NRCS-NE-12-0045 RLP SPALDING NE.pdf

Template revised 7/22/2011

RLP NO. NRCS-NE-12-0045, PAGE 1 GSA FORM R101A (7/22/2011)

(NRCS) REQUEST

FOR LEASE

PROPOSAL

NUMBER

NRCSNE120045

Action Requested by 11/15/2011

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.

GSA FORM R101A (07/11)

(For Security Level I & II Leases Not Exceeding Simplified Lease Acquisition Threshold)

RLP NO. NRCS-NE-12-0045, PAGE 2 GSA FORM R101A (7/22/2011)

TABLE OF CONTENTS

SECTION 1 STATEMENT OF REQUIREMENTS

1.01 GENERAL INFORMATION (SIMPLIFIED) (JAN 2011)

1.02 SPACE REQUIREMENT (SIMPLIFIED) (JAN 2011)

1.03 NEIGHBORHOOD, PARKING, AND LOCATION AMENITIES, AND PUBLIC TRANSPORTATION (APR 2011)

1.04 LIST OF RLP DOCUMENTS (SIMPLIFIED) (JAN 2011)

1.05 AMENDMENTS TO THE RLP (SIMPLIFIED) (JAN 2011)

1.06 AUTHORIZED REPRESENTATIVES (JAN 2011)

1.07 LEASE DESCRIPTION (SIMPLIFIED) (JAN 2011)

1.08 RELATIONSHIP OF RLP BUILDING MINIMUM REQUIREMENTS AND LEASE OBLIGATIONS (SIMPLIFIED) (JAN 2011)

1.09 RLP PROVISIONS INCORPORATED BY REFERENCE (SIMPLIFIED) (JAN 2011)

1.10 BROKER COMMISSION AND COMMISSION CREDIT (JAN 2011)

SECTION 2 ELIGIBILITY AND PREFERENCES FOR AWARD

2.01 FLOOD PLAINS (SIMPLIFIED) (SEP 2009)

2.02 SEISMIC SAFETY (REGIONS OTHER THAN 8, 9, AND 10) (JAN 2011)

2.03 SEISMIC SAFETY (REGIONS 8, 9, AND 10) (JAN 2011)

2.04 GSAR 552.270‐2 HISTORIC PREFERENCE (SEP 2004)

2.05 ASBESTOS (JAN 2011)

2.06 FIRE AND LIFE SAFETY, ACCESSIBILITY (JAN 2011)

2.07 SECURITY (JAN 2011)

2.08 ENERGY INDEPENDENCE AND SECURITY ACT (JAN 2011)

SECTION 3 HOW TO OFFER

3.01 GENERAL INSTRUCTIONS (SIMPLIFIED) (JAN 2011)

3.02 RECEIPT OF OFFERS (JAN 2011)

3.03 OFFER CONTENTS (SIMPLIFIED) (JAN 2011)

3.04 INSTRUCTIONS FOR PREPARING OFFERS (SIMPLIFIED) (JAN 2011)

SECTION 4 METHOD OF AWARD

4.01 SELECTION FOR AWARD (SIMPLIFIED) (JAN 2011)

4.02 EVALUATED PRICE (SIMPLIFIED) (JAN 2011)

4.03 AWARD WITHOUT DISCUSSIONS (SIMPLIFIED) (JAN 2011)

SECTION 5 ADDITIONAL RLP PROVISIONS

5.01 ADP REQUIREMENTS GENERAL………………………………………………………………………………………………………………………………..14

5.02 SUBMISSION OF PROPOSED FLOORPLAN………………………………………………………………………………………………………………..…14

RLP NO. NRCS-NE-12-0045, PAGE 3 GSA FORM R101A (7/22/2011)

Rev 7/11/2011

RLP NO. 12-0045, PAGE 1 GSA FORM R101A (7/11/2011)

SECTION 1 STATEMENT OF REQUIREMENTS

1.01 GENERAL INFORMATION (SIMPLIFIED) (JAN 2011)

A. 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 below to select an Offeror for award. The Government will award the Lease to the selected Offeror, subject to the conditions below.

B. Included in the RLP documents is a Lease form setting forth the terms and conditions of the Lease contemplated by this RLP. The Form 1364A, Simplified Lease Proposal, submitted as part of the Offeror’s proposal, shall be incorporated into the Lease as Exhibit A. Additional documents will be incorporated into the Lease as Exhibits B through E, as necessary. 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.

C. The Offeror's proposal submitted in response to the RLP shall constitute a firm offer. No Lease shall be formed until the Lease Contracting Officer ("LCO") signs the Lease submitted by an Offeror and delivers a signed copy to the Offeror.

1.02 SPACE REQUIREMENT (SIMPLIFIED) (JAN 2011)

The Government is seeking to enter into a lease for space meeting the following requirements:

The offered 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. The building shall be compatible with its surroundings and project a professional and aesthetically pleasing appearance, including an attractive facade and entrance way. The building shall have energy-efficient windows or glass areas consistent with the structural integrity of the building, unless not appropriate for intended use. The facade, downspouts, roof trim, and window casings shall be clean and in good condition.

