SIMPLIFIED RLP FORM R101A REV 9_30_11.DOCX

ACTION: RED TEXT INDICATES INFORMATION THAT NEEDS TO BE INPUT BY THE LEASING SPECIALIST. CHANGE FONT TO BLACK TEXT PRIOR TO ISSUANCE.

REQUEST FOR LEASE PROPOSAL

NRCS-WV-12-0001

Tyler County, West Virginia Offers due by 04/13/2012

In order to be considered for award, offers conforming to the requirements of the RLP shall be received no later than 4:00PM 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.

SIMPLIFIED RLP

GSA FORM R101A (September 2011)

RLP NO. XXXXX, PAGE 22 GSA FORM R101C (05/11)

RLP TABLE OF CONTENTS GSA FORM R101A (SEPTEMBER 2011)

INSTRUCTIONS FOR CREATING LEASE AND RLP DOCUMENTS

ALL INSTRUCTIONS FOR CREATING THESE DOCUMENTS ARE TYPED IN BLUE “HIDDEN” TEXT. YOU SHOULD WORK WITH THE HIDDEN TEXT SHOWING (TURNED ON), EXCEPT WHEN THE FINISHED DOCUMENT IS BEING PRINTED.

THIS TEMPLATE WAS UPDATED AS OF THE DATE SHOWN IN THE HEADER. THE DATE WILL NOT PRINT IF YOU TURN OFF THE HIDDEN TEXT PER THE INSTRUCTIONS BELOW. THE MOST UP-TO-DATE LEASE REFORM TEMPLATES ARE LOCATED ON THE LEASE REFORM QUICKR WEB SITE. THE WEB SITE ALSO SUMMARIZES REVISIONS FROM PREVIOUS TEMPLATE EDITIONS.

HOW TO REVEAL HIDDEN TEXT IN THE DOCUMENT—

1. CLICK ON THE MSWORD LOGO AT THE TOP OF THE COMPUTER SCREEN (FAR LEFT).

2. CLICK ON “WORD OPTIONS” AT THE BOTTOM OF THE SCREEN.

3. CLICK ON “DISPLAY” IN THE LEFT-HAND COLUMN OF THE SCREEN.

4. IN THE RIGHT-HAND COLUMN, UNDER “ALWAYS SHOW THESE FORMATTING MARKS ON THE SCREEN,”—IF THERE IS NO CHECKMARK IN THE “HIDDEN TEXT” BOX—CLICK ON THE “HIDDEN TEXT” BOX. NOTE: A CHECKMARK WILL APPEAR IN THE BOX.

5. CLICK ON “OK.” TO CLOSE OUT THE WORD OPTIONS SCREEN.

TO TURN OFF HIDDEN TEXT: FOLLOW INSTRUCTIONS (A) THRU (D), ABOVE. WHEN YOU CLICK ON THE “HIDDEN TEXT” BOX, THE CHECKMARK WILL DISAPPEAR AND THE HIDDEN TEXT WILL NOT SHOW ON SCREEN OR IN PRINTED VERSIONS OF THE DOCUMENT.

TO INPUT DATA: IF A PARAGRAPH HAS BOLD XXs, A DOLLAR SIGN ($) FOLLOWED BY UNDERSCORING, OR EMPTY UNDERSCORING (_______), INPUT THE REQUIRED INFORMATION.

HOW TO DELETE AND MODIFY CLAUSES, PARAGRAPHS, AND SUBPARAGRAPHS*

ALL PARAGRAPHS ARE STANDARDIZED AND MANDATORY UNLESS OTHERWISE NOTED IN THE HEADING “ACTION REQUIRED.” IF IT IS DETERMINED TO DELETE A CLAUSE, PARAGRAPH OR SUBPARAGRAPH, TAKE THE FOLLOWING STEPS:

TO DELETE A CLAUSE—

1. USING YOUR CURSOR, CAREFULLY SELECT (DRAG YOUR CURSOR OVER) THE CLAUSE TEXT. (NOTE: DO NOT SELECT THE CLAUSE NUMBER.)

2. CLICK ON THE DELETE KEY TO DELETETHE TEXT.

3. YOU HAVE A CHOICE REGARDING THE TITLE. YOU MAY EITHER STRIKE THROUGH THE TITLE AND ADD THE WORDS “INTENTIONALLY DELETED” AFTER THE STRICKEN TITLE, OR YOU MAY DELETE THE TITLE AND REPLACE IT WITH “INTENTIONALLY DELETED.” IN EITHER CASE, LEAVE THE CLAUSE NUMBER INTACT SO THE CLAUSE NUMBERING WILL REMAIN THE SAME FOR THE CLAUSES THAT FOLLOW.

