RPX Notice of Availability (NOA) Opelika Alabama Ammendment 1.pdf

NOTICE OF AVAILABILITY (NOA)

FOR

UNITED STATES ARMY RESERVE

REAL PROPERTY EXCHANGE

Robert R. Mardre

US Army Reserve Center (USARC) 2001 Pepperell Parkway

Opelika, Alabama

U.S. DEPARTMENT OF ARMY

When referring to this offering, please identify it as:

NOTICE OF AVAILABILITY for USAR REAL PROPERTY EXCHANGE:

Opelika, Alabama

TABLE OF CONTENTS

Page Number

I. INTRODUCTION 4

II. EXCHANGE PARCEL

A. General 5 B. Location/Area 6 C. Site Plan 12 D. Zoning and Land Use 12 E. Environment 12 F. Legal Description 13

III. FACILITIES CONSIDERATION 13

IV. ADMINISTRATIVE RESPONSIBILITIES/COSTS 13

V. EXCHANGE PROCESS

A. Step One - Qualification Requirements and 14 Application Evaluation Factors B. Step Two – Submission of Applications 18 C. Step Three – Offeror Evaluation Process 19 D. Step Four – Exchange Agreement 20

VI. EVALUATION AND RATING PROCESS

A. Qualification 21 B. Individual Factor Ratings 21 C. Risk Factors 21 D. Overall Ratings 22 E. Arrangement for Inspection of the Sites 22

VII. PROJECTED SCHEDULE 22

VIII. QUESTIONS AND QUALIFICATION SUBMITTAL 23

IX. SPECIAL CONDITIONS AND LIMITATIONS

A. No Obligation 23 B. Waiver 23 C. Protection Afforded to Sensitive Material 23 D. Rights Reserved 23 E. Hold Harmless 23 F. Title and Title Evidence 23

X. POINT OF CONTACT 24

APPENDICES

Appendix 1. Legislative Authority

Appendix 2. DD Form 1391 Military Construction Project Data

Appendix 3. Draft Letter Agreement

Appendix 4. Draft Exchange Agreement

Appendix 5. Draft Construction Management Letter Agreement

Appendix 6. Key Team Member Experience Form

Appendix 7. Environmental Documents and Link

Appendix 8. Survey of Land Area

***Note: Offers will be subject to the terms and conditions contained in the attached Appendices, unless otherwise negotiated, and should be reviewed carefully by Offerors before submission of applications in response to this NOA.

I. INTRODUCTION

The U.S. Army Reserve (USAR) owns a number of properties throughout the United States that are improved with USAR facilities. New development and changing land use patterns in the vicinity of these properties have created value in them for higher and better uses. By offering these properties in exchange for existing and/or to be constructed facilities, the USAR will update and strategically realign its inventory of training facilities.

The Real Property Exchange (RPX) Program is conducted under the legislative authority of 10 USC 18240, as amended (see: Appendix 1). Commonly known as the “Exchange Authority,” this legislation permits DOD reserve components to convey certain real property assets to States, local governments, local authorities, or private parties in exchange for facility or facilities, existing and/or to be constructed, including utility services for the facilities. The cost of the Replacement Facilities must be of a combined value at least equal to the fair market value of the property to be conveyed, as determined by the Government.

Pursuant to the Exchange Authority, acceptance of replacement facilities or additions to an existing facility requires the Deputy Assistant Secretary of the Army for Installations, Housing and Partnerships {DASA(IH&P)} to determine that the facilities:

(1) are complete and usable, fully functional, and ready for use;

(2) satisfy all operational requirements; and

(3) meet all applicable Federal, State, and local requirements relating to health, safety, fire, and the environment.

In this Notice of Availability (“NOA”), the Government is offering to convey fee title to improved land and facilities of the Robert R Mardre Opelika Alabama U.S. Armed Forces Reserve Center (USARC), hereinafter referred to as the Exchange Parcel, consisting of approximately 4.50 acres of land with 24,495 square foot (SF) office building and 3,976 square foot vehicle maintenance building, located within Opelika city limits, in exchange for the construction of a replacement Reserve Center, 31,000 SF Reserve Center Building, 9,000 SF Vehicle Maintenance Shop, 1,400 SF Unheated Organizational Storage, 11,700 SY Organizational Vehicle Parking, 5,153 SY Concrete Shop Aprons, and supporting facilities, hereinafter referred to as the Replacement Facility (Appendix 2).

This property is offered in exchange for land and construction of a new USARC. The land needs to be at least 20 acres and within a 25 mile (+/-) radius of the existing Opelika USARC. Property offered must be approved by the Army Reserve. Property offered in excess of the 25 mile radius will be considered on a case by case basis and is subject to approval by the Army Reserve.

The NOA process established for this RPX Project is structured to ensure that the Government receives the best value from a qualified and responsible Offeror. The exchange process is composed of the following four steps, discussed in detail in Section V, pages 14-21 of this NOA:

• Qualification Requirements. Interested parties (or “Offerors”) must meet the qualification requirements of this NOA by submitting a description of the qualifications, experience and past performance of the team that will fund and satisfy the Government’s objective, documentation demonstrating the Offeror’s financial and technical capability and capacity to perform, and a line of credit from a financial institution. Interested parties must also submit a deposit to fund the estimated cost of the administrative actions required to complete the proposed exchange.

