JFK Offsite RLP_June 2024.docx

TRANSPORTATION SECURITY ADMINISTRATION

REQUEST FOR LEASE PROPOSALS

NO. 70T017-24-R-RENYF001

Queens, NY Offers due by 07/20/2024

In order to be considered for award, offers conforming to the requirements of the RLP shall be received no later than [11:59 PM] [EST] on the date above. See “Receipt Of Lease Proposals” herein for additional information.

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

The information collection requirements contained in this Solicitation/Contract, that are not required by regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No. 3090-0163.

TSA TEMPLATE RLP (06/2024)

TABLE OF CONTENTS

RLP NO. XXXXXXX, PAGE 1 GSA FORM R101C (XX/13)

TSA TEMPLATE RLP (06/2024)

THE GLOBAL RLP AND LEASE TEMPLATES (GSA FORM R100 AND L100) REPLACE THE FOLLOWING LEASE MODEL DOCUMENTS:

· GSA FORMS R101B AND L201B (STREAMLINED MODEL)

· GSA FORMS R101C AND L201C (STANDARD MODEL)

· GSA FORMS R102 AND L202 (SUCCEEDING/SUPERSEDING MODEL)

THE GLOBAL RLP TEMPLATE (R100) COMBINES LANGUAGE FROM THESE 3 MODELS INTO ONE DOCUMENT.

UNLIKE FORMER MODEL TEMPLATES, THIS GLOBAL TEMPLATE ALLOWS THE LS/LCO GREATER FLEXIBILITY TO CHOOSE AMONG PARAGRAPHS AND SUBPARAGRAPHS TO MEET THE REQUIREMENTS OF EACH INDIVIDUAL LEASE ACQUISITION.

FOLLOWING THE BLUE “HIDDEN” TEXT, THE LS/LCO SHALL SELECT THE APPROPRIATE PARAGRAPH AND/OR SUBPARAGRAPH TO ALLOW FOR SUCH DIFFERENCES AS:

· TI PRICING: EITHER TURNKEY OR ALLOWANCE BASED

· METHOD OF AWARD: COMMUNICATING INTENT TO SEEK EITHER A SOLE SOURCE OR COMPETITIVE PROCUREMENT*

· TYPE OF DID DELIVERY SYSTEM (GOVERNMENT –PROVIDED, LESSOR PROVIDED, WORKSHOP, PRE-AWARD)

· LEVEL OF BUILD-OUT REQUIRED

*NOTE: PER LEASING DESK GUIDE (LDG) CHAPTER 5, THERE MAY BE INSTANCES WHERE DISCLOSURE OF THE GOVERNMENT’S INTENT TO SECURE A SOLE SOURCE LEASE WOULD IMPOSE UNDUE FINANCIAL RISK ON THE GOVERNMENT. IN THESE INSTANCES, THE LS/LCO SHOULD SELECT PARAGRAPHS THAT IMPLY COMPETITION.

ALL PARAGRAPHS ARE MANDATORY UNLESS OTHERWISE NOTED IN THE HEADING. MANDATORY PARAGRAPHS MAY BE ALTERED AT THE DISCRETION OF THE LCO ONLY AFTER CONSULTATION WITH REGIONAL COUNSEL AND THE APPROPRIATE SUBJECT MATTER EXPERT, E.G., REGIONAL FIRE PROTECTION ENGINEER, REGIONAL ENVIRONMENTAL QUALITY ADVISOR, REGIONAL HISTORIC PRESERVATION OFFICER, BUT THE MANDATORY PARAGRAPHS MUST CONTAIN SUBSTANTIALLY THE SAME INFORMATION.

ACTION REQUIRED: TYPE IN RLP NO. AND DATE. edit footers to include rlp no.

NOTE: DRAFT RLPS MUST BE REVIEWED PRIOR TO ISSUANCE, AS FOLLOWS:

BY NOL ZONE MANAGER:

· PROSPECTUS-LEVEL

BY REGIONAL COUNSEL:

· PROSPECTUS-LEVEL

· BEST VALUE TRADE-OFF ABOVE SLAT

· AGGREGATE VALUE OF $20M OR MORE

REQUEST FOR LEASE PROPOSALS

NO. 70T017-24-R-RENYF001

TSA RLP TEMPLATE (JUN 2024)

STATEMENT OF REQUIREMENTS

GENERAL INFORMATION (OCT 2020)

action required: SELECT THE APPROPRIATE version of SUB-paragraph ADelete Alternate Version.

version 1: Use FOR COMPETITIVE ACTIONS OR FOR SOLE SOURCE ACTIONS WHERE THE LCO DETERMINES THAT DISCLOSURE TO THE CURRENT LESSOR OF THE SOLE SOURCE NATURE OF THE PROCUREMENT IMPOSES UNDUE FINANCIAL RISK UPON THE GOVERNMENT.

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

VERSION 2: USE FOR NON-COMPETITIVE SUCCEEDING OR SUPERSEDING LEASE ACTIONS AT THE CURRENT LOCATION.

