00_RLP_DACA84-5-16-0049.pdf

RLP NO. DACA84-5-16-0049, PAGE 1

USACE REQUEST

FOR LEASE

PROPOSALS

DACA84-5-16-0049

KANEOHE, HAWAII

Offers due by 07/29/2016

In order to be considered for award, offers conforming to the requirements of the RLP shall be received no later than 3:00 HST on the date above. See “Receipt Of Lease Proposals” herein for additional information.

This Request for Lease Proposals (“RLP”) sets forth instructions and requirements for proposals for a Lease described in the RLP documents. Proposals conforming to the RLP requirements will be evaluated in accordance with the Method of Award set forth herein to select an Offeror for award. The Government will award the Lease to the selected Offeror, subject to the conditions herein.

The information collection requirements contained in this Solicitation/Contract, that are not required by the regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No.

3090-0163.

RLP NO. DACA84-5-16-0049, PAGE 2

TABLE OF CONTENTS

SECTION 1 STATEMENT OF REQUIREMENTS

1.01 GENERAL INFORMATION

1.02 AMOUNT AND TYPE OF SPACE, LEASE TERM, AND OCCUPANCY DATE

1.03 AREA OF CONSIDERATION

1.04 LIST OF RLP DOCUMENTS

1.05 AMENDMENTS TO THE RLP

1.06 LEASE DESCRIPTION

1.07 RELATIONSHIP OF RLP BUILDING MINIMUM REQUIREMENTS AND LEASE OBLIGATIONS

1.08 SECURITY REQUIREMENTS

1.09 SECURITY LEVEL DETERMINATION FOR FACILITY HOUSING OTHER FEDERAL TENANTS

1.10 INSPECTION—RIGHT OF ENTRY

1.11 AUTHORIZED REPRESENTATIVES

1.12 PLANNED USE BY GOVERNMENT

SECTION 2 ELIGIBILITY AND PREFERENCES FOR AWARD

2.01 FLOOD PLAINS

2.02 ASBESTOS

2.03 ACCESSIBILITY

2.04 FIRE PROTECTION AND LIFE SAFETY

2.05 ENERGY INDEPENDENCE AND SECURITY ACT

2.06 ENVIRONMENTAL CONSIDERATIONS

SECTION 3 HOW TO OFFER

3.01 GENERAL INSTRUCTIONS

3.02 RECEIPT OF LEASE PROPOSALS

3.03 BUDGET SCOREKEEPING; OPERATING LEASE TREATMENT

3.04 ADDITIONAL SUBMITTALS

SECTION 4 METHOD OF AWARD

4.01 NEGOTIATIONS

4.02 AWARD BASED ON PRICE

4.03 AWARD

RLP NO. DACA84-5-16-0049, PAGE 3

REQUEST FOR LEASE

PROPOSALS

DACA84-5-16-0049

7/29/2016

SECTION 1 STATEMENT OF REQUIREMENTS

1.01 GENERAL INFORMATION

A. This Request for Lease Proposals (RLP) sets forth instructions and requirements for proposals for a Storage Lease described in the RLP documents. The Government will select an Offeror for award by evaluating proposals conforming to the RLP requirements in accordance with the Method of Award set forth below. The Government will award the Lease to the selected Offeror, subject to the conditions below.

B. The RLP documents include a lease form (U.S. Government Lease for Real Property (SF 2)) setting forth the terms and conditions of the Lease contemplated by this RLP. The RLP documents include a Proposal to Lease Space on which Offeror shall submit its offered rent and other price data, together with required information and submissions.

C. Offeror should not attempt to complete the lease form. Upon selection for award, USACE will transcribe the successful

Offeror’s final offered rent and other price data as provided by Offeror into the U.S. Government Lease for Real Property (SF 2) lease form, creating a completed Lease. USACE will transmit the completed Lease, including any appropriate attachments, to the successful Offeror for execution. Neither the RLP nor any other part of an Offeror’s proposal shall be part of the Lease except to the extent expressly incorporated therein. The Offeror should review the completed Lease for accuracy and consistency with his or her proposal, sign and date the signature page, initial each page of the Lease, and return it to the Real Estate Contracting Officer (RECO).

