ESBD_373193_1723819538906_RFP081624 - Real Estate Lease Advisory.pdf

REQUEST FOR PROPOSAL

SUMMARY

Type of Solicitation

Request for Proposal

Name of Solicitation:

Real Estate Lease Advisory Services

General Instructions To access proposal documents on Bonfire

SWK, a free registration is required.

Contact Information Josie Wilder jwilder@swkey.org

Number of Awards SWK intends to grant multiple awards based on expertise related to specific geographic regions. Respondents are invited to submit bids for one or more of the regional locations specified in Attachments H and I.

Locations Impacted

SWK will prioritize contracts with Real Estate Leasing Advisors experienced in Georgia, Texas, Arizona, New Mexico, and California. Local market knowledge is essential for successful lease negotiations, property location, and budget-aligned agreements.

Project Timeline Upon award, SWK will engage in collaboration with the successful Respondent to create a comprehensive project plan to ensure successful outcomes. This plan will address immediate and ongoing needs, ensuring efficient execution.

Encouraged Respondents

SWK prioritizes diversity and inclusivity, partnering with businesses of all sizes and backgrounds. We welcome proposals from Regional Brokers, Lease Managers, Lease Brokers, Small Businesses, Certified Diverse businesses, Property Management Firms, Commercial Real Estate Firms, and Real Estate Consultants.

Scope of Work Summary

SWK seeks proposals from experienced Real Estate Leasing Advisors to assist with lease renewals, property searches, and new lease negotiations. The selected firm will collaborate with SWK leadership to secure favorable terms and identify new locations for current leases and anticipated future leases.

Frequency of Services SWK anticipates services to be offered on an as needed basis.

Solicitation No.

081624

Date Issued

08/16/2024

PROPOSAL SUBMISSION:

Procurement Department Southwest Key Programs

6002 Jain Lane Austin, Texas 78721

Bonfire SWK

REFER INQUIRIES TO:

Bonfire SWK

REQUEST FOR PROPOSAL

RFP No. 081624

Real Estate Lease Advisory Services Southwest Key Programs

*To access proposal documents on Bonfire SWK, a free registration is required.

PROPOSALS ARE DUE: FRIDAY, AUGUST 30th, 2024 BY 5:00 PM CST

TABLE OF CONTENTS

Table of Contents

1 INTRODUCTION AND OVERVIEW

1.1 Requirements and Deliverables

1.1.1 Scope of Work

1.2 Samples/Exhibits

1.3 Subcontract Term/Option to Extend

1.4 Awarded Contracts

1.5 SWK Terms and Conditions

2 GENERAL INSTRUCTIONS AND STANDARD PROPOSAL REQUIREMENTS

2.1 Notice of Intent to Submit

2.2 Submission Of Questions

2.3 Proposal Submission, Date, and Time

2.4 Key Dates

2.5 Standard Proposal Requirements

2.6 Non-disclosure Agreements

2.7 Proposal Preparation Costs

2.8 Disclosure of Proposal Content

2.9 Vendors Conference

2.10 Conflict of Interests

3 PROPOSAL FORMAT AND CONTENT

3.1 Proposal Format and Content

3.1.1 Proposal Cover Page

3.1.2 Table of Contents

3.1.3 Response Checklist

3.2 Requirements Plan

3.3 Timelines

3.4 Cost Proposal

3.5 Respondent’s Profile and Financial Responsibility

3.6 Additional Terms and Conditions

4 REVIEW OF PROPOSALS

4.1 Review of Proposals

4.2 Selection Criteria

4.3 Discrimination

4.4 Encouraged Participants

4.5 Best and Final Offer

5 CONTRACTUAL REQUIREMENTS

5.1 Respondent’s Proposal

5.2 Material & Product Requirements

5.3 Vendor Performance

5.4 Payment

5.5 Vendor Registration in Oracle

6 Appendix

Attachment A - Terms and Conditions

Attachment B – Notice of Intent to Submit a Proposal

Attachment C – Cover Page Suggested Format for Proposal

Attachment D – Respondent Company Profile Form

Attachment E – Respondent References Form

1 INTRODUCTION AND OVERVIEW

1.1 REQUIREMENTS AND DELIVERABLES

1.1.1 Scope of Work

SWK invites detailed and comprehensive proposals from leading Real Estate Lease Brokerage firms to assist with negotiating terms for 16 existing lease renewals and/or identifying new properties. Additionally, if new properties are identified, SWK requires support in negotiating new lease agreements for these properties.

The Respondent should visit SWK’s website to gain insight into the work conducted in SWK’s shelters and to understand the specific services required. For additional information regarding SWK’s mission and values, as well as SWK’s locations, please see Attachments G, H, and I.

SWK is seeking a partner who can expertly navigate the complexities of government-funded, long-term leases and provide the following services:

Managing the renewal and negotiation of 16 property leases for 2025.

Analyzing and evaluating the business reasonability of lease renewals versus property relocation based on market trends and fair market rate analyses.

Locating and securing new properties to support SWK’s mission as needed.

While the primary focus of this RFP is to secure one or multiple partners for lease negotiation services for existing leases, property identification for relocations, and new lease negotiations, we welcome Respondents to highlight their capabilities in lease management. This includes:

Reviewing and analyzing existing leases to address inquiries from SWK staff and facilities.

