RFP F09SOL00066 AMD 1.pdf

Amendment No. 1 to Real Estate Consultant

Dated: January 15, 2010

A. The due date for proposals is Monday, January 25, 2010. All references to the proposal due date in the RFP are hereby changed from September 23, 2009 to 3:00 pm Washington, DC time, Monday, January 25, 2010.

B. The following questions and answers are hereby incorporated into the RFP.

1. Question: What are the small business goals for the above referenced RFP?

Smithsonian Response:

The Smithsonian Institution’s small business goals are as follows:

Total Small Businesses - 23% 8(a) Small Disadvantaged Businesses - 3% Non-8(a) Small Disadvantaged Businesses - 5% Women-Owned Small Businesses - 5% HubZone Small Businesses - 3% Veteran-Owned Small Businesses - 3% Service Disabled Veteran-Owned Small Businesses - 3%

The overall attainment of these goals will be dependent upon the nature of the services issued under each task order.

2. Question: I was hoping to find out if: SMITHSONIANWIDE REAL ESTATE SERVICES PROVIDER, is a new opportunity or if there was an incumbent. If there is a contractor already performing these requirements could you please provide me with the following information:

Award Date, Contract #, Contractor Name, Award Amount.

Smithsonian Response: While the Institution has hired several contractors over the years to provide some of the many services listed within the RFP, this is a new opportunity for the services listed within the RFP. Further, the Institution, by way of this RFP, is attempting to consolidate all of the potential real estate needs, and have a vehicle in place for one or more providers to solely provide the services.

3. Question: Our project team was wondering if we could be provided with a listing of the expiration dates for the lease locations in the Smithsonian portfolio included with the RFP documents.

Smithsonian Response: No, a list of expiration dates for leases will not be provided at this time.

The successful Offeror(s) will be provided with this information when and if it pertains to work to be completed as part of a task order.

4. Question: Attachment J2/Smithsonian Service Contract, 30. FAR 52.219-9 Small Business

Subcontracting Plan (October 2000), Are their specific contract % goals for subcontracting with women-owned small business and/or veteran-owned small business?

Smithsonian Response: Please see the response for question #1.

5. Question: Appendix A: Scope of Services, Real Estate Provider. Would there be an interest by the Smithsonian in contracting with separate entities for services pertaining to the two service areas: strategy and brokerage? Would the Smithsonian entertain contracting with an entity to provide the scope of services under B1. Portfolio Management and Strategy only?

Smithsonian Response: The Smithsonian is most interested in having one contractor provide all of the services. However, it recognizes that all of the Smithsonian’s needs may not be adequately serviced by one contractor, and so it is open to making additional awards if that would best provide the Smithsonian with a means to have all of its potential needs covered.

6. Question: In the third paragraph of section B. Project Description, the RFP states “Offeror’s price

Proposal shall establish fully burdened hourly labor rates for all labor categories listed herein, said rates to be utilized for purposes of submitting a firm fixed cost proposal for each future Task Order.” However, in Appendix F, Schedule of Fees, the RFP states “In negotiating a Task Order, the Smithsonian will pay the actual rate for the individual proposed for the task by the Contractor provided said rate falls within the high and low fully burdened rates set below.” This indicates a cost contract arrangement.

Smithsonian Response: Offerors must submit as part of their Price Proposal, fully-burdened labor rates for all labor categories listed in the RFP. Each task order will be negotiated.

Depending on the particular tasks to be accomplished as part of the task order, the parties may decide that contractor’s compensation for the services should be based on contractor’s previously listed fully-burdened hourly rates as a (labor hours compensation), or they may decide to use those rates to negotiate a firm-fixed price for completion of the work (firm-fixed price), or they may decide that because of the nature of the work, a contingency fee arrangement is best (contingency). These are only examples, and are not meant to limit the way in which the parties may decide to set up the compensation for particular task orders. Ultimately the parties will work out the compensation, but will be at a minimum, rely on the fully-burdened labor rates included within the awarded contract.