B. Included in the RLP documents is a lease template setting forth the lease term and other terms and conditions of the Lease contemplated by this RLP and a TSA Proposal to Lease Space (TSA Form 1364) on which Offeror shall submit its offered rent and other price data, together with required information and submissions. The Lease paragraph titled “Definitions and General Terms” shall apply to the terms of this RLP.

C. Do not attempt to complete the lease template TSA Template L100. Upon selection for award, TSA will transcribe the successful Offeror’s final offered rent and other price data included on the GSA Form 1364 into the lease and transmit the completed Lease, including any appropriate attachments, to the successful Offeror for execution. Neither the RLP nor any other part of an Offeror’s proposal shall be part of the Lease except to the extent expressly incorporated therein. The Offeror should review the completed Lease for accuracy and consistency with his or her proposal, sign and date the first page, initial each subsequent page of the Lease, and return it to the Contracting Officer (CO).

D. The Offeror's executed Lease shall constitute a firm offer. No Lease shall be formed until the LCO executes the Lease and delivers a signed copy to the Offeror.

AMOUNT and type of space, lease term, AND OCCUPANCY DATE (OCT 2016) action required: SELECT THE APPROPRIATE version of SUB-paragraph A. Delete Alternate Version.

version 1: Use for competitive actions or sole source actions for a new or new/replacing lease.

action required: leasing specialist to input the required ABOA SF range.

for projects subject to an approved prospectus, add the following sentence and input as applicable: “the government will not award a lease that exceeds XXX rentable square feet (rsf).”

NOTE: RLPS FOR PROSPECTUS-LEVEL PROJECTS MUST BE REVIEWED BY THE NOL ZONE MANAGER and regional counsel PRIOR TO ISSUANCE.

A. The Government is seeking a minimum of +/- 39,000 of American National Standards Institute/Building Owners and Managers Association (ANSI/BOMA) Office Area (ABOA) square feet (SF) of space within the Area of Consideration set forth below. Contiguous space is preferred however, space located on multiple floors will be considered. See Section 2 of the Lease for applicable ANSI/BOMA standards.

version 2: Use for apparent sole source succeeding/superseding lease actions involving the current space.

action required: leasing specialist to input the required (current) ABOA SF.

for projects subject to an approved prospectus, add the following sentence and input as applicable: “the government will not award a lease that exceeds XXX rentable square feet (rsf).”

NOTE: RLPS FOR PROSPECTUS-LEVEL PROJECTS MUST BE REVIEWED BY THE NOL ZONE MANAGER and regional counsel PRIOR TO ISSUANCE.

B. The Space shall be located in a modern quality Building of sound and substantial construction with a facade of stone, marble, brick, stainless steel, aluminum or other permanent materials in good condition and acceptable to the LCO. If not a new Building, the Space offered shall be in a Building that has undergone, or will complete by occupancy, modernization or adaptive reuse for the Space with modern conveniences.

action required: leasing specialist to input the required parking spaces.

C. The Government requires 155 parking spaces which includes 70 reserved parking spaces must be in accordance with the Security Requirements set forth in the Lease. Offeror shall include the cost of this parking as part of the rental consideration.

D. As part of the rental consideration, the Government may require use of part of the Building roof for the installation of antenna(s). If antenna space is required, specifications regarding the type of antenna(s) and mounting requirements are included in the agency requirements information provided with this RLP.

VERSION 2: required whenever the requirement 1) involves less than 100 occupants; AND, 2) under 15,000 RSF of space.

E. The Government may provide vending machines within the Government's leased area under the provisions of the Randolph-Sheppard Act (20 USC 107 et. seq.). If the Government chooses to provide vending facilities, the Government will control the number, kind, and locations of vending facilities and will control and receive income from all automatic vending machines. Offeror shall provide necessary utilities and make related alterations. The cost of the improvements is part of Tenant Improvement (TI) costs. The Government will not compete with other facilities having exclusive rights in the Building. The Offeror shall advise the Government if such rights exist.

ACTION REQUIRED: ENTER THE TERM, FIRM TERM, TERMINATION NOTICE PERIOD, AND REQUIRED RENEWAL OPTIONS. THESE TERMS AND THE TERMS STATED IN THE LEASE MUST BE CONSISTENT.

NOTE: IF SEEKING FIRM TERM RENEWAL OPTIONS, INCLUDE OPTIONAL LANGUAGE (“FIRM”) AND CHANGE FROM HIDDEN BLUE TO VISIBLE BLACK TEXT.

DELETE REFERENCE TO RENEWAL OPTIONS, IF NOT REQUIRED.

F. The lease term shall be 10 Years, 5 Years Firm, with Government termination rights, in whole or in parts, effective at any time after the Firm Term of the Lease by providing not less than 180 days’ prior written notice. This Lease may be renewed at the option of the Government for One (1), Five (5) year[OPTIONAL firm ] term. The Government reserves the right in the Lease to not include an option, or to reduce the length of an option, if inclusion of the option would cause the Lease to score as a capital lease, in accordance with the Budget Scorekeeping: Operating Lease Treatment paragraph of this RLP. Should the Government make the determination to modify the term or option(s), an amendment to the RLP will be issued.