• Submission of Applications. Offerors provide written submissions which satisfy the requirements set forth in this NOA.

• Offeror Evaluation Process. An Evaluation Board (EB) reviews the applications which have been received from Offerors and selects an Offeror as a conditional Exchange Partner, subject to approval by the DASA (IH&P).

After DASA (IH&P) approval, the Exchange Partner enters into a Letter Agreement (Appendix 3) with the USACE Savannah District. The Letter Agreement is in furtherance of good faith and exclusive negotiation of a Real Property Exchange Agreement (Appendix 4) between the Exchange Partner and the Government. Either party may terminate negotiations prior to the execution of the Exchange Agreement.

• Exchange Agreement. The specific business terms and legal conditions associated with the exchange will be documented in the Exchange Agreement, including draft conveyance documents. Final execution of an Exchange Agreement requires completion of required National Environmental Policy Act (NEPA) analysis. The Exchange Partner may do more environmental work to comply with the Exchange Partner’s due diligence requirements.

II. THE EXCHANGE PARCEL

A. GENERAL.

The Robert R. Mardre Opelika USARC consists of approximately 4.5+ acres of land.

The property is a level, rectangular shaped parcel located at the northeast corner of the intersection of Alabama State Route 14 (Pepperell Road) and North 20th Street. There is approximately 340± feet of frontage on the south side of State Route 14 and 500± feet of frontage on the west side of 20th street. Site improvements include 28,471 square feet of building improvements consisting of a reserve center building and vehicle maintenance building, chain-link fencing, parking areas. Most improvements to the site were built in 1967. All utilities are available at the site. The building improvements do not support the highest and best use of the site, as this area is zoned as I-1 Institutional District. This district is intended for major institutional uses such as; governmental buildings, parks, cemeteries, schools, the East Alabama Medical Center, and related medical uses. Uses in this district will be limited in order to establish areas for these uses and to protect them from the intrusion of incompatible uses. The address of the property is 2001 Pepperell Pkwy, Opelika, AL 36801.

ROBERT R MARDRE U.S. ARMY RESERVE CENTER

B. EXCHANGE PARCEL LOCATION/AREA

EXCHANGE PARCEL LOCATION/SITE

RESERVE CENTER FLOOR PLAN

EXCHANGE PARCEL PHOTOS

Front of Main Building from Pepperell Road

Vehicle Maintenance Facility

Interior of USARC

Classroom Hallway 1

Entrance Lobby Hallway 2

C. SITE PLAN

The site is developed with three separate buildings constructed in 1965, one older irregularly shaped mixed-use building, one vehicle maintenance building and one smaller building currently being used for storage of flammable materials. The parcel is located on the South side of Alabama State Route 14 (Pepperell Road) at the corner of North 20th Street. The site is rectangular shaped and is level with the streets with adequate drainage. With respect to utilities, electric, natural gas, telephone, internet, public water, and sewer services are available at the site. The City of Opelika provides municipal water and sewer to the area as well as police and fire protection. The property sits directly South from the East Alabama Medical Center and is located 1.5 miles west of interstate 85.

D. ZONING and LAND USE

Although the Government is exempt from local zoning requirements, the Exchange Parcel currently lies within the boundaries of the City of Opelika, Lee County, Alabama. Any proposals to develop this property have to be submitted to the City of Opelika Planning Department located at 700 Fox Trail, Opelika, AL 36801. The Exchange Parcel is zoned as I-1 Institutional District. This district is intended for major institutional uses such as; governmental buildings, parks, cemeteries, schools, the East Alabama Medical Center, and related medical uses. Uses in this district will be limited in order to establish areas for these uses and to protect them from the intrusion of incompatible uses. The current zoning is consistent with surrounding parcels. There are no known moratoriums affecting the exchange parcel. Verification of the present zoning and determination of permitted uses thereunder, along with compliance of the Exchange Parcel for present or proposed future use, is the responsibility of the Exchange Partner;

the Government makes no representation in regard thereto. Further, the Government does not guarantee that any zoning information is necessarily accurate or will remain unchanged. Any inaccuracies or changes in the zoning information shall not be cause for adjustment or rescission of any contract resulting from this NOA.

E. ENVIRONMENTAL

1. Environmental Condition

Consummation of the final exchange is contingent on all environmental clearances and reviews. An Environmental Condition of Property (ECP) for the Exchange Parcel (Appendix 7) was conducted August 14, 2023 and at https://www.sas.usace.army.mil/about/divisions-and-offices/real-estate-division/acquisitions/. The ECP is an assessment of the environmental condition of the Exchange Parcel based on observation and review of available environmental information and leads to a determination of whether future use(s) of the Exchange Parcel poses a threat to human health and the environment. It is intended that the Government will provide the Offeror which is selected as the Exchange Partner from this NOA process with a Finding of Suitability to Transfer (FOST) prior to consummation of the Exchange Agreement. The FOST documents the ECP findings, describes any remedial actions taken, the current environmental condition of the Exchange Parcel, and identifies any restriction on future use of the Exchange Parcel. The Exchange Partner may perform additional environmental work to satisfy these https://www.sas.usace.army.mil/about/divisions-and-offices/real-estate-division/acquisitions/ requirements. At the time of transfer, the Government will provide a Quitclaim Deed to the Exchange Parcel providing certain covenants and warrants to the environmental condition of the Exchange Parcel as required by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Department of Defense Instruction 4165.72. Those covenants will include confirmation that all required remedial action to protect human health and the environment has been taken, if any are determined to be required.

