Complete Package - SLP 24-259.pdf

FOR OFFICIAL USE ONLY

SLP #24-259

Solicitation for Lease

Proposals (SLP)

THE UNITED STATES GOVERNMENT

HAS A REQUIREMENT FOR

APPROXIMATELY 2.53 ACRES OF

USABLE STORAGE SITE

WITHIN POINT PLEASANT, WEST VIRGINIA

NAME: KIMANI MCRAE

TITLE: REALTY SPECIALIST

TABLE OF CONTENTS

1.0 Project Summary

1.1 General Provisions

1.2 Lease Authority

1.3 Project Overview / General Requirements

1.4 Amount, Location and Type of Space

1.5 Sequence of Events to Lease

1.6 Lease Term

1.7 Site Security and Minimum Requirements for Work at the Facility

2.0 Submission

2.1 Overview of Evaluation and Selection Process

2.2 Description of Evaluation Factors

3.0 Offeror Submissions

3.1 Clarifications

3.2 Submission Requirements

3.3 Written Submission Requirements

3.4 Review of Offers and Award

3.5 Non Publicity / Security

3.6 Notifications

4.0 Documents Referenced within or Related to the SLP

4.1 Attachments

The Following Documents are attached and are made a part of this SLP:

1. U.S. Army Corps of Engineers Lease Document and General Clauses

2. Offeror’s Financial Terms Summary Worksheet

3. Offeror’s General Building Information Summary Worksheet

1.0 PROPOSED PROJECT SUMMARY

1.1 General Provisions

A. Unless otherwise noted, all obligations and references to “provide” and “install” shall be the sole responsibility of the Offeror/Lessor.

B. All references made to “number of days” in this SLP to square feet shall mean calendar days not work days.

C. Unless otherwise noted, all references in this SLP to square feet shall mean Usable

Square Feet (USF).

D. “Offeror” and “Lessor” are used interchangeably throughout this SLP.

E. Unless otherwise noted, “Facility” shall mean the site and all improvements thereupon (such as the Building, parking, internal roads, fences, etc.).

1.2 Lease Authority

A. The United States Government may enter into a lease using the authorities and subject to limitations and provisions of 10 U.S.C. 2663(c).

B. This SLP and award of Lease is subject to the following:

1. Subject to adequate appropriations being made available for Lease costs;

2. Government Convenience. This SLP may be withdrawn or cancelled at any time at the convenience of the Government;

3. Offeror’s acceptance and agreement to terms and conditions of USACE Lease;

4. Any proposed changes to the Government’s Lease, as a condition of or in conjunction with the Offeror’s proposal, may result in Offeror being deemed nonresponsive to the solicitation;

5. Lease scores as “Operating” in accordance with OMB Circular A-11 (2016);

6. Building Ownership is restricted to U.S. Companies;

7. Successful Offeror will be required to register in the System for Award

Management (SAM) central contractor registration site via www.sam.gov;

8. Other criteria as included within the SLP.

(See Attachment 1 for standard USACE Lease terms and conditions).

http://www.sam.gov/

1.3 Project Overview / General Requirements

A. The United States Government (“USG”) is interested in leasing the following space requirements:

1. Approximately 2.53 acres (110,207 USF) of land consisting of open storage sites.

2. Use of a 200 ton truck/rail scale and scale house.

3. Available restroom for personnel.

4. Site should be in compliance with all Army Antiterrorism and Force Protections guidelines.

B. Offeror proposals must be valid through 25 October 2024.

1.4 Amount, Location and Type of Space

A. The land must be at least 2.53 acres (110,207 USF) of industrial space.

B. The land must be within 10 miles of Point Pleasant, West Virginia.

C. Parking: Lessor shall provide the Government with a minimum of 2 parking spaces.

D. Lessor must allow for ingress and egress rights for large vehicles.

1.5 Sequence of Events to Lease and Written Notification

A. The purpose of this procurement is to select the most qualified Offeror in conformance with the SLP using the Evaluation Factors outlined herein. The Government will issue a written notice to the successful Offeror, and upon receipt of all necessary approvals the Government will begin to finalize a lease agreement for the required space.