ACTION REQUIRED: INSERT ANTICIPATED LEASE TERM COMMENCEMENT DATE. FOR SUCCEEDING LEASES, THE LEASE COMMENCEMENT DATE SHOULD BE THE NEXT DAY AFTER THE CURRENT LEASE EXPIRES.

G. The Lease Term Commencement Date will be on or about 05/01/2025, or upon acceptance of the Space, whichever is later.

ACTION REQUIRED:

use this paragraph for competitive actions or sole source actions for a new or new/replacing lease. delete for sole source succeeding or superseding lease actions remaining at the current location.

action required: FILL IN THE DESIGNATED AREA OF CONSIDERATION (delineated area).

DELETE NORTH, SOUTH, EAST, WEST BOUNDARIES IF NOT USING. ATTACH EXHIBIT OR iNSERT .PDF OF MAP WITH BOUNDARIES IF AVAILABLE.

area of consideration (OCT 2021)

The Government requests Space in an area bounded as follows:

Buildings with Property boundaries on the boundary streets are deemed to be within the delineated Area of Consideration.

action required – optional paragraph agency special or specific requirements, program of requirements, etc. are usually included in section 7 of the lease portion of the RLP package, or included as a separate attachment.

use this unique requirements paragraph for features that a building or property must have to adequately accommodate the agency’s requirements (go/no-go CRITERIA.

examples include column spacing, floor location (e.g., “no below grade space will be considered,” space contiguity requirements, etc.

Not necessary if these criteria are addressed ELSEWHERE in the RLP package.

unique requirements (OCT 2021)

The offered Building and/or Property must have the following features as a minimum requirement:

A. Back -up power

B. Loading dock or designated place to receive supplies

ACTION REQUIRED:

CHOOSE ONE OF THE FOLLOWING 3 SUB-PARAGRAPHS.

NOTE: LEASE CONTRACTING OFFICER/LEASING SPECIALIST MAY DELETE THIS SUB-PARAGRAPH ENTIRELY IN MARKETS WHERE NO PUBLIC TRANSPORTATION IS AVAILABLE, OR WHERE PROHIBITED BASED ON AN AGENCY’S MISSION NEED (E.G., ATF SPACE WHERE EXPLOSIVE MATERIAL IS STORED OR DOD SPACE REQUIRED TO BE BY A BLACK FIBER OPTIC LINE).

NOTE: THE LEASE CONTRACTING OFFICER/LEASING SPECIALIST MAY ALSO REVISE THE DISTANCES AND TRIPS STATED WITHIN THIS SUB-PARAGRAPH BASED ON AN AGENCY’S WRITTEN JUSTIFICATION OF MISSION NEED OR WHAT TYPE OF PUBLIC TRANSPORTATION IS AVAILABLE WITHIN THE MARKET.

VERSION 1: (SUBWAY, LIGHT RAIL, OR BUS RAPID TRANSIT (BRT) SERVICE REQUIREMENTS)

NOTE: USE WHERE SUBWAY, LIGHT RAIL, OR BRT SERVICE EXISTS (REGARDLESS OF WHETHER OR NOT PUBLIC BUS SERVICE, STREETCAR, OR COMMUTER RAIL EXISTS).

NOTE: THIS SUB-PARAGRAPH REFLECTS THE OPTIMUM LEVEL OF TRANSIT.

ACTION REQUIRED: The list of attachments is not comprehensive. Adjust the list as appropriate for the specific transaction.

for BROKER projects, G-rex contains a template for the broker commission agreement. This template must be included as aN RLP attachment, and be included with the documents that comprise an offeror’s INITIAL offer. HOWEVER, THE SIGNED COMMISSION AGREEMENT IS NOT ATTACHED TO THE FINAL LEASE AGREEMENT.

Fill in appropriate security level (I-IV).

FOR TI TURNKEY PRICING, LCO MAY REQUIRE OFFERORS TO FILL OUT TENANT IMPROVEMENT UNIT PRICE LIST.

Note: exhibits should be labeled with sequential letters the LCO may decide it is more suitable to incorporate some extensive or sensitive documents by reference, for example, the courts design guide see seismic paragraph instructions to deteRmine whether seismic submittals are required.

Note: for turnkey pricing, the attached requirements must be agency specific requirements (ASR) NOTE: ONLY INCLUDE “FOREIGN OWNERSHIP AND FINANCING REPRESENTATION” FOR FSL III, IV or V (see google SITE or g-rex template library FOR FORM). OTHERWISE, DELETE. yOU MUST NOTIFY CLIENT AGENCY PRIOR TO AWARD IF THE REPRESENTATION DISCLOSES FOREIGN OWNERSHIP OR FINANCING.