2. Environmental Impact

It is the intent of the Government that prior to execution of the Exchange Agreement; the

Government will have prepared an Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) or an Environmental Impact Statement (EIS) and Record of Decision (ROD), as appropriate, for the proposed exchange. Completion of the EA/FONSI or EIS/ROD fulfills requirements of the National Environmental Policy Act (NEPA) of 1969, as amended.

F. LEGAL DESCRIPTION

The Government will provide a legal description and survey suitable for recordation of the Exchange Parcel to the Exchange Partner prior to entering into an Exchange Agreement.

III. FACILITIES CONSIDERATION

As consideration for the Exchange Parcel, the Exchange Partner is required to provide a Replacement Facility in the form of land and construction to be located within approximately a 25 mile radius of the existing Robert R. Mardre Opelika Alabama USARC and to construct a new USARC as specified in DD Form 1391, Military Construction Project Data at (Appendix 2). In accordance with the RPX authorizing legislation, the total consideration to be provided by the Exchange Partner for the completion of the Replacement Facilities must have a value at least equal to the fair market value of the Exchange Parcel as determined by the Government. The Exchange Partner's responsibility for construction under this NOA will include all elements of design, demolition, construction, deconstruction, and quality control required to deliver fully operational facilities at the location specified for the Replacement Facility. Further descriptions of the required replacement facilities are shown on Appendix 2.

During the design phase, the Government may provide additional information to the Exchange Partner such as design codes/requirements. The facility shall be constructed in accordance with the Draft Army Reserve Unified Facilities Criteria (UFC) dated August 14, 2020, the Quality Standards Manual and Installation Design Guide, and local building and construction codes. All construction activities and requirements at the Replacement Facility provided by the Exchange Partner under this NOA shall be subject to the Davis Bacon Act.

IV. ADMINISTRATIVE RESPONSIBILITIES/COSTS

The Exchange Partner will be required to fund the Government for administrative actions required to complete the proposed exchange. The estimated cost of $128,500.00 is a line item in the proposal submission requirements, and payment is one of the qualification requirements for inclusion in the selection process for this RPX opportunity. The payment shall be in the form of a Cashier’s or Bank Certified Check payable to the “Finance & Accounting Officer, USACE Savannah” and shall be retained until selection of the Exchange Partner. The funds will be treated as a deposit for completion of the Letter Agreement (Appendix 3) for the selected Offeror and returned to the Offerors not selected within ten (10) working days after Exchange Partner selection. The Letter Agreement provides that the Offeror will fund the U.S. Army Corps of Engineers (USACE) costs to complete the proposed exchange, including but not limited to all items listed in (Appendix 3).

V. EXCHANGE PROCESS

A. STEP ONE – QUALIFICATION REQUIREMENTS AND APPLICATION

EVALUATION FACTORS

Respondents to this NOA must satisfy all of the requirements for applications in order to be considered for selection as the Exchange Partner. Offeror submittals are to be organized and structured in conformance with the outline below. Submittals should be clear and concise and provide only relevant material. All application materials shall be submitted in binders with a table of contents and tabbed section dividers. The requirements listed below must be received by USACE, Savannah District not later than the date and time specified in the Proposed Schedule in paragraph VII.

1. Government Administrative Costs deposit. The deposit shall be in the form of a Cashier’s or Bank Certified Check payable to “Finance & Accounting Officer, USACE Savannah” in the amount of $128,500.00 and shall be submitted with the Offeror’s application as provided in paragraph VI.A.1.

2. Letter confirming a minimum available Line of Credit. The Offeror shall provide a letter guaranteeing a minimum available Line of Credit in the amount equal to the total value of the proposal as listed in the schedule on pages 16-17, paragraph V.A.3.f., to be completed by the Offeror. This letter shall be from a reputable financial institution, as determined by USACE, incorporated in the United States of America, addressed to USACE, Savannah District (See Paragraph VI.A.2. below), and guarantee that the Line of Credit will be available for the duration of the proposed exchange project.

3. Application Evaluation Factors

a. Factor 1. Offeror Profile. This section describes the requirement for a description of the Offeror’s proposed team, including the design and construction firm(s) to be assigned to this Project. Required documentation includes: each firm’s qualifications, relevant experience and past performance with projects of a similar nature, scope and scale. Also include: the legal organizational structure; identifying data on principals, partners, etc.; insurance coverage; and other basic matters for each corporate member of the team. (Resumes for key people, contractors, etc. should be included in (Appendix 6).

Each Offeror shall provide the following:

• The name, address, telephone, e-mails and fax numbers of each principal, partner and/or co-venture participating on Offeror’s team and the name of the representative authorized to act on behalf of the team.

• Identification of any affiliation or other relationship between any of the members of the team responding to this application and any development company, parent company, or subsidiary.

