2 RLP AG-8C30-S-12-0001.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 Mountainair, New Mexico

Initial offers are due by 4:00 PM MST on January 27, 2012 and shall remain open until lease award.

SUBMIT QUESTIONS AND OFFERS TO:

TERRY L. SARAZIN, REAL PROPERTY LEASING OFFICER

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-12-0001 GSA FORM R101C (SEPTEMBER 2011)

(NRCS Rev. #1 11/01/2011)

INSTRUCTIONS FOR CREATING LEASE AND Request for Lease Proposals (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.

THIS TEMPLATE WAS UPDATED AS OF THE DATE SHOWN IN THE HEADER. THE DATE WILL NOT PRINT IF YOU TURN OFF THE HIDDEN TEXT PER THE INSTRUCTIONS BELOW. THE MOST UP-TO-DATE LEASE REFORM TEMPLATES ARE LOCATED ON THE LEASE REFORM QUICKR WEB SITE. THE WEB SITE ALSO SUMMARIZES REVISIONS FROM PREVIOUS TEMPLATE EDITIONS.

TO REVEAL HIDDEN TEXT IN THE DOCUMENT—

1. CLICK ON THE MSWORD LOGO AT THE TOP OF THE COMPUTER SCREEN (FAR LEFT).

2. CLICK ON “WORD OPTIONS” AT THE BOTTOM OF THE SCREEN.

3. CLICK ON “DISPLAY” IN THE LEFT-HAND COLUMN OF THE SCREEN.

4. IN THE RIGHT-HAND COLUMN, UNDER “ALWAYS SHOW THESE FORMATTING MARKS ON THE SCREEN,”—IF THERE IS NO CHECKMARK IN THE “HIDDEN TEXT” BOX—CLICK ON THE “HIDDEN TEXT” BOX. NOTE: A CHECKMARK WILL APPEAR IN THE BOX.

5. CLICK ON “OK.” TO CLOSE OUT THE WORD OPTIONS SCREEN.

TO TURN OFF HIDDEN TEXT: FOLLOW INSTRUCTIONS (A) THRU (D), 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 RED Xs, A DOLLAR SIGN ($) FOLLOWED BY UNDERSCORING, OR EMPTY UNDERSCORING (_______), INPUT THE REQUIRED INFORMATION.

TO DELETE AND MODIFY CLAUSES AND PARAGRAPHS—*

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

TO DELETE A CLAUSE—

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

2. CLICK ON THE DELETE KEY TO DELETETHE TEXT

3. YOU HAVE A CHOICE REGARDING THE TITLE. YOU MAY EITHER STRIKE THROUGH THE TITLE AND ADD THE WORDS “INTENTIONALLY DELETED” AFTER THE STRICKEN TITLE, OR YOU MAY DELETE THE TITLE AND REPLACE IT WITH “INTENTIONALLY DELETED.” IN EITHER CASE, LEAVE THE CLAUSE NUMBER INTACT SO THE CLAUSE NUMBERING WILL REMAIN THE SAME FOR THE CLAUSES THAT FOLLOW.

4. TO STRIKE THROUGH THE TITLE, USING YOUR CURSOR, CAREFULLY SELECT (DRAG YOUR CURSOR OVER) THE CLAUSE TITLE. (NOTE: DO NOT SELECT THE CLAUSE NUMBER.) CLICK ON THE “STRIKETHROUGH” KEY (abc). THEN PLACE THE CURSOR TO THE RIGHT OF THE STRUCK-OUT CLAUSE TITLE AND TYPE “INTENTIONALLY DELETED.” NOTE: THE TEXT WILL BE DELETED AND THE CLAUSE NUMBER AND STRUCK-OUT TITLE WILL REMAIN.

EXAMPLE: 2.05 OPERATING COST ADJUSTMENT INTENTIONALLY DELETED

5. ALTERNATELY, YOU MAY DELETE THE TITLE ALTOGETHER. USING YOUR CURSOR, CAREFULLY SELECT (DRAG YOUR CURSOR OVER) THE CLAUSE TITLE. OVERTYPE THE WORDS “INTENTIONALLY DELETED”

EXAMPLE:: 2.05 INTENTIONALLY DELETED

TO DELETE A PARAGRAPH—

1. USING YOUR CURSOR, CAREFULLY SELECT THE PARAGRAPH TEXT. (NOTE: DO NOT SELECT THE PARAGRAPH NUMBER, LETTER, OR TITLE, IF ANY.) DELETE THE TEXT BY CLICKING ON THE “DELETE” KEY.