B. The written notice will include the following:

1. Statement of Government’s intent to award a lease subject to any remaining prerequisites and necessary approvals.

2. Lessor’s acknowledgement of acceptance of the form and terms and conditions of the USACE lease.

3. Reference to the forms, Attachments and Exhibits anticipated being included in the Lease. The Offeror may assume that the Lease will include all the Attachments and Exhibits (modified as required) used by USACE as further outlined herein and shown in the attached Lease template.

C. Lease Acquisition Project Planning Calendar

Note: all dates approximate and subject to change at the discretion of the Government.

1.6 Lease Term

A. Subject to compliance with OMB lease scoring rules, the lease term shall be for a one-year base term plus four (4) one-year option renewal terms, as set forth below:

This lease shall be for a one-year base term plus four one-year option renewal terms.

The lease will be renewed from year to year for four (4) additional one (1) year periods, for a total of five (5) one (1) year periods, provided that the Government gives the Lessor ninety (90) days written notice and provided further that adequate appropriations are available from year to year for the payment of rentals. The Government shall have no further liability for the period following the effective date of termination.

B. Rental shall be structured as a Fully Serviced Lease. Rent shall be composed of

“Base Rent” and “Additional Rent” for O&M Expenses.

1.7 Site Security and Minimum Requirements for Work at the Facility

A. Offeror must comply with Specific Security provisions as shown in Lease.

B. All workers performing construction/fit-up services within the subject lease space must be legal residents of the United States.

C. All workers performing services for the Government in the subject lease space upon

BOD and occupancy by the Government’s using Agency.

D. Must be U.S. Citizens.

E. Must pass a fingerprint-based check of state and national arrests and fugitive files in order to be granted access.

Action Date(s) Notes Request for Lease Proposals Issued 5/24/2024

Deadline for response to SLP 6/24/2024 Proposal submission to USACE by

COB (1700 EDT)

Notification of Award or non-Award to all Offerors 7/15/2024 via email

Lease Execution 10/15/2024 Current lease expires 25 Oct 2024

2.0 SUBMISSION REQUIREMENTS AND TECHNICAL EVALUATION FACTORS

2.1 Overview of Evaluation and Selection Process

A. This procurement and evaluation process and factors herein reflect a Source

Selection Plan (“SSP”) approved by the Government’s Source Selection Authority (“SSA”) for this procurement. This SSP defines the Government’s approach for selecting a qualified lease facility and Lessor to provide and maintain a facility via a leasehold arrangement with the Government. It serves to ensure a thorough, fair, equitable, and unbiased evaluation of each Offeror’s proposal is conducted. Only the evaluation factors listed herein will be used in the evaluation of the Offer.

B. The Government will award to the responsible Offeror whose proposal represents the lowest Net Present Value (NPV) cost per Usable Square Foot (USF) (defined as the cumulative NPV of five (5) year cost of Rent, inclusive of Base Rent, the additional rental costs for Real Estate proposed facility) to the Government for a building(s) that are technically acceptable. The Government will issue a written notice to the selected Offeror and Government will execute the lease(s) agreement for the required space(s).

If agreement on the lease cannot be reached, the Contracting Officer will authorize the Government’s Realty Specialist to begin finalizing a lease with the next lowest cost, technically acceptable Offeror. All actions will be reviewed and approved by the Government’s Real Estate Contracting Officer.

2.2 Description of Evaluation Factors

The evaluation factors to determine acceptability are as follows:

A. Technical

Factor 1: Space: The space must be approximately 2.53 acres (110,207 USF) of industrial space to stockpile materials. Use of 200 ton truck/rail scale and scale house.

An on-site restroom must be available for use by personnel. At least two (2) on-site parking spaces should be available for personnel.

Factor 2: Location: The proposed lease space must be within the boundaries of the City of Point Pleasant, West Virginia.

Factor 3: Access: The Offeror shall propose space that will be accessible 24 hours a day, 7 days a week (24/7). Proposals received for space which do not meet this requirement will not be evaluated and will not receive any further consideration for this SLP. (ACCEPTABLE / UNACCEPTABLE Factor).