CITY, STATE SPALDING, NEBRASKA

DELINEATED AREA VICINITY OF SPALDING NEBRASKA

SPACE TYPE(S) GENERAL OFFICE SPACE

MINIMUM SQ. FT. (ABOA) 1650

MAXIMUM SQ. FT. (ABOA) 1900

PARKING SPACES (TOTAL) 12

PARKING SPACES (SURFACE) 12

PARKING SPACES (STRUCTURE) N/A

PARKING SPACES (RESERVED) 8

FULL TERM 10 YEARS

INITIAL BASE TERM 5 YEARS

OPTION TERM 5 YEARS

ADDITIONAL REQUIREMENTS REF SECTION 5 ADDITIONAL RLP

1.03 NEIGHBORHOOD, PARKING, AND LOCATION AMENITIES, AND PUBLIC TRANSPORTATION (APR 2011)

LOCATION: INSIDE OR OUTSIDE CITY CENTER

A. INSIDE CITY CENTER: Space shall be located in a prime commercial office district with attractive, prestigious, and professional surroundings with a prevalence of modern design and/or tasteful rehabilitation in modern use. Streets and public sidewalks shall be well maintained. The parking-to-square-foot ratio available on-site shall at least meet current local code requirements, or in the absence of a local code requirement, on-site parking shall be available at a ratio of one (1) space for every 175 RSF of Government-demised area. A variety of inexpensive or moderately priced fast-food and/or eat-in restaurants shall be located within the immediate vicinity of the building, but generally not exceeding ½ MILE (a walkable ½ mile) of the employee entrance of the offered building, as determined by the LCO. Other employee Amenities must be existing or the Offeror must demonstrate to the Government’s reasonable satisfaction (i.e., through evidence of signed leases, construction contracts, etc.) that such amenities will exist by the Government’s required occupancy date.

B. OUTSIDE CITY CENTER: Space shall be located 1) in an office, research, technology, or business park that is modern in design with a campus-like atmosphere; or, 2) on an attractively landscaped site containing one or more modern office buildings that are professional and prestigious in appearance with the surrounding development well maintained and in consonance with a professional image. The parking-to-square-foot ratio available on-site shall at least meet current local code requirements, or, in the absence of a local code requirement, on-site parking shall be available at a ratio of one (1) space for every 175 RSF of Government-demised area. Adequate eating facilities shall be located within the immediate vicinity of the building, but generally not exceeding a walkable ½ mile, as determined by the LCO. Other employee services, such as retail shops, cleaners, and banks, shall be located within the immediate vicinity of the building, as determined by the LCO.

1.04 LIST OF RLP DOCUMENTS (SIMPLIFIED) (JAN 2011)

RLP NO. NRCS-NE-12-0045, PAGE 2 GSA FORM R101A (7/22/2011)

The RLP documents consist of:

RLP (GSA Form R-101A) NRCS-NE-12-0045 Lease No. 57-6526-12-0803 (GSA Form L-201A) GSA Form 1364A, Simplified Lease Proposal (to become Exhibit A to the Lease) GSA Form 1364A-1, Simplified Lease Proposal Data Agency-Specific Requirements Package (ASRP) for NRCS, Dated 10/8/2004 (to become Exhibit C to the lease) GSA Form 3518A, Representations and Certifications (to become Exhibit D to the lease) GSA Form 12000 or GSA 12001 Pre-Lease Fire Protection and Life Safety Evaluations for Low (or High) Rise Office Building AD 2066 Space Information

Electronic versions of the forms requiring Offeror input shall be made available upon request.

1.05 AMENDMENTS TO THE RLP (SIMPLIFIED) (JAN 2011)

This RLP may be amended by notice from the LCO. Amendments may modify the terms of this RLP, or the terms, conditions, and requirements of the Lease contemplated by the RLP (including the tenant improvements (TI) described in the ASRP).

1.06 AUTHORIZED REPRESENTATIVES (JAN 2011)

With respect to all matters relating to this RLP, only the Government's LCO designated below shall have the authority to amend the RLP and award a Lease.

Lease Contracting Officer:

Phil Reimnitz 100 Centennial Mall North Lincoln, Nebraska 68508-3866 402-437-4047 – Office 402-212-8407 - Cell

402-437-5327 - FAX

PHILIP.REIMNITZ@NE.USDA.GOV – Email Address

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

Contracting Officer’s Representative:

Matt Glesinger 103 West O’Connor Avenue Greeley, Nebraska 68842-0310 308-428-3525 - Office

308-428-4225 - FAX

MATT.GLESINGER@NE.USDA.GOV – Email Address

1.07 LEASE DESCRIPTION (SIMPLIFIED) (JAN 2011)

Offerors are encouraged to examine carefully the Lease form included in the RLP documents to understand the Government's and the Lessor's respective rights and responsibilities under the contemplated Lease.

The Lease contemplated by this RLP is included in the RLP documents, and includes:

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

B. Terms and Conditions of the Lease, including Definitions, Standards, and Formulas applicable to the Lease and this RLP;

C. Building Shell standards and requirements;

D. An Agency-Specific Requirements Package (ASRP) describing the TIs to be completed by the Lessor prior to occupancy; and

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

Should the Offeror be awarded the Lease, the terms of the Lease will be binding upon the Lessor without regard to any statements contained in this RLP. Notwithstanding the foregoing, the following is provided to assist Offerors in understanding the nature of the Lease.