• A description of Offeror’s status indicating jurisdiction under whose law Offeror is organized and operating, and a brief history of Offeror’s organization and its principals. And:

o If the Offeror is a corporation, provide: 1) Articles of Incorporation and By-Laws; 2) Names, addresses of officers and participating principals; 3) Corporate resolution authorizing the proposed transaction; and 4) Summary of Corporate Activity and documentation that will be relied upon by the Government to assess the corporation’s successful long-term operation.

o If the Offeror is a partnership/joint venture, provide: 1) partnership/joint venture agreement; 2) Names, addresses of the partners; and 3) each principal member’s appropriate history and background, assigned areas of responsibility and any agreements or other documentation that will be relied upon by the Government to assess the partnership/joint venture’s successful long-term operation.

o If the Offeror is a sole partnership, provide current address of the partner, and any agreements or other documentation that will be relied upon by the Government to assess the partnership’s successful long-term operation.

• Date and location of establishment/incorporation under the present name.

• The Unique Entity ID (UEI) numbers from SAM.gov for all members of the

Offeror’s development team including, but not limited to: the principal, partner, and/or co-venture.

• An explanation of types of services the Offeror’s firm provides and how they relate to this NOA and the RPX Project.

• An indication of whether Offeror ever maintained or currently maintains errors and omissions insurance and, if so, the amount of the coverage, the deductible, and the carrier of the insurance.

b. Factor 2. Relevant Experience. This section considers the extent of the Offeror’s proposed design and construction firm’s corporate and key personnel experience in successfully planning for, developing, and managing projects. The Offeror shall provide information about other projects performed by the Offeror and identified through any and all means (relevancy and recency), including but not limited to customer surveys and comments from Government agencies, if any.

Each Offeror shall provide the following:

• Relevant Project Experience – Provide information for at least three (3) projects for which Offeror (or team member) has completed and which demonstrate an ability to perform a project of the magnitude and complexity of this RPX Project -on time and within budget. For each project provided, please include the following:

o Name, address, type and size of each project;

o Name and address of the owner of each project;

o No more than three (3) photos of each project (each photo not exceeding

8-1/2” by 11” in size) if available;

o A description of how the project achieved an acceptable level of quality in the project planning, phasing/sequencing, design and construction, and coordination of roles and responsibilities amongst the team members;

o A description of project economics and finance, including:

1) total development costs including hard and soft costs; 2) financing including debt and equity amounts and sources; 3) ownership structure including percentage of ownership by principal members; 4) economics of sharing arrangements between principal members or investors including identification of sources of return to the owners and investors;

o Any other pertinent information necessary to sufficiently describe each project.

c. Factor 3. References. Provide the name, address, and telephone numbers of at least five (5) clients or other stakeholders for whom Offeror (or team member) has successful developed projects within the past ten (10) years. These client references should include the owners of or persons directly involved with projects referenced above. In addition, Offeror is encouraged to provide the above information from such other stakeholders that the Offeror considers important to understanding the success of Offeror’s work. These references should be able to assess the degree of client (or other stakeholder) satisfaction. The Government intends to contact all the references that the Offeror lists. Offeror’s inclusion of the information requested above will be considered authorization to do so. The Offeror’s references may be asked to discuss the following:

• Quality of the working relationship with the client (the tenant and/or the owner);

• Professionalism and integrity with which Offeror conducted business;

• Responsiveness to the client’s needs and expectations;

• Level of communication;

• Value added to the project as the result of cost savings, favorable financing positive asset management, etc.;

• Delivery of the project within budget and on schedule;

• Quality control of the project design and construction;

• Other relevant aspects in the management of a project development for a client.

d. Factor 4. Dispute Resolution. State whether the Offeror (or a team member) has ever been terminated for default, noncompliance, or non-performance on a contract or Lease, and provide a detailed description. List all material instances and provide a detailed description of the litigation or formal Alternative Dispute Resolution (ADR) processes (e.g., binding arbitration) during the last ten (10) years and involving a claim in excess of $50,000 to which any principal member has been a party.

e. Factor 5. Financial. This section considers the extent of the Offeror’s experience in dealing with the financing of projects. Additionally, the Offeror’s proposed financial strategy and capability for this project will be considered.

• Offeror shall provide audited financial statements (or 10Ks if the entity is publicly owned) for the last three (3) years. Parent and holding companies should submit audited financial statements if they intend to commit resources to a developer or joint venture in which they own a controlling interest. The financial statements should be prepared in accordance with generally accepted accounting principles (GAAP) and the financial auditor must be an independent Certified Public Accountant or an independent licensed public accountant. Auditor contact information should also be provided.

• If audited financial statements have not been prepared for Offeror’s corporation or partnership or if Offeror is an individual, in addition to financial statements, provide a complete and current personal financial statement for Offeror and all partners/officers.

• Apart from the references requested above, provide the names, addresses, telephone numbers, and e-mails of at least two commercial or institutional financial references from which the Offeror and each member of the development team has previously obtained financing. Attach a letter authorizing each reference to respond to inquiries from the Government relating to this NOA.

• Discuss Offeror’s capability to secure operating capital for the projects as well as Offeror’s capability to secure payment and performance bonds (or other types of security) for this RPX Project.

f. Factor 6. Project Implementation.