D. The Offeror’s executed Lease shall constitute a firm offer. The Lease is not a binding contract until the RECO executes the

Lease and delivers a signed copy to the Offeror.

1.02 AMOUNT AND TYPE OF SPACE, LEASE TERM, AND OCCUPANCY DATE

A. The Government seeks a minimum of 200 to a maximum of 400 square feet of space in a warehouse, mini-warehouse, or self-storage type building. The space shall have a minimum clear ceiling height of 10 feet, 0 inches. The required space is to be measured and offered by Offerors in square feet in accordance with American National Standards Institute/Building Owners and Managers Association (ANSI/BOMA) Office Area (ABOA) square feet (SF), (hereinafter referred to as “ANSI/BOMA ABOA SF” or “ABOA SF”) of contiguous space within the area of consideration set forth below.

B. The space shall be located in a modern quality building of sound and substantial construction in good condition and acceptable to the RECO. If not a new building, the offered space shall be in a building that has undergone, or will complete by occupancy, modernization or adaptive reuse for the space in conformance with current local building code for storage, warehouse, or self-storage facilities. Unless specifically stated as tenant improvements (TI), the Lessor shall perform all work at Lessor’s sole cost and expense.

C. Security Requirements: Perimeter fencing/walls of the entire site shall be provided. The facility shall be monitored 24-hours either through on-site patrolling security guards or security cameras. Security camera recordings must be made available to the Government at any time upon request.

D. 2 Years, 0 Years Firm, with Government termination rights, in whole or in part, effective at any time after the Firm Term of the Lease by providing not less than 30 days’ prior written notice.

E. Occupancy is required immediately upon the Government’s execution of the Lease, anticipated no later than 20 July 2016.

1.03 AREA OF CONSIDERATION

The Government requests offers of space on the Windward side of Oahu, or within 50 miles or 1 hour commute to the Windward side.

1.04 LIST OF RLP DOCUMENTS

The following documents are attached to and included as part of this RLP package:

RLP NO. DACA84-5-16-0049, PAGE 4

DOCUMENT NAME

NO. OF

PAGES

ENCLOSURE

Lease No. DACA84-5-16-0049 4 1 GSA Form 3517A, General Clauses (9/2015) 4 2 GSA Form 3518A, Representations and Certifications (Short Form) (5/2013) 7 3

Certificate of Signature Authority 1 4 Proposal to Lease Space 1 5

1.05 AMENDMENTS TO THE RLP

This RLP may be amended by notice from the RECO. Amendments may modify the terms of this RLP, or the terms, conditions, and requirements of the Lease contemplated by the RLP.

1.06 LEASE DESCRIPTION

A. Offeror shall examine the Lease form included in the RLP documents to understand the Government’s and the Lessor’s respective rights and responsibilities under the contemplated Lease.

B. The Lease contemplated by this RLP includes:

1. The term of the Lease, and renewal option, if any.

2. Terms and Conditions of the Lease, including Definitions, Standards, and Formulas applicable to the Lease and this

RLP.

3. Building Shell standards and requirements.

4. A description of all services to be provided by the Lessor.

C. Should the Offeror be awarded the Lease, the terms of the Lease shall be binding upon the Lessor without regard to any statements contained in this RLP.

D. The Lease contemplated by this RLP is a modified gross Lease. See RLP Paragraphs 3.03 and 3.09 for further details on financial responsibility for various Operating Expenses. Rent shall be based upon a proposed rental rate per Rentable Square Foot (RSF), limited by the offered rate and the maximum ABOA SF solicited under this RLP.

E. Offerors are advised that doing business with the Government carries special responsibilities with respect to sustainability, fire protection and life safety, and security, as well as other requirements not typically found in private commercial leases.

These are set forth both in the lease form and in the GSA Form 3517A, which will be part of the Lease.

1.07 RELATIONSHIP OF RLP BUILDING MINIMUM REQUIREMENTS AND LEASE OBLIGATIONS

If the Lessor’s Building does not meet the requirements at the time of award, the Lessor may still be awarded the Lease.

However, as a condition of award, the Government will require Lessor to identify those Building improvements that will bring the Building into compliance with RLP requirements. Upon award of the Lease, completion of those Building improvements will become Lease obligations.