FOR OFFICIAL USE ONLY

B. Cost

Factor 1: Cost to Government: Cost to Government for each proposal will be the total NPV cost per usable square foot (USF) calculated as follows:

1. Total Base Rent for a 5-year period net of any additional rental abatement beyond BOD.

2. Plus the total of select O&M Costs for same period (separately reimbursable general costs).

3. The NPV shall be calculated as the sum of 1 and 2 above utilizing the discount factor as prescribed by OMB Circular No. A-11 (2018) (Appendix B – Budgetary Treatment of Lease-Purchases and Leases of Capital Assets).

4. The total NPV cost per USF shall be calculated as the total NPV determined in 3 above divided by the USF.

3.0 SUBMISSION REQUIREMENTS

3.1 Request for Information (RFI)

Questions pertaining to the SLP shall be directed to Kimani McRae by email at kimani.mcrae@usace.army.mil.

3.2 Submission Requirements

A. All Offers shall be in writing and submitted as follows:

• Technical Proposal (Do not include Rent or other economic factors.)

• Cost Proposal

1. Offers shall be due no later than 1700 EDT on 24 June 2024.

2. Submissions shall be delivered by email to Kimani McRae at kimani.mcrae@usace.army.mil.

B. This procurement shall be administered through the U.S. Army Corps of Engineers, Real Estate Division.

mailto:kimani.mcrae@usace.army.mil mailto:kimani.mcrae@usace.army.mil

3.3 Written Proposal Requirements

A. Offeror shall submit a Technical Proposal to include the following:

1. Offeror’s official Letter form Proposal responding to the Technical Factors listed in section 2.2.A and summarizing any additional technical terms conditions, exclusions, etc. (Do not include Rent or other economic factors).

2. Commercial listing/property information sheet or brochure to include the Plat and

Legal Description of the facility.

3. Telephone and email contact information for Leasing Representative and other

Key project team members.

4. Other Required Technical Submissions:

• Offeror shall indicate whether the leased space will have the capability of being supported by back-up power.

B. Cost Proposal Submission:

1. Letter summarizing economic terms, conditions, exclusions, etc. Proposal must affirm and expressly state that the terms of the offer are in effect through 25 October 2024.

2. Government’s Financial Terms Summary Worksheet (completed).

3.4 Review of Offers and Award

A. The Government will review all offers received in accordance with the schedule for submission of offers. The Government will contact Offeror’s individually if any clarification is required on the Offeror’s submission package.

B. The Government will award to the Offeror whose proposal represents the lowest cost, technically acceptable offer to the Government on the basis of the Technical and Cost evaluation factors.

C. All proposals must be received complete by the established deadline.

3.5 Non Publicity / Security

It is a material condition of this agreement that the Lessor and its subcontractors shall comply with the security requirements of the Lease, and shall not use or allow to be used with the Lessor’s knowledge, any aspect of the Lease for publicity or advertisement.

3.6 Notifications

USACE will notify the successful Offerors via email.

FOR OFFICIAL USE ONLY

4.0 DOCUMENTS REFERENCED WITHIN OR RELATED TO THE SLP

4.1 Attachments

A. The following documents are attached and are made a part of this SLP:

1. U.S. Army Corps of Engineers (USACE) Lease Document and General Clause

2. Offeror’s Financial Terms Summary Worksheet

3. Offeror’s General Building Information Summary Worksheet

End of SLP

Lease No. DACA31-9-24-0259

LAND LEASE

For

PRIVATELY OWNED PROPERTY

LEASE

BETWEEN

AND

THE UNITED STATES OF AMERICA

1. This LEASE, made and entered into this ___ day of ________________in the year of 20___ by:

address:

and whose interest in the property is that of the owner, hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Lessee.

In consideration for RENT the parties promise and agree as follows:

2. PROPERTY: The Lessor leases to the Lessee the following described property:

as shown in Exhibit “A”, attached and made a part of this agreement, to be used for the Lessee’s purposes.