7. Question: Are task orders to be issued as firm fixed price or cost orders? If firm fixed price, what does the phrase “will pay the actual rate for the individual proposed for the task” mean? How does it impact the requirement to develop a labor range for the identified labor categories? Also, please confirm that if task orders are firm fixed price that the mutually agreed upon payment schedule will govern payment not an individual’s actual rate.

Smithsonian Response: Please see the response for question 6. In addition, the parties may decide to set forth a payment schedule for the task order, or have payments issued as progress payments (see section G.4., page 18 of 26 of the RFP).

8. Question: On page 9 of 26, Section 1(b), Past Performance, second paragraph, it states “Offerors must submit a minimum of ten (10) references for projects for which the Offer has provided similar consulting services as envisioned in this RFP.” Under Appendices D & E it states “Do not include more than ten (10) projects…” Is ten (10) projects the maximum or minimum allowed?

Smithsonian Response: 10 projects is the maximum required.

9. Question: On Page 10 of 26, under b(ii) Key Personnel and Subcontractors, you state that we must provide each person’s employment history, including dates of employment. How far back must we go?

Smithsonian Response: Up to twenty (20) years, if applicable.

10. Question: Regarding RFP Sec. F.4.2, on Page 10 of 26, and note at Appendix F, what does the government mean by 'the actual rate for the individual proposed for the task'? Does it mean the fully burdened rate for that labor category that the contractor assigns to that individual?

Smithsonian Response: See the response for question #6. Generally speaking, yes, we are referring to the labor rate that matches the labor category for the person(s) performing the work.

11. Question: Do we need to provide key personnel for all labor categories listed in Appendix F? If so, do we also need to provide a resume for each under Tab 3b?

Smithsonian Response: Yes.

12. Question: In Appendix A, Page 5 of 14, under B.4) Miscellaneous Support Services, could you define what you mean by “project accounting”?

Smithsonian Response: Project accounting is simply stated as a line item of costs for a specific project/s.

13. Question: Page 7 of 26 states that the minimum font size shall be Times New Roman 11. Does this apply to text on graphics as well? May we use other type fonts besides Times New Roman?

Smithsonian Response: Times New Roman is the preferred font for all text; graphics are not included in this requirement.

14. Question: [General] With regard to support services, is the role of the contractor to manage, execute, or a combination of both?

Smithsonian Response: Ultimately this will depend on the particulars of the individual task orders issued.

15. Question: [General] The Appendix appears to be either missing pages or is numbered incorrectly as it begins with Page 1 of 13, ends with Page 5 of 14, and then follows with the Portfolio Composition. Are there any pages missing? There also appears to be no table I, “Portfolio”.

Smithsonian Response: The Appendices actually total 15 not 14 pages. The composition and page numbers should be as follows:

Appendix A, page 1-6. [Note page 6 is labeled Exhibit 1, Smithsonian Real Estate Portfolio] Appendices Title Page, page 7 [Note, this was inserted to introduce Appendices B-F in the .docx document] Appendix B, page 8 [Offeror’s Interim Financial Data Form] Appendix C, pages 9-11 [Contractor’s Background Form] Appendix D, page 12 [Comparable Experience Form] Appendix E, page 13 [Non-Comparable Experience Form] Appendix F, pages 14-15 [Schedule of Fees].

If an Offeror still feels they are missing a page/appendix, please contact zaratec@si.edu and the document will be resent.

16. Question: [Pages 3 and 4, Introduction and Part I], The first statement explains that the RFP “is seeking one (1) or more firms to provide professional, Smithsonian-wide real estate services for all Smithsonian museums, program offices, or units . . .” However, on page 4, Part I Section B, the RFP explains that the Smithsonian is seeking the professional services of a contractor. Does the Smithsonian intend to award to one provider or more than one?