Tracking lease renewal obligations and deadlines.

Providing notices for breach or non-compliance to landlords and responding to similar notices from landlords to SWK.

This general scope of work is intended as a guideline and is not exhaustive. A detailed description will be developed during negotiations with the successful Respondent. We encourage each Respondent to address each section in a narrative format within their proposal, explaining how they will structure and accomplish each task.

Qualifications

SWK is seeking a Real Estate Lease Advisor with substantial experience in assisting organizations with negotiating commercial lease terms, identifying alternative suitable properties, and new lease negotiations, if required. To be considered for this opportunity, Respondent(s) will meet the following qualifications:

Licensing and Credentials: Respondent(s) will have all necessary business licenses, professional certifications, or credentials to provide the services outlined in this RFP. Firms will maintain good standing and be capable of conducting business in multiple states, prioritizing Texas, Arizona, New Mexico, and California.

Brokerage Expertise: Respondent(s) will have a proven history of providing successful lease negotiations and property identification and leasing services over the past five (5) years, including examples with references.

Respondents are encouraged to present robust evidence of their qualifications, such as references, case studies, and any other relevant documentation demonstrating their ability to effectively assist SWK in complex leases and alternative site identification.

Regional Capability

SWK will prioritize awarding contracts to Real Estate Leasing Advisor firms with proven regional expertise in the areas where our facilities are located, with a preference in Texas, Arizona, New Mexico, and California. We believe that local market knowledge is crucial to successfully negotiating lease renewals, locating alternative properties, and negotiating new lease agreements that align with our operational needs and budgetary constraints.

Respondents are encouraged to highlight any unique insights or competitive advantages they possess in the target regions, such as relationships with local landlords, knowledge of regulatory requirements, and familiarity with government-funded, long-term lease processes.

SWK strongly encourages organizations with specialized regional expertise to apply. By emphasizing regional capabilities, we aim to partner with firms that can deliver exceptional service and value tailored to our specific geographic needs. Attachments G and I list the locations where SWK operates. We invite firms that can service any, parts of, or all these locations to submit their proposals. Respondents may bid on one or multiple regions.

Collaboration

SWK believes that effective collaboration is key to the success of our lease negotiations and the identification of new properties. The Respondent will be expected to work closely with SWK’s Legal team, Operational team (UM team), and other relevant stakeholders to ensure all leasing transactions align with SWK’s mission and operational needs. We value open communication, proactive problem-solving, and a collaborative approach to decision-making. Regular meetings, updates, and planning sessions will be essential to keep everyone aligned and informed throughout the process.

We seek a flexible and responsive partner, ready to adapt to changing requirements and able to provide expert advice to support SWK's goals.

Organizational Structure and Capacity

Provide a detailed overview of your organization, including its history, mission, and core competencies relevant to the services required.

The proposal will outline sufficient staffing and resources to manage lease negotiations effectively, new property identification and new lease negotiations, and related projects as they arise. SWK requires a detailed staffing and organizational plan to ensure adequate support and effective management.

o The plan will include the number of properties your organization’s firm currently manages.

o Specific staff members assigned to SWK's account should be identified, along with their roles and responsibilities, qualifications, background, and experience described; and o Respondents will also describe how their resources will be allocated to ensure each of

SWK’s properties receives adequate attention and service.

o Respondents must include in their submission the locations of their main offices, satellite offices, and the locations from which staff will work or be sourced. This information is essential to ensure that the Respondent can effectively perform the identified services.

The successful Respondent will demonstrate a proven track record of successful lease negotiation and new property identification, preferably with experience handling properties similar to those described in this solicitation, including childcare facilities, shelters, and government-funded non-profit programs.

o If the Respondent specializes in either residential and/or commercial properties, please ensure it is specified within the proposal submission.

o Additionally, it is mandatory to provide examples of successfully managed properties corresponding to the specialization indicated. If the Respondent has experience managing both types of properties, clearly state this in your proposal submission and include examples for each category.

Respondents will provide at least three (3) positive references from current or recent previous clients.

SWK reserves the right to request further information from the chosen broker.

Building Specifications

SWK initially requires Real Estate Lease Advisory services for 16 commercial properties in several states (Texas, Arizona, and California), including lease negotiations, market analysis, or new location identification in 2025. Additionally, if needed, the Respondent may be asked to assist with additional shelters that do not require immediate lease negotiations.

SWK reserves the right to adjust the number of shelters the brokerage firm will assist with during the agreement. This may involve helping with individual shelters one at a time or adopting a project-based phase approach. Below are the requirements for the building specifications:

Upon award, SWK will provide all documents related to building specifications as needed (sq.

footage, number of beds per facility, areas within the facility, and the maximum occupancy).

Upon award, SWK will provide information about all current leases and their expiration dates.

Capability

SWK is seeking experienced Real Estate Advisors to assist with lease negotiations and identifying and negotiating new property leases. SWK is seeking a partner(s) who can bring unique qualifications and capabilities to our organization. The Respondent will comprehensively describe their approach, emphasizing what sets them apart from other firms. This should include, at a minimum:

Techniques and Strategies: A detailed description of the techniques, strategies, and methods the Respondent will use in providing brokerage services, highlighting any unique qualifications or capabilities it possesses that distinguish them from other brokers.

