RFP LI-13760 Package (SIGNED).pdf

Commanding Officer

Naval Facilities Engineering Systems Command, Southwest

750 Pacific Highway, Floor 4 | Real Estate Department

San Diego, California 92132

REQUEST FOR PROPOSALS (RFP) LI-13760

17,913 SF TO 54,746 SF OF COMBINED INDOOR/OUTDOOR

COMMERCIAL CHILDCARE SPACE

FOR

NAVY CHILD YOUTH PROGRAMS (CYP)

SAN DIEGO, CALIFORNIA

January 21, 2021

LINDSEY E. GREEN

Real Estate Contracting Officer

THIS REQUEST FOR PROPOSALS (RFP) LI-13760 INCLUDES:

Delineated Area Map Attachment (1)

Offer Form Attachment (2)

Representations and Certifications Attachment (3)

US Government Lease For Real Property Attachment (4)

DoD Unified Facilities Criteria (UFC) 4-740-14N Attachment (5)

Physical Requirements for Child Care Center Attachment (6)

General Clauses Exhibit “A”

Special Provisions Exhibit “B”

Condition Report Exhibit “C”

OFFERS TO BE SUBMITTED BY March 4, 2021, 11:00 AM Pacific Daylight Time (PDT)

Written inquiries regarding this RFP LI-13760 shall be submitted electronically. The

Point of Contact (POC) for inquiries is Jasmine Moore, Realty Specialist, at jasmine.a.moore@navy.mil. The Government does not intend to respond to inquiries submitted less than five (5) days before the offer due date.

mailto:jasmine.a.moore@navy.mil

REQUEST FOR PROPOSALS (RFP) LI-13760

17,913 SF TO 54,746 SF OF COMBINED INDOOR/OUTDOOR

COMMERCIAL CHILDCARE SPACE

FOR

NAVY CHILD YOUTH PROGRAMS (CYP)

SAN DIEGO, CALIFORNIA

January 21, 2021

The Department of the Navy (DON), also at times referred to as “Government,” is considering leasing up to two (2) commercial childcare spaces (Facility or Facilities) each with minimum

11,913 Square Feet (SF) to maximum 38,681 Square Feet (SF) of indoor space and 6,000 Square

Feet (SF) to 16,065 Square Feet (SF) of outdoor space located within the greater San Diego

County area, under the process and terms outlined in this Request for Proposal (RFP). The potential facility lease(s) will be utilized to reduce childcare space shortages associated with

Navy personnel assigned to installations in Metro San Diego. The location of the facilities will be critical to meet childcare needs, due to personnel housing, duty stations, and community/traffic conditions of the greater San Diego County area.

The lease term shall begin on or around September 30, 2021 for a fixed period of one (1) year, and may be renewed by the Navy for up to four (4) additional one (1) year option periods, subject to appropriation of available funds.

This RFP LI-13760 is seeking offers that can meet ALL of the requirements specified herein.

This RFP shall not be considered a contract, a promise to a contract, or a commitment of any kind on behalf of the U.S. Government. A U.S. Government Lease will be required to be executed by the Real Estate Contracting Officer of Naval Facilities Engineering Systems

Command, Southwest, acting on behalf of the Department of the Navy.

REQUIREMENTS FOR BASIS OF AWARD

The Facility shall be highly maintained and structurally sound and not pose any security, health, safety or fire hazards. The Facility shall meet the following minimum Requirements:

1. Location:

a. The Facility must be located within a 15 mile radius of San Diego County to service Navy personnel assigned to installations in Metro San Diego. The Navy has identified preferred locations with either high populations of Navy personnel or close proximity to Metro San Diego Navy installations. See Attachment (1) map of preferred locations and Metro San Diego Navy installations.

b. The Facility must be, in the sole judgment of the Government, a location conducive to good quality of life to meet the purposes of a military childcare facility including:

i. general aesthetics of the Facility,

ii. exterior maintenance of the Facility and of the surrounding proposed space, general security of the Facility, adequate parking areas for personnel and visitors, including lighting and access.

2. Facility Requirements:

a. The Navy may consider offers for facilities with the capability to be minimally modified to meet child education type facility requirements or turn-key child educational facilities. Offer shall be for a minimum 11,913 SF to maximum

38,681 SF of indoor child educational facility space, with a minimum of 6,000 SF to maximum 16,065 SF of