Smithsonian Response: The Smithsonian reserves the right to award an open term contracts to one or more offerors/providers.

mailto:zaratec@si.edu�

17. Question: [Appendix, Pages 2 and 4, B.2) Transaction Management/Brokerage], How will the contractor interface with Smithsonian requests for funding from Congress with respect to any new construction project, or renovation or modernization of existing facilities? (B.1 page 2) Smithsonian Response: Contractor’s involvement may consist of input for white papers or independent analysis which would be presented to Smithsonian Institution Facilities Committee.

18. Question: [Appendix, Pages 2 and 4, B.2) Transaction Management/Brokerage], Please expand on the nature of the transaction management/brokerage services. Will the contractor be responsible for the procurement of broker services of others, or will the contractor provide brokerage services as part of its offer? (B.2.1 – Page 2) Smithsonian Response: Ideally, if the Smithsonian has a need for procuring broker services, SI would like to be able to turn to the contractor at that time, and issue a separate task order for contractor to provide said services in-house. Offerors should identify whether or not they would be able to provide these services in-house, or whether it would be subcontracted to a third party.

19. Question: [Appendix, Pages 2 and 4, B.2) Transaction Management/Brokerage], Please clarify the term “non-exclusive representative” as it relates to the numerous requests for assistance, preparation, evaluation and coordination in real estate transaction services. How does a representative differ from a broker or real estate agent for the purposes of real estate transactions?

(B.2.2 – Page 4) Smithsonian Response: A representative for purposes of this RFP may involve strategic planning or consulting services (eg: financial analysis), whereas transactional services (eg: lease negotiation) may result in the use of a “broker”.

20. Question: [Appendix, Page 4, B.3) Lease Administration], What is the current technology used by the Smithsonian for lease management? What system, if any, does the Smithsonian currently use to track real property assets, including all leasehold interests?

Smithsonian Response: Lease Administration is currently conducted utilizing the AMT Lease Database with additional in-house prepared Excel™ documents.

21. Question: [Appendix, Page 4, B.3) Lease Administration], If a system is not in place, are these documents in an electronic format (e.g. Excel)?

Smithsonian Response: Please see response in Question 20.

22. Question: [Appendix, Page 4, B.3) Lease Administration], Will the Smithsonian require document management functionality to store lease documents?

Smithsonian Response: No, the Smithsonian stores the actual lease documents internally.

23. Question: [Appendix, Page 4, B.3) Lease Administration], Is the Smithsonian requiring that their real property data interface with their financial system?

Smithsonian Response: At this time, that is not an anticipated requirement for the real property data interface.

24. Question: [Appendix, Page 4, B.3) Lease Administration], Will the Smithsonian require that the system issue invoices to both internal occupants and external tenants?

Smithsonian Response: At this time, this is not an anticipated requirement for the real property data interface.

25. Question: [Appendix, Page 4, B.3) Lease Administration], Does the system need to track only rent and common area maintenance (CAM)? Do additional operating costs need to be tracked?

Should the system manage tax records where there is a full service lease in place that for the payment of Smithsonian’s share of increases in real estate taxes?

Smithsonian Response: The Smithsonian is interested in obtaining a system that is capable of tracking all customary lease-related expenses/fees, including but not limited to, base rent, CAM, real estate taxes, additional rent (ex: security, submetered electric, etc..)

26. Question: [Appendix, Page 4, B.3) Lease Administration], For accounts payable, will the new system process the check request process and approval, or will this be handled by the accounting system?

Smithsonian Response: No, this function will continued to be handled by a separate internal SI accounting system.

27. Question: [Appendix, Page 4, B.3) Lease Administration], Does the system need to generate accounting reports (e.g., general ledger, receivable ledger, or aged receivables)?

Smithsonian Response: Yes, the generation of monthly or quarterly accounting reports is a desired feature a future lease administration system.

28. Question: [Exhibit 1, Portfolio Composition]: Please provide a list of expiration dates for the leases listed in the exhibit. Smithsonian Response: Refer to the response for question 3.