4. TO STRIKE THROUGH THE TITLE, USING YOUR CURSOR, CAREFULLY SELECT (DRAG YOUR CURSOR OVER) THE CLAUSE TITLE. (NOTE: DO NOT SELECT THE CLAUSE NUMBER.) CLICK ON THE “STRIKETHROUGH” KEY (abc). THEN PLACE THE CURSOR TO THE RIGHT OF THE STRUCK-OUT CLAUSE TITLE AND TYPE “INTENTIONALLY DELETED.” NOTE: THE TEXT WILL BE DELETED AND THE CLAUSE NUMBER AND STRUCK-OUT TITLE WILL REMAIN.

EXAMPLE: 2.05 OPERATING COST ADJUSTMENT INTENTIONALLY DELETED

5. ALTERNATELY, YOU MAY DELETE THE TITLE ALTOGETHER. USING YOUR CURSOR, CAREFULLY SELECT (DRAG YOUR CURSOR OVER) THE CLAUSE TITLE. OVERTYPE WITH THE WORDS “INTENTIONALLY DELETED”

EXAMPLE: 2.05 INTENTIONALLY DELETED

TO DELETE A PARAGRAPH—

1. USING YOUR CURSOR, CAREFULLY SELECT THE PARAGRAPH TEXT. (NOTE: DO NOT SELECT THE PARAGRAPH NUMBER, LETTER, OR TITLE, IF ANY.) DELETE THE TEXT BY CLICKING ON THE “DELETE” KEY.

2. PLACE THE CURSOR WHERE THE TEXT WAS AND TYPE “THIS PARAGRAPH WAS INTENTIONALLY DELETED” .

ALL PARAGRAPHS ARE STANDARDIZED AND MANDATORY UNLESS OTHERWISE NOTED IN THE HEADING “ACTION REQUIRED.” IF IT IS DETERMINED TO MODIFY A CLAUSE, TAKE THE FOLLOWING STEPS:

TO MODIFY ALL OR PART OF A CLAUSE, INCLUDING PARAGRAPHS—

1. GO TO THE LAST SECTION OF THIS LEASE TITLED "ADDITIONAL TERMS AND CONDITIONS"

2. CREATE A LIST OF “MODIFIED CLAUSES” WITH THE HEADING: “THE FOLLOWING CLAUSES HAVE BEEN MODIFIED IN THIS LEASE:”

3. SELECT AND COPY THE MODIFIED CLAUSE TITLE AND CLAUSE NUMBER).

4. GO TO THE END OF THE LAST CLAUSE AND CLICK ON YOUR MOUSE TO PLACE THE CURSOR BELOW THE LAST ENTRY).

5. PASTE (CTRL+V) THE TITLE YOU JUST COPIED.

6. MAKE YOUR CHANGES, ADDITIONS, DELETIONS, ETC., TO THE CLAUSE IN ITS ORIGINAL LOCATION IN THE DOCUMENT.

7. SAVE YOUR CHANGES.

HOW TO UPDATE THE TABLE OF CONTENTS AND PAGE REFERENCES WHEN YOU ARE FINISHED REVISING THE DOCUMENT:

1. GO TO AND CLICK IN THE TABLE OF CONTENTS.

2. RIGHT CLICK TO VIEW DROP-DOWN WINDOW.

3. FROM THE DROP-DOWN MENU, CLICK ON “UPDATE FIELD.”

4. CLICK ON “UPDATE ENTIRE TABLE.” NOTE: TABLE WILL UPDATE ANY HEADINGS THAT WERE CHANGED DURING THE REVIEW. NOTE: YOU SHOULD VERIFY ONE OR TWO CHANGES TO CONFIRM THE TOC WAS UPDATED PROPERLY THE ABOVE PRACTICES WILL INCREASE STANDARDIZATION AND FAMILIARITY OF THE DOCUMENT FOR THE PRACTITIONER BY ALLOWING CONSISTENT NUMBERING THROUGHOUT THE DOCUMENT.

ADDITIONAL SECURITY REQUIREMENTS

· REQUIREMENTS BASED ON ISC SECURITY CRITERIA, SHELL-RELATED REQUIREMENTS ARE LOCATED IN THE SECTION FOR SHELL COMPONENTS.