1.08 SECURITY REQUIREMENTS

A. This proposed Lease contains the security requirements and obligations for the Building, which are based on the facility security level (FSL). The Federal Government determines the facility’s FSL rating, which ranges from FSL I to FSL IV. The FSL is based on client agency mix, required size of space, number of employees, use of the space, location, configuration of the site and lot, and public access into and around the facility.

B. The security requirements included in this Lease includes a list of security countermeasures that must be installed in the leased Space. To be considered within the competitive range, the Offeror must have the security countermeasures installed by the occupancy date.

1.09 SECURITY LEVEL DETERMINATION FOR FACILITY HOUSING OTHER FEDERAL TENANTS

If an Offeror is offering Space in a facility currently housing a Federal agency, the security requirements of the facility may be increased and the Offeror may be required to adhere to a higher security standard than other Offerors competing for the same space requirement. If two or more Federal space requirements are being competed at the same time, an Offeror submitting on both or more space requirements may be subject to a higher security standard if the Offeror is determined to be the successful Offeror on more than one space requirement. It is incumbent upon the Offeror to prepare the Offeror’s proposal accordingly.

RLP NO. DACA84-5-16-0049, PAGE 5

1.10 INSPECTION—RIGHT OF ENTRY

A. At any time and from time to time after receipt of an offer (until the same has been duly withdrawn or rejected), the agents, employees and contractors of the Government may, upon reasonable prior notice to Offeror, enter upon the offered Space or the Premises, and all other areas of the Building access to which is necessary to accomplish the purposes of entry, to determine the potential or actual compliance by the Offeror with the requirements of the RLP and its attachments, which purposes shall include, but not be limited to:

1. Inspecting, sampling, and analyzing of suspected asbestos-containing materials and air monitoring for asbestos fibers.

2. Inspecting the heating, ventilation and air conditioning system, maintenance records, and mechanical rooms for the offered Space or the Premises.

3. Inspecting for any leaks, spills, or other potentially hazardous conditions which may involve tenant exposure to hazardous or toxic substances.

4. Inspecting for any current or past hazardous waste operations, to ensure that appropriate actions were taken to alleviate any environmentally unsound activities in accordance with Federal, state, and local law.

B. Nothing in this paragraph shall be construed to create a Government duty to inspect for toxic materials or to impose a higher standard of care on the Government than on other lessees. The purpose of this paragraph is to promote the ease with which the Government may inspect the Building. Nothing in this paragraph shall act to relieve the Offeror of any duty to inspect or liability which might arise because of Offeror’s failure to inspect for or correct a hazardous condition.

1.11 AUTHORIZED REPRESENTATIVES

With respect to all matters relating to this RLP, only the Government’s RECO designated below shall have the authority to amend the RLP and award a Lease. The Government shall have the right to substitute its RECO by notice, without an express delegation by the prior RECO.

Lease RECO:

Michael D. Coy Chief of Real Estate U.S. Army Corps of Engineers, Alaska District 2204 Talley Street JBER, Alaska 99506

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

Alternate Government Contact:

Sarah J. Watts Realty Specialist U.S. Army Corps of Engineers, Honolulu District Building 230, Room 318 Otake Street Ft. Shafter, Hawaii 96858-5440 phone: 808-835-4060 cell: 808-347-7080 fax: 808-835-4354 sarah.j.watts@usace.army.mil

1.12 PLANNED USE BY GOVERNMENT

The Government shall be entitled to use the space for any lawful purpose. However, the Government intends to initially use the space for Such use may involve the use of hazardous materials. The Government will agree in the Lease to use and maintain any hazardous materials in conformance with all applicable Federal, state, and local environmental regulations.

RLP NO. DACA84-5-16-0049, PAGE 6

SECTION 2 ELIGIBILITY AND PREFERENCES FOR AWARD

2.01 FLOOD PLAINS

A Lease will not be awarded for any offered Property located within a 500-year floodplain unless the Government has determined that there is no practicable alternative. An Offeror may offer less than its entire site in order to exclude a portion of the site that falls within a floodplain, so long as the portion offered meets all the requirements of this RLP. If an Offeror intends that the offered Property that will become the Premises for purposes of this Lease will be something other than the entire site as recorded in tax or other property records the Offeror shall clearly demarcate the offered Property on its site plan/map submissions and shall propose an adjustment to property taxes on an appropriate pro rata basis. For such an offer, the RECO may, in his or her sole discretion, determine that the offered Property does not adequately avoid development in a 500-year floodplain.