Smithsonian Response: See the response for question 3.

29. Question: [Exhibit 1, Portfolio Composition]: Do any of the leases in the exhibit contain early termination rights, or options to renew, and if so can you identify each of the properties with such provisions in the lease documents?

Smithsonian Response: Yes, provisions such as termination rights do exist within current SI leases. However, a list will not be provided at this time.

30. Question: [General Portfolio Question]: Can the Smithsonian forecast the lease acquisition workload during the initial term and subsequent option terms of the proposed contract.

Smithsonian Response: No, due to changing requirements and ad hoc transaction requests, lease acquisition workload cannot be projected at this time.

31. Question: [General Portfolio Question]: Will the contractor be expected to perform any onsite work at locations outside Washington, DC including overseas at any of the international Smithsonian facilities?

Smithsonian Response: Yes this is a possibility, depending upon the nature of work needed at a particular location.

32. Question: There are inconsistencies with the page numbering of Appendix A. Confirm that the RFP included Appendix A in its entirety and no pages were missing.

Smithsonian Response: See the response for question 15.

33. Question: What subcontractor relationship's does SI currently have which SI wants to continue going forward?

Smithsonian Response: See the response for question 1.

34. Question: The RFP mentions creating a broad strategic plan for SI's real estate.

Is there an old plan currently in place now that will be updated or is this a completely new undertaking?

Smithsonian Response: There is no old strategic plan in place. The creation of a strategic plan for Smithsonian real estate is a new and current undertaking.

35. Question: Is it possible to relate what the first couple assignments will be for the firm(s) awarded the Open Term Contract? This information would be helpful in comprising a more appropriate Subcontractor list.

Smithsonian Response: No, it is not possible at this time.

36. Question: SI is a 501(c)(3) organization which leases approximately 1.86m SF of space. Is a breakdown available for the leased space which details annual spending on real estate taxes?

Smithsonian Response: Yes, a list of annual spending on real estate taxes exist. This information will be provided to the successful Offeror(s) as it pertains to work to be completed as part of a separate task order.

37. Question: Open Term Contract paragraph H.12. Indemnification relates that "Contractor shall be responsible for all damage and expenses...caused by its negligent acts and those of its subcontractors..." What is considered a Subcontractor of [contractor] and what is considered a Subcontractor of SI?

Smithsonian Response: An Offeror that is awarded an open term contract under this RFP would be considered a contractor to the Smithsonian, as the contract for services would run from the contractor to the Smithsonian Institution. Where the contractor hires additional contractors to perform work under the contract, those entities are considered sub-contractors of the contractor, and in that case all of the requirements for subcontractors as stated within the RFP, would have to be applied or passed-thru to those subcontractors.

38. Question: What real estate technology platform, if any, is currently in use? (B.3 Lease Administration, Appendix A, Page 4).

Smithsonian Response: Please see response to question #15.

39. Question: Is an electronic copy of the Smithsonian proposal required? If so, please provide details of the electronic submission (i.e. Word format, email or CD, etc.).(E.1 Method of Submittal Page 6).

Smithsonian Response: No, please refer to the submission of proposals requirements in section E.1 of the RFP.

40. Question: Minimum Requirement 3 in Section C (page 5) comparable real estate services indicates that the services must be performed for a specific type of client (public and non-profit) to be considered Comparable. Why are Comparable Clients linked together under the Comparable Services requirement, particularly when minimum requirement 2 addresses experience with Comparable Clients?

Smithsonian Response: Minimum requirement #2 says that Offerors need to demonstrate a minimum of 5 years experience providing broad real estate services to public and non-profit clients (preferably in Washington, DC). This is distinguished from minimum requirement #3, in that minimum requirement #2 asks for those contracts that Offerors (entered into and) completed within the past 5 years which were for real estate services to public and non-profit clients.

41. Question: [Part I, F.4.1 (a) (iii.) p. 9 of 26], As a privately held firm we request an executed Non-disclosure Agreement (NDA) prior to releasing audited financial statements. Is this acceptable to Smithsonian?