• Describe the Offeror’s organizational commitment to the design and construction of the Replacement Facility and how the Offeror will respond to the Government during these phases.

• Include an organizational chart and staffing plan that identifies the roles and responsibilities of the members of the Offeror’s team to be utilized in the design and construction of the Replacement Facility.

• Provide a summary design and construction budget per line item of Section 9 on page 1 of the DD1391 (Appendix 2) in same format.

B. STEP TWO – SUBMISSION OF APPLICATIONS

1. Deadline and Procedures for Submission of Applications. All submissions to this NOA by Offerors are due no later than 5:00 PM Eastern Standard Time on the date specified below and identified on the RPX Project website.

The Offeror shall submit application packages by:

a. Submit complete application on the DoD SAFE website at DoD SAFE (apps.mil), addressed to Jereme.R.DeGarlais@usace.army.mil. Government Administrative Costs deposit shall be submitted with the Offeror’s application as provided in V.B.1.b below or,

b. Submit one (1) original, complete application (stamped “Original” on title page) along with five (5) copies, plus one (1) electronic copy in the form of a CD or DVD. The application and copies shall be sent in one (1) package and clearly marked as a response to this NOA. The following information must appear in the lower left corner of the envelope:

Sealed Application for: USAR Real Property Exchange Time: NLT 5:00 PM Eastern Standard Time Date: 19 January 2024 Project Name: Opelika USARC

And addressed to:

U.S. Army Corps of Engineers Savannah District Real Estate Division Attn: CESAS-RE (RPX) 100 W. Oglethorpe Ave Savannah, GA 31401

NOTE: Any subsequent modifications to the Offeror’s application shall be sent using one of the above methods only. In addition, the Offeror’s application should be labeled with the Offeror’s name, address, and name of contact person.

NOTE: Electronic, telegraphic, or facsimile offers and modifications will NOT be considered without the express written authorization of the USACE Savannah District Real Estate Division.

NOTE: Any application received after the time and date specified above will be rejected and returned to the Offeror unopened.

https://safe.apps.mil/dropoff.php mailto:Jereme.R.DeGarlais@usace.army.mil

2. Cancellation of Notice of Availability. The Government is sponsoring this RPX Project solely for the purpose of achieving the goals established in the enabling legislation.

While the Government intends to enter into an Exchange Agreement with an Exchange Partner, it is under no obligation to do so, and reserves the right to cancel this NOA and reject all application submissions. Further, the Government reserves the right to suspend or modify all aspect of this process and to waive informalities and minor irregularities in offers received where it is deemed by the Government in its sole discretion to be in the best interest of the Government.

3. Amendment of NOA by the Government. This NOA may be amended at any time by the Government, in its sole discretion. A Notice of Amendment shall be posted on the Project website and a written amendment shall be provided to each Offeror who has submitted a written submittal on or before the date of the NOA amendment. If this NOA is amended, then all terms and conditions that are not modified shall remain unchanged.

Offerors that have submitted their application prior to an amendment of the NOA shall be required to acknowledge receipt of such amendment by date and time specified in the amendment. Acknowledgment shall be made by signing and returning the amendment by mail to the address specified in paragraph V.B.1.

4. Amendment of Offeror’s Written Submittal. The Offeror may request an amendment of its previously submitted application to this NOA by providing the Government with a detailed description and explanation of the proposed changes which will be reviewed by the Government. To the extent that the Government consents to the proposed changes, such changes to the Offeror’s previously written submittal shall be memorialized in a letter agreement and shall be executed by the appropriate representatives of the Offeror and the Government.

C. STEP THREE – OFFEROR EVALUATION PROCESS

1. Evaluation Board (EB). An EB will evaluate each Offeror’s written submission to this NOA. The members of the EB will determine the overall value of the application to the Government and the potential for meeting the goals of this RPX opportunity in accordance with the Evaluation Process set forth in Section VI below. The Offeror’s written application should contain all the information that the Offeror deems necessary to comply with the information required in this NOA. Each application will be evaluated on its own merit, independently and objectively. The Government may contact an Offeror in order to clarify certain aspects of the Offeror’s application or to correct clerical errors.

2. Evaluation of Applications. The applications which are submitted with respect to this NOA will be evaluated by the EB. Selection of the best application by the Government will be based on an integrated assessment of the factors set forth in Section VI below and a determination of the application which best meets the Government’s requirements of this RPX Project.

3. Best and Final Offers. In the event multiple qualified Offerors propose similar levels of Facilities Consideration, Offerors may be selected to participate in additional discussions of qualifications, development concepts, and potential additional facilities and/or additional value to be converted to real property improvements. If necessary, USACE reserves the right to request additional Best and Final Offers from a short list of qualified Offerors.

4. Selection of the Exchange Partner. Upon completion of submission evaluations, the EB will forward the name of the Offeror with the highest overall ranking to the DASA (IH&P) for consideration for selection to serve as the Exchange Partner for this RPX. The Offeror being referred shall be notified in writing by USACE of this referral and of the resulting decision of the DASA (IH&P). Upon selection by the DASA (IH&P), the Government and the selected Exchange Partner will initiate steps toward entering into a Letter Agreement and an Exchange Agreement.