LIST OF RLP DOCUMENTS (OCT 2021)

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

DOCUMENT NAME

NO. OF PAGES

SAM.GOV REGISTRATION confirmation (Please Provide you’re your returned proposal) [FOR TURNKEY BSAC ONLY]

PROVIDED POST AWARD: [IF USING THE GSA BROKER CONTRACT]

TSA PROGRAM OF REQUIREMENTS

TSA CONSTRUCTION SCOPE OF WORK

TSA OFFICE OF PHYSICAL SECURITY SCOPE OF WORK (TSAPHYSEC)

TSA INFORMATION TECHNOLOGY (IT) SCOPE OF WORK

ACTION REQUIRED. SUB-PARAGRAPH B ONLY APPLIES FOR RLP PACKAGES POSTED ON CONTRACT OPPORTUNITIES MODULE IN SAM.GOV WHERE THE RLP PACKAGE INCLUDES A SENSITIVE ATTACHMENT THAT THE LCO PREFERS TO ISSUE MANUALLY INSTEAD OF LOCKING ACCESS TO THIS ATTACHMENT WITHIN THE SAM.GOV APPLICATION. OTHERWISE, DELETE.

IF CHOOSING THIS APPROACH, SUBSTITUTE A GENERIC ATTACHMENT WITHIN THE POSTED PACKAGE THAT DIRECTS OFFERORS TO CONTACT THE GOVERNMENT TO OBTAIN THE INFORMATION.

NOTE: IN THE EVENT THAT FUTURE POLICY MANDATES THE POSTING OF RLP PACKAGES ON SAM.GOV, LCOS MAY NOT USE THIS APPROACH TO EXCLUDE POSTING OF THE RLP ITSELF OR NON-SENSITIVE RLP ATTACHMENTS.

AMENDMENTS TO THE RLP (JUN 2012)

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

LEASE DESCRIPTION (OCT 2021)

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

B. The Lease contemplated by this RLP includes:

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

ACTION REQUIRED: Select the appropriate sub-paragraph d. DELETE ALTERNATE VERSIONS.

version 1: If using ti ALLOWANCE pricing.

Note: if seeking offers that are not fully-serviced, revise reference to “fully serviced lease” under first sentence, as macro will not change this text.

D. The Lease contemplated by this RLP is a fully serviced Lease. Rent shall be based upon a proposed rental rate per Rentable Square Foot (RSF), limited by the offered rate and the maximum ABOA SF solicited under this RLP. Although certain Tenant Improvement (TI) requirements information is provided with this RLP and will be incorporated into the Lease, the TIs to be delivered by the Lessor will be based on the final design to be developed after award of the Lease, which reflects the Agency’s full requirements. The Lessor shall design and build the TIs and will be compensated for TI costs, together with design and project management fees to be set under the Lease. Although the TI requirements will not be developed fully until after award, Offerors shall provide the allowance stated in the Tenant Improvement Allowance paragraph of the Lease.

Unless the Government prepares Design Intent Drawings (DIDs), after award the Lessor must prepare DIDs for the leased Space conforming to the lease requirements and other Government-supplied information related to the client agency’s interior build-out requirements. The Government will have the opportunity to review the Lessor's DIDs to determine that the Lessor's design meets the requirements of the Lease. Only after the Government approves the DIDs and a final price for TIs is negotiated will the Lessor be released to proceed with buildout. The Lease also provides that the Government may modify the TI requirements, subject to the Lessor's right to receive compensation for such changes.

VERSION 2: IF USING TI TURNKEY PRICING WITH DIDS PREPARED BY LESSOR AFTER AWARD.

Note: if seeking offers that are not fully-serviced, revise reference to “fully serviced lease” under first sentence, as macro will not change this text.

After award, the Lessor must prepare Design Intent Drawings (DIDs) for the leased Space conforming to the Agency Specific Requirements. The Government will have the opportunity to review the Lessor's DIDs to determine that the Lessor's design meets the requirements of the Lease. Only after the Government approves the DIDs will the Lessor be released to proceed with buildout. The Lease also provides that the Government may modify the TI requirements, subject to the Lessor's right to receive compensation for such changes.

Version 3: If Using ti turnkey pricing With dids PREPARED BY OFFERORS PRIOR TO AWARD.

Note: if seeking offers that are not fully-serviced, revise reference to “fully serviced lease” under first sentence, as macro will not change this text.

E. Upon completion and acceptance of the leased Space, the Space will be measured for establishing the actual annual rent, and the lease term shall commence. In instances involving an incumbent Lessor where the Government commences the lease term pending completion of TI and/or BSAC alterations, the Government shall withhold TI and/or BSAC rent pursuant to Section 1 of the Lease until such time as the TI and/or BSAC is completed and accepted by the Government. During the term of the Lease, rent will be adjusted for changes to the Lessor's operating costs and real estate taxes, pursuant to paragraphs set forth in the Lease.

F. Offerors are advised that doing business with the Government carries special responsibilities with respect to sustainability, fire protection and life safety, and security, as well as other requirements not typically found in private commercial leases. These are set forth both in the lease template and in the TSA Form 3517B, and will be made part of the Lease.

RELATIONSHIP OF RLP BUILDING MINIMUM REQUIREMENTS AND LEASE OBLIGATIONS (OCT 2016)

The Lease establishes various requirements relating to the Building shell. Such requirements are not deemed TIs. There are certain Building requirements that are established as minimum requirements in this RLP. If the Lessor's Building does not meet the requirements at the time of award, the Lessor may still be awarded the Lease. However, as a condition of award, the Government will require Lessor to identify those Building improvements that will bring the Building into compliance with RLP requirements. Upon award of the Lease, completion of those Building improvements will become Lease obligations.

pricing of SECURITY requirements

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

ACTION REQUIRED: SELECT THE APPROPRIATE SUB-PARAGRAPH B. Delete alternate version.