2.02 ASBESTOS

A. Government requests space with no asbestos-containing materials (ACM), or with ACM in a stable, solid matrix (e.g., asbestos flooring or asbestos cement panels), which is not damaged or subject to damage by routine operations. For purposes of this paragraph, “space” includes the 1) space offered for lease; 2) common building area; 3) ventilation systems and zones serving the space offered; and 4) the area above suspended ceilings and engineering space in the same ventilation zone as the space offered. If no offers are received for such space, the Government may consider space with thermal system insulation ACM (e.g., wrapped pipe or boiler lagging), which is not damaged or subject to damage by routine operations.

B. ACM is defined as any materials with a concentration of greater than 1 percent by dry weight of asbestos.

C. Space with ACM of any type or condition may be upgraded by the Offeror to meet conditions described in sub-paragraph A by abatement (removal, enclosure, encapsulation, or repair) of ACM not meeting those conditions. If any offer involving abatement of ACM is accepted by the Government, the successful Offeror will be required to successfully complete the abatement in accordance with OSHA, EPA, Department of Transportation (DOT), state, and local regulations and guidance prior to occupancy.

D. Management Plan. If space is offered which contains ACM, the Offeror shall submit an asbestos-related management plan for acceptance by the Government prior to lease award. This plan shall conform to EPA guidance.

2.03 ACCESSIBILITY

The Lease contemplated by this RLP contains requirements for Accessibility. In order to be eligible for award, Offeror must either:

A. Verify in the Lease proposal that the Building, offered Space, and areas serving the offered Space meet the Lease accessibility requirements, or

B. Include as a specific obligation in its Lease proposal that improvements to bring the Building, offered Space, and areas serving the offered Space into compliance with Lease accessibility requirements will be completed prior to acceptance of the Space.

2.04 FIRE PROTECTION AND LIFE SAFETY

In order to be eligible for award, Offeror must either:

A. Verify in the Lease proposal that the Building in which Space is offered meets the local building code requirements for

Means of Egress, Automatic Fire Sprinkler System, and Fire Alarm Systems; or

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

2.05 ENERGY INDEPENDENCE AND SECURITY ACT

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

B. Unless one of the statutory exceptions listed in sub-paragraph C below applies, USACE may award a Lease for a Building only if the Building has earned the ENERGY STAR® label conferred by the U.S. Environmental Protection Agency (EPA) within the most recent year prior to the due date for final proposal revisions. The term “most recent year” means that the date of award of the ENERGY STAR® label by EPA must not be more than 1 year prior to the due date of final proposal revisions. For example, an ENERGY STAR® label awarded by EPA on October 1, 2010, is valid for all lease procurements where final proposal revisions are due on or before September 30, 2011. In lieu of the above, all new Buildings being

RLP NO. DACA84-5-16-0049, PAGE 7

specifically constructed for the Government must achieve an ENERGY STAR® label within 18 months after occupancy by the Government. In addition, Offerors of the following Buildings shall also have up to 18 months after occupancy by the Government, or as soon thereafter as the Building is eligible for Energy Star consideration, to achieve an Energy Star label:

1) All existing Buildings that have had an Energy Star label but are unable to obtain a label in the most recent year (i.e., within 12 months prior to the due date for final proposal revisions) because of insufficient occupancy; 2) Newly built Buildings that have used Energy Star’s Target Finder tool and either achieved a “Designed to Earn the Energy Star” certification or received an unofficial score (in strict adherence to Target Finder’s usage instructions, including the use of required energy modeling) of 75 or higher prior to the due date for final proposal revisions and who are unable to obtain a label in the most recent year because of insufficient occupancy; 3) An existing Building that is unable to obtain a label because of insufficient occupancy but that can produce an indication, through the use of energy modeling or past utility and occupancy data input into Energy Star’s Portfolio Manager tool or Target Finder, that it can receive an unofficial score of 75 or higher using all other requirements of Target Finder or Portfolio Manager, except for actual data from the most recent year. ENERGY STAR tools and resources can be found at WWW.ENERGYSTAR.GOV.