Successful Projects: Examples demonstrating the success of these techniques, strategies, and methods based on the Respondent’s leasing experience.

Reporting and Technology: Samples of reports and technologies the identified broker will use to keep SWK informed of leasing efforts, market conditions, and negotiation techniques.

Scalability: The Respondent will describe their ability to scale operations up or down based on SWK’s changing needs, including the capacity to add or remove properties from the portfolio as required.

Market Familiarity: Demonstrate familiarity with the local markets in California, Arizona, and Texas, including an understanding of regional real estate trends, zoning laws, and market conditions.

Risk Management: Outline the risk management strategies and contingency plans in place to handle unforeseen challenges or market fluctuations.

Value Add Services: Any other recommendation that would enhance the value of the building leasing efforts.

Lease Advisory Services

The Respondent will be required to partner with SWK to assist with navigating the complexities of our real estate needs, focusing on lease negotiation and new site identification. The following services are essential and should be detailed within the Respondent’s proposal:

Conduct a brief assessment of each facility's competitive position in the market, including estimated rental rates.

Maintain a detailed calendar of lease-related events, including renewals, breaks, and expiries, ensuring SWK is notified well in advance.

Offer advice on necessary actions regarding upcoming lease renewals, breaks, and expiries to facilitate strategic planning and decision-making.

Coordinate lease preparation and execution with all necessary parties.

Negotiate renewal terms and conditions and letters of intent with existing landlords and negotiate new lease terms and conditions and letters of intent with prospective landlords.

Identify any anomalies or missing information within lease documents.

Provide monthly reports of leasing efforts and status (new and renewals) and relevant market conditions. These reports should include an executive summary highlighting key issues and progress.

Ensure regulatory and legal compliance, coordination, and reporting with city, state, county, and federal agencies as required.

Conduct lease cost audits, including service charges, cost benchmarking, and dispute resolution.

Provide comprehensive lease advisory services, including lease consultancy advice, lease renewals, rent reviews, and lease restructuring.

The proposal should also thoroughly describe the following aspects related to new property identification and lease negotiations:

Explain the process for requesting lease proposals in accordance with SWK Procurement and Contract rules and regulations.

Conduct a thorough assessment of potential new locations, including current headcount, staff locations, and research on relocation options.

Explore competitor locations and costs.

Collaborate with SWK to discover growth potential and establish space standards per person, including maximum occupancy.

Consider any special space requirements.

Support SWK in making informed real estate decisions.

Coordinate with SWK to analyze real estate proposals and determine the best value for SWK.

Facilitate walkthroughs with designated SWK staff for potential facilities.

Produce a report detailing the best value recommendation if multiple sites meet SWK’s requirements.

Prepare market surveys that summarize asking prices and proposed lease terms for potential sites, providing appropriate market data to assist SWK in making decisions.

Provide detailed reports on prospective properties, including conditions at the time of potential purchase (e.g., mold, asbestos, building or fire code violations, structural or hardwiring issues, or potentially hazardous conditions).

Provide information on prospective landlord performance and related compliance

It is the sole responsibility of the Respondent to perform under the contract in alignment with all SWK rules, regulations, statutes, laws, codes, regulations, orders, and policies with SWK’s funding source.

During the execution of this RFP, the selected Respondent will provide support internally as a vendor of SWK. Respondents may be engaged to assist with communicating with external parties only at SWK's request and approval.

Implementation Plan

An implementation plan and schedule describing the methods and steps by which Respondents will assume responsibility for providing real estate advisory services will be provided as part of the organization’s proposal submission. The Respondent(s) should assume a contract award in July 2024 and an effective project start date of August 2024. The plan will include specific tasks, milestones, and responsible parties that would be applicable in any type of leasing services transition, including:

Provide clear roles in strategic planning, financial evaluation and analysis, market research, analytics, and project management.

Research and acquire documents, plans, regulations, agreements, and other reports relative to local zoning requirements and market issues.

Conduct a comparative market analysis and recommend the most appropriate pricing for identified properties.

Respondents are strongly encouraged to provide a phased approach as part of their implementation plan.

At a minimum, the plan will include the following:

Analyzing existing SWK data Upon completion of the initial review, consider strategic options, including examining current lease agreement terms and highlighting any legal responsibility should SWK decide to exit.

Review the current facilities and their utilization.

Strategies for renegotiating existing leases and negotiating new lease terms for identified spaces.

Provide a projected time, including current lease negotiations and new space lease negotiations, to the move-in date.

Customer Support and Communication

The Respondent will outline clear processes for regular communication and reporting to SWK, ensuring transparency and keeping SWK well-informed of progress and market developments.

Online Reporting: Full reporting will be available online 24/7.

Respondents will describe their capability to pull reports and list what reports they are able to provide on an ad-hoc basis.

The Respondent will agree to provide a report regularly, as discussed upon contract award, preparing SWK for market changes within the next 12 months.

Reports should be provided to SWK to enhance understanding of tenant rights and improve negotiation power.