VERSION 1: (FOR FSL I AND FIXED BSAC TURNKEY PRICING BEFORE AWARD)

action required: for fsl i only, keep first sentence of sub-paragraph b and delete the remainder of sub-paragraph b, which discusses the security unit price list. for FIXED BSAC PRICING, keep all of sub-paragraph b.

B. The final list of security countermeasures will be determined during the design phase and identified in the design intent drawings and construction documents. After completing the construction documents, the Lessor shall submit a list of the itemized costs. Such costs shall be subject to negotiation.

C. There shall be no charge to the Government for any items that already exist in the offered Building or facility.

ACTION REQUIRED: USE FOR COMPETITIVE ACTIONS OR SOLE SOURCE ACTIONS FOR A NEW OR NEW/REPLACING LEASE. DELETE FOR SOLE SOURCE SUCCEEDING OR SUPERSEDING LEASES AT CURRENT LOCATION.

NOTE: DURING THE MARKET SURVEY, THE LCO MUST INQUIRE AS TO THE PREVIOUS USE(S) OF THE PROPERTY. IF THE PREVIOUS USE OF THE PROPERTY WAS OTHER THAN TYPICAL GENERAL USE (OFFICE) SPACE, (FOR EXAMPLE, WAREHOUSE, LABORATORY, INDUSTRIAL FACILITY, LAUNDRY FACILITY, DRY CLEANER, GAS STATION, OR CONTAINED FUELING PUMPS, ETC.), THE LCO MUST CONSULT WITH THE REGIONAL ENVIRONMENTAL PROFESSIONAL AND LEGAL COUNSEL TO DETERMINE IF THE OFFERED SPACE POSES ANY ENVIRONMENTAL RISK TO THE GOVERNMENT.

INSPECTION—RIGHT OF ENTRY (OCT 2021)

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

1. Inspecting, sampling, and analyzing of suspected asbestos-containing materials and air monitoring for asbestos fibers, and/or reviewing similar existing Offeror records.

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

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

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

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

ACTION REQUIRED: INSERT INFORMATION FOR LCO AND ALTERNATE GOVERNMENT CONTACT.

AUTHORIZED REPRESENTATIVES (OCT 2020)

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

Lease LCO:

Tasha R. Hill 200 West Parkway Drive, Egg Harbor Township, NJ 08234 703-483-5479 Tasha.Hill@tsa.dhs.gov

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

Alternate Government Contact:

Anthony Alberici 200 West Parkway Drive, Egg Harbor Township. NJ 08234 609-617-7150 Anthony.Alberici@tsa.dhs.gov

ACTION REQUIRED: INCLUDE THIS PARAGRAPH ONLY IF THE BROKER CONTRACT WAS USED. otherwise, delete.

north american industry classification system (NAICS) CODE and small business size standard (oCT 2020)

A. The North American Industry Classification System (NAICS) code for this acquisition is 531120, unless the real property is self-storage (#531130), land (#531190), or residential (#531110).

B. The small business size standard for the applicable NAICS code is found https://www.sba.gov/size-standards/.

UNIQUE ENTITY IDENTIFIER (oCT 2021)

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers. If an offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one.

A.

ELIGIBILITY AND PREFERENCES FOR AWARD

ACTION REQUIRED: USE FOR COMPETITIVE ACTIONS OR SOLE SOURCE ACTIONS FOR A NEW OR NEW/REPLACING LEASE. DELETE FOR SOLE SOURCE SUCCEEDING OR SUPERSEDING LEASES AT CURRENT LOCATION.

Efficiency of Layout (Aug 2011)

A. In order to be acceptable for award, the offered Space must provide for an efficient layout as determined by the CO.

B. To demonstrate potential for efficient layout, TSA may request the Offeror to provide a test fit layout at the Offeror’s expense. The Government will advise the Offeror if the test fit layout demonstrates that the Government's requirement cannot be accommodated within the Space offered. The Offeror will have the option of increasing the ABOA square footage offered, if it does not exceed the maximum ABOA square footage in this RLP offer package. If the Offeror is already providing the maximum ABOA square footage and cannot house the Government's space requirements efficiently, then the Government will advise the Offeror that the offer is unacceptable.

ACTION REQUIRED: USE FOR COMPETITIVE ACTIONS OR SOLE SOURCE ACTIONS FOR A NEW OR NEW/REPLACING LEASE. DELETE FOR SOLE SOURCE SUCCEEDING OR SUPERSEDING LEASES AT CURRENT LOCATION. NOTE: REMOVAL OF THIS PARAGRAPH DOES NOT REMOVE THE REQUIREMENT TO OBTAIN A FLOODPLAIN CHECK.