C. EISA allows a Federal agency to lease Space in a Building that does not have an ENERGY STAR® Label if:

1. No Space is offered in a Building with an ENERGY STAR® Label that meets RLP requirements, including locational needs;

2. The agency will remain in a Building it currently occupies;

3. The Lease will be in a Building of historical, architectural, or cultural significance listed or eligible to be listed on the

National Register of Historic Places; or

4. The Lease is for 10,000 RSF or less.

D. If one or more of the statutory exceptions applies, and the offered Space is not in a Building that has earned the ENERGY

STAR® Label within one year prior to the due date for final proposal revisions, Offerors are required to include in their lease proposal an agreement to renovate the Building for all energy efficiency and conservation improvements that it has determined would be cost effective over the Firm Term of the Lease, if any, prior to acceptance of the Space (or not later than one year after the Lease Award Date of a succeeding or superseding Lease). Such improvements may consist of, but are not limited to, the following:

1. Heating, Ventilating, and Air Conditioning (HVAC) upgrades, including boilers, chillers, and Building Automation

System (BAS)/Monitoring/Control System (EMCS).

2. Lighting Improvements.

3. Building Envelope Modifications.

NOTE: Additional information can be found on http://www.gsa.gov/leasing under “Green Leasing.”

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/buildings/facility-owners-and-managers/existing-buildings/earn-recognition/energy-star-certification (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/buildings/facility-owners-and-managers/existing-buildings/save-energy/comprehensive-approach/energy-star) and Building Upgrade Value Calculator (http://www.energystar.gov/buildings/tools-and-resources/building-upgrade-value-calculator) 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, and benchmarking with public disclosure (as provided in (I) below, 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. As described in Section 3 of the Lease, successful Offerors meeting one of the statutory exceptions above must agree to benchmark and publicly disclose the Building’s current ENERGY STAR® score, using EPA’s Portfolio Manager online software application. See the Lease for additional details.

RLP NO. DACA84-5-16-0049, PAGE 8

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

2.06 ENVIRONMENTAL CONSIDERATIONS

A. The Government requests space with no known hazardous conditions or recognized environmental conditions that would pose a health and safety risk or environmental liability to the Government.

B. Upon request by the Government, Offeror must provide all known previous uses of the Building.

C. Offeror must indicate in its written offer any known hazardous conditions or environmental releases with/from the offered

Space, Building or Property.

RLP NO. DACA84-5-16-0049, PAGE 9

SECTION 3 HOW TO OFFER

3.01 GENERAL INSTRUCTIONS

Offeror shall prepare a complete offer, using the form provided with this RLP, and submit the completed lease proposal package to the Government as indicated below.

3.02 RECEIPT OF LEASE PROPOSALS

A. Offeror is authorized to transmit its lease proposal as an attachment to an email. Offeror’s email shall include the name, address and telephone number of the Offeror, and identify the name and title of the individual signing on behalf of the Offeror. Offeror’s signed lease proposal must be saved in a generally accessible format (such as portable document format (pdf)), which displays a visible image of all original document signatures, and must be transmitted as an attachment to the email. Only emails transmitted to, and received at, the USACE email address identified in the RLP will be accepted. Offeror submitting a lease proposal by email shall retain in its possession, and make available upon USACE’s request, its original signed proposal. Offeror choosing not to submit its proposal via email may still submit its lease proposal by United States mail or other express delivery service of Offeror’s choosing.

B. In order to be considered for award, offers conforming to the requirements of the RLP shall be received in one of the following ways:

1. No later than 3:00pm HST on the following date at the following designated office and address:

Date: FRIDAY, 29 JULY 2016

Office: SARAH J. WATTS

U.S. ARMY CORPS OF ENGINEERS

Address: BUILDING 230, ROOM 318

OTAKE STREET

FT. SHAFTER, HI 96858-5440

2. No later than 3:00pm HST on the following date at the following email address:

Date: FRIDAY, 29 JULY 2016

Email Address: sarah.j.watts@usace.army.mil

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

D. Offers transmitted through email shall be deemed late if received at the designated email address after the date and time established for receipt of offers unless it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one Working Day prior to the date specified for receipt of proposals.