Smithsonian Response: Yes, if an Offeror would prefer that the Smithsonian execute an NDA, we can do that.

42. Question: [Part I, F.4.1 (b) p. 9 of 26], It would be helpful if the Smithsonian could provide more information regarding what constitutes a Comparable experience (Appendix D) and Non-comparable experience (Appendix E)?

Smithsonian Response: Comparable experience is experience that is for the public sector and non-profit clients. Non-comparable experience then is everything else, including for corporate and special-use clients.

43. Question: [Appendix A, Exhibit 1, p. 6], Could you supply a list of the expirations of the leases

The Smithsonian currently has by year?

Smithsonian Response: Please see response to question # 3.

44. Question: Were the evaluation criteria listed in order of importance? If so, would you be able to provide the relative weighting of each or the percentage allocated for the decision process?

Additionally, would you be able to provide the weighting as it relates to technical and price?

Smithsonian Response: Refer to section I. D, Evaluation Procedures for information on the evaluation factors. The evaluation criteria are listed in descending order of importance. The specific weight for evaluation will not be identified at this time.

45. Question: Does the Smithsonian have the full faith and credit of the US Government behind its leases?

Smithsonian Response: The Smithsonian only enters into contracts for which it has funding.

46. Question: Does the Smithsonian require GSA formatted documentation for its leasing (i.e.

Solicitation for Offers, Forms 1363, 1217, 3517, 3518, etc)?

Smithsonian Response: No, the Smithsonian does not require the use of GSA formatted documentation for its leasing.

47. Question: In appendix A, the pages skip...the 1st page is 1 of 13 and then the 2nd is 2 of 14....is this just a typo or was there something that we have potentially missed?

Smithsonian Response: Please see the response for question 15.

48. Question: Would you be able to supply us with a list of the expirations of the leases The

Smithsonian currently has by year?

Smithsonian Response: Please see the response to question 3.

49. Question: We were not able to locate Appendix C. Just wanted to clarify that there was not an

Appendix missing.

Smithsonian Response: Appendix C does exist, as explained in the response for question 3. If after reviewing the RFP materials Appendix C is still un-locatable, please contact the Smithsonian immediately and another electronic copy will be sent directly.

50. Question: Would you be able to clearly define the definition of "Comparable" and "Non-

Comparable" references for us?

Smithsonian Response: Please see the response to question 42.

51. Question: Is there any credit received for including small/disadvantaged businesses as subcontractors to this proposal?

Smithsonian Response:

The apparent successful Offeror (if other than a small business) will be required to submit an acceptable subcontracting plan.. The overall attainment of these goals will be dependent upon the nature of the services issued under each task order. See Question 1.

52. Question: Do we need to submit a Small Business Subcontracting Plan with our proposal?

Smithsonian Response: Please see Part I, Section F.4.1.c.iii of the RFP which states that “if major subcontracting is contemplated, Offerors must submit a subcontracting plan. Offerors must clearly identify the parties to accomplish the various services and define their responsibilities; and shall provide letters of commitment for the parties (planned employees, subcontractor and/or consultants) involved.”

53. Question: In Appendix F: Schedule of Fees, please identify the party that will be responsible for paying the fee in each scenario. Our understanding for each of the scenarios is in parenthesis:

Lease Acquisition Services (Lessor), Sale of Property without cooperating broker (Smithsonian Institute out of closing proceeds), Sale of Property with cooperating broker (Smithsonian Institute out of closing proceeds), Lease/Sublease of Property (Smithsonian Institute).

Smithsonian Response: This is correct. Lease Acquisition Services (Lessor), Sale of Property without cooperating broker (Smithsonian Institution out of closing proceeds), Sale of Property with cooperating broker (Smithsonian Institution out of closing proceeds), Lease/Sublease of Property (Smithsonian Institution). Please note our correct name, Smithsonian Institution vs.