2. PLACE THE CURSOR WHERE THE TEXT WAS AND TYPE “THIS PARAGRAPH WAS INTENTIONALLY DELETED” .

ALL PARAGRAPHS ARE STANDARDIZED AND MANDATORY UNLESS OTHERWISE NOTED IN THE HEADING

“ACTION REQUIRED.” IF IT IS DETERMINED TO MODIFY A CLAUSE, TAKE THE FOLLOWING STEPS:

TO MODIFY ALL OR PART OF A CLAUSE, INCLUDING PARAGRAPHS—

1. GO TO THE LAST SECTION OF THIS LEASE TITLED "ADDITIONAL TERMS AND CONDITIONS"

2. CREATE A LIST OF “MODIFIED CLAUSES” WITH THE HEADING: “THE FOLLOWING CLAUSES HAVE BEEN MODIFIED IN THIS LEASE:”

3. SELECT AND COPY THE MODIFIED CLAUSE TITLE AND CLAUSE NUMBER).

4. GO TO THE END OF THE LAST CLAUSE AND CLICK ON YOUR MOUSE TO PLACE THE CURSOR BELOW THE LAST ENTRY).

5. PASTE (CTRL+V) THE TITLE YOU JUST COPIED.

6. MAKE YOUR CHANGES, ADDITIONS, DELETIONS, ETC., TO THE CLAUSE IN ITS ORIGINAL LOCATION IN THE DOCUMENT.

7. SAVE YOUR CHANGES.

TO UPDATE THE “TABLE OF CONTENTS” AND “PAGE REFERENCES” WHEN YOU ARE FINISHED REVISING A DOCUMENT:

1. GO TO AND CLICK IN THE TABLE OF CONTENTS.

2. RIGHT CLICK TO VIEW DROP-DOWN WINDOW.

3. FROM THE DROP-DOWN MENU, CLICK ON “UPDATE FIELD.”

4. CLICK ON “UPDATE ENTIRE TABLE.” NOTE: TABLE WILL UPDATE ANY HEADINGS THAT WERE CHANGED DURING THE REVIEW. NOTE: YOU SHOULD VERIFY ONE OR TWO CHANGES TO CONFIRM THE TOC WAS UPDATED.PROPERLY

*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).

RLP NO. AG- 8C30-S-12-0001 GSA FORM R101C (SEPTEMBER 2011)

(NRCS Rev. #1 11/01/2011)

TABLE OF CONTENTS

THIS SPACE LEFT INTENTIONALLY BLANK

RLP TABLE OF CONTENTS GSA FORM R101C (AUGUST 2011)

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.

1.02 LEASE TERM

Lease Term is 15 years.

0. TERMINATION RIGHTS (AUG 2011)

The lease term is for fifteen (15) years, with termination rights after five (5) years. After the fifth year the Government may terminate this Lease, in whole or in part by providing not less than 90 days’ prior written notice to the Lessor. All the terms and conditions contained herein shall prevail throughout the term of the lease. The effective date of the termination shall be the day following the expiration of the required notice period or the termination date set forth in the notice, whichever is later. No rental shall accrue after the effective date of termination.

The Government’s penalty for full or partial termination of severable space shall be a lump sum payment of the remaining principle for Tenant Improvements (TI) and Building Specific Security (BSS) for the square footage being terminated. In addition the Government agrees to pay a lump sum amount for lost rent in the amount equal to the six months rent for the square footage being terminated less the calculations above for TI & BSS. The lump sum amount shall be based on calculations from the GSA Form1364C, Line 12 & 13, column (a) as submitted with the Lessor’s Final Proposal Revisions (Best & Final Offer) or as approved by the Real Property Leasing Officer.

Vacated non-severable space shall be covered under the Lease in accordance with Paragraph 1.13, Rate For Adjustment For Vacant Leased Premises (AUG 2011).

AMOUNT and type of space (APR 2011)

A. The Government is seeking a minimum of 1,300 and a maximum of 1,550 contiguous Usable Office Square Footage (ABOA) and a maximum of approximately 1,800 Rentable Square Footage (RSF). See Section 2 of the Lease for applicable ANSI/BOMA standards.

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

b) Open space = 450 USF (3 cubicles)

c) Mail/Storage/Equipment = 400 USF

d) Break Room/Client = 150 USF, Shall include ADA/ABAAS accessible counter/sink

e) Conference Room = 300 USF

f) IT Requirements:

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

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 4 secure parking spaces for government vehicles and 10 general parking for employees and visitors for a total of 14 spaces. One out of the 14 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.

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 Mountainair, 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 Town of Mountainair city limits and beyond those limits by one and a half (1½) 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)

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 129 RSF (based on 1,800 RSF) of Government-demised area, or as determined by the Contracting Officer.

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.

5. 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.

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:

DOCUMENT NAME

Lease No. GS-XXX-XXXXX (Form L201-C)

Proposal to Lease Space (GSA Form 1364C)

GSA Form 1217, Lessor's Annual Cost Statement

Building Security Unit Price List

Agency Specific Requirements, Dated X

Additional Security Requirements

GSA Form 3516A Solicitation Provisions

GSA Form 3517B General Clauses

GSA Form 3518 Representations and Certifications

GSA Form 12000 for Pre-lease Fire Protection and Life Safety Evaluation for an Office Building (Part A or Part B)

Pre-Lease Building Security Plan

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 Specific Requirements).

LEASE DESCRIPTION (Aug 2011)

Offerors 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.