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

F. There will be no public opening of offers, and all offers will be confidential until the Lease has been awarded. However, the

Government may release proposals outside the Government such as to support contractors to assist in the evaluation of offers. Such Government contractors shall be required to protect the data from unauthorized disclosure.

3.03 BUDGET SCOREKEEPING; OPERATING LEASE TREATMENT

The Government will award a Lease pursuant to this RLP only if the Lease will score as an operating lease under Office of Management and Budget Circular A-11, Appendix B. Only offers that are compliant with operating lease limitations will be eligible for award.

Offerors are obligated to provide supporting documentation at the request of the RECO to facilitate the Government’s determination in this regard.

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3.04 ADDITIONAL SUBMITTALS

Offeror shall also submit with its offer the following:

A. GSA Form 3518-SAM, Addendum to System for Award Management (SAM) Representations and Certifications (Acquisitions of Leasehold Interests in Real Property). Note: This information applies to the status of the Ownership entity and not the authorized representative completing the form.

B. Evidence that the Property is zoned in compliance with local zoning laws, including evidence of variances, if any, approved by the proper local authority, or the Offeror’s plan and schedule to obtain all necessary zoning approvals prior to performance if the same have not been received at the time of submission of offers.

C. Evidence of ownership or control of Building or site. If the Offeror owns the Property being offered or has a long-term leasehold interest, documentation satisfactory to the RECO evidencing the Offeror’s stated interest in the Property and any encumbrances on the Property, shall be submitted.

D. If the Offeror does not yet have a vested interest in the Property, but rather has a written agreement to acquire an interest, then the Offeror shall submit a fully executed copy of the written agreement with its offer, together with a statement from the current owner that the agreement is in full force and effect and that the Offeror has performed all conditions precedent to closing, or other form of documentation satisfactory to the RECO. These submittals must remain current. The Offeror is required to submit updated documents as required.

E. If there is a potential for conflict of interest because of a single agent representing multiple owners, present evidence that the agent disclosed the multiple representation to each entity and has authorization from each ownership entity offering in response to this RLP package. Owners and agents in conflicting interest situations are advised to exercise due diligence with regard to ethics, independent pricing, and Government procurement integrity requirements. In such cases, the Government reserves the right to negotiate with the owner directly.

F. The Offeror must have an active registration in the System for Award Management (SAM), via the Internet at HTTPS://WWW.ACQUISITION.GOV, prior to final proposal revisions. This registration service is free of charge.

G. The Offeror must submit a valid building Certificate of Occupancy (C of O) issued by the local jurisdiction. If the building C of O is not available or the local jurisdiction does not issue a building C of O, a report prepared by a licensed fire protection engineer with their assessment of the offered space regarding compliance with all applicable local Fire Protection and Life Safety related codes and ordinances.

H. The legal description of the Property and tax ID number associated with the Property, copies of prior year tax notices and prior year tax bills, as well as any other information (such as a fact sheet, 5” wide x 3” high or larger color photograph, site plan, location map, and tax parcel map) in case of multiple tax parcels for an offered Building, and any other information that may affect the assessed value, in order for the Government to perform a complete and adequate analysis of the offered Property. The Offeror is to provide a detailed overview and documentation of any Tax Abatements on the Property as outlined in the “Real Estate Tax Adjustment” paragraph of the Lease.

I. The architectural plans for modernization, if the offered Building is not a modern Building.

J. An asbestos management plan, if the offered Building contains asbestos-containing materials.

K. Floor plan of the offered space to include:

1. All plans submitted for consideration shall include floor plan(s) for which Space is being offered and floor plan(s) of the floor(s) of exit discharge (e.g., street level(s)). Each plan submitted shall include the locations of all exit stairs, elevators, and the Space(s) being offered to the Government. In addition, where Building exit stairs are interrupted or discontinued before the level of exit discharge, additional floor plans for the level(s) where exit stairs are interrupted or discontinued must also be provided.