Reports will be provided from SWK’s perspective as the tenant.

The real estate advisory firm shall provide monthly status reports summarizing all assignments and tasks undertaken by the broker.

The Respondent shall coordinate with SWK Leadership regularly, as defined during the contract award, to review analyses and identify successive goals for SWK awareness and specific projects and opportunities.

At a minimum, the Respondent shall:

Attend quarterly business reviews with SWK Executives.

Describe their ability to travel to SWK’s headquarters locations (addresses provided upon award;

locations include Austin, Texas; Brownsville, Texas; Houston, Texas; and Phoenix, Arizona).

Attend weekly operations calls.

Attend weekly change management calls.

Provide weekly incident reports.

Provide monthly status reviews.

Provide time and materials reports regularly or upon request by SWK.

SWK will conduct internal analyses of the Respondent’s metrics using a scorecard and reserves the right to make informed decisions regarding the contract using the results. The scorecard will monitor:

Delivery of services Quality of services Support of services

Deliverables, including the scope of services, timelines, and specific responsibilities, will be discussed and negotiated upon award.

1.2 SAMPLES/EXHIBITS

Samples are not required for this RFP.

1.3 CONTRACT TERM/OPTION TO EXTEND

The term of any subcontract resulting from this RFP shall be from subcontract award for one fiscal year.

SWK, at its own discretion, may extend any subcontract awarded pursuant to this RFP for up to two (2) additional fiscal years under the same or similar terms subject to appropriation of funds by SWK funders or the Office of Refugee Resettlement (“ORR”) for this project.

1.4 AWARDED CONTRACTS

It is anticipated that multiple contracts will be awarded as a result of this RFP. Proposals will include a detailed cost proposal in accordance with the requirements of Section 3.4 of this RFP.

1.5 SWK TERMS AND CONDITIONS

By submitting a proposal, the Respondent is accepting SWK Terms and Conditions (https://southwestkey.org/procurement/). Any Respondent not accepting the SWK Terms and Conditions will be deemed non-responsive and not meeting the requirements of the RFP.

Appendix II to 45 CFR 75 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards shall also apply to this RFP. See Title 45 Part 75 Appendix II Code of Federal Regulations.

Respondent will also be required to adhere to all necessary Office of Refugee Resettlement (ORR) policies. Please see the ORR's Unaccompanied Children Program Policy Guide.

2 GENERAL INSTRUCTIONS AND STANDARD PROPOSAL

REQUIREMENTS

DATE EVENT

Publication of Request for Proposal Optional Notice of Intent to Submit a Proposal

Submission of Written Questions SWK Written Response to Questions

Respondent Proposal Submission Proposal Evaluation, Oral Presentations (if required), and Negotiations (if required)

August/September 2024 Anticipated Award Date Anticipated Period of PerformanceAugust/September 2024

2.5 STANDARD PROPOSAL REQUIREMENTS

A. Proposals that address only part of the requirements contained in this RFP will be considered non-responsive.

B. SWK Programs reserves the right to:

a. reject any and all proposals.

b. negotiate portions thereof including the submitted cost proposals/budget.

c. select the proposal based on the best value to the company. The Respondent shall furnish additional information that the evaluation team may require in order to complete the evaluation of the proposals submitted. Failure to provide the requested material or information will disqualify the proposal.

d. cancel or re-issue the RFP at any time.

e. request and record and/or videotape all Webinars, Web demos, conference calls, demos or other communications relative to this RFP.

C. The Respondent will work with SWK staff to clarify the design of the materials, project design,

2.1 NOTICE OF INTENT TO SUBMIT

Respondent is encouraged to submit a letter of intent to Bonfire SWK if they intend to submit a proposal in response to this RFP; however, Notice of Intent to Submit is optional. See Attachment B.

2.2 SUBMISSION OF QUESTIONS

Respondent questions shall be submitted to:

Bonfire SWK

2.3 PROPOSAL SUBMISSION, DATE, AND TIME

WITHOUT EXCEPTION – PROPOSALS WILL BE RECEIVED ON OR BEFORE:

FRIDAY, AUGUST 30th, 2024 BY 5:00 PM CST

Proposals will reference the RFP number and be submitted to Bonfire SWK by the Respondent’s point of contact. PROPOSALS RECEIVED AFTER THE DUE DATE WILL NOT BE CONSIDERED.

2.4 KEY DATES

8/16/2024 8/21/2024 8/22/2024 8/27/2024 8/30/2024 August/September 2024 project activities, and/or other products and modify these items if necessary.

D. Proposals will be valid until the RFP has closed or been awarded.

E. Proposals may be withdrawn at any time prior to the submission time specified in this RFP, provided notification is received in writing. Proposals cannot be changed or withdrawn after the time designated for receipt.

2.6 NON-DISCLOSURE AGREEMENTS

Respondent shall sign a non-disclosure agreement upon award and execution of a subcontract. All information and data furnished to the Respondent during the solicitation process shall be treated as confidential to SWK. Any oral or written disclosure to unauthorized individuals is prohibited and can be grounds for proposal dismissal and termination of any subcontract awarded.

2.7 PROPOSAL PREPARATION COSTS

All costs associated with the preparation, submission, and any other related activities before award of a subcontract resulting from there are the sole responsibility of the Respondent.

