paragraph titled ‘List of RLP Documents” for any additional security requirements. In order to be eligible for award, the Offeror shall provide a Pre-Lease Building Security Plan with its offer that addresses its compliance with the Lease Security Requirements.

ENERGY INDEPENDENCE AND SECURITY ACT (MAY 2011)

A. The Energy Independence and Security Act (EISA) establishes requirements for Government leases relating to energy efficiency standards and potential cost effective building system improvements.

B. Unless one of the statutory exceptions listed in paragraph C applies, the Government 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. All new buildings being specifically constructed for the Government must achieve an ENERGY STAR® Label within 18 months after occupancy by the Government.

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 in the delineated area that meets RLP requirements, including location 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 rentable square feet 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 space 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)/Energy Monitoring/Management 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.”

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/bldgmanual) and Building Upgrade Value Calculator (http://www.energystar.gov/financial evaluation) 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.

HOW TO OFFER

GENERAL INSTRUCTIONS (APR 2011)

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

TYPE IN APPROPRIATE TIME AND PLACE FOR RECEIPT OF OFFERS

RECEIPT OF OFFERS (APR 2011)

A. All original offers, including all required documents, must be submitted to the Contracting Officer at the address below. Documents must be properly executed and submitted no later than 4:00 PM, Mountain Time on October 7, 2011. Email and Facsimile Offers will not be accepted.

USDA – NATURAL RESOURCES CONSERVATION SERVICE

6200 JEFFERSON STREET NE, SUITE 305

Attn: TERRY L. SARAZIN, CONTRACTING OFFICER

ALBUQUERQUE, NM 87109

B. Offers sent by United States mail or hand delivered (including delivery by commercial carrier) shall be deemed timely if delivered to the address of the office designated for receipt of offers on or before the date and time established for receipt of offers.

C. 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

Pricing terms (APR 2011)

Offeror shall submit to the Contracting Officer (CO) the following documents:

A. GSA Form 1364C, Proposal to Lease Space. Complete both pages of the 1364C, including, but not limited to:

1. A fully serviced lease rate per ABOA and RSF, clearly itemizing both the total building shell rental, and Tenant Improvement (TI) rate, Specific Amortized Security rate, Operating Costs, Building, 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 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 ABOA and rentable square foot (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 1364C, Proposal to Lease Space, and Form 1217) for ABOA and RSF, respectively.

4. The annual amortized cost of the TI Amount. Such amortization shall be expressed as a cost per ABOA and RSF per year. This shall be all alterations for the Government-demised area above the building shell buildout. Such alterations shall be described and identified in the drawings used to construct the Government-demised area. The TI Amount, which is to be provided by the Lessor to the Government for TI, shall be made available at lease execution. If the Lessor chooses to amortize the TI for a period exceeding the firm term of the lease, the Lessor shall indicate the extended time in the offer.

5. The annual amortized cost of the Building Specific Amortized Security, if any. Such amortization shall be expressed as a cost per ABOA and RSF per year. Refer to the Lease Security Standards section in the lease and the Building Security Unit Cost List. Note: A separate list of items proposed and their costs shall be attached to the GSA Form 1364C.

6. A fully serviced lease rate per ABOA and RSF for that portion of the lease term extending beyond the firm term. The rate proposed for this portion of the term shall not reflect any TI as they will have been fully amortized over the firm term.

7. An hourly overtime rate for overtime use of heating and cooling. NOTE: Refer to the lease document for additional guidance.

8. Adjustment for Vacant Leased Premises. NOTE: Refer to the lease document for additional guidance.

B. Statement of Offeror’s Fees for Tenant Improvements. Provide a listing of Offeror’s proposed project management fee and A/E design costs to prepare construction documents to complete the Tenant Improvements on form 1364C. State the basis for determining each component, (e.g. flat fee, cost per RSF, etc.). State any assumptions used to compute the dollar costs for each fee component.

C. Indicate any rent concessions being offered either on the GSA Form 1364C Proposal to Lease Space or in separate correspondence.

D. GSA Form 1217, Lessor’s Annual Cost Statement. Column A of the GSA Form 1217, Line 31(a) will be used to reflect any agreement…