ACTION REQUIRED: PARAGRAPH DEFAULTS TO A “BASE” STANDARD OF “100-YEAR” FLOODPLAIN DESIGNATION. IF AGENCY DESIGNATES THIS AS A CRITICAL ACTION (DEFINED AS ANY ACTIVITY OR ACTION FOR WHICH EVEN A SLIGHT CHANCE OF FLOODING WOULD BE TOO GREAT), USE 500-YEAR FLOODPLAIN INSTEAD. EXAMPLES OF CRITICAL ACTIONS INCLUDE, BUT ARE NOT LIMITED TO: STORAGE OF IRREPLACEABLE RECORDS; STORAGE OF VOLATILE, TOXIC, OR WATER-REACTIVE MATERIALS; CONSTRUCTION OR OPERATION OF HOSPITALS AND SCHOOLS; CONSTRUCTION AND OPERATION OF UTILITIES AND EMERGENCY SERVICES THAT WOULD BE INOPERATIVE IF FLOODED; STORAGE OF NATIONAL STRATEGIC AND CRITICAL MATERIALS; ACQUISITION OF HEALTH FACILITIES FOR CLIENT AGENCIES; CHILD CARE FACILITIES; AND PUBLIC BENEFIT CONVEYANCES FOR SCHOOLS, PRISONS, AND SOME OTHER INSTITUTIONAL USES.

FLOOD PLAINS (OCT 2021)

A Lease will not be awarded for any offered Property located within a 100-year floodplain unless the Government has determined that there is no practicable alternative. An Offeror may offer less than its entire site in order to exclude a portion of the site that falls within a floodplain, so long as the portion offered meets all the requirements of this RLP and does not impact the Government’s full use and enjoyment of the Premises. If an Offeror intends that the offered Property that will become the Premises for purposes of this Lease will be something other than the entire site as recorded in tax or other property records the Offeror shall clearly demarcate the offered Property on its site plan/map submissions and shall propose an adjustment to property taxes on an appropriate pro rata basis. For such an offer, the Government may determine that the offered Property does not adequately avoid development in a 100-year floodplain.

In addition, a Lease will not be awarded for any offered Property adjacent to 100-year floodplain, where such an adjacency would, as determined by the Government, restrict ingress or egress to the Premises in the event of a flood, unless there is no practicable alternative.

The following are exempt from the Seismic Standards and all seismic leasing paragraphs, and the attachments can be deleted:

· The lease is for less than five (5) years,

· The lease is for building structures that are intended only for incidental human occupancy (occupied by People for two hours or less per day),

· Detached one- and two-family dwellings located where SDS < 0.4 g.

(check with the regional seismic engineer to determine the seismicity of the delineated area), or

· The delineated area is in the Green Area (low and very low seismicity) in the seismic leasing requirements map

· (see below for map and Additional instructions).

The above map designates the leasing seismic areas.

locate the delineated area on the RP8 Seismicity EXEMPTION Map, which is available at https://www.gsa.gov/real-estate/design-construction/engineering-and-architecture/seismic-structural-engineering . If it is clearly in the Green, yellow, or red areas, follow the instructions below. If the location is close to a border of two areas, cONTACT the regional SEISMIC engineer for assistance with determining which area the building is located in.

GREEN AREA

if the delineated area lies in an area of low and very low seismicity, the project is exempt from the requirements of RP 8.

action required: DELETE the following paragraphs FROM THE RLP:

· SEISMIC SAFETY FOR EXISTING CONSTRUCTION – moderate seismicity

· SEISMIC SAFETY FOR EXISTING CONSTRUCTION – HIGH seismicity

DO NOT ATTACH the offer form package, seismic requirements, TO THE RLP/LEASE OFFER PACKAGE.

YELLOW AREA

if the delineated area lies in an area of moderate seismicity, the project is Subject to the requirements of RP 8. The one exception is THAT A building containing less than 10,000 ABOA SF rented by the Government IS exempt. Because the Federal Government, including GSA, agencies with delegated authority, or agencies with statutory authority, may have other ongoing procurements or existing leases in the delineated area, Offerors must represent that, if awarded this lease, the OFFERED building wILL have LESS THAN 10,000 ABOA SF of space leased to the Federal Government. this is covered in the Moderate seismicity paragraph, sub-paragraph B.1.

action required:

include in the rlp:

· SEISMIC SAFETY FOR EXISTING CONSTRUCTION – moderate seismicity

DELETE FROM THE RLP:

· SEISMIC SAFETY FOR EXISTING CONSTRUCTION – HIGH seismicity action required: ATTACH the offer form package, seismic requirements, TO THE RLP/LEASE OFFER PACKAGE:

RED AREA

if the delineated area lies in an area of high and very high seismicity, the project is subject to the requirements of RP 8. the one exCEPTION IS THAT A one-story building of steel light frame or wood construction with less than 3,000 ABOA SF of space in the building IS EXEMPT. this is covered in the high seismicity paragraph, SUB-Paragraph B.1.

action required: DELETE the following FROM THE RLP:

· SEISMIC SAFETY FOR EXISTING CONSTRUCTION – moderate seismicity include in the rlp:

· SEISMIC SAFETY FOR EXISTING CONSTRUCTION – HIGH seismicity action required: ATTACH the offer form package, seismic requirements, TO THE RLP/LEASE OFFER PACKAGE:

SEISMIC SAFETY – moderate seismicity (OCT 2021)

A. The Government intends to award a Lease to an Offeror of a Building that is in compliance with the Seismic Standards. If an offer is received which is in compliance with the Seismic Standards and the other requirements of this RLP, then other offers which do not comply with the Seismic Standards will not be considered. If none of the offers is in compliance with the Seismic Standards, the LCO will make the award to the Offeror whose offer meets the other requirements of this RLP and provides the best value to the Government, taking into account price, seismic safety and any other award factors specified in this RLP.