2.8 DISCLOSURE OF PROPOSAL CONTENT

Respondent may protect trade secret and confidential information from public release. If the Respondent asserts that information provided in the proposal is trade secrets or other confidential information, it will be clearly marked. Such information will be in boldface type and include the words “confidential” or “trade secret” at the top of the page.

2.9 VENDORS CONFERENCE

Respondent will protect trade secret and confidential information from public release. If the Respondent asserts that information provided in the proposal is trade secrets or other confidential information, it will be clearly marked. Such information will be in boldface type and include the words “confidential” or “trade secret” at top of the page.

SWK, at its sole discretion, may elect to host a vendor conference in relation to this RFP. A vendor conference is designed to complete the following objectives:

Review the formal solicitation and specific requirements with vendors

Allow vendors to ask clarifying questions on the formal solicitation

Respondents are encouraged to notify the Sole Point of Contact and Communications listed below, regarding participation in the conference. People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the Sole Point of Contact listed below at least seventy-two (72) hours before the meeting in order to have reasonable accommodations made by SWK.

SWK will not host a vendor conference for this RFP.

Sole Point of Contact and Communications: financeprocurementsolicitations@swkey.org.

2.10 CONFLICT OF INTERESTS

A Respondent will not be selected if there is a conflict of interest that will or may arise during the performance of its obligations under the subcontract. For this reason, Respondent’s response to this RFP will disclose any existing or potential conflicts of interest or possible issues that might create appearances of impropriety relative to the submission of a proposal from Respondent and its proposed subcontractors, possible selection as successful Respondent or its performance of the subcontract.

For purposes of this RFP, “personal relationship” is defined as a current or past connection other than a clearly contractual, business, financial, or similar relationship and includes family relationships or other connections outside simply providing a response to this RFP. These connections will be disclosed if a reasonable person could expect the connection to diminish Respondent’s independence of judgment or effectiveness in the performance of Respondent’s responsibilities to SWK Programs under the subcontract.

Connections also fall within this definition if a reasonable person could expect the connection, within the overall context of Respondent’s submission of a proposal, possible selection as successful Respondent, or its performance of the subcontract, to create an issue for the company’s consideration relative to a potential appearance of impropriety or conflict of interest.

By submitting a response, Respondent agrees that it is under a continuing duty to supplement its response under this provision and that the duty to disclosure of any conflicts of interest is an ongoing obligation throughout the term of the subcontract. If the circumstances certified by the Respondent change or additional information is obtained after submission of proposals, Respondent shall submit updated information as soon as reasonably possible upon learning of any change to their affirmation. Report conflicts of interest to:

SWK General Legal Counsel Legal@swkey.org

3 PROPOSAL FORMAT AND CONTENT

3.1 PROPOSAL FORMAT AND CONTENT

Proposals will be submitted in electronic format (i.e., Word, PDF) and include the sections referenced in Section 3. A transmittal letter will accompany the proposal and include the following details:

a) Respondent’s commitment to performing the implementation of the work within the project schedule.

b) Brief executive summary of the proposal contents.

c) A statement that the signatory of the transmittal letter has the authority to bind the Respondent.

Include name, title, and contact information.

3.1.1 Proposal Cover Page

Proposals should include a cover page which clearly states the name of the firm or organization, business address, and the name, position, and telephone number of the Respondent’s Proposal Administrator who may be contacted regarding the proposal. See Attachment C.

3.1.2 Table of Contents

Present a clear and comprehensive identification of your proposal's contents by section and page number.

3.1.3 Response Checklist

This checklist is to assist Respondent in ensuring that all information is included in their response.

Respondent will refer to the appropriate section of the RFP for detailed information on the following:

Optional Notice of Intent to Submit a Proposal Attachment B Transmittal Letter Section 3.1 RFP Cover Page Section 3.1.1 / Attachment C

Table of Contents Section 3.1.2 Requirements Plan Section 3.2 Timelines Section 3.3 Cost Proposal Section 3.4 Respondent’s Profile and Financial Responsibility Section 3.5 / Attachment D & E Current Certificate of Insurance and Completed W-9 Attachment D Additional Terms and Conditions Attachment H Evidence of Historical Underutilized Business, if applicable Section 4.2

3.2 REQUIREMENTS PLAN

Respondents will describe how their organization will meet the scope of work detailed in Section 1.3.3 and provide enough information to adequately evaluate the proposal as detailed in Section 4.2 Selection Criteria. It is recommended that the requirements plan maintain the same outline or order as the scope of work when providing detail on tenant representation.

3.3 TIMELINES

The Respondent will anticipate a project commencement date no earlier than August 2024. The Respondent will submit a task/activity plan specifying, to the degree possible, the tasks and activities which are to be undertaken. Timelines showing beginning and ending dates for each major task are to be included, as well as the name(s) of person(s) responsible for each task. Activities will be sufficiently designed and outlined in the task/activity plan to provide evidence of satisfactory delivery of services and products. Time frames will be logical and appropriate to complete all activities within the beginning and ending dates of the subcontract. Failure to meet this condition shall result in disqualification of the proposal, and the proposal shall receive no further consideration.