RLP NO. NRCS-NE-12-0045, PAGE 3 GSA FORM R101A (7/22/2011)

The Lease contemplated by this RLP is a fully serviced Lease with a fixed rent that will be inclusive of all Lessor costs, including all TIs, operating costs, and taxes (See Section 1 of the Lease). Rent will be based upon a proposed rental rate per rentable square foot (see Section 2 of the Lease), not to exceed the total rentable square feet (rsf) offered by Lessor in response to this RLP (see Section 3 of the Lease).

The TIs to be delivered by the Lessor are described in the ASRP in a programmatic fashion, with the possible inclusion of specific design requirements or fixtures to be provided in the leased space. The Lessor will be required to design and build the TIs without compensation other than the annual rent; consequently, in determining the rental rate to be proposed, the Offeror must estimate the cost of building those improvements notwithstanding the absence of plans specific to the offered space. Offerors are encouraged to consider the use of existing fit-out and other improvements to minimize waste. However, any existing improvements must be deemed equivalent to Lease requirements for new construction, and Offerors are cautioned to consider those requirements before assuming efficiencies in its tenant improvement costs resulting from use of existing improvements.

After award, the Lessor must prepare Design Intent Drawings (DIDs) for the leased space conforming to the ASRP. The Government will have the opportunity to review the Lessor's DIDs to determine that the Lessor's design meets the requirements stated in 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 Tenant Improvement requirements, subject to the Lessor's right to receive compensation for such changes.

Upon completion and acceptance of the leased space, the space will be measured for the purpose of establishing the actual annual rent, and the Lease term shall commence. During the term of the Lease, rent will not be adjusted for changes to the Lessor's operating costs (absent a change order from the Government) or taxes.

Finally, Offerors should understand that doing business with the Government carries special responsibilities with respect to sustainability, fire and life safety, and security, as well as other requirements not typically found in private commercial leases. While the Simplified Lease Acquisition rules exempt this Lease from many requirements found in larger Government contracts and Leases, many statutory and regulatory requirements still apply.

1.08 RELATIONSHIP OF RLP BUILDING MINIMUM REQUIREMENTS AND LEASE OBLIGATIONS (SIMPLIFIED) (JAN 2011)

The Lease establishes various requirements relating to the building shell; such requirements are not deemed TIs. Certain of these requirements 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 Lessor will be required to identify those building improvements that will bring the building into compliance with RLP requirements. Upon award of the Lease, completion of those building improvements will become Lease obligations.

1.09 RLP PROVISIONS INCORPORATED BY REFERENCE (SIMPLIFIED) (JAN 2011)

This RLP incorporates one or more Solicitation Provisions by reference, with the same force and effect as if they were given in full text. All dollar thresholds set forth below refer to Total Contract Value, or the total of all gross rental payments to be made during the initial term of the Lease plus any options. Upon request, the LCO will make their full text available or the full text of a Solicitation Provision may be accessed electronically as GSA Form 3516A at http://www.gsa.gov/leasingform.

A. FAR 52.203-2, CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

B. FAR 52.203-11, CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007) (Applicable to leases exceeding $100,000)

C. FAR 52.204-3, TAXPAYER IDENTIFICATION (OCT 1998)

D. FAR 52.204-6, DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008) (Applicable to leases exceeding the micro-purchase threshold)

E. FAR 52.215-5, FACSIMILE PROPOSALS (OCT 1997) (Applicable only if facsimile proposals are authorized.)

F. FAR 52.219-24, SMALL DISADVANTAGE BUSINESS PARTICIPATION PROGRAM—TARGETS (OCT 2000) (Applicable to leases exceeding $550,000)

G. FAR 52.222-22, PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1994) (Applicable to leases exceeding $10,000)

H. FAR 52.222-24, PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) (Applicable to leases exceeding $10 million)

I. FAR 52.222-25, AFFIRMATIVE ACTION COMPLIANCE (APR 1984) (Applicable to leases exceeding $10,000)

J. FAR 52.233-3, PROTEST AFTER AWARD (AUG 1996)

K. GSAR 552.270-3, PARTIES TO EXECUTE LEASE (SEP 1999)

RLP NO. NRCS-NE-12-0045, PAGE 4 GSA FORM R101A (7/22/2011)

L. GSAR 552.219-72, PREPARATION, SUBMISSION, AND NEGOTIATION OF SUBCONTRACTING PLANS (JUN 2005) (Applicable to leases over $500,000 if the RLP requires submission of the subcontracting plan with initial offers.)

M. GSAR 552.219-73, GOALS FOR SUBCONTRACTING PLAN (JUN 2005) (Applicable to leases over $500,000 if the RLP does not require submission of the subcontracting plan with initial offers.)

1.10 BROKER COMMISSION AND COMMISSION CREDIT (JAN 2011)

A.

RLP NO. 12-0045, PAGE 5 GSA FORM R101A (7/11/2011)

SECTION 2 ELIGIBILITY AND PREFERENCES FOR AWARD

2.01 FLOOD PLAINS (SIMPLIFIED) (SEP 2009)

A lease will not be awarded for property located within a base floodplain unless the government has determined it to be the only practicable alternative.