Institute.

54. Question: In Appendix F: Schedule of Fees, please confirm that the dollar values under Lease

Acquisition Services are annual or based on the “total value of the rent payments for the term of the lease”.

Smithsonian Response: The dollar values under Lease Acquisition Services are based on the total value of base rent payments for the term of the lease.

55. Question: In Exhibit 1 please identify the acronym “STIR”.

Smithsonian Response: STRI is the acronym for the Smithsonian Tropical Research Institute.

56. Question: Please provide a definition of “facility” in Exhibit 1. Does this mean one lease for a complex of buildings or multiple leases?

Smithsonian Response: “Facility”as stated in Exhibit 1 refers to one building; Please refer to the 3rd column for # of facilities; leases could potentially vary as there could be more than one lease at a facility (building).

57. Question: For transaction services, please provide additional information to describe the anticipated workload under this contract over the next several years. In addition, please include lease expiration dates for the lease portfolio shown in Exhibit 1.

Smithsonian Response: Please see response to question 30.

58. Question: The term “key personnel” is used throughout the RFP. For example:

Who from the firm will be responsible for managing and performing work on the contract. Key personnel are also identified further for each labor category in the technical proposal. Part I, Section F.4 1. (page 10 of 26), “key personnel” is referred to as a listing of key executives, principals, etc. responsible for managing and providing support to the contract. Part II, Section C.3 and C.3.1 (page 13 of 26), states contractor shall provide “key personnel” with the expertise and knowledge commensurate with the labor categories set below (in Section C.3.1).

Part II, Section G.2.1 (page 17 of 26), asks to identify the minimum “key personnel” labor categories. Appendix C, Part K (page 10 of 14), asks for “Key Personnel”: List Officer’s Partners and/or Owners.

If possible, please provide a distinction between the “key personnel” sections and requirements.

Smithsonian Response: As stated in Part I, Section F.4 1. (page 10 of 26), “key personnel” is refers to as a “…listing of all key executives, principals, etc. responsible for managing and providing support to the contract. Offerors shall provide a description of the key personnel and his/her responsibilities, including names, title, organization, full or part-time, and whether they are salaried employee of the organization…”

In addition, as stated in Part II, Section C.3 and C.3.1 (page 13 of 26), states contractor shall provide “key personnel” with the expertise and knowledge commensurate with the labor categories set below (in Section C.3.1). For purposes of this section Offerors shall identify those key personnel (individuals) who will serve in those labor categories which Offeror is proposing to be included in its proposal

59. Question: Does Smithsonian currently have a contract in place where a vendor (broker) provides similar transaction services as described in the RFP? If so, is the contract currently being utilized and will the vendor(s) be eligible to compete in this procurement. Please provide the company name of the current vendor(s) and indicate if Smithsonian is satisfied with the current vendor’s performance.

Smithsonian Response: No vendor is currently providing these services to the Smithsonian.

60. Question: Pursuant to Exhibit 1, most of your facilities are located in the Washington metropolitan area. Technical Proposal, Section F.4 1. addresses the Offeror’s statement of capabilities and requests among other items, location of all offices nationwide and resources available from Local Offices. Please confirm if the RFP is intended for a prime firm with offices located nationwide. And, if a firm does not have offices nationwide, how will this be evaluated by the technical board?

Smithsonian Response: The RFP is not necessarily intended for a prime firm with offices located nationwide. The successful Offeror(s) must have offices that can adequately service/cover those locations where the Smithsonian currently has facilities, or otherwise address how it intends to provide such adequate services/coverage for those Smithsonian facilities in those locations. In all cases, Offerors will be evaluated on their ability/capability to meet the requirements of the RFP.

61. Question: Appendix A, Section A, states the Smithsonian is looking for a real estate services provider and consultant with broad capabilities to perform tasks. It also states that such capabilities may be augmented through the use of subcontractors when appropriate and/or cost effective. If an offer identifies that non-transaction oriented task orders will be subcontracted, how will this be evaluated by the technical board given the workload is anticipated to be primarily transaction oriented.