3.4 COST PROPOSAL

The Respondent will submit a cost proposal detailing the costs necessary to accomplish the project objectives and activities outlined in a task/activity plan. The cost proposal detail will be submitted in Excel or Excel-compatible format. Respondent should carefully consider the costs provided as changes will not be allowed during negotiations.

3.5 RESPONDENT’S PROFILE AND FINANCIAL RESPONSIBILITY

Respondent will submit a company profile detailing the following:

a) Basic organizational information, such as the size of the organization, how long the organization has been in business, whether the organization is a public or private entity, etc.

b) Location of the organization’s offices.

c) The range of services provided.

d) List of similar customers.

Respondent will submit a summary of its qualifications (not to exceed three pages). The summary should include details about the Respondent’s expertise in the area of tenant representation and lease negotiations.

Respondent will submit at least three (3) references where the Respondent provided similar services (Attachment E).

Respondent may be required to submit indicators of financial stability before award. Examples of requested documentation include:

Most recent audited financial statements or certified public accountant-compiled financial reports.

Articles of organization and/or documents of incorporation.

3.6 ADDITIONAL TERMS AND CONDITIONS

Respondents will provide any additional terms and conditions that it would like considered in addition to SWK's General Terms and Conditions. Additional terms and conditions not provided with Respondent's proposal submission will not be considered if Respondent should be awarded a contract under this RFP.

4 REVIEW OF PROPOSALS

4.1 REVIEW OF PROPOSALS

Review of proposals will begin as soon as practical after receipt. The evaluation team shall consist of SWK staff knowledgeable in the content area. The recommendations of the evaluation team will be assembled and presented to senior executive staff who will:

1. Approve the proposal in whole or in part;

2. Disapprove the proposal; or

3. Defer action on the proposal for such reasons as a requirement for further evaluation.

SWK may not disclose any information until a subcontract is executed by both parties. Additional copies of proposals not selected for funding will be destroyed in accordance with an approved Records Retention Policy.

4.2 SELECTION CRITERIA

Proposals will be selected based on the ability of each Respondent to carry out all the requirements contained in this RFP. A Respondent who is in default or otherwise not in good standing under any other current or prior subcontract with SWK at the time of selection will not be eligible for the award of this subcontract. SWK will base its selection on, among other considerations, demonstrated competence, qualifications of the Respondent, past performance, and proposed budget/cost. The following are the criteria and the total number of points for each portion of the RFP that will be applied in selecting a subcontractor.

SELECTION CRITERIA FOR SERVICES POSSIBLE

POINTS

A. Qualifications and Experience

1. The Respondent will be a licensed real estate broker in good standing capable of conducting business in multiple states, with a priority for Texas, Arizona, and California.

2. A minimum of five (5) years of experience in managing lease negotiations and brokering leases is required.

3. The Respondent will provide evidence of successful lease negotiations over the past five (5) years, including examples with references.

4. Firms must demonstrate extensive experience and a proven track record of success in the specified regions, highlighting their expertise and familiarity with local real estate markets.

Source: Section 1.3.3 Scope of Work B. Real Estate Advisory Services

1. The Respondent provided a detailed description of the techniques, strategies, and methods the Respondent will use in providing brokerage services and included examples demonstrating the success of these techniques.

2. The Respondent thoroughly described and provided samples of reports and technologies used to keep SWK informed of leasing efforts, market conditions, and negotiation techniques.

3. A thorough, phased implementation plan with specific tasks, milestones, and responsible parties applicable to any type of leasing services transition was explicitly listed and described.

Source: Section 1.3.3 Scope of Work

C. Quality of Management Component:

1. The Respondent provided detailed information regarding their role in strategic planning, financial evaluation and analysis, market research, and project management, including the ability to scale operations based on SWK’s changing needs, including adding or removing properties from the portfolio.

2. Demonstrate an understanding of regional real estate trends, zoning laws, and market conditions, and describe their ability to ensure that all activities comply with SWK’s rules and regulations, statutes, laws, codes, regulations, orders, and policies.

Source: Section 1.3.3 Scope of Work

D. Cost Effectiveness and Appropriateness of Financial Resources Dedicated to Project:

1. Costs are appropriately aligned with major program objectives

2. Costs associated with specific activities and tasks are reasonable for the work proposed.

Source: Section 3.4 Cost Proposal

E. Terms and Conditions

1. The vendor demonstrated and acknowledged a comprehensive understanding and alignment with SWK Terms and Conditions, including all required legal and ethical standards.

2. The Respondent was clear and transparent in their proposal in explaining how they will adhere to SWK Terms and Conditions and/or proposed additional terms and conditions.

F. Historical Underutilized Business:

1. Respondents who are classified as an underutilized business or use an underutilized business as a subcontractor and provide evidence of the certification (5 points).

Source: Section 4.4 Encouraged Participants

Total 100

4.3 DISCRIMINATION

No person shall, on the grounds of race, color, national origin, sex, age, disability, religion, citizenship status, genetic information, sexual orientation, gender identity, or any other protected class, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any SWK program or activity.