ATTACH THE APPROPRIATE DOCUMENT TITLED “ADDITIONAL SECURITY REQUIREMENTS” AFTER CONSULTING WITH THE AGENCY TO DETERMINE THEIR SPECIFIC REQUIREMENTS USING THE APPROPRIATE ISC SECURITY LEVEL (II, III, OR IV).

THE FOLLOWING INSTRUCTIONS APPLY TO SIMPLIFIED MODEL ONLY:

· NOTE THAT THIS IS A TURNKEY MODEL; ALL REQUIRED IMPROVEMENTS MUST BE INCLUDED BY THE LCO AS PART OF THE LEASE (ASRP, PROTOTYPE LAYOUT, ETC.). THERE IS NO STATED TI ALLOWANCE.

· ALL APPROPRIATE GENERAL CLAUSES ARE ALREADY INCORPORATED INTO THE LEASE DOCUMENT (L201A). DO NOT ATTACH A SEPARATE GSA FORM 3517, 3517A, 3517B, OR 3517C.

TABLE OF CONTENTS

RLP TABLE OF CONTENTS GSA FORM R101C (AUGUST 2011)

TYPE IN RLP NO. AND DATE

REQUEST FOR LEASE PROPOSALS NO.

NRCS-WV-12-0001

03/15/2012 SIMPLIFIED RLP GSA FORM R101A (September 2011)

STATEMENT OF REQUIREMENTS

GENERAL INFORMATION (SIMPLIFIED) (Aug 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 (Form L201-A) setting forth the Lease Term and other terms and conditions of the Lease contemplated by this RLP, a Lease Proposal Form (Form 1364A), and a Simplified Lease Proposal Data (Form 1364A-1) on which Offerors shall submit its offered rent and other price data, together with required information and submissions. The Lease clause titled "Definitions and General Terms" shall apply to the terms of this RLP.

C. The Offeror's executed Lease shall constitute a firm offer. No Lease shall be formed until the Lease Contracting Officer (LCO) executes the Lease.

action required: leasing specialist to input the requirements below

AMOUNT and type of space and lease term (simplified) (Aug 2011)

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;

PARKING SPACES (SURFACE)

PARKING SPACES (STRUCTURE)

INITIAL FIRM TERM

intentionally deleted

ACTION REQUIRED: LOCATION paragraphs-

· Choose ONLY ONE OF THE Two PARAGRAPHS; THE OTHER MUST BE DELETED.

· use miles or feet for the distance variables in the paragraphs below. THese are standard measurements. city blocks vary in length and do not allow useful comparisons of distance. the ½ mile variable in the paragraphs is predicated on USGBC criteria for leed buildings.

· FILL IN THE parking VARIABLE, below, WITH A reasonable amount, in conformance with local market PRACTICE.

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 onsite shall at least meet current local code requirements, or in the absence of a local code requirement, onsite 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 5 miles of the employee entrance of the offered building, as determined by the LCO. Other employee services, such as retail shops, cleaners, and banks, shall also be located within the immediate vicinity of the building as determined by the LCO. Amenities must be existing or the Offeror must demonstrate to the Government’s reasonable satisfaction 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 onsite shall at least meet current local code requirements, or, in the absence of a local code requirement, onsite 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. Amenities must be existing or the Offeror must demonstrate to the Government’s reasonable satisfaction that such amenities will exist by the Government’s required occupancy date.

Action Required: The list of attachments is not comprehensive. add or delete items on the list as appropriate for the specific transaction (e.g. seismic form)The general clauses gsa form 3517 applicable to the simplified lease are incorporated into the rlp lease document and do not need to be listed here.

Note: EXHIBITS SHOULD BE labeled with sequential letters.

LIST OF RLP DOCUMENTS (simplified) (APR 2011)

The following documents are included as part of the Request for Lease Proposals:

DOCUMENT NAME

NO. OF PAGES

EXHIBIT

LEASE DESCRIPTION (simplified) (Aug 2011)

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

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

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.

The Lease contemplated by this RLP is a fully serviced, turnkey Lease with a fixed rent that will be inclusive of all Lessor costs, including all TIs, operating costs, and taxes. Rent will be based upon a proposed rental rate per rentable square foot (RSF), limited by the offered rate and the maximum ABOA square feet solicited under this RLP. The Tenant Improvements to be delivered by the Lessor will be based upon information provided with this RLP and lease, including Agency Specific Requirements. The Lessor will be required to design and build the TIs and will be compensated for the TI costs based upon turnkey pricing established under the Lease. 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 TI costs resulting from use of existing improvements.