B. An offered Building will be considered to be in compliance with the Seismic Standards if it meets one of the following conditions:

1. The offer includes a representation that the Building will have less than 10,000 ABOA SF of Space leased to the Federal Government upon commencement of the lease term (Seismic Form D),

2. The offer includes a Seismic Certificate certifying that the Building is a Benchmark Building (Seismic Form A).

3. The offer includes a Seismic Certificate based on a Tier I Evaluation showing that the Building meets the Seismic Standards (Seismic Form B). The submission must include the checklists and backup calculations from the Tier 1 Evaluation.

4. The offer includes a Seismic Certificate based on a Tier 2 or Tier 3 Evaluation showing that the Building complies with the Seismic Standards (Seismic Form B). If the certificate is based on a Tier 2 or Tier 3 Evaluation, the data, working papers, calculations and reports from the evaluation must be made available to the Government.

5. The offer includes a commitment to retrofit the Building to satisfy all of the Basic Safety Objective requirements of ASCE/SEI 41 (Seismic Form C, Part 1). If the Offeror proposes to retrofit the Building, the offer must include a Tier 1 report with all supporting documents, a narrative explaining the process and scope of retrofit, and a schedule for the seismic retrofit. The Offeror shall provide a construction schedule, concept design for the seismic upgrade, and supporting documents for the retrofit, including structural calculations, drawings, specifications, and geotechnical report to the Government for review and approval prior to award. The documentation must demonstrate the seismic retrofit will meet the seismic standards and be completed within the time frame required.

6. The offer includes a pre-award commitment to construct a new Building, using local building codes (Seismic Form C, Part 2).

C. The Contracting Officer may allow an Offeror to submit a Seismic Certificate after the deadline for final proposal revisions. However, the LCO is not obligated to delay award in order to enable an Offeror to submit a Seismic Certificate.

D. Definitions. For the purpose of this paragraph:

· “ASCE/SEI 31” means the American Society of Civil Engineers standard, Seismic Evaluation of Existing Buildings. You can purchase ASCE/SEI from ASCE at (800) 548-2723 or by visiting http://www.asce.org/publications/.

· “ASCE/SEI 41” means American Society of Civil Engineers standard, Seismic Rehabilitation of Existing Buildings. You can purchase ASCE/SEI from ASCE at (800) 548-2723 or by visiting http://www.asce.org/publications/.

· “Benchmark Building” means a building that was designed and built, or retrofitted, in accordance with the seismic provisions of the applicable codes specified in Section 1.3.1 of RP 8.

· Engineer” means a professional engineer who is licensed in Civil or Structural Engineering and qualified in the structural design of buildings. They must be licensed in the state where the property is located.

· “RP 8” means “Standards of Seismic Safety for Existing Federally Owned and Leased Buildings ICSSC Recommended Practice 8 (RP 8),” issued by the Interagency Committee on Seismic Safety in Construction as ICSSC RP 8 and the National Institute of Standards and Technology as NIST GCR 11-917-12. RP 8 can be obtained from https://www.nist.gov/publications/standards-seismic-safety-existing-federally-owned-and-leased-buildings-icssc.

· “Seismic Certificate” means a certificate executed and stamped by an Engineer on the appropriate Certificate of Seismic Compliance form included with this RLP together with any required attachments.

· “Seismic Standards” means the requirements of RP 8 Section 2.2 for Life Safety Performance Level in ASCE/SEI 31 or the Basic Safety Objective in ASCE/SEI 41, unless otherwise specified.

· “Tier 1 Evaluation” means an evaluation by an Engineer in accordance with Chapters 2.0 and 3.0 of ASCE/SEI 31. A Tier 1 Evaluation must include the appropriate Structural, Nonstructural and Geologic Site Hazards and Foundation Checklists.

· “Tier 2 Evaluation” means an evaluation by an Engineer in accordance with Chapter 4.0 of ASCE/SEI 31.

· “Tier 3 Evaluation” means an evaluation by an Engineer in accordance with Chapter 5.0 of ASCE/SEI 31.

ACTION REQUIRED: use for competitive actions.

MAY BE DELETED under any of the following circumstances:

1) MARKET SURVEY INDICATES THAT SPACE IS NOT AVAILABLE IN HISTORIC properties or districts as described below

2) procuring space in rural areas (see fmr part 102-83)

3) sole source lease actions ASBESTOS (oct 2021)

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

B. ACM is defined as any material with a trace or more of asbestos quantity present.

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

D. Management Plan and Reinspection Report Submittals. If space is offered which contains ACM, the Offeror shall submit a current asbestos-related management plan or operations and maintenance plan, along with a current asbestos re-inspection report (performed within the past 5 years) for acceptance by the Government prior to lease award. The management plan or operations and maintenance plan, and re-inspection report shall conform to generally accepted industry practice in accordance with EPA guidance.