2.02 SEISMIC SAFETY (LOCATIONS OTHER THAN LOCATIONS IN GSA REGIONS OTHER THAN 8, 9, AND 10) (JAN 2011)

A. All offers received in response to this RLP will be evaluated to determine whether the offers fully meet National Institute of Standards and Technology (NIST) NISTIR 5382, Interagency Committee on Seismic Safety in Construction (ICSSC) RP 4, Standards of Seismic Safety for Existing Federally Owned or Leased Buildings, as modified below. If any offers are received that fully meet seismic safety requirements, then other offers that do not fully meet these requirements will not be considered. If no offers are received that fully meet seismic safety requirements, only offers that substantially meet seismic safety requirements will be considered. If no offers are received that fully or substantially meet seismic safety requirements, GSA may elect to make no lease award.

B. “Fully meets” as used herein with regard to the seismic safety requirements means that the Offeror has provided a written certification (example available for the LCO) with the initial offer, from a licensed structural engineer certifying that both the building design and construction are in full compliance with the life-safety performance level of NISTIR 5382, ICSSC RP 4, Standards of Seismic Safety for Existing Federally Owned or Leased Buildings, AS MODIFIED HEREIN:

1. FEMA-178, NEHRP Handbook for the Seismic Evaluation of Existing Buildings, will be replaced with FEMA-310, Handbook for the Seismic Evaluation of Buildings: A Prestandard.

2. Section 1.3.1, Post-Benchmark Buildings (Table 1: Advisory Benchmark Years) will be replaced with the table below.

FEMA

Building Type BOCA SBCC UBC ANSI NEHRP

1, 2 Wood Frame, Wood Shear Panels ** ** 1949 ** ** 3 Steel Moment Resisting Frame (MRF) 1987 1991 1976 1982 1985 4 Steel Braced Frame 1990 1991 1988 * 1991 5 Light Metal Frame * * * * * 6 Steel Frame w/Concrete Shear Walls 1987 1991 1976 1982 1985 8 Reinforced Concrete Moment Resisting Frame 1987 1991 1976 1982 1985 9 Reinforced Concrete Shear Walls w/o MRF 1987 1991 1976 1982 1985 10,7 Steel or Concrete Frame w/URM Infill * * * * * 11 Tilt-up Concrete 1987 1991 1973 1982 1985 12 Precast Concrete Frame * * * * * 13, 14 Reinforced Masonry 1987 1991 1976 1982 1985 15 Unreinforced Masonry (URM) * * * * *

* Indicates no benchmark year (no comprehensive seismic requirements for these buildings exist).

** Local provisions for wood construction need to be compared to 1949 UBC to determine benchmark year.

BOCA—Building Officials and Code Administrators, National Building Code.

SBCC—Southern Building Code Congress International, Standard Building Code.

UBC—International Conference of Building Officials, Uniform Building Code.

ANSI—American National Standards Institute, A58.1, Minimum Design Loads for Buildings and Other Structures.

NEHRP—Recommended Provisions for the Development of Seismic Regulations for New Buildings and Other Structures, Federal Emergency Management Agency

3. Section 1.3.2, Leased Buildings, shall be revised as follows:

"a. Buildings leased by the Federal Government are exempt from these standards if both of the following apply:

i. The leased space is 10,000 square feet or less AND

ii. The Federal Government leases less than 50 percent (%) of the total building square footage."

1 The 15 common building types as they are defined in FEMA-178.

RLP NO. NRCS-NE-12-0045, PAGE 6 GSA FORM R101A (7/22/2011)

4. FEMA-310, Handbook for the Seismic Evaluation of Buildings: A Prestandard, can be obtained at http://www.wbdg.org/ccb/ccb.php.

5. NISTIR 5382, ICSSC RP 4, Standards of Seismic Safety for Existing Federally Owned or Leased Buildings, can be obtained from the Building and Fire Research Laboratory, National Institute of Standards and Technology, at http://www.fire.nist.gov/bfrlpubs/

C. "Substantially meets" as used herein with regard to the seismic safety requirements will be determined by the Government based upon the Offeror’s evaluation by a licensed structural engineer that specifically describes all exceptions to full compliance with the Model Building Seismic Design Provisions as shown in the Benchmark Buildings table above. The Offeror shall evaluate the building by using FEMA-310 and shall identify all deficiencies. Documentation of this evaluation shall be made available to the Government.

2.03 SEISMIC SAFETY (REGIONS 8, 9, AND 10) (JAN 2011) DOES NOT APPLY

A. Definitions. For the purpose of this paragraph:

1. “Engineer” means a professional civil or structural engineer licensed in the state where the property is located.

2. “ASCE/SEI 31” means “American Society of Civil Engineers Standard Seismic Evaluation of Existing Buildings.” ASCE/SEI 31 can be purchased from ASCE at http://www.pubs.asce.org.

3. “RP 6” means “Standards of Seismic Safety for Existing Federally Owned and Leased Buildings and Commentary” issued by the Interagency Committee on Seismic Safety in Construction as ICSSC RP 6 and the National Institute of Standards and Technology as NISTIR 6762. RP 6 can be obtained from the Building and Fire Research Laboratory, National Institute of Standards and Technology, Gaithersburg, MD 20899, or at HTTP://FIRE.NIST.GOV/

4. “Seismic Standards” mean the Life Safety Performance Level of RP 6, unless otherwise specified.