5. Post Selection Press Releases. Following DASA (IH&P) approval and selection of the Offeror with the best application which has been submitted in response to this NOA, the selected Offeror agrees to provide the Government with the opportunity to review and approve any press release relating to this RPX Project prior to any release to the media. The Government shall, in its sole discretion, provide the selected Offeror with any comments in a timely fashion.

6. Notification to Offerors not selected. Within four (4) business days following the selection of the best application to this NOA, the Government will provide written notice to all other Offerors of non-selection. Checks which were received from Offerors which were not selected shall be returned within ten (10) business days of the confirmation by the DASA (IH&P) of the selection of the Exchange Partner.

7. Letter Agreement. The selected Offeror must execute the Letter Agreement (see:

Appendix 3) no later than thirty (30) days following the confirmation by the DASA (IH&P) of the selection of the Exchange Partner.

8. Required Schedules and Concept Designs. Within forty-five (45) days following confirmation by the DASA (IH&P) of the selection, the Exchange Partner shall furnish the following:

• Design and construction schedules (approximate durations of major milestones) and;

• Concept designs in accordance with requirements listed in Appendix 2.

D. STEP FOUR – EXCHANGE AGREEMENT

1. During this step, the specific terms and legal conditions associated with the exchange will be documented in a formal Exchange Agreement (draft agreement at Appendix 4). All administrative actions required to complete the Exchange Agreement will be completed, as well as all other appropriate documentation required. Such documentation includes the Congressional notification, NEPA analysis, and other documents needed to clearly articulate the terms of the exchange.

NOTE: The execution of the Exchange Agreement is not acceptance of the Replacement Facilities. Pursuant to the Exchange Authority, acceptance of Replacement Facilities requires the DASA(IH&P) to determine that the facilities:

(1) are complete and usable, fully functional, and ready for occupancy;

(2) satisfy all operational requirements; and

(3) meet all applicable Federal, State, and local requirements relating to health, safety, fire, and the environment.

2. Construction Management Letter Agreement. Concurrently and inclusive with the Exchange Agreement, the Exchange Partner shall enter into a Construction Management Letter Agreement (CMLA) with USACE (see draft at Appendix 5).

VI. EVALUATION AND RATING PROCESS

A. Qualification. The members of the EB will evaluate the Offeror’s application. The following must be received by the Government in a timely manner as specified in paragraph V.B.1. above in order for the EB to evaluate each Offeror.

1. Cashier’s or Bank Certified Check in the amount of $128,500.00 for payment of Government Administrative Costs.

2. A letter from a reputable financial institution incorporated in the United States of America providing a Line of Credit for the duration of construction in the amount equal to the total value of the Replacement Facility proposed in the Offeror’s application.

3. Written Application including the elements described above relating to qualifications, experience, and past performance with respect to development of projects and properties of a similar nature, scope, and scale, as well as Offeror’s financial capability/capacity to carry out the required construction of the Replacement Facility.

B. Individual Factor Ratings. Each evaluation factor will be rated as indicated below.

The members of the EB will assign one of the following ratings to each factor.

• Exceptional (E): The Offeror has addressed substantially all of the elements of this factor in a manner that demonstrates superior added value above a satisfactory response and has addressed substantially all of the remaining elements in this factor in a manner that demonstrates high added value above a satisfactory response.

• Acceptable Plus (A+): The Offeror has addressed many of the elements of this factor in a manner that demonstrates some added value above a satisfactory response and has addressed substantially all of the remaining elements in this factor in a manner that demonstrates a satisfactory response.

• Acceptable (A): The Offeror has addressed substantially all of the elements in this factor in a satisfactory manner.

• Unacceptable (U): The Offeror has failed to address substantially all of the elements of this factor in a satisfactory manner or has simply failed to address substantially all of the elements in this factor.

C. Risk Factors. The members of the EB will determine evaluation factor ratings by drawing upon the strengths, weaknesses, and risks identified for each of the evaluation factors.

In addition to the ratings above, a risk rating will be assigned to each of the individual factors.

The purpose of this rating is to assess the level of risk associated with each Offeror. The members of the EB will assign one of the following ratings to each of the individual factors:

• Low Risk: Any weaknesses identified by the evaluators have little potential to cause disruption to the planning and implementation phases. Normal contractor/Government effort monitoring will probably minimize any difficulties.

• Moderate Risk: These are weaknesses identified by the evaluators that can potentially cause disruption to the planning and implementation phases. Special contractor/Government emphasis and close monitoring will probably minimize any difficulties.

• High Risk: These are weaknesses identified by the evaluators that have the potential to cause significant disruption to the planning and implementation phases even with special contractor/Government emphasis and close monitoring.

The members of the EB will document the strengths and weaknesses of the Offeror’s submission and the potential impact on disruption to the planning and implementation phases of the Replacement Facility to justify the selection rating.

D. Overall Ratings. The members of the EB will assign an overall rating for each submittal as indicated below:

• Exceptional (E): The Offeror has addressed substantially all of the elements in all of the factors in a manner that demonstrates superior added value above a satisfactory response and has addressed substantially all of the remaining factors in a manner that demonstrates high added value above a satisfactory response.