Smithsonian Response: The Smithsonian anticipates that the work will be a mix of non-transactional and transactional work. If potential subcontractors are identified, the Evaluation Committee will evaluate the subcontractors accordingly based on their respective experience and expertise.

62. Question: The requirement for non-profit and corporate transaction experience is mentioned throughout the RFP. We are a boutique provider of federal lease procurement and related real estate services with a high level of specialization in federal agency real estate needs and procurement regulations. We currently have brokerage and real estate services contracts with government agencies, providing, for example, federal lease procurements to include large complex build to suit medical facilities, marine related build to suit projects, and also basic administrative, warehouse and related space throughout the country including outlying US territories. As a result, we do not provide transaction and real estate services to non-profits and corporate users. Please advise if this RFP is intended for a large brokerage firm with in-house disciplines as the tone of the RFP appears as such versus a specialized consortium of disciplines.

We do provide many of the non-transaction related services outlined in the RFP to our agency customers, however, these services are subcontracted and the SOW is developed on as needed basis.

Smithsonian Response: Each Offeror needs to address in its proposal how it will meet the requirements of the RFP as stated. If services will be subcontracted, that needs to be adequately addressed. Ultimately, the Evaluation Committee will evaluate whether the Offeror can, and how it will meet the requirements set forth in the RFP.

63. Question: Please explain the evaluation criteria of the audited financial statement and provide the minimum requirements. Again, is Smithsonian looking for a vendor of a certain size?

Smithsonian Response: No, the selection of a successful Offeror is not limited to a vendor of a certain size. The Smithsonian is interested in ensuring that a successful Offeror is a financially stable entity and looks to reviewing the audited financial statements to verify this, as well as other claims made by the Offeror.

64. Question: Could you please provide a list of the lease expirations for the spaces listed in Exhibit

1: Smithsonian Real Estate Portfolio? In the same list, could you please describe the product types of each property for both owned and leased real estate (office, industrial, other)?

Smithsonian Response: Please see response to question 3.

65. Question: In Appendix A, Section B.4, Miscellaneous Support Services, there is a list of potential real estate service areas. There was no pricing template required for these services. Should we price those services separately or simply provide an overview as to what services and resources we can perform in-house?

Smithsonian Response: Offerors should provide an overview as to what services and resources can be performed in-house.

66. Question: In Appendix A, Section B.4, Miscellaneous Support Services, what role do you envision the Contractor supplying for each of these services?

Smithsonian Response: All services (especially those listed in this section), may be requested of the successful Offeror(s) to be performed on a project specific or task order basis.

67. Question: What is the difference between Comparable Experience (Appendix D) and Non- Comparable Experience (Appendix E)?

Smithsonian Response: Please see response to question 42.

68. Question: In Section F 4.1 (b), Past Performance, are you asking for a minimum of 10

Comparable Experiences and 10 Non-Comparable Experiences (for a minimum total of 20 Experiences)?

Smithsonian Response: 10 projects for each (comparable and non-comparable) is a maximum.

69. Question: On page 4 of 26, the solicitation states that Smithsonian is seeking the professional services of a Smithsonian-wide real estate services provider/consultant (“Contractor”). In the very next paragraph, the first sentence states that “Smithsonian anticipates awarded one (1) or more open-term contracts to the successful Offeror …” Is the Smithsonian seeking one or more Contractors under this solicitation? If more than one Contractor award is anticipated, how will the resulting work be divided among the awardees?

Smithsonian Response: If more than one contract is awarded under this RFP, distribution of the work to a particular contractor will largely depend on the needs and specifications of the particular project, and the expertise, experience, strength of presence in a particular region, etc.

of the contractors. Where expertise, strengths etc. are pretty much equal between the contractors, the work for the particular task order would be competed between the contractors.