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

6. “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.

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

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

B. Seismic Requirements. The Government intends to award a lease to an Offeror of a building that meets the Seismic Standards. If an offer meets the Seismic Standards and the other requirements of this RLP, then other offers that do not meet the Seismic Standards will not be considered. If none of the offers received meet the Seismic Standards, the LCO will make the award to the Offeror whose building 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 solicitation.

C. In order to meet the Seismic Standards, an offer must include either a Seismic Certificate establishing that the offered building complies with the Seismic Standards or a commitment to renovate the building to comply with the Seismic Standards prior to delivery of the space.

Buildings can meet the seismic standards in the following ways:

1. Be a Benchmark Building per RP 6 standards (see subparagraph a, below).

2. Provide a certificate per a Tier 1 evaluation (see subparagraph b, below).

3. Provide a certificate per a Tier 2 or Tier 3 evaluation (see subparagraph c, below).

4. Provide plans as to how the Offeror proposes to renovate the building to meet the requirements of RP 6 (see subparagraph d, below).

a. A “Benchmark Building” is one that was designed and built in accordance with adequate seismic provisions, which are considered to provide acceptable life-safety protection. The determination of benchmark years is complex and varies with building location, age, structural system, and governing building code. A table of benchmark years is provided in Table 1-1.

Note that, if the seismicity of a region has changed since the benchmark dates listed in Table 1-1, a building must have been designed and constructed or evaluated in accordance with the current seismicity of the region to be compliant with the Standards. Only buildings designed and constructed in accordance with the documents listed in Table 1-1 and being evaluated to the Life-Safety Performance Level may be considered Benchmark Buildings.

RLP NO. NRCS-NE-12-0045, PAGE 7 GSA FORM R101A (7/22/2011)

BENCHMARK BUILDINGS (Table 3-1 of FEMA-310)

BUILDING TYPE2,3

Model Building

Seismic Design Provisions BOCAls SBCCIls UBCls NEHRPls

Wood Frame, Wood Shear Panels (Type W1 and W2)3 1992 1993 1976 1985 Wood Frame, Wood Shear Panels (Type W1A) 1992 1993 1976 1985 Steel Moment-Resisting Frame (Type S1 and S1A) ** ** 19944 ** Steel Braced Frame (Type S2 and S2A) 1992 1993 1988 1991 Light Steel Frame (Type S3) * * * * Steel Frame w/Concrete Shear Walls (Type S4) 1992 1993 1976 1985 Reinforced Concrete Moment-Resisting Frame (Type C1)5 1992 1993 1976 1985 Reinforced Concrete Shear Walls (Type C2 and C2A) 1992 1993 1976 1985 Steel Frame with URM Infill (Type S5 and S5A) * * * * Concrete Frame with URM Infill (Type C3 and C3A) * * * * Tilt-up Concrete (Type PC1 and PC1A) * * 1997 * Precast Concrete (Type PC2 and PC2A) * * * * Reinforced Masonry (Type RM1) * * 1997 * Reinforced Masonry (Type RM2) 1992 1993 1976 1985 Unreinforced Masonry (Type URM)6 * * 19917 * Unreinforced Masonry (Type URMA)8 * * * *

* No benchmark year; building will be evaluated using FEMA-310.

** Local provisions will be compared with the UBC.

Is Only buildings designed and constructed or evaluated in accordance with these documents and being evaluated to the Life-Safety Performance Level may be considered Benchmark Buildings.

BOCA—Building Officials and Code Administrators, National Building Code.

SBCCI—Southern Building Code Congress International, Standard Building Code.

UBC—International Conference of Building Officials, Uniform Building Code.

NEHRP—Recommended Provisions for the Development of Seismic Regulations for New Buildings and Other Structures, Federal Emergency Management Agency

b. The Offeror shall provide, with its initial offer, a Seismic Certificate. This certificate must be based upon a Tier 1 Evaluation and include the checklists from the Tier 1 Evaluation.

c. If the Tier 1 Evaluation does not demonstrate compliance with the Seismic Standards, the Offeror may obtain a Tier 2 or Tier 3 Evaluation in order to demonstrate compliance with the Seismic Standards. If the Offeror submits a Seismic Certificate based on a Tier 2 or Tier 3 Evaluation, the data, working papers, and reports from such evaluation must be made available to the Government. The LCO, at his/her discretion, may allow an Offeror to submit a Seismic Certificate after the deadline for best and final offers. However, the LCO is not obligated to delay award in order to enable an Offeror to submit a Seismic Certificate.

d. If the Offeror proposes to renovate the building in order to meet the Seismic Standards, the Offeror must provide the construction schedule with the offer. All design and construction documents for the renovation, including structural calculations, drawings, specifications, geotechnical report(s), etc., shall be made available to the Government prior to construction. If the offer includes a commitment to renovate the building to meet the Seismic Standards, the Lessor must deliver a Seismic Certificate establishing that the building conforms to the Seismic Standards prior to delivery of the space to the Government; the space shall not be considered substantially complete until an acceptable Seismic Certificate has been delivered to the LCO.