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 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 establishing the actual annual rent, and the Lease term shall commence.

RELATIONSHIP OF RLP BUILDING MINIMUM REQUIREMENTS AND LEASE OBLIGATIONS (APR 2011)

The Lease establishes various requirements relating to the building shell; such requirements are not deemed Tenant Improvements. 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.

AUTHORIZED REPRESENTATIVES (Aug 2011)

With respect to all matters relating to this RLP, only the Government's Lease Contracting Officer (LCO) designated below shall have the authority to amend the RLP and award a Lease. The Government shall have the right to substitute its LCO without notice or express delegation by the prior LCO.

Primary Lease Contract Officer (LCO):

Jeffery Lewis USDA/NRCS West Virginia State Office

Tel: (304) 284-7558 Fax: (304) 284-4834 Jeff.Lewis@wv.usda.gov

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

Alternate Government Contact:

Amy Stonebraker

(304) 284-7557 Amy.Stonebraker@wv.usda.gov

INCLUDE THIS CLAUSE ONLY IF THE BROKER CONTRACT WAS USED.

BROKER COMMISSION AND COMMISSION CREDIT (Apr 2011)

ELIGIBILITY AND PREFERENCES FOR AWARD

Efficiency of Layout (simplified) (Aug 2011)

In order to be acceptable for award, the offered space must provide for an efficient layout as determined by the LCO. To demonstrate potential for efficient layout, the Government may request the Offeror to provide a test fit layout at the Offeror’s expense.

FLOOD PLAINS (APR 2011)

An award of contract will not be made 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. If an Offeror intends that the offered property that will become the demised 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 Contracting Officer may, in its sole discretion, determine that the offered property does not adequately avoid development in a 100-year floodplain.

action required: All Locations Other than GSA Regions 8, 9, and 10, use the first seismic safety provision. AND DELETE THE SECOND VERSION. Mandatory for all leases unless both of the following conditions apply: the lease Is less than 10,000 square rentable square feeT, and the government occupies less than 50% of building.

SEISMIC SAFETY (In locations OTHER THAN GSA Reions 8, 9, and 10) (Aug 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, 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, the Government may elect to make no lease award.

B. “Fully meet” as used herein with regard to the seismic safety requirements means that the Offeror has provided a written certification (example available from 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. FEMA178, NEHRP Handbook for the Seismic Evaluation of Existing Buildings, will be replaced with FEMA310, 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

178[footnoteRef:1] [1: The 15 common building types as they are defined in FEMA-178.

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 rentable square feet or less AND

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

4. FEMA310, Handbook for the Seismic Evaluation of Buildings: A Prestandard, can be obtained at www.degenkolb.com/0_0_Misc/0_1_FEMADocuments/fema310/prestnd.html.

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, Gaithersburg, MD 20899, or at http://.fire.nist.gov/bfrlpubs/build94/PDF/b94037.pdf

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 FEMA310 and shall identify all deficiencies. Documentation of this evaluation shall be made available to the Government.

USE THIS ALTERNATE FOR Locations in GSA REGIONS 8, 9, AND 10 SEISMIC SAFETY (REGIONS 8, 9, and 10) (APR 2011)

Action Required: MAY BE DELETED WHEN MARKET SURVEY INDICATES THAT SPACE IS NOT AVAILABLE IN HISTORIC properties as described below AT LCO’s DISCRETION.

GSAR 552.270-2 HISTORIC PREFERENCE (APR 2011)

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

1. Historic properties within historic districts.

2. Non-historic developed sites 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 (SF) (ANSI/BOMA Office Area (“ABOA”)) 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 a 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 SF (ABOA) 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 for the actual prices proposed by the successful Offeror and accepted by the Government.

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 a historic district.

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

3. A historic property outside of a historic district.

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

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

ACCESSIBILITY (Aug 2011)

The Lease contemplated by this RLP contains building requirements for 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.

FIRE protection AND LIFE SAFETY (aug 2011)

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, Offerors must either:

SECURITY (APR 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.

ENERGY INDEPENDENCE AND SECURITY ACT (AUG 2011)

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 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.

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 rentable square feet 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 recover the costs of 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/) and Building Upgrade Value Calculator (http://www.energystar.gov/financial evaluation) 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.

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

HOW TO OFFER

GENERAL INSTRUCTIONS (APR 2011)

Offeror is required to submit a complete signed lease document, including all required exhibits, using the forms provided with this RLP to the Government as indicated below. Offeror's submission constitutes its offer to enter into a binding lease. A Lease is binding when the LCO countersigns the Offeror's signed lease document.

TYPE IN APPROPRIATE TIME AND PLACE FOR RECEIPT OF OFFERS on cover page RECEIPT OF Lease Proposals (sep 2011)

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

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

1. No later than 4:00pm EST on the following date at the following designated office and address:

Morgantown, WV 26505

2. No later than 4:00pm EST on the following date at the following email address:

Email Address:

Jeff.Lewis@wv.usda.gov

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

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

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

F. There will be no public opening of offers, and all offers will be confidential until the lease has been awarded. However, the Government may release proposals outside the Government such as to support contractors to assist in the evaluation of offers. Such Government contractors shall be required to protect the data from unauthorized disclosure action required: This list is not comprehesive. Add or delete items appropriate for your specific acquisition Proposal contents (simplified) (aug 2011)

The proposal shall consist of the following documents:

DOCUMENT NAME OR DESCRIPTION

Lease No. 57-3D47-13-001 (Form L201-A), signed and initialed by Offeror

Proposal to Lease Space (GSA Form 1364A), completed and signed by Offeror

Simplified Lease Proposal Data (GSA Form 1364A-1), completed and signed by Offeror

Representations and Certifications (GSA Form 3518A), completed and signed by Owner

Fire Protection and Life Safety information and documents (See Fire Protection and Life Safety clause in RLP and Lease for applicable requirements

Pre-Lease Building Security Plan, completed by Offeror, if applicable

Auto CAD or scaled floor plans delineating the Premises proposed by the Offeror

Seismic certification or exemption memo

Historic Property information and documentation, if applicable, per the Historic Preference clause

Registration in the Central Contractor Registration (CCR) System

USDA DR3901-001; ITS Space Standards, Initialed by the Offeror

BUILDING AND SITE information (simplified) (Aug 2011)

MANDATORY PARAGRAPH

A. No later than the due date for final proposal revisions, the Offeror shall submit to the LCO proof of the ENERGY STAR® label from EPA for the most recent twelve months.

MANDATORY PARAGRAPH

B. If the offered existing building will not have an ENERGY STAR® label by the date of final proposal revisions, then in accordance with one of the statutory exceptions listed in the “Energy Independence and Security Act” paragraph herein, a written statement addressing which energy efficiency and conservation improvements (per the Energy Independence and Security Act paragraph) can be made to the building must be submitted. If no cost-effective improvements can be made, the Offeror must demonstrate to the Government using the ENERGY STAR® Online Tools in the RLP paragraph, entitled “ENERGY INDEPENDENCE AND SECURITY ACT,” why no energy efficiency and conservation improvements are cost effective. This explanation will be subject to review by the LCO. If the explanation is considered unreasonable, the offer may be considered technically unacceptable.

tenant improvements included in offer (simplified) (aug 2011)

A. Tenant Improvements are those costs required for building out the Government demised area in accordance with the Government approved Design Intent Drawings (DIDs). All Tenant Improvements required by the Government for occupancy must be performed by the successful offeror as part of the rental consideration as turnkey pricing. All improvements shall meet the quality standards and requirements of this RLP package and its attachments.

B. The Tenant Improvement pricing must include all the Offeror’s administrative costs, general contractor fees, subcontractor’s profit and overhead costs, Offeror's profit and overhead, design costs, and other associated project fees necessary to complete the TIs. It is the successful offeror’s responsibility to prepare all documentation (working/construction drawings, etc.) required to receive construction permits. NO COSTS ASSOCIATED WITH THE BUILDING SHELL SHALL BE INCLUDED IN THE TI PRICING.

action required: Use this clause for full-service leases (the preferred method), and delete the clause that follows. If you use this clause and delete the clause that follows, also delete the clause “UTILITIES SEPARATE FROM RENTAL” in the lease in the section “UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM.”

OPERATING COSTS REQUIREMENTS INCLUDED IN OFFER (APR 2011)

The Government requires a fully serviced lease. The base for the operating costs adjustment will be established during negotiations based upon ABOA SF. The proposed methodology for operating costs adjustment shall include all items specified in the attached Lease document. The minimum requirements for normal hours, utilities, and janitorial services are specified in the attached Lease document. The offer shall clearly state whether the rental is firm throughout the term of the lease or if it is subject to annual adjustment of operating costs as indicated above. If operating costs will be subject to adjustment, those costs shall be specified in the proposal. Services, utilities, and maintenance shall be provided by the Offeror as part of the rental consideration.

action required: use this clause if the space is not fully serviced (net of utilities) and delete the preceding clause. If you use this clause and delete the preceding clause, also delete the clause “utilities” in the lease in the section “utilities, services, and obligations during the lease term”

UTILITIES SEPARATE FROM RENTAL / BUILDING OPERATING PLAN (APR 2011)

The Offeror shall specify which utilities, if any, are excluded from the rental consideration. If any such utilities are excluded, the Offeror shall obtain a statement from a registered professional engineer stating that all HVAC, plumbing, and other energy intensive building systems can operate under the control conditions stated in the Lease. The statement shall also identify all building systems that do not conform to the system performance values, including the "recommended" or "suggested" values of ANSI/ASHRAE Standard 90.1, “Energy Efficient Design of New Buildings Except Low Rise Residential Buildings,” or more restrictive state and local codes.

The Offeror shall submit a building operating plan with the offer. Such plan shall include a schedule of startup and shutdown times for operation of each building system, such as lighting, HVAC, and plumbing. Such plan shall be in operation on the Lease Term Commencement Date.

METHOD OF AWARD

AWARD BASED ON PRICE (aug 2011)

The Government reserves the right to make an award based upon initial offers. The lease will be awarded to the responsible Offeror whose offer conforms to the requirements of this RLP and the lease documents and is the lowest priced technically acceptable offer submitted. Refer to the "Price Evaluation (Present Value)" paragraph in this section of the RLP. 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.

present value price evaluation (simplified) (SEPT 2011)

A. If annual CPI adjustments in operating expenses are included, the Offeror shall be required to submit the offer with the total "gross" annual price per RSF and per ABOA SF and a breakout of the "base" price per RSF and ABOA SF for services and utilities (operating expenses) to be provided by the Lessor. The "gross" price shall include the "base" price. The base price per ABOA SF from which adjustments are made will be the base price for the term of the lease, including any option periods.

B. The Offeror must submit plans and any other information to demonstrate that the rentable space yields ABOA space within the required ABOA range. The Government will verify the amount of ABOA square footage and will convert the rentable prices offered to ABOA prices, which will subsequently be used in the price evaluation.

C. Evaluation of offered prices will be based on the annual price per ABOA SF, including all required option periods. The Government will perform present value price evaluation by reducing the prices to a composite annual price per ABOA SF price, as follows:

1. Parking and wareyard areas will be excluded from the total square footage but not from the price. For different types of space, the gross annual per ABOA sq. ft price will be determined by dividing the total annual rental by the total ABOA square footage excluding these areas.

2. Free rent will be evaluated in the year in which it is offered. The gross annual price is adjusted to reflect free rent.

3. Prior to the discounting procedure below, the total dollar amount of the Commission Credit (if applicable) will be subtracted from the first year’s gross annual rent, unless the provision of free rent causes the credit to apply against rent beyond the first year’s term, in which case the Commission Credit will be allocated proportionately against the appropriate year’s gross rent.

4. Also as stated in the "Broker Commission and Commission Credit" paragraph, the amount of any commission paid to GSA's Broker will not be considered separately as part of this price evaluation since the value of the commission is subsumed in the gross rent rate.

5. If annual adjustments in operating expenses will not be made, the gross annual price, minus the Commission Credit (if applicable), will be discounted annually at 5 percent to yield a gross present value cost (PVC).

6 If annual adjustments in operating expenses will be made, the annual price, minus the Commission Credit (if applicable) and minus the base cost of operating expenses, will be discounted annually at 5 percent to yield net PVC. The operating expenses will be both escalated at 2.5 percent compounded annually and discounted annually at 5 percent, then added to the net PVC to yield the gross PVC.

7. To the gross PVC will be added:

a. The cost of Government-provided services not included in the rental escalated at 2.5 percent compounded annually and discounted annually at 5 percent.

b. The annualized (over the full term) cost of any items, which are to be reimbursed in a lump sum payment. (The cost of these items is present value; therefore, it will not be discounted.)

c. The annual price for parking to accommodate the minimum number of spaces required for government vehicles, if not included in the shell rent and charged separately. The price will be discounted annually at 5 percent.

d. The cost of relocation of furniture, telecommunications, replications costs, and other move-related costs, if applicable.

8. The sum of either paragraphs 5 and 7 or paragraphs 6 and 7, divided by the ABOA SF will be the present value cost…