4.4 ENCOURAGED PARTICIPANTS

It is the policy of SWK that the following business enterprises have the maximum opportunity to participate in the purchasing and contracting process: (1) Small Businesses, (2) Women-Owned Businesses, (3) Minority-Owned Businesses, (4) Labor Surplus Area firms and (5) Veteran-Owned Businesses.

Accordingly, SWK encourages all the aforementioned business enterprises to compete for, win, and receive contracts for goods, services, and construction. Also, SWK encourages all companies to subcontract portions of any SWK subcontract to the aforementioned business enterprises.

4.5 BEST AND FINAL OFFER

When deemed appropriate, after the submission of proposals but before the final selection of the successful proposal, SWK may request a best and final offer (“BAFO”) from Respondent(s). SWK will provide each Respondent within the competitive range with an equal opportunity for discussion and revision of their proposal. A Respondent may elect not to amend their original proposal. SWK is not bound to accept the best-priced proposal if that proposal is not the most advantageous to SWK as determined by the evaluation team.

5 CONTRACTUAL REQUIREMENTS

5.1 RESPONDENT’S PROPOSAL

Portions of the selected proposal(s) may be incorporated into the subcontract prepared by SWK for signature by the contracting parties.

5.2 MATERIAL & PRODUCT REQUIREMENTS

SWK reserves the right to review any materials and/or products developed or adapted by the Subcontractor. Upon completion of the subcontract period, all documents will be returned to SWK or destroyed accordingly. All documents created at any time during the subcontract period belong to SWK. A designated SWK staff (i.e., project manager) will establish procedures for communicating phase out and transition of the deliverable(s).

5.3 VENDOR PERFORMANCE

SWK reserves the right to monitor vendor performance including, but not limited to, billing reviews, desk reviews, monitoring visits, vendor questionnaires, and requesting documents or information to validate performance.

5.4 PAYMENT

SWK’s payment terms are Net 30. Payment is only by reimbursement upon satisfactory performance of services or receipt of items. Payment is contingent upon submission of properly prepared and certified invoices. The information provided on each detailed status report will coincide with the tasks outlined in the approved budget, as negotiated by SWK.

To ensure that SWK is able to better track invoices, please include the contract number (provided upon contract award) on all invoices.

5.5 VENDOR REGISTRATION IN ORACLE

Oracle serves as the primary procurement system for SWK, including vendor management. The Successful Respondent will be required to register in Oracle. Additionally, if the Respondent is to deliver goods to SWK, the Respondent will provide SWK with a list of contracted items for integration into the item data master within Oracle upon award.

Registration instructions are available at Supplier Registration Instructions on our YouTube channel.

Vendors can register using the Supplier Portal link Supplier Registration. Once logged into Oracle, vendors can add the required vendor information, upload the requested documents, and complete the vendor questionnaire located in the Supplier Portal.

6 APPENDIX

ATTACHMENT A - TERMS AND CONDITIONS

ATTACHMENT B – NOTICE OF INTENT TO SUBMIT A PROPOSAL

ATTACHMENT C – COVER PAGE SUGGESTED FORMAT FOR PROPOSAL

ATTACHMENT D – RESPONDENT COMPANY PROFILE FORM

ATTACHMENT E – RESPONDENT REFERENCES FORM

ATTACHMENT F – RESPONDENT CHECKLIST

ATTACHMENT G – SWK MISSION AND VISION

ATTACHMENT H – SWK LOCATIONS MAP

ATTACHMENT I – SWK LIST OF LOCATIONS

1 5/17/2023

ATTACHMENT A

All Respondents must reference Southwest Key Program's vendor page for all applicable Terms and Conditions: https://southwestkey.org/procurement/

Respondents encouraged to provide redlines to SWK's Terms and Conditions as part of their proposal submission, if any.

5/17/2023

VENDOR NONDISCLOSURE AGREEMENT

This VENDOR NONDISCLOSURE AGREEMENT (this “Agreement”) is made and entered by and between Southwest Key Programs, Inc. (“SWK”), and the entity or person identified on the signature block below (“Contractor”), and governs the disclosure of Confidential Information (as defined below) between the parties.

Discloser shall mean the party disclosing the Confidential Information. Recipient shall mean the party receiving the Confidential Information.

Recipient understands that Discloser has disclosed or may disclose, either directly or indirectly in writing, orally, or by inspection of tangible objects, to Recipient information relating to Discloser’s business that is confidential or proprietary in nature, whether explicitly designated as such or which in good faith ought to be treated as such given its nature and/or the nature of the disclosure (which to the extent previously, presently or subsequently obtained by Recipient is hereinafter referred to as “Confidential Information”).

Confidential Information may include, but shall not be deemed to be not limited to, the following:

i. non-published patent applications and the information contained therein, trade secrets, inventions (whether patentable or not), discoveries and improvements;

ii. (ii) concepts, know-how, ideas, inventions, products, techniques, processes, methodologies, testing procedures, design and functional specifications, analysis and performance information, sketches, drawings, models, apparatus, equipment, user documentation, internal documentation, engineering information, hardware configuration information, technical or other representations, documentation, diagrams, schematics, flow charts, features, mode of operation and other details of products and services, and information concerning research, experimental work, development, design documents, details and specifications;

iii. (iii) software design and architecture, software programs, source code, object code and other computer code, modules, software source documents, specifications, algorithms, formulas, scripts, data, databases, and formulas related to the current, future and proposed products and services;

iv. (iv) names and expertise of directors, officers, employees and consultants;

v. (v) procurement requirements, purchasing, customer data, customer lists, customer names, suppliers and strategic partners, and lists thereof; and

vi. (vi) technical, business, financial, marketing, customer, supplier and product development plans, schedules, forecasts, strategies, analysis, budgets, materials sales, merchandising, promotional and marketing plans and information.