3. LEASE TERM: The Lessee shall have the right to have and to hold the said premises, or any potion thereof, for the period beginning __________________ through ____________________.

The Lessee shall have the right to renew this lease from year to year or for a lesser period of time, under the same terms, conditions and consideration provided herein. The Lessee shall provide written notice to the Lessor of the Lessee’s intent to renew this lease prior to the expiration date of the current term, provided further that the renewal of this lease is subject to adequate appropriations being made available from year to year for the payment of rentals. If

Lessee does not provide written notice to the Lessor of the Lessee’s intent to renew this lease prior to the expiration date of the current lease term, this lease will expire, with no further notice being required from Lessee, at the end of the current lease term.

4. RENTAL: The Lessee shall pay the Owner rent at the following rate: ___________ per __________ at the ________ of the month. Payment shall be made by the ______ day of the following month. Rent for a lesser period shall be prorated.

5. OWNERSHIP: The Lessor warrants that he is the rightful and legal owner of the property and has the legal right to enter into this lease. If the title of the Lessor shall fail, or it be discovered that the Lessor did not have authority to lease to the property, the lease shall terminate. The Lessor, the Lessor’s heirs, executors, administrators, successors, or assigns agree to indemnify the Lessee by reason of such failure and to refund all rentals paid.

6. EXCLUSIVE USE: The Lessor shall not interfere with or restrict the Lessee, or its representatives in the use and enjoyment of the leased property, nor shall the Lessor erect any fence, wall, partition or any construction upon the leased, property except as otherwise agreed to in writing by the Lessee.

7. TERMINATION:

a. The Lessee may terminate this lease at any time in whole or in part, by giving 90 days notice in writing to the Lessor and no rental shall be due for payment after the effective date of termination. Said notice shall be the day after the date of mailing, or hand delivery. The monthly rental shall be adjusted in proportion with the reduction of space on a Partial Termination and shall be calculated pro rata unit of measure for the remaining lease area premises.

b. Termination in whole or in part shall be effective upon written notice, however, the parties may enter into a supplemental agreement to resolve certain issues arising from the tenancy and its termination, in whole or in part.

c. The Lessor has no termination rights.

8. ALTERATIONS/RESTORATION/RELEASE OF LIABILITY:

The Lessee shall have the right, during the existence of this lease, to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which fixtures, additions, or structures, so placed in, upon or attached to the said premises shall be and remain the property of the Lessee and may be removed or left in place at the option of the Lessee. The Lessor hereby releases and forever discharges the Lessee, its officers, employees and/or contractors from any and all liability, claims or demands for site restoration of the leased premises.

9. DAMAGES: The Lessee shall not be responsible for combat or war related damages to the lease premises; the Lessee shall be liable only for damage resulting from negligence or misconduct of Lessee personnel. The Lessee shall not be liable for any loss, destruction or damage to the premises beyond the control and without the fault of negligence of the Lessee, including, but not limited to acts of nature, fire, lightning, floods, or severe weather. The parties agree that any settlement of damages by the Lessee if any, shall be done at termination of the lease.

10. PROPERTY INVENTORY: As of the starting date of this lease, a joint inventory and condition report of all personal property of the Lessor included in this lease, and also a joint physical survey and inspection report of the real property shall be made, said reports to reflect the then present condition, and to be signed on behalf of the parties.

11. TAXES: The Lessor accepts full and sole responsibility for the payment of all taxes and other charges of a public nature which may arise in connection with this lease or which may be assessed against the property. This includes registration of the lease and payment of related charges.

12. NOTICE: Any notice under the terms of this lease shall be in writing signed by a duly authorized representative of the party giving such notice, and if given by the Lessee shall be addressed to the Lessor at: ___________________________________________________ and if given by the Lessor shall be addressed to the Lessee at:

U.S. Army Corps of Engineers, Baltimore District

ATTN: CENAB-RE-M

2 Hopkins Plaza Baltimore, Maryland 21201

13. LESSOR’S SUCCESSORS: The terms and provisions of this lease and the conditions shall bind the Lessor, and the Lessor’s heirs, executors, administrators, successors, and assigns.