2.04 GSAR 552.270-2 HISTORIC PREFERENCE (SEP 2004)

A. The Government will give preference to offers of space in historic properties following this hierarchy of consideration:

2 One of the Common Building Types defined in FEMA-310, Table 2-2 (pgs. 2-6 through 2-10).

3 Buildings on hillside sites will not be considered Benchmark Buildings.

4 Steel Moment-Resisting Frame Connections shall comply with the 1994 BBC Emergency Provisions, the 1997 BBC, the 1997 DISC

Seismic Provisions, the 2000 IBC or FEMA 350, or the analytical evaluation provisions of FEMA 351.

5 Flat Slab Buildings will not be considered Benchmark Buildings.

6 Buildings with thin-walled steel tubes in braced frames shall not be considered Benchmark Buildings.

7 URM buildings evaluated using the ABK Methodology (ABK, 1984) may be considered Benchmark Buildings.

8 Refers to the BCBC.

RLP NO. NRCS-NE-12-0045, PAGE 8 GSA FORM R101A (7/22/2011)

1. Historic properties within historic districts.

2. Non-historic developed and non-historic undeveloped sites within historic districts.

3. Historic properties outside of historic districts.

B. Definitions:

1. “Determination of eligibility” means a decision by the Department of the Interior that a district, site, building, structure or object meets the National Register criteria for evaluation although the property is not formally listed in the National Register (36 CFR 60.3(c)).

2. “Historic district” means a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history (36 CFR 60.3(d)). The historic district must be included in or be determined eligible for inclusion in the National Register of Historic Places.

3. “Historic property” means any prehistoric or historic district, site, building, structure, or object included in or been determined eligible for inclusion in the National Register of Historic Places maintained by the Secretary of the Interior (36 CFR 800.16(l)).

4. “National Register of Historic Places” means the National Register of districts, sites, buildings, structures and objects significant in American history, architecture, archeology, engineering and culture that the Secretary of the Interior is authorized to expand and maintain under the National Historic Preservation Act (36 CFR 60.1).

C. The offer of space must meet the terms and conditions of this RLP. The LCO has discretion to accept alternatives to certain architectural characteristics and safety features defined elsewhere in this RLP to maintain the historical integrity of an historic building, such as high ceilings and wooden floors, or to maintain the integrity of an historic district, such as setbacks, floor-to-ceiling heights, and location and appearance of parking.

D. When award will be based on the lowest price technically acceptable source selection process, the Government will give a price evaluation preference, based on the total annual square foot (ANSI/BOMA Office Area) cost to the Government, to historic properties as follows:

1. First to suitable historic properties within historic districts, a 10 percent price preference.

2. If no suitable historic property within an historic district is offered, or the 10 percent preference does not result in such property being the lowest price technically acceptable offer, the Government will give a 2.5 percent price preference to suitable non-historic developed or undeveloped sites within historic districts.

3. If no suitable non-historic developed or undeveloped site within an historic district is offered, or the 2.5 percent preference does not result in such property being the lowest price technically acceptable offer, the Government will give a 10 percent price preference to suitable historic properties outside of historic districts.

4. Finally, if no suitable historic property outside of historic districts is offered, no historic price preference will be given to any property offered.

E. When award will be based on the best value tradeoff source selection process, which permits tradeoffs among price and non-price factors, the Government will give a price evaluation preference, based on the total annual square foot (ANSI/BOMA Office Area) cost to the Government, to historic properties as follows:

1. First, to suitable historic properties within historic districts, a 10 percent price preference.

2. If no suitable historic property within a historic district is offered or remains in the competition, the Government will give a 2.5 percent price preference to suitable non-historic developed or undeveloped sites within historic districts.

3. If no suitable non-historic developed or undeveloped site within an historic district is offered or remains in the competition, the Government will give a 10 percent price preference to suitable historic properties outside of historic districts.

4. Finally, if no suitable historic property outside of historic districts is offered, no historic price preference will be given to any property offered.

F. The Government will compute price evaluation preferences by reducing the price(s) of the Offerors qualifying for a price evaluation preference by the applicable percentage provided in this provision. The price evaluation preference will be used for price evaluation purposes only. The Government will award a contract in the amount of the actual price(s) proposed by the successful Offeror and accepted by the Government.

RLP NO. NRCS-NE-12-0045, PAGE 9 GSA FORM R101A (7/22/2011)

G. To qualify for a price evaluation preference, Offerors must provide satisfactory documentation in their Offer that their property qualifies as one of the following:

1. A historic property within an historic district.

2. A non-historic developed or undeveloped site within an historic district.

3. A historic property outside of a historic district.

2.05 ASBESTOS (JAN 2011)

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

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

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

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

2.06 FIRE AND LIFE SAFETY, ACCESSIBILITY (JAN 2011)

The Lease contemplated by this RLP contains building requirements for Fire and Life Safety and Accessibility. In order to be eligible for award, Offerors must either:

A. Verify in the Lease proposal that the building in which space is offered meets the Lease requirements, or

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

2.07 SECURITY (JAN 2011)

The Lease contemplated by this RLP contains building requirements and other obligations relating to Security. Reference the paragraph titled ‘List of RLP Documents” for any additional security requirements. In order to be eligible for award, the Offeror shall provide a Pre-Lease Building Security Plan with its offer that addresses its compliance with the Lease Security Requirements.

2.08 ENERGY INDEPENDENCE AND SECURITY ACT (JAN 2011)

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

B. Unless one of the statutory exceptions listed in paragraph C applies, the Government may award a lease for a building only if the building has earned the ENERGY STAR® Label conferred by the 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. All new buildings being specifically constructed for the Government must achieve an ENERGY STAR® Label within 18 months after occupancy by the Government.

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 in the delineated area that meets RLP requirements, including location 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 rentable square feet or less.

RLP NO. NRCS-NE-12-0045, PAGE 10 GSA FORM R101A (7/22/2011)

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 space 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)/ Energy Monitoring/Management 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/eslabel (use “Portfolio Manager” to apply). ENERGY STAR® tools and resources can be found at www.energystar.gov. The ENERGY STAR® Building Upgrade Manual (http:// www.energystar.gov/bldgmanual) and Building Upgrade Value Calculator (http://www.energystar.gov/financialevaluation) 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 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.

RLP NO. 12-0045, PAGE 11 GSA FORM R101A (7/11/2011)

SECTION 3 HOW TO OFFER

3.01 GENERAL INSTRUCTIONS (SIMPLIFIED) (JAN 2011)

Offerors are required to prepare a complete, signed, lease document, including all required exhibits, using the forms provided with this RLP, and submit the completed lease proposal package to the Government as indicated below. Offerors must understand that upon submission of their offer, the Government expects to enter into a binding lease by countersignature by a LCO. Therefore, incomplete submissions, or submissions containing errors, will not be acceptable.

3.02 RECEIPT OF OFFERS (JAN 2011)

A. In order to be considered for award, offers conforming to the requirements of the RLP shall be received no later than on the following date, at the following designated office and address:

DATE NOVEMBER 15, 2011

OFFICE NRCS STATE OFFICE

ATTN: Phil Reimnitz (RPLO)

ADDRESS 100 Centennial Mall North, RM152

LINCOLN, NEBRASKA 68508-3866

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

3.03 OFFER CONTENTS (SIMPLIFIED) (JAN 2011)

Offers shall consist of the following documents completed in accordance with this RLP:

LEASE, SIGNED AND INITIALED BY OFFEROR

EXHIBIT A, GSA FORM 1364A, SIMPLIFIED LEASE PROPOSAL, RLP NO. NRCS-NE-12-0045, COMPLETED AND SIGNED BY OFFEROR

EXHIBIT B, FLOOR PLAN DELINEATING THE PREMISES, PROVIDED BY OFFEROR

EXHIBIT C, AGENCY-SPECIFIC REQUIREMENTS PACKAGE(ASRP) , DATED 10/27/2008; INCORPORATED INTO FLOOR PLAN AND OFFER EXHIBIT D, GSA FORM 3518A, REPRESENTATIONS AND CERTIFICATIONS (REV. 1/07), COMPLETED AND SIGNED BY OFFEROR GSA FORM 1364A-1, SIMPLIFIED LEASE PROPOSAL DATA, COMPLETED WITH ALL REQUIRED ATTACHMENTS AND THE OFFEROR’S SIGNATURE

3.04 INSTRUCTIONS FOR PREPARING OFFERS (SIMPLIFIED) (JAN 2011)

Offerors are cautioned to read the entire RLP package carefully to be fully aware of all requirements and clauses in the contemplated Lease.

Verify that all blanks requiring information to be supplied in an Offer have been properly filled out, and that all pricing and other numerical data is accurately calculated. The following instructions are intended to assist Offerors complete all forms and other documents required to prepare a complete and acceptable offer.

A. Lease No. 57-6526-12-803. The Offeror is required to initial each page of the Lease, and execute the Lease by signing on the first page.

Attach all Required Exhibits to the Lease.

B. Exhibit A, GSA Form 1364A. The information required on this form is largely self-explanatory. However, the following guidance is provided.

1. Box 8. The Building Business Hours are relevant to the Lessor's obligations to provide overtime utilities, as indicated in Paragraph IV.C of the Lease.

2. Box 9. Provide a narrative description of the quantity and type of space offered, and the space's location in the building by floor, suite number, or other identifying information. For example, "4,300 ANSI/BOMA square feet of Office space located on the third floor of the building described in Section I, identified as Suite 300."

3. Line 14. The “Adjustment for Vacant Premises (Simplified Lease) paragraph of the Lease provides for a reduction in rent if the

Space is vacant to account for reduce operating costs. State the reduction in the rental rate per ANSI/BOMA square foot of Space.

4. Line 15. The overtime utility rates will be used during the Lease term to compensate the Lessor for providing air conditioning or heat outside of the building business hours indicated by the Offeror in Box 8.

5. Line 18. If the Government has requested rooftop antenna space in this RLP, check the box for "Included."

6. Line 23. Initial in each box corresponding to RLP amendments received prior to submitting the Offer. The Government will not award a Lease unless all issued amendments have been acknowledged.

RLP NO. NRCS-NE-12-0045, PAGE 12 GSA FORM R101A (7/22/2011)

7. Box 25. If the Offeror intends to perform any fire/life safety, accessibility, or energy savings measures (in lieu of obtaining a current ENERGY STAR® Label), state the measures with specificity. The Offeror will not be eligible for award unless any required improvements are included as Lease obligations.

8. Box 26. If the Offeror wishes to add conditions or modifications to the Lease and its Exhibits, include them in Box 25. If the Offeror is modifying any part of the Lease, the Offeror must identify by Paragraph number, Exhibit number, and/or 1364A box number to which the condition or modification applies. Offerors are cautioned to include only those additional conditions necessitated by the nature of the Property in which the Space is offered or other restraints as appropriate. The Government may reject any offer that takes exception to or modifies substantive provisions of the Lease, even if the offer has the lowest evaluated price.

C. Exhibit B, Floor Plan Delineating the Premises. The Offeror is required to prepare a scaled floor plan depicting the Space offered, clearly delineating the extent of the Space, as defined in the Lease, and any Common Areas to be factored into the total Rentable Area. The floor plan shall be printed on 8-1/2" by 11" paper, and clearly labeled "Exhibit B to Lease No. 57-6526-12-0803."

D. Exhibit D, GSA Form 3518A, Representations and Certifications. This form should be self-explanatory. Offerors must understand that by signing this form they are certifying the truth of the representations contained therein, and that the Government awards contracts in reliance upon the truth of those representations. If not already so marked, mark the form "Exhibit D to Lease No. 57-6526-12-0803."

E. GSA Form 1364A-1. The Offeror must include all data required by this form, or its Offer will be rejected. The form is largely self-explanatory, and includes references to this RLP as further guidance. The following information is provided to assist with certain required information to be supplied with the offer.

1. Box 4. If claiming an historic preference in accordance with the Historic Preference paragraph above (GSAR 552.270-2, SEP 2004), Offeror must submit one of the following as documentation that the property is historic or the site of the offered property is within a historic district: a letter from the National Park Service stating that the property is listed in the National Register of Historic Places or eligible for listing, with a date of the listing/decision; a letter from the State Historic Preservation Office stating that the property is listed in the National Register of Historic Places, or on a statewide register, or eligible for inclusion, with a date of the listing/decision; or, the National Register of Historic Places Identification Number and date of listing available from the National Register of Historic Places Database found at www.nps.gov/nr.

2. Boxes 5, 6, 7. As noted in Section 2 above, Offerors may be eligible for award notwithstanding the fact that the building in which Space is offered does not currently meet Lease Asbestos, Fire/Life Safety, or Accessibility Standards. However, Offerors are cautioned that if they are awarded the Lease, they will be required to provide building improvements to bring the building into compliance with the respective Lease requirements.

3. Box 9. See RLP Paragraph titled "Energy Security and Independence Act." Because the Offer will be valid for 60 days, a current ENERGY STAR® Label is valid only if received within the last ten months. If the Offeror intends to meet EISA requirements without the ENERGY STAR® Label, the Offeror must specifically list the improvements to be completed in Box 9 and in Box 25 of the GSA Form 1364A. If the Offeror determines that no improvements are cost effective, the Offeror must attach its analysis as required. See Paragraph II.G.

4. Rows 10-21, Proposed Rent Components. Although the Lease rental rate is not broken down in the Lease, the Government requires Offerors state all rent components for its own internal billing procedures and to use in evaluating proposed rental rates. Offerors must note the following in breaking down the rent components:

i. For Row 12 (and, if applicable, Row 18), do not include the cost of providing 24 hour HVAC to specified areas (if any) in excess of the operating costs required for normal hours. (Overtime HVAC and costs for 24/7 HVAC in limited areas is billed and paid for separately outside the rent.

ii. To determine whether construction costs should be included in the Shell Rent, Amortized Tenant Improvement, or other components, refer to Sections 3 and 4 of the Lease. Only those costs associated with TIs should be included in the Amortized Tenant Improvement component. Costs for upgrading Fire/Life Safety, Accessibility, and other design and construction requirements for Building Shell and Common Areas, if any, must be included in the Shell Rent.

iii. For Row 13 (and, if applicable, Row 18), include the amortization of security upgrade costs. Enter the principal amount to be amortized and interest rate in block 20. Security requirements constituting upgrades beyond Shell requirements are identified in Section V of the Lease.

5. Box 23. If the Offeror wishes to maintain the confidentiality of the pricing data provided in GSA Form 1364A-1, the Offeror must place a checkmark in Box 23.

RLP NO. 12-0045, PAGE 13 GSA FORM R101A (7/11/2011)

SECTION 4 METHOD OF AWARD

4.01 SELECTION FOR AWARD (SIMPLIFIED) (JAN 2011)

The Government will award a Lease resulting from the RLP to the responsible Offeror who offers the lowest evaluated price and whose offer conforms to RLP requirements and preferences. If an offer contains terms taking exception to or modifying any Lease provision, the Government will not be under any obligation to award a Lease in response to that offer.

4.02 EVALUATED PRICE (SIMPLIFIED) (JAN 2011)

Evaluation of offered prices will be based on the annual price per American National Standards Institute/Building Owners and Managers Association Office Area Square Feet (ANSI/BOMA Office Area Square Feet, hereinafter abbreviated as “ABOA sq.