• Acceptable Plus (A+): The Offeror has addressed many of the factors in a manner that demonstrates some added value above a satisfactory response and has addressed substantially all of the remaining factors in a manner that demonstrates a satisfactory response.

• Acceptable (A): The Offeror has addressed substantially all of the factors in a satisfactory manner.

• Unacceptable (U): The Offeror has failed to address substantially all of the factors in a satisfactory manner or has simply failed to address substantially all of the factors.

E. Arrangements for Inspection of the Sites. USAR and USACE will conduct an Industry Forum at the Opelika USARC on 14 December 2023. Details of specific location and time will be posted on the RPX Project website https://www.sas.usace.army.mil/about/divisions-and-offices/real-estate-division/acquisitions/. At the time of the Industry Forum, arrangements will be made for inspection of the Exchange Parcel.

VII. PROJECTED SCHEDULE

Due Date

• NOA Issued 01 Dec 2023

• Industry Forum 14 Dec 2023

• Offerors’ Applications/Proposals Due 19 Jan 2024

• Evaluation Board convenes 30/31 Jan 2024

• Evaluation Board’s Offeror Referral to DASA (IH&P) 12 Feb 2024

• DASA (IH&P) Selection of Offeror as Exchange Partner 01 Mar 2024

• Letter Agreement Signed 01 Apr 2024

• Exchange Agreement Executed (180 days) Sep 2024

VIII. QUESTIONS AND QUALIFICATION SUBMITTAL

Questions regarding the exchange process or the information contained in this NOA may be submitted by two means: 1) in writing to USACE Savannah District, Real Estate Division, or

2) online using the RPX Project website https://www.sas.usace.army.mil/about/divisions-and-offices/real-estate-division/acquisitions/. Substantive question(s) and answer(s) regarding the exchange process or the information contained in this NOA, which do not contain proprietary information, will be posted to the website within two (2) business days following receipt of the questions(s).

IX. SPECIAL CONDITIONS AND LIMITATIONS

A. NO OBLIGATION While the Government intends to enter into an agreement with an Exchange Partner selected through this NOA process, it is under no obligation to do so.

Notification to Congress of the proposed real property exchange and approval of the Exchange Agreement rests with the DASA (IH&P), after favorable review by the Army Office of General Counsel. The Government reserves the right to cancel this NOA at any time, and/or to reject any and all submissions prepared in response. The Government is not responsible for any costs incurred by an Offeror in order to participate in this exchange process.

B. WAIVER The Government reserves the right to waive informalities and minor irregularities in offers received if it is determined that such is in its best interest of the Government.

C. PROTECTION AFFORDED TO SENSITIVE MATERIAL Information contained in materials submitted in response to this NOA will be afforded protection from public disclosure.

D. RIGHTS RESERVED The Government reserves the right to hold exclusive negotiations with a selected Offeror that result in terms and conditions that differ from the terms and conditions originally offered. Furthermore, the Government reserves the right to terminate negotiations with the selected Offeror and initiate negotiations with others, if within twelve (12) months of selection of the Offeror it is determined that the Government will be unable to conclude successful negotiations with the selected Offeror.

E. HOLD HARMLESS By participating in this exchange process, each Offeror agrees to hold the Government, its officers, employees and consultants harmless from all claims, liabilities and costs related to all aspects of this transaction. Under no circumstances shall the

Government be liable for any real estate brokerage commissions, finder’s fees or other forms of compensation related in any way to activities undertaken by any person or entity as a result of this exchange process.

F. TITLE AND TITLE EVIDENCE Conveyance of the Exchange Parcel to the Exchange Partner will be by Quitclaim Deed. Any title evidence desired by the Exchange Partner shall be at its sole cost and expense. The Government agrees to cooperate with the Exchange Partner or its authorized agent in this matter, and will permit examination and inspection of such deeds, abstracts, affidavits of title, judgments in condemnation proceedings, or other documents relating to the title of the Exchange Parcel and real property involved, as it may have available. The Exchange Partner will be responsible for any expense incurred in connection with title matters or survey of the Exchange Parcel. The Quitclaim Deed may be modified based on the outcome of all environmental analyses and studies or other legal requirements.

X. POINT OF CONTACT

Questions, clarifications and inquiries about this RPX opportunity should be directed to:

Jereme R. DeGarlais U.S. Army Corps of Engineers, Savannah District Realty Specialist, RPX Program Manager Attn.: Real Estate Division Email: Jereme.R.DeGarlais@usace.army.mil 100 W. Oglethorpe Ave PHONE: (912) 652-5149 Savannah, GA 31401

FAX: (912) 652-5751

mailto:Jereme.R.DeGarlais@usace.army.mil

Appendix 1

TITLE 10. ARMED FORCES

SUBTITLE E. RESERVE COMPONENTS

PART V. SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 1803. FACILITIES FOR RESERVE COMPONENTS

10 USCS § 18240

§ 18240. Acquisition of facilities by exchange

(a) Exchange authority. In addition to the acquisition authority provided by section 18233 of this title [10 USCS § 18233], the Secretary of Defense may authorize the Secretary of a military department to acquire a facility, or addition to an existing facility, needed to satisfy military requirements for a reserve component by carrying out an exchange of an existing facility under the control of that Secretary through an agreement with an Executive agency (as defined in section 105 of title 5 [5 USCS § 105]), the United States Postal Service, or a State, local government, local authority, or private entity. The acquisition of a facility or an addition to an existing facility under this section may include the acquisition of utilities, equipment, and furnishings for the facility.