70. Question: In Appendix A, Section B.2.2, Transaction Management and Brokerage Services, the final bullet says that Contractor shall serve as a non-exclusive representative in certain real estate transactions … For individual transactions, wouldn’t the Contractor be the exclusive representative?

Smithsonian Response: Yes, but only for that particular transaction.

71. Question: In Appendix A, Section B.3, Lease Administration, you seek the Contractor’s assistance “in enhancing or re-engineering [your] current lease administration program.” Could you please describe Smithsonian’s current lease administration program including the name of the software/technology currently in place and how it is being utilized?

Smithsonian Response: Please see response to question 20.

72. Question: In Appendix A, Section B.3, Lease Administration, are you seeking assistance with

Lease Administration services or are you only requesting assistance with technology review and selection so it can be self-managed?

Smithsonian Response: The Smithsonian is seeking assistance with technology review and selection. After the system is acquired, the Smithsonian will manage it.

73. Question: In Appendix A, Section B.3, Lease Administration, will payment of rent on behalf of

Smithsonian be a part of the scope of services?

Smithsonian Response: No, the payments of rents will continue to be administrated by the Smithsonian.

74. Question: Does the Smithsonian have energy and sustainability goals they wish to incorporate into the portfolio management? If so, please describe.

Smithsonian Response: The Smithsonian has continually evolving sustainability goals that are in the identification stages from a real estate standpoint.

75. Question: Could you please describe the scope of job responsibilities for the Legal Counsel and

Paralegal labor categories?

Smithsonian Response: The Smithsonian would anticipate that certain real estate transactions be facilitated by the successful Offerors in-house legal counsel and if applicable, paralegals (e.g.

purchase and sale transactions).

76. Question: What are your primary objectives in seeking a Contractor to provide services on this portfolio? Could you prioritize your objectives (i.e., saving money on leases, improving space efficiency, instituting consistent processes around real estate, reducing annual operating expenses, etc.)?

Smithsonian Response: The most important objective in seeking a contractor to provide these services, is to obtain one or more contractors with whom the Smithsonian can readily contract on a task order basis, with minimal negotiations, to provide real estate related tasks as they arise.

All of the other listed suggestions are also very important objectives to this process.

77. Question: Does the Smithsonian have small and/or minority business usage spending goals? If the Contractor subcontracts to S/MBEs, would all dollars spent on S/MBEs count towards Smithsonian’s S/MBE spend goals?

Smithsonian Response:

Yes. See Responses to Questions 1 and 51.

C. The following new section 52.222-54 Employment Eligibility Verification is hereby added to the RFP and shall read as follows:

“52.222-54 Employment Eligibility Verification.

As prescribed in 22.1803, Insert the following clause:

EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply that is—

(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products. Per 46 CFR 525.1 (c)(2), “bulk cargo” means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.

“Employee assigned to the contract” means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803.

An employee is not considered to be directly performing work under a contract if the employee—

(1) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

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“Subcontract” means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.

“United States”, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands.

(b) Enrollment and verification requirements.

(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the

Contractor shall—

(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;

(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use

E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and

(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee’s assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of—

(i) All new employees.

(A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the

Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2) respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.

(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986, rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986, within 180 calendar days of—

(i) Enrollment in the E-Verify program; or

(ii) Notification to E-Verify Operations of the Contractor’s decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU).

(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the

E-Verify program MOU.

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(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor’s MOU and deny access to the E-Verify system in accordance with the terms of the MOU.

In such case, the Contractor will be referred to a suspension or debarment official.

(ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify.

(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.

(d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee—

(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program;

(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or

(3) Who has undergone a completed background investigation and been issued credentials pursuant to

Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors.

(e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that—

(1) Is for—

(i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or

(ii) Construction;

(2) Has a value of more than $3,000; and

(3) Includes work performed in the United States.”

D. All other terms and conditions of the RFP shall remain unchanged and in full force and effect.

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“52.222-54 Employment Eligibility Verification.