2. All architectural features of the Space shall be accurately shown. If conversion or renovation of the Building is planned, alterations to meet this RLP shall be indicated. Plans shall comply with all requirements outlined in this RLP and shall depict all points of building ingress/egress.

L. Advise whether there are existing vending facilities in the offered Building which have exclusive rights in the Building.

M. No later than the due date for final proposal revisions, the Offeror must submit to the RECO:

1. Evidence of an Energy Star® label obtained within the 12 months prior to the due date of final proposal revisions,

2. Offerors falling under a statutory exception must also indicate by the due date for final proposal revisions what cost effective energy efficiency and conservation improvements they are proposing to make.

3. If no cost-effective improvements can be made, the Offeror must demonstrate to the Government using the ENERGY

STAR® Online Tools referenced in the RLP paragraph, entitled “ENERGY INDEPENDENCE AND SECURITY ACT,” https://www.acquisition.gov/

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why no energy efficiency and conservation improvements are cost effective. This explanation will be subject to review by the RECO. If the explanation is considered unreasonable, the offer may be considered technically unacceptable.

4. If the Offeror is claiming eligibility for additional time to obtain the Energy Star® label per sub-paragraph B of the RLP paragraph entitled “Energy Independence and Security Act,” then the Offeror shall provide such indication with its initial offer and also must provide by the due date for final proposal revisions evidence substantiating their claim for additional time to obtain the Energy Star® label and substantiating their capability of earning the Energy Star®.

5. For new construction, the Offeror need not submit anything regarding compliance with EISA by the date of final proposal revisions, but shall be required to produce prior to the issuance of a permit for building construction a Statement of Energy Design Intent (SEDI) using Energy Star’s® Target Finder online tool reflecting an Energy Star® benchmark score of 75 or higher and a certification from EPA of being Designed to Earn the Energy Star®.

N. If the Offeror requests any deviations, the Offeror must document all deviations on the Proposal to Lease Space Form in block labeled “Additional Remarks or Conditions with Respect to this Offer.” USACE at its sole discretion will make the decision whether or not to accept the deviation. Any deviations must be requested prior to the request for final proposal revisions. If the Offeror requests any deviations, USACE at its sole discretion will make the decision whether to accept the deviation.

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SECTION 4 METHOD OF AWARD

4.01 NEGOTIATIONS

Negotiations may be conducted on behalf of the Government by the USACE RECO or designated representative. When negotiations are conducted, USACE will negotiate the rental price and any other aspect of the offer as deemed necessary. The Offeror shall not enter into negotiations concerning the Space leased or to be leased with representatives of Federal agencies other than the RECO or their designee. The RECO or their designated representative will conduct oral or written negotiations with all Offerors that are within the competitive range. The competitive range will be established by the RECO based on cost or price and other factors (if any) that are stated in this RLP and will include all of the most highly rated proposals, unless the range is further reduced for purposes of efficiency. Offerors who are not included in the competitive range will be notified in writing.

All Offerors within the competitive range will be provided a reasonable opportunity to submit revisions to their initial offer including any cost or price, technical, or other revisions that may result from the negotiations. Negotiations will be closed with submission of final proposal revisions.

4.02 AWARD BASED ON PRICE

The Lease will be awarded to the responsible Offeror whose offer conforms to the requirements of this RLP and the Lease documents and is the lowest priced technically acceptable offer submitted. If an offer contains terms taking exception to or modifying any Lease provision, the Government will not be under any obligation to award a Lease in response to that offer.

4.03 AWARD

A. To document the agreement between the parties, the successful Offeror and the USACE RECO will execute a Lease prepared by USACE, which incorporates the agreement of the parties. The Lease shall consist of the following:

1. Lease No. DACA84-5-16-0049.

2. GSA Form 3517A, General Clauses (9/2015).

3. Floor plans of the offered Space.

4. GSA Form 3518A, Representations and Certifications (Short Form) (5/2013).

B. The acceptance of the offer and award of the Lease by the Government occurs upon execution of the Lease by the RECO and mailing or otherwise furnishing written notification of the executed Lease to the successful Offeror.