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. Rent will be based upon a proposed rental rate per rentable square foot (RSF), limited by the offered rate and the maximum ABOA square feet solicited under this RLP. Although certain Tenant Improvements (TI) requirements information is provided with this RLP and will be incorporated into the Lease, the TIs to be delivered by the Lessor will be based upon Agency Specific Requirements to be supplied after award of the Lease. The Lessor will be required to design and build the TIs 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 shall provide the allowance stated in the Tenant Improvement Allowance clause of 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.

Unless the Government prepares Design Intent Drawings (DIDs), after award the Lessor must prepare DIDs for the leased space conforming to the Agency Specific Requirements. The Government will have the opportunity to review the Lessor's DIDs to determine that the Lessor's design meets the requirements of the Lease. Only after the Government approves the DIDs and a final price for TIs is negotiated will the Lessor be released to proceed with build out. 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 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 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 space is offered 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 (Aug 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. The Government shall have the right to substitute its RPLO without notice or express delegation by the prior RPLO.

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:

Real Property Leasing Officer:

Terry L. Sarazin, Real Property Leasing Officer:

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

Alternate:

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

ACTION REQUIRED: INCLUDE THIS CLAUSE ONLY IF THE BROKER CONTRACT WAS USED.

BROKER COMMISSION AND COMMISSION CREDIT (APR 2011)

“THIS CLAUSE INTENTIONALLY DELETED”

ELIGIBILITY AND PREFERENCES FOR AWARD

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 RPLO.

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 (APR 2011)

An award of contract will not be made 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 demised 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 Contracting Officer may, in its sole discretion, determine that the offered property does not adequately avoid development in a 100-year floodplain.

SEISMIC SAFETY (Locations in GSA REGIONS OTHER THAN 8, 9, and 10) (Aug 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, RPLO 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 from 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:

a. Buildings leased by the Federal Government are exempt from these standards if both of the following apply:

4. FEMA310, Handbook for the Seismic Evaluation of Buildings: A Pre-standard, 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.

Action required: Locations in GSA regions 8,9 & 10 use this clause and delete the preceding Seismic clause intended for other regions SEISMIC SAFETY (locations in gsa REGIONS 8, 9, and 10) (APR 2011)

“THIS CLAUSE INTENTIONALLY DELETED”

ACTION REQUIRED: MAY BE DELETED AT LCO DISCRETION WHEN MARKET SURVEY INDICATES THAT SPACE IS NOT AVAILABLE IN HISTORIC properties.

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 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 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.

ACCESSIBILITY (Aug 2011)

The Lease contemplated by this RLP contains building requirements for 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.

FIRE protection AND LIFE SAFETY (aug 2011)

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, Offerors must either:

SECURITY (APR 2011)

The Lease contemplated by this RLP contains building requirements and other obligations relating to Security. This New Mexico USDA Service Center have been evaluated based on the ISC Facility Security Level Determination Matrix and it has been determined the following Level 1 security requirements are sufficient for this facility.

Level 1 Security Requirements:

b. Programmable Cipher or Key Card entry lock system for all lockable doors as specified in this solicitation.

c. The following minimum levels of lighting are required, except where local codes conflict: 5 foot-candles for doorway areas, 3 foot-candles for transition areas (including stairwells), and at least one (1) foot-candle overlapping through the lot. The intent is to provide adequate lighting at entrances/exits, garages, parking lots or other adjacent areas to the building to discourage “crimes against persons”. (Backup generators are not required)

d. Manual or electronic gate(s) for the secure parking area or as approved by the RPLO.

e. Mirrored type tinting to be on all clear glass windows or as approved by the RPLO.

f. Prevent unauthorized access to Utility Areas: Utility areas must be secure and only authorized personnel shall have access.

g. Prevent Public Access to Mechanical Areas and building roofs

h. Restrict Access to building information – including mechanical, electrical, vertical transport, fire and life safety, security system plans and schematics, computer automations systems, and emergency operations procedures

– shall be strictly controlled.

i. The government reserves the right, at its own expense and manpower, to temporarily heighten the security in and around the building in heightened security conditions as published by Homeland Security Advisory System.

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 and a cost breakdown for lines a – f above.

ENERGY INDEPENDENCE AND SECURITY ACT (AUG 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 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 12 months prior to the due date for 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 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 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.”

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/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.

I. All new buildings being specifically constructed for the Government must achieve the ENERGY STAR® Label within 18 months after occupancy by the Government.

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.

ACTOIN REQUIRED: ENTER APPROPRIATE INFORMATION

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.

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 December 27, 2011. Email and Facsimile Offers will not be accepted.

USDA – NATURAL RESOURCES CONSERVATION SERVICE

6200 JEFFERSON STREET NE, SUITE 305

Attn: TERRY L. SARAZIN, REAL PROPERTY LEASING OFFICER:

ALBUQUERQUE, NM 87109

C. 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.

D. Offerors delivered through any means authorized by the RLP may be also deemed timely if there is a acceptable evidence to establish that it was are received at the Government installation designated for receipt of proposals and was under the Government’s control prior to the time set for receipt of proposals; or if it was the only proposal received.

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

Pricing terms (AUG 2011)

Offeror shall provide the following pricing information with its offer:

A. GSA Form 1364C, Proposal to Lease Space. Complete all sections 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, Building Specific Amortized Security 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 build ut, 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…