ACCESSIBILITY (SEP 2013)

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

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

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

FIRE protection AND LIFE SAFETY (JUN 2024)

The Lease contemplated by this RLP contains Building requirements for Means of Egress, Automatic Fire Sprinkler System, and Fire Alarm System. In order to be eligible for award, Offeror must either:

ENERGY INDEPENDENCE AND SECURITY ACT (OCT 2021)

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

B. Unless one of the statutory exceptions listed in sub-paragraph C below applies, TSA may award a lease for a Building only if the Building has earned the ENERGY STAR® label conferred by the U.S. Environmental Protection Agency (EPA) within the most recent year prior to the due date for final proposal revisions. The term “most recent year” means that the date of award of the ENERGY STAR® label by EPA must not be more than 1 year prior to the due date of final proposal revisions. For example, an ENERGY STAR® label awarded by EPA on October 1, 2010, is valid for all lease procurements where final proposal revisions are due on or before September 30, 2011. In lieu of the above, all new Buildings being specifically constructed for the Government must achieve an ENERGY STAR® label within 18 months after occupancy by the Government. In addition, Offerors of the following Buildings shall also have up to 18 months after occupancy by the Government, or as soon thereafter as the Building is eligible for Energy Star® consideration, to achieve an Energy Star® label: 1) All existing Buildings that have had an Energy Star® label but are unable to obtain a label in the most recent year (i.e., within 12 months prior to the due date for final proposal revisions) because of insufficient occupancy; 2) Newly built Buildings that have used Energy® Star’s Target Finder tool and either achieved a “Designed to Earn the Energy Star®” certification or received an unofficial score (in strict adherence to Target Finder’s usage instructions, including the use of required energy modeling) of 75 or higher prior to the due date for final proposal revisions and who are unable to obtain a label in the most recent year because of insufficient occupancy; 3) An existing Building that is unable to obtain a label because of insufficient occupancy but that can produce an indication, through the use of energy modeling or past utility and occupancy data input into Energy Star’s® Portfolio Manager tool or Target Finder, that it can receive an unofficial score of 75 or higher using all other requirements of Target Finder or Portfolio Manager, except for actual data from the most recent year. ENERGY STAR® tools and resources can be found at https://www.energystar.gov/BUILDINGS/TOOLS-AND-RESOURCES.

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

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

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

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

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

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

1. Heating, Ventilating, and Air Conditioning (HVAC) upgrades, including boilers, chillers, and Building Automation System (BAS)/Monitoring/Control System (EMCS).

2. Lighting Improvements.

3. Building Envelope Modifications.

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

E. The term "cost effective" means an improvement that will result in substantial operational cost savings to the landlord by reducing electricity or fossil fuel consumption, water, or other utility costs. The term "operational cost savings" means a reduction in operational costs to the landlord through the application of Building improvements that achieve cost savings over the Firm Term of the Lease sufficient to pay the incremental additional costs of making the Building improvements.

F. Instructions for obtaining an ENERGY STAR® Label are provided at http://www.energystar.gov/buildings/facility-owners-and-managers/existing-buildings/earn-recognition/energy-star-certification (use “Portfolio Manager” to apply). ENERGY STAR® tools and resources can be found at https://www.energystar.gov/BUILDINGS/TOOLS-AND-RESOURCES. The ENERGY STAR® Building Upgrade Manual (http://www.energystar.gov/buildings/facility-owners-and-managers/existing-buildings/save-energy/comprehensive-approach/energy-star) and Building Upgrade Value Calculator (http://www.energystar.gov/buildings/tools-and-resources/building-upgrade-value-calculator) are tools which can be useful in considering energy efficiency and conservation improvements to Buildings.

G. If one or more of the statutory exceptions applies, and the offered Space is not in a Building that has earned the ENERGY STAR® Label within one year prior to the due date for final proposal revisions, the successful Offeror will be excused from performing any agreed-to energy efficiency and conservation renovations, and benchmarking with public disclosure (as provided in (I) below, if it obtains the ENERGY STAR® Label prior to the Government’s acceptance of the Space (or not later than one year after the Lease Award Date for succeeding and superseding leases).

H. If no improvements are proposed, the Offeror must demonstrate to the Government using the ENERGY STAR® Online Tools why no energy efficiency and conservation improvements are cost effective. If such explanation is unreasonable, the offer may be rejected.

I. As described in Section 3 of the Lease, successful Offerors meeting one of the statutory exceptions above must agree to benchmark and publicly disclose the Building’s current ENERGY STAR® score, using EPA’s Portfolio Manager online software application. See the Lease for additional details.

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

ACTION REQUIRED: USE SUB-PARAGRAPH K ONLY FOR SOLE SOURCE SUCCEEDING OR SUPERSEDING LEASES AT THE CURRENT LOCATION. OTHERWISE, DELETE.

K. As part of the cost effective…