Without limiting the foregoing, Confidential Information also may include proprietary or confidential information of any third party who may disclose such information to Discloser in the course of Discloser’s business, and for purposes of this Agreement, as between the parties such third-party confidential information shall be deemed Discloser’s Confidential Information.

In consideration of any access Recipient may have to Confidential Information and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Recipient agrees:

ATTACHMENT A

i. to hold any Confidential Information in strict confidence and to take all reasonable precautions to protect such Confidential Information;

ii. not to divulge any Confidential Information or any information derived therefrom to any third party, including, but not limited to, any affiliated entity (even if owned or controlled by Recipient);

iii. not to make any use whatsoever at any time of any Confidential Information except solely as needed to evaluate whether to enter into a business relationship with Discloser or as otherwise specifically agreed in writing (the “Purpose,” which in no case shall be deemed to extend to allow any use by Recipient that might reasonably cause current or future commercial damage to Discloser);

iv. not to copy or create derivative works of any Confidential Information without prior written approval by Discloser;

v. not to alter or delete any proprietary legends or markings on any Confidential Information; and

vi. not to decompile, disassemble, reverse engineer or otherwise attempt to derive the composition or underlying information, structure or ideas of any Confidential Information.

2. Discloser agrees that the foregoing clauses (i), (ii), (iii), (iv), (v) and (vi) shall not apply or shall cease to apply (as applicable) with respect to any information Recipient can show as a matter of contemporaneous record and otherwise by clear and convincing evidence:

i. (a) was already in Recipient’s possession prior to disclosure by Discloser;

ii. (b) was developed by Recipient without reference to any Confidential Information;

iii. (c) was obtained from a third party who is not prohibited from transmitting the information to Recipient by a contractual, legal or fiduciary obligation to Discloser; or

iv. (d) is or becomes generally available to the public other than as a result of any action or inaction by Recipient;

Provided, however, that should any information come within any circumstance listed in the foregoing clauses (i), (ii), (iii), and (iv) it does not authorize Recipient to infringe any proprietary rights of Discloser.

Recipient may make disclosures of Confidential Information required by court order, provided Recipient promptly notifies Discloser of the disclosure requirement and cooperates with Discloser’s reasonable efforts to resist or narrow the disclosure and to obtain an order or other reliable assurance that confidential treatment will be afforded the Confidential Information.

3. Recipient agrees that it shall take all reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information. Without limiting the foregoing, Recipient shall take at least those measures that Recipient takes to protect its own most highly confidential information and shall have its employees, if any, who have access to Confidential Information sign a non-use and non-disclosure agreement in content substantially similar to the provisions hereof, prior to any disclosure of Confidential Information to such employees.

4. Recipient shall reproduce Discloser’s proprietary rights notices on any such approved copies, in the same manner in which such notices were set forth in or on the original.

5. Recipient shall immediately notify Discloser in the event of any unauthorized use or disclosure of the Confidential Information.

6. No terms in this section shall prohibit or restrict Recipient’s ability to report, in accordance with applicable law, any fraud, waste, or abuse of government funds to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.

7. Recipient is prohibited from requiring its employees or contractors to agree to confidentiality agreements or statements that prohibit or restrict the reporting of fraud, waste, or abuse.

8. Recipient agrees not to remove or export from the United States or re-export any Confidential Information or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws and regulations, including without limitation, those of the United States Department of Commerce.

9. Immediately upon (i) the decision by either party not to enter into a business relationship or (ii) the request of Discloser, Recipient will turn over to Discloser all Confidential Information and all documents or media containing any Confidential Information and any and all copies or extracts thereof. Upon Discloser’s request, Recipient will provide Discloser with a certificate attesting that all Confidential Information has been returned to Discloser. Recipient shall not be required to return or destroy any Confidential Information housed in automated backup system or if required under law to maintain records. Such Confidential Information shall continue to be controlled under this Agreement.

10. Recipient understands and agrees that nothing herein requires Discloser (i) to disclose any Confidential Information, which shall be disclosed, if at all, solely at the option of Discloser, or (ii) to proceed with a business relationship or any relationship in connection with which Confidential Information may be disclosed.

11. ALL CONFIDENTIAL INFORMATION IS PROVIDED “AS IS.” DISCLOSER MAKES NO WARRANTY, EXPRESS OR

IMPLIED, REGARDING THE TIMELINESS, ACCURACY OR COMPLETENESS OF ANY CONFIDENTIAL

INFORMATION.

12. This Agreement does not grant any rights to Recipient under any patent, copyright or other intellectual property right of Discloser, nor shall this Agreement grant Recipient any rights in or to Confidential Information except as expressly set forth herein.