14. COVENANT AGAINST CONTINGENT FEES: The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or a contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty the Lessee shall have the right to annul this lease without liability or in its discretion to deduct from the lease price or consideration the full amount of such commission, percentage, brokerage, or contingent fee.

15. OFFICIALS NOT TO BENEFIT: No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this lease or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this lease if made with a corporation for its general benefit.

16. GRATUITIES:

a. The Lessee may, by written notice to the Lessor, terminate the right of the Lessor to proceed under this lease if it is found, after notice and hearing, by the Secretary of the Army or his duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Lessor, or any agent or representative of the Lessor, to any officer, or employee of the Lessee with a view toward securing a lease or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing, of such lease; provided, that the existence of facts upon which the Secretary of the Army or his duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court.

b. In the event this lease is terminated as provided in paragraph (a) hereof, the Lessee shall be entitled (i) to pursue the same remedies against the Lessor as it could pursue in the event of a breach of the lease by the Lessor, and (ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary of the Army or his duly authorized representative) which shall be not less than three nor more than ten times the costs incurred by the Lessor in providing any such gratuities to an such officer or employee.

c. The rights and remedies of the Lessee provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this lease.

17. EXAMINATION OF RECORDS: The Lessor agrees that any duly authorized representatives shall have the right until the expiration of three (3) years after final payment of the agreed rental, have access to and the right to examine any directly pertinent books, documents, papers and records of the Lessor involving transactions related to this lease.

18. MODIFICATION: No Change or modification of this lease shall be effective unless it is in writing and signed by both parties to this lease.

19. ADDITIONAL PROVISIONS:

IN WITNESS WHEREOF, the parties have subscribed their names as of the date first above written.

Witnesses: LESSOR:

(PRINTED NAME/ADDRESS OF WITNESS) (NAME OF THE LESSOR)

Witnesses: THE UNITED STATES OF AMERICA

(PRINTED NAME/ADDRESS OF WITNESS) (NAME OF OFFICIAL AUTHORIZED TO SIGN ON

BEHALF OF THE LESSEE)

(IF LESSOR IS A CORPORATION, THE FOLLOWING CERTIFICATE SHALL BE EXECUTED BY THE

SECRETARY OR ASSISTANT SECRETARY.)

I,___________________________ certify that I am the ______________________ (Assistant or) Secretary of the corporation named as Lessor in the attached lease that__________________________ (Name of Official who signed the lease) who signed said lease on behalf of the Lessor, was then (Corporation Officer, i.e. President, Vice President) of said corporation; that said lease was duly signed for and on behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

(Signature of Assistant Sec. or Secretary) (Typed Name of Assistant Sec. or Secretary)

(Corporate Seal)

Acknowledgements:

Authorized Responder's Company

Name of Authorized responder

Title of Authorized responder

Factor Response/Comments

RENT $/s.f. Additional Notes, explanations

"Base" Rental Rate $/ usf

% annual escalation if applicable if $ escalation rate by year list base rent by year:

1st year Base Year

2nd

3rd

4th

5th

"Additional Rent" Rate (Base Year)

Operating Costs $/s.f.

R.E. Taxes

Insurance

C.A.M.

Total $/s.f.

Lessor Management Fees %:

Administration/Property Mgm't

Fee % applied to what costs

Project/Construction Mgm't Fee

Other Information:

Tenant Improvement Allowance (TIA)

$/s.f.

U.S. Army Corps of Engineers

Solicitation for Lease Proposals

SLP # 24-259

Offeror’s Financial Terms Summary Worksheet

Factor Response/Comments

Configuration of Space offered Total SF available Scale Scale House building information description of parking facilities (i.e. surface, tiered garage, underground, other

Other Building /Lessor Information:

Security information List any other special operating conditions or restrictions below If there is a specific set of tenant/building rules, please attach to this form.

Authorized responder's Company

Name of Authorized responder

Title of Authorized responder

U.S. Army Corps of Engineers

Solicitation for Offers

SLP #24-259

Offeror’s General Building Information Summary Worksheet

Acknowledgements: