Proposal RLP 36C24924R0042-A R100 Oct. 2024.pdf

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New Campbell County CBOC
Solicitation number
36C24924R0042-A
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This document is a Request for Lease Proposals (RLP) issued by the Department of Veterans Affairs for a Community Based Outpatient Clinic (CBOC) in the general area of LaFollette, TN. The VA is seeking to lease between 5,000 to 6,750 rentable square feet of contiguous office space and a minimum of 25 on-site parking spaces. The lease term will be 10 years with 5 years firm. Proposals are due by 12/02/2024.

The space must be in a quality, Class A/4-5 CoStar rated building that is either new, modernized, or has undergone restoration. The building must comply with all current building, seismic, and accessibility code requirements and not be located in a flood zone. The Government will evaluate proposals on factors such as technical quality, building/design concept, offeror qualifications, site quality, past performance, and price/present net value. HUBZone small business price preferences may apply. The successful offeror will be responsible for providing a turnkey, fully serviced lease that includes all tenant improvements, operating costs, taxes, and security upgrades.

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VA REQUEST FOR

LEASE PROPOSALS

NO. 36C24924R0042

La Follette, TN

Offers due by 12/02/2024

In order to be considered for award, offers conforming to the requirements of the RLP shall be received no later than 3:00 PM Central Time on the date above.

See “Receipt of Lease Proposals” herein for additional information.

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

The information collection requirements contained in this Solicitation/Contract, that are not required by regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No. 3090-0086.

GLOBAL RLP– UPDATED

MACROS GSATEMPLATE R100

(10/24)

RLP NO. 36C24924R0042 Lessor Gov

GSA TEMPLATE R100 (10/24)

TABLEOF CONTENTS

GLOBALRLP–UPDATEDMACROS

SECTION 1 STATEMENT OF REQUIREMENTS

1.01 GENERALINFORMATION (OCT 2023)

1.02 AMOUNT AND TYPE OF SPACE, LEASE TERM, AND OCCUPANCY DATE (OCT 2022)

1.03 AREAOFCONSIDERATION (OCT 2021)

1.04 INTENTIONALLY DELETED (UNIQUE REQUIREMENTS (OCT 2021))

1.05 NEIGHBORHOOD, PARKING, LOCATION AMENITIES, AND PUBLIC TRANSPORTATION (OCT 2023)

1.06 LISTOF RLP DOCUMENTS (OCT 2024)

1.07 AMENDMENTS TO THE RLP (JUN 2012)

1.08 LEASE DESCRIPTION (OCT 2023)

1.09 RELATIONSHIP OF RLP BUILDING MINIMUMREQUIREMENTSANDLEASE OBLIGATIONS (OCT 2016)

1.10 PRICING OF SECURITY REQUIREMENTS (OCT 2022)

1.11 SECURITYLEVEL DETERMINATION FOR FACILITY HOUSINGOTHER FEDERAL TENANTS (APR 2011)

1.12 AUTHORIZED REPRESENTATIVES (OCT 2020)

1.13 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL BUSINESS SIZE STANDARD (OCT 2023)

SECTION 2 ELIGIBILITY AND PREFERENCES FOR AWARD

2.01 EFFICIENCYOF LAYOUT (AUG2011)

2.02 FLOODPLAINS (OCT 2022)

2.03 SEISMICSAFETY –MODERATE SEISMICITY (OCT 2023)

2.04 GSAR 552.270-2 HISTORIC PREFERENCE (DEVIATION) (JUL 2024)

2.05 ASBESTOS (OCT 2024)

2.06 ACCESSIBILITY (SEP 2013)

2.07 FIREPROTECTIONANDLIFE SAFETY (SEP 2013)

2.08 ENERGYINDEPENDENCE ANDSECURITY ACT (OCT 2023)

2.09 ENVIRONMENTAL CONSIDERATIONS (SEP 2013)

2.10 DUEDILIGENCEANDNATIONALENVIRONMENTALPOLICYACT REQUIREMENTS - RLP (OCT 2023)

SECTION 3

HOWTO OFFER

3.01 GENERAL INSTRUCTIONS (JUN 2012)

3.02 RECEIPT OF LEASEPROPOSALS (OCT 2023)

3.03 PRICING TERMS (OCT 2022)

3.04 BUDGET SCOREKEEPING; OPERATING LEASE TREATMENT (APR 2011)

3.05 INTENTIONALLY DELETED (PROSPECTUS LEASE (OCT 2022))

3.06

ADDITIONAL SUBMITTALS (OCT 2024)

3.07

TENANT IMPROVEMENTSINCLUDED IN OFFER (OCT 2020)

3.08 INTENTIONALLY DELETED (TURNKEYPRICINGWITHDESIGNINTENT DRAWINGS PRIOR TO AWARD (OCT 2017))

3.09 INTENTIONALLY DELETED (SECURITY IMPROVEMENTSINCLUDED IN OFFER (OCT 2022))

3.10

GREEN BUILDING RATING CERTIFICATIONFORTENANT INTERIORS (OCT 2023)

3.11 INTENTIONALLY DELETED (OPERATINGCOSTS REQUIREMENTSINCLUDED IN OFFER (JUN 2012))

RLP NO. 36C24924R0042 Lessor Gov

SECTION 4 METHOD OF AWARD

4.01 NEGOTIATIONS (OCT 2023)

4.02 HUBZONE SMALL BUSINESSCONCERNPRICE PREFERENCE WAIVER (OCT 2023)

4.03 INTENTIONALLY DELETED (AWARD BASEDONPRICE (OCT 2023))

4.04 OTHER EVALUATION FACTORS (OCT 2023)

FACTOR 1: TECHNICAL QUALITY

FACTOR 2: BUILDINGAND DESIGN CONCEPT

FACTOR 3: OFFEROR’S QUALIFICATIONS

FACTOR 4: QUALITY OF SITE

FACTOR 5: PAST PERFORMANCE

FACTOR 6: PRICE/PRESENT NET VALUE

4.05 PRESENT VALUE PRICE EVALUATION (OCT 2024)

4.06 AWARD (OCT 2023)

SECTION 5 ADDITIONALTERMS AND CONDITIONS

5.01 MODIFIEDRLP PARAGRAPHS (OCT 2016)

5.02 FLAGPOLE DISPLAY (OCT 2016)

5.03 SNOW REMOVAL (OCT 2020)

5.04 PROPOSALCONTENT FORSTANDARD LEASES

5.05 INTENTIONALLY DELETED (SWINGSPACE - RLP (OCT 2022))

RLP NO. 36C24924R0042 Lessor Gov GSA TEMPLATE R100 (10/24)

RLP NO. 36C24924R0042 Page 4 of 24 Lessor Gov

RLP

TEMPLATER100 (OCT 2023)

PROPOSALSNO.36C24924R0042

SECTION 1 STATEMENT OF REQUIREMENTS

1.01 GENERAL INFORMATION (OCT 2023)

A. This Request for Lease Proposals (RLP) sets forth instructions and requirements for proposals for a Lease described in the RLP documents.

The Government will evaluate proposals conforming to the RLP requirements in accordance with the Method of Award set forth below to select an Offeror for award. The Government will award the Lease to the selected Offeror, subject to the conditions below.

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

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

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

1.02 AMOUNTANDTYPEOFSPACE, LEASETERM, AND OCCUPANCY DATE (OCT 2022)

A. The Government is seeking a minimum of 5,000 to a maximum of 5,000 of American National Standards Institute/Building Owners and Managers Association (ANSI/BOMA) Occupant Area (ABOA) square feet (SF) 6,750 Rentable Square feet (RSF) of contiguous space within the Area of Consideration set forth below. See Section 2 of the Lease for applicable ANSI/BOMA standards.

CITY, STATE La Follette, TN

SPACE TYPE(S) Campbell CBOC

MINIMUMSQ. FT. (ABOA) 5,000

MAXIMUM SQ. FT. (RSF) 6,750

RESERVED PARKING SPACES

(TOTAL)

RESERVED PARKING SPACES

(SURFACE)

INITIALFIRM TERM 5 YEARS

NON-FIRM TERM 5 YEARS

TERMINATION RIGHTS AFTER YEAR FIVE

B. The Space shall be 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.

C. The Government requires 25 surface/outside parking spaces, reserved for the exclusive use of the Government. These spaces must be secured and lit in accordance with the Security Requirements set forth in the Lease. Offeror shall include the cost of this parking as part of the rental consideration.

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

E. Approximately 120 ABOA SF will be used for the operation of a vending facility under the provisions of the Randolph-Sheppard Act (20 USC 107

et. seq.). The Government will control the number, kind, and locations of vending facilities and will control and receive income from all automatic vending machines. Offeror shall provide necessary utilities and make related alterations. The cost of the improvements is part of Tenant Improvement (TI) costs. The Government will not compete with other facilities having exclusive rights in the building. The Offeror shall advise the Government if such rights exist.

The Government may provide vending machines within the Government's leased area under the provisions of the Randolph-Sheppard Act

(20 USC 107 et. seq.). If the Government chooses to provide vending facilities, the Government will control the number, kind, and locations of

REQUEST FOR LEASE

Page 5 of 24 RLP NO. 36C24924R0042 Lessor Gov vending facilities and will control and receive income from all automatic vending machines. Offeror shall provide necessary utilities and make related alterations. The cost of the improvements is part of Tenant Improvement (TI) costs. The Government will not compete with other facilities having exclusive rights in the building. The Offeror shall advise the Government if such rights exist.

F. The lease term shall be 10 Years, 5 Years Firm, with Government termination rights, in whole or in parts, effective at any time after the Firm Term of the Lease by providing not less than 60 days’ prior written notice. The Government reserves the right in the Lease to not include an option, or to reduce the length of an option, if inclusion of the option would cause the Lease to score as a capital lease, in accordance with the Budget Scorekeeping: Operating Lease Treatment paragraph of this RLP. Should the Government make the determination to modify the term or option(s), an amendment to the RLP will be issued.

G. The Lease Term Commencement Date will be on or about 12-01-2025, or upon acceptance of the Space, whichever is later.

1.03 AREAOF CONSIDERATION (OCT 2021)

The Government requests Space in an area bounded as follows:

North:

South:

East:

West:

Within 0.4 miles of U.S. 25 / SR 63 and 63 at Exit 141 on I-75

Middlesboro Rd, Wildwood Cir, and within 0.25 miles east of I-75

Within 0.4 miles of U.S. 25 / SR 63 and Old Mill Rd. On I-75I-75

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

1.04 INTENTIONALLY DELETED (UNIQUE REQUIREMENTS (OCT 2021))

1.05 NEIGHBORHOOD, PARKING, LOCATIONAMENITIES, AND PUBLIC TRANSPORTATION ( OCT 2023)

A. Neighborhood and Parking. 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 inconsonance with a professional image

B. Neighborhood and Parking 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, (See Memphis Local Code requirement). 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 1/2 walkable mile 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, but generally not exceeding 2 walkable miles of the employee entrance of the offered Building, as determined by the LCO. Two or more public or campus bus lines usable by tenant occupants and their customers shall be located within the immediate vicinity of the building, but generally not exceeding ½ walkable mile 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.

C. Walkability and Amenities.

1. Employee and visitor entrances of the building must be connected to public sidewalks by continuous, accessible sidewalks.

2. A variety of employee services, such as restaurants, retail shops, cleaners, and banks, shall be located within the immediate vicinity of the building. The primary functional entrance of the building shall be within safely accessible.

The remaining five(5)instances must fall within at least 2of the Diverse Use Categories shown below:

Diverse Use Category Uses

Food Retail Supermarket, Other food store with produce

Community-Serving Retail Clothing store or department store selling clothes, Convenience store, Farmer’s market, Hardware store, Pharmacy, Other retail

Services Bank, Gym, Health club, Exercise studio, Hair care, Laundry, Dry cleaner, Restaurant, Café, Diner (excluding establishments with only drive-throughs), Family entertainment venue (e.g., theater, sports), Electric Vehicle Supply Equipment (available for public use)

Civic and Community Facilities Adult or senior care (licensed), Childcare (licensed), Community or recreation center, Cultural arts facility (museum, performing arts), Educational facility (including K–12 school, university, adult education center, vocational school, community college), Government office that serves public on-site, Place of worship, Medical clinic or office that treats patients, Police or fire station, Post office, Public library, Public park, Social services center

Page 6 of 24 RLP NO. 36C24924R0042 Lessor Gov

To be considered, amenities must be accessible from the building by continuous sidewalks, walkways, or pedestrian crosswalks. 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.

1.06 LIST OF RLP DOCUMENTS (OCT 2024)

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

DOCUMENT NAME NO .OF PAGES EXHIBIT

Lease No. 36C24924L0005 (Template L100) 43 A

Agency’s Space Requirements w/ floor plan 8 B

Security Requirements for Level II 16 C

3516, Solicitation Provisions 7 D

3517B, General Clauses 21 E

Proposal to Lease Space (Form 1364) 4 F

Form1217, Lessor's Annual Cost Statement 2 G

Form 12000 for Prelease Fire Protection and Life Safety Evaluation for an Office Building (Part A or Part B) (See Section 3 for applicable requirements)

6 H

Seismic Offer Forms (For Seismic areas yellow and red only) 8 I

TICS Table EXCEL J

DOL Wage Determination (Davis Bacon) ( https://sam.gov/content/home) 6 K FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

3 L

SF330Architect-Engineer Qualifications 15 M

Small Business Subcontracting Plan Outline 18 N Past Performance Questionnaire 4 O

B. In addition to the documents identified above, this RLP package includes additional agency requirements containing sensitive information that is only available to Offerors upon request to the LCO or Alternate Government Contact as listed under Section 1 of this RLP.

1.07 AMENDMENTSTO THE RLP (JUN 2012)

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.

1.08 LEASE DESCRIPTION (OCT 2023)

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

B. The Lease contemplated by this RLP includes:

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

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

3. Building Shell standards and requirements.

4. Information concerning the tenant agency's buildout requirements, to be supplemented after award.

5. Security Requirements.

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

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

D. The Lease contemplated by this RLP is a fully serviced, turnkey Lease with rent that covers all Lessor costs, including all shell upgrades, TIs, operating costs, real estate taxes, and security upgrades. Rent shall be based upon a proposed rental rate per Rentable Square Foot (RSF), limited by the offered rate and the maximum ABOA SF solicited under this RLP. The Tenant Improvements to be delivered by the Lessor shall be based upon information provided with this RLP and Lease, including Agency Specific Requirements (ASR). The Lessor shall design and build the TIs and will be compensated for the TI costs based upon 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 installation, and Offerors are cautioned to consider those requirements before assuming efficiencies in its TI costs resulting from use of existing improvements.

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

https://sam.gov/content/home

Page 7of 24 RLP NO. 36C24924R0042 Lessor Gov

E. The security pricing process is described in a separate paragraph.

F. 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.

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

1.09 RELATIONSHIP OF RLP BUILDINGMINIMUM REQUIREMENTS ANDLEASE OBLIGATIONS (OCT 2016)

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

1.10 PRICINGOFSECURITY REQUIREMENTS (OCT 2022)

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

B.

The security requirements attached to this Lease includes a general list of countermeasures that may be installed in the leased Space as part of Tenant Improvements. The final list of security countermeasures will be determined during the design phase and identified in the design intent drawings and construction documents.

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

1.11 SECURITY LEVEL DETERMINATION FOR FACILITY HOUSING OTHER FEDERAL TENANTS (APR 2011)

If an Offeror is offering Space in a facility currently housing a federal agency, the security requirements of the facility may be increased, and the Offeror may be required to adhere to a higher security standard than other Offerors competing for the same space requirement. If two or more Federal space requirements are being competed at the same time, an Offeror submitting on both or more space requirements may be subject to a higher security standard if the Offeror is determined to be the successful Offeror on more than one space requirement. It is incumbent upon the Offeror to prepare the Offeror’s proposal accordingly.

1.12 AUTHORIZED REPRESENTATIVES (OCT 2020)

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. The Government shall have the right to substitute its LCO by notice, without an express delegation by the prior LCO.

Lease LCO:

Martin Frazier

Network Contracting Office (NCO) 09 1639 Medical Center Parkway, Suite 204, Murfreesboro, TN 37129

(615) 225-6960

MARTIN.FRAZIER@VA.GOV

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

Alternate Government Contact:

Hollie Dickey

Network Contracting Office (NCO) 09 1639Medical Center Parkway, Suite 204, Murfreesboro, TN 37129

(615) 225-3427

HOLLIE.DICKEY@VA.GOV

1.13 NORTH AMERICANI NDUSTRY CLASSIFICATIONSYSTEM (NAICS) CODE ANDSMALL BUSINESS SIZE STANDARD (OCT 2023)

A. The North American Industry Classification System(NAICS)code for this acquisition is 531120 (Exception).

B. The small business size standard for the applicable NAICS code is found HTTPS://WWW.SBA.GOV/SIZE-STANDARDS/.

mailto:MARTIN.FRAZIER@VA.GOV mailto:HOLLIE.DICKEY@VA.GOV https://www.sba.gov/size-standards/

RLP NO. 36C24924R0042 Lessor Gov

SECTION 2 ELIGIBILITY ANDPREFERENCES FOR AWARD

2.01 EFFICIENCY OF LAYOUT (AUG2011)

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

B. To demonstrate potential for efficient layout, the VA may request the Offeror to provide a test fit layout at the Offeror’s expense. The Government will advise the Offeror if the test fit layout demonstrates that the Government's requirement cannot be accommodated within the Space offered.

The Offeror will have the option of increasing the ABOA square footage offered, if it does not exceed the maximum ABOA square footage in this RLP offer package. If the Offeror is already providing the maximum ABOA square footage and cannot house the Government's space requirements efficiently, then the Government will advise the Offeror that the offer is unacceptable.

2.02 FLOODPLAINS (OCT 2022)

A Lease will not be awarded for any offered Property located within a 1-percent-annual-chance floodplain (formerly referred to as 100-year floodplain) unless the Government has determined that there is no practicable alternative. An Offeror may offer less than its entire site in order to exclude a portion of the site that falls within a floodplain, so long as the portion offered meets all the requirements of this RLP and does not impact the Government’s full use and enjoyment of the Premises. If an Offeror intends that the offered Property that will become the Premises for purposes of this Lease will be something other than the entire site as recorded in tax or other property records the Offeror shall clearly demarcate the offered Property on its site plan/map submissions and shall propose an adjustment to property taxes on an appropriate pro rata basis. For such an offer, the Government may determine that the offered Property does not adequately avoid development in a 1-percent-annual-chance floodplain.

In addition, a Lease will not be awarded for any offered Property adjacent to a 1-percent-annual-chance floodplain, where such an adjacency would, as determined by the Government, restrict ingress or egress to the Premises in the event of a flood, unless there is no practicable alternative.

2.03 SEISMICSAFETY –MODERATESEISMICITY (OCT 2023)

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

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

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

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

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

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

5. The offer includes a commitment to retrofit the building to satisfy all of the Basic Safety Objective requirements of ASCE/SEI 41 (Seismic

Form C, Part 1). If the Offeror proposes to retrofit the building, the offer must include a Tier 1 report with all supporting documents, a narrative explaining the process and scope of retrofit, and a schedule for the seismic retrofit. The Offeror shall provide a construction schedule, concept design for the seismic upgrade, and supporting documents for the retrofit, including structural calculations, drawings, specifications, and geotechnical report to the Government for review and approval prior to award. The documentation must demonstrate the seismic retrofit will meet the seismic standards and be completed within the time frame required.

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

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

D. Definitions. For the purpose of this paragraph:

1. “ASCE/SEI 31” means the American Society of Civil Engineers standard, Seismic Evaluation of Existing Buildings. You can purchase

ASCE/SEI from ASCE at (800) 548-2723 or by visiting HTTP://WWW.ASCE.ORG/PUBLICATIONS/.

http://www.asce.org/publications/

Page 9 of 24 RLP NO. 36C24924R0042 Lessor Gov

2. “ASCE/SEI 41” means American Society of Civil Engineers standard, Seismic Rehabilitation of Existing Buildings. You can purchase ASCE/SEI from ASCE at (800) 548-2723 or by visiting HTTP://WWW.ASCE.ORG/PUBLICATIONS/.

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

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

5. “RP 8” means “Standards of Seismic Safety for Existing Federally Owned and Leased Buildings ICSSC Recommended Practice 8 (RP 8),” issued by the Interagency Committee on Seismic Safety in Construction as ICSSC RP 8 and the National Institute of Standards and Technology as NIST GCR 11-917-12. RP 8 can be obtained from HTTPS://WWW.NIST.GOV/PUBLICATIONS/.

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

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

8. “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.

9. “Tier2Evaluation”means an evaluation by an Engineer in accordance with Chapter 4.0of ASCE/SEI 31.

10. “Tier3Evaluation”means an evaluation by an Engineer in accordance with Chapter 5.0 of ASCE/SEI 31.

2.04 GSAR 552.270-2 HISTORIC PREFERENCE (DEVIATION) (JUL 2024)

(a) The Government will give preference to offers of space in historic properties and historic districts 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 A ct (36 CFR 60.1).

(c) The offer of space must meet the terms and conditions of this solicitation. The Contracting Officer has discretion to accept alternatives to certain architectural characteristics and safety features defined elsewhere in this solicitation 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 ANSI/BOMA Occupant Area (ABOA) square feet (SF) present value 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 http://www.asce.org/publications/ https://www.nist.gov/publications/standards-seismic-safety-existing-federally-owned-and-leased-buildings-icssc https://www.ecfr.gov/current/title-36/section-60.3#p-60.3(d) https://www.ecfr.gov/current/title-36/section-60.1 https://www.ecfr.gov/current/title-36/section-60.3#p-60.3(c)

Page 10 of 24 RLP NO. 36C24924R0042 Lessor Gov 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

(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 ABOA SF present value 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.

(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.

2.05 ASBESTOS(OCT 2024)

A. The Government requires space with no asbestos-containing materials (ACM), or with undamaged, nonfriable ACM. For purposes of this paragraph, “space” includes the 1) space offered for lease; 2) common building area; 3) ventilation systems and zones serving the space offered;

and 4) the area above suspended ceilings and engineering space in the same ventilation zone as the space offered. Notwithstanding the preceding, if no offers are received for such space, the Government may consider space with thermal system insulation ACM (e.g., wrapped pipe or boiler lagging), which is not damaged or subject to damage by routine operations

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

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

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

E. The Government reserves the right to review Offeror’s existing records for compliance.

2.06 ACCESSIBILITY (SEP 2013)

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

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

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

2.07 FIREPROTECTION AND LIFESAFETY (SEP 2013)

The Lease contemplated by this RLP contains Building requirements for Means of Egress, Automatic Fire Sprinkler System, and Fire Alarm System.

In order to be eligible for award, Offeror must either:

A. Verify in the Lease proposal that the building in which Space is offered meets the Means of Egress, Automatic Fire Sprinkler System, and Fire Alarm System requirements of the Lease; or

Page 11 of 24 RLP NO. 36C24924R0042 Lessor Gov

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.

2.08 ENERGYINDEPENDENCE ANDSECURITY ACT (OCT 2023)

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. Subject to the exceptions below, unless one of the statutory exceptions listed in sub-paragraph C below applies, GSA may award a lease for a

Building only if the building has earned the ENERGY STAR® label conferred by the U.S. Environmental Protection Agency (EPA) within the most recent year prior to the due date for final proposal revisions. The term “most recent year” means that the date of award of the ENERGY STAR® label by EPA must not be more than 1 year prior to the due date of final proposal revisions. For example, an ENERGY STAR® label awarded by EPA on October 1, 2023, is valid for all lease procurements where final proposal revisions are due on or before September 30, 2024. Notwithstanding the above, buildings that meet any of the following are considered as equivalent to having an Energy Star label in the most recent year, provided they achieve an ENERGY STAR® label within 18 months after occupancy by the Government:

1. All new Buildings being specifically constructed for the Government, provided they achieve an ENERGY STAR® label within 18 months after occupancy by the Government and received the “Designed to Earn the Energy Star®” certification prior to construction.

2. All existing Buildings that have had an Energy Star® label but are unable to obtain a label in the most recent year (i.e., within 12 months prior to the due date for final proposal revisions) because of insufficient occupancy.

3. Newly built Buildings that have used Energy® Star’s Target Finder tool and either achieved a “Designed to Earn the Energy Star®” certification or received an unofficial score (in strict adherence to Target Finder’s usage instructions, including the use of required energy modeling) of 75 or higher prior to the due date for final proposal revisions and who are unable to obtain a label in the most recent year because of insufficient occupancy; or

4. An existing Building that is unable to obtain a label because of insufficient occupancy but that can produce an indication, through the use of energy modeling or past utility and occupancy data input into Energy Star’s® Portfolio Manager tool or Target Finder, that it can receive an unofficial score of 75 or higher using all other requirements of Target Finder or Portfolio Manager, except for actual data from the most recent year.

ENERGYSTAR® tools and resources can be f found at HTTPS://WWW.ENERGYSTAR.GOV/BUILDINGS/TOOLS-AND-RESOURCES.

C. Subject to subparagraph D below, EISA allows a federal agency to lease Space in a Building that does not have an ENERGY STAR® Label if:

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

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

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

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

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

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

2. Lighting Improvements.

3. Building Envelope Modifications.

4. Note: Additional information can be found on https://www.gsa.gov/real-estate/real-estate-services/leasing/sustainability-policies under “Sustainability Policies.”

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

F. Instructions for obtaining an ENERGY STAR® Label are provided at HTTP://WWW.ENERGYSTAR.GOV/BUILDINGS/FACILITY-OWNERS- AND-MANAGERS/EXISTING-BUILDINGS/EARN-RECOGNITION/ (use “Portfolio Manager” to apply). ENERGY STAR® tools and resources https://www.energystar.gov/BUILDINGS/TOOLS-AND-RESOURCES https://www.gsa.gov/real-estate/real-estate-services/leasing/sustainability-policies http://www.energystar.gov/buildings/facility-owners-and-managers/existing-buildings/earn-recognition/energy-star-certification http://www.energystar.gov/buildings/facility-owners-and-managers/existing-buildings/earn-recognition/energy-star-certification

RLP NO. 36C24924R0042 Lessor Gov can be found at HTTPS://WWW.ENERGYSTAR.GOV/BUILDINGS/TOOLS-AND-RESOURCES. The ENERGY STAR® Building Upgrade Manual (HTTP://WWW.ENERGYSTAR.GOV/BUILDINGS/FACILITY-OWNERS-AND-MANAGERS/EXISTING-BUILDINGS/SAVE-ENERGY/) and Building Upgrade Value Calculator (HTTP://WWW.ENERGYSTAR.GOV/BUILDINGS/TOOLS-AND-RESOURCES/BUILDING- UPGRADE- VALUE-CALCULATOR) are tools which can be useful in considering energy efficiency and conservation improvements to Buildings.

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

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

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

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

K. As part of the cost-effective upgrades specified under sub-paragraph D above, existing lighting systems must be upgraded to meet or exceed the stated lighting specifications in the Lease unless, with respect to upgrades otherwise in excess of the minimum stated requirements, Offeror can demonstrate, using the Building Upgrade Value Calculator discussed above, that such additional upgrades are not cost effective over the Firm Term of the Lease.

2.09 ENVIRONMENTAL CONSIDERATIONS (SEP 2013)

A. The Government requests space with no known hazardous conditions or recognized environmental conditions that would pose a health and safety risk or environmental liability to the Government.

B. Upon request by the Government, Offeror must provide all known previous use of the building.

C. Offeror must indicate in its written offer any known hazardous conditions or environmental releases with/from the offered Space, Building or Property.

2.10 DUEDILIGENCEANDNATIONALENVIRONMENTALPOLICY ACT REQUIREMENTS -RLP(OCT 2023)

A. Environmental Due Diligence.

1. At the direction of the LCO, the Offeror must provide, at the Offeror’s sole cost and expense, a current Phase I Environmental Site

Assessment (ESA), using the American Society for Testing and Materials (ASTM) Standard E1527-21 and timeline, as such standard may be revised from time to time. In accordance with ASTM standards, the study must be performed by an environmental professional with qualifications that meet ASTM standards. This Phase I ESA must be prepared with a focus on the Government being the “user” of the Phase I, as the term “user” is defined in E1527-21. Failure to submit the required study may result in dismissal from consideration.

2. If the Phase I ESA identifies any recognized environmental conditions (RECs), the Offeror will be responsible for addressing such RECs, at its sole cost and expense, including performing any necessary Phase II ESA (using ASTM Standard E1903-11), performing any necessary cleanup actions in accordance with federal and state standards and requirements and submitting a proposed schedule for complying with these obligations. The Government will evaluate whether the nature of any of the RECs, the results of the Phase II, any completed cleanup, and the proposed schedule meet the Government’s needs.

B. National Environmental Policy Act.

1. While the Offeror is responsible for performing all environmental due diligence studies of the offered Property, the Government is responsible for compliance with NEPA, whether in whole or in part, on its own or with the assistance of the Offerors. NEPA requires federal agencies to consider the effects of their actions on the quality of the human environment as part of the federal decision-making process and, to that end, the Government’s obligations may, and in some cases will, be augmented by the Offerors as described in greater detail in the RLP.

2. The Government may either request information from the Offerors to help it meet its obligations under NEPA or share information provided in response to this provision with federal, state and local regulatory agencies as part of its compliance responsibilities under NEPA and other applicable federal, state and local environmental laws and regulations. Further consultation with these regulatory agencies may be necessary as part of the NEPA process.

3. The Offerors are advised that the Government may be required to release the location of each offered site and other building specific information in public hearings or in public NEPA documents. By submitting an offer in response to this RLP and without the need for any further documentation, the Offeror acknowledges and consents to such release.

https://www.energystar.gov/BUILDINGS/TOOLS-AND-RESOURCES http://www.energystar.gov/buildings/facility-owners-and-managers/existing-buildings/save-energy/comprehensive-approach/energy-star http://www.energystar.gov/buildings/tools-and-resources/building-upgrade-value-calculator http://www.energystar.gov/buildings/tools-and-resources/building-upgrade-value-calculator http://www.energystar.gov/buildings/tools-and-resources/building-upgrade-value-calculator

RLP NO. 36C24924R0042 Lessor Gov

4. The Government reserves the right to reject any offer where (i) the NEPA-related documentation provided by the Offeror for the offered Property is inadequate, (ii) the offer entails unacceptably adverse impacts on the human environment, (iii) the identified adverse impacts cannot be readily mitigated, or (iv) the level of NEPA analysis is more extensive than is acceptable to the Government.

5. An Offeror must allow the Government access to the offered Property to conduct studies in furtherance of NEPA compliance. This requires research and field surveys to assess the potential impacts to the natural, social and cultural environments. Any recent studies previously conducted by the Offeror may be submitted to be included in the NEPA process.

6. The Government will not proceed with Lease award until the NEPA process is complete as evidenced by the Government’s issuance of a completed CATEX, EA or Environmental Impact Statement (EIS).

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