(b) Facilities eligible for exchange. Only a facility of a reserve component that is not excess property (as defined in section 102(3) of title 40) may be exchanged using the authority provided by this section.

(c) Equal value exchange. In any exchange carried out using the authority provided by this section, the value of the Replacement Facility or addition to an existing facility, including any utilities, equipment, and furnishings, to be acquired by the United States shall be at least equal to the fair market value of the facility conveyed by the United States under the agreement. If the values are unequal, the values may not be equalized by any payment of cash consideration by either party to the agreement.

(d) Requirements for replacement facilities. The Secretary of a military department may not accept a replacement facility, or addition to an existing facility, to be acquired by the United States in an exchange carried out using the authority provided by this section until that Secretary determines that the facility or addition--

(1) is complete and usable, fully functional, and ready for occupancy;

(2) satisfies all operational requirements; and

(3) meets all applicable Federal, State, and local requirements relating to health, safety, fire, and the environment.

(e) Consultation requirements. The Secretary of a military department authorized to enter into an agreement under subsection (a) to convey an existing facility under the control of that Secretary by exchange shall consult with representatives of other reserve components to evaluate--

(1) the value of using the facility to meet the military requirements of another reserve component, instead of conveying the facility under this section; and

(2) the feasibility of using the conveyance of the facility to acquire a facility, or an addition to an existing facility, that would be jointly used by more than one reserve component or unit.

(f) Advance notice of proposed exchange.

(1) When a decision is made to enter into an agreement under subsection (a) to exchange a facility using the authority provided by this section, the Secretary of the military department authorized to enter into the agreement shall submit to the congressional defense committees a report on the proposed agreement. The report shall include the following:

(A) A description of the agreement, including the terms and conditions of the agreement, the parties to be involved in the agreement, the origin of the proposal that lead to the agreement, the intended use of the facility to be conveyed by the United States under the agreement, and any costs to be incurred by the United States to make the exchange under the agreement.

(B) A description of the facility to be conveyed by the United States under the agreement, including the current condition and fair market value of the facility, and a description of the method by which the fair market value of the facility was determined.

(C) Information on the facility, or addition to an existing facility, to be acquired by the United States under the agreement and the intended use of the facility or addition, which shall meet requirements for information provided to Congress for military construction projects to obtain a similar facility or addition to an existing facility.

(D) A certification that the Secretary complied with the consultation requirements under subsection (e).

(E) A certification that the conveyance of the facility under the agreement is in the best interests of the United States and that the Secretary used competitive procedures to the maximum extent practicable to protect the interests of the United States.

(2) The agreement described in a report prepared under paragraph (1) may be entered into, and the exchange covered by the agreement made, only after the end of the 30-day period beginning on the date the report is received by the congressional defense committees or, if earlier, the end of the 21-day period beginning on the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title [10 USCS § 480].

(3) Section 2662 of this title [10 USCS § 2662] shall not apply to an exchange carried out using the authority provided by this section.

(g) Relation to other military construction requirements. The acquisition of a facility, or an addition to an existing facility, using the authority provided by this section shall not be treated as a military construction project for which an authorization is required by section 2802 of this title [10 USCS § 2802].

HISTORY:

(Added Oct. 30, 2004, P.L. 108-375, Div B, Title XXVIII, Subtitle A, § 2809(a)(1), 118 Stat. 2125;

Jan. 6, 2006, P.L. 109-163, Div B, Title XXVIII, Subtitle A, § 2808(a), 119 Stat. 3508; Jan. 28, 2008, P.L. 110-181, Div B, Title XXVIII, Subtitle A, § 2807, 122 Stat. 541.)

HISTORY; ANCILLARY LAWS AND DIRECTIVES

Amendments:

2006. Act Jan. 6, 2006, in subsec. (a), added the sentence beginning "The acquisition . . ."; and, in subsec. (c), inserted "including any utilities, equipment, and furnishings, to be".

2008. Act Jan. 28, 2008, in subsec. (a), substituted "with an Executive agency (as defined in section 105 of title 5), the United States Postal Service, or a State" for "with a State".

Appendix 2 (1391) http://www.sas.usace.army.mil/About/DivisionsandOffices/RealEstateDivision/AcquisitionsBran ch.aspx

Appendix 3

DRAFT

LETTER AGREEMENT

BETWEEN

THE UNITED STATES OF AMERICA

AND

EXCHANGE PARTNER NAME

This Letter Agreement (LA) is made as of the _____ day of __________, 202__, by and between the United States of America, acting by and through the Department of the Army, U.S.

Army Corps of Engineers, ____________ of Real Estate (USACE), and Exchange Partner Name (hereinafter referred to as the “Exchange Partner”).

WHEREAS, Title 10, United States Code, Section 18240, allows the Secretary of Defense to authorize the Secretary of the Army to acquire a facility, or an addition to an existing facility, needed to satisfy military requirements by exchange of an existing facility;

WHEREAS, The Defense Authorization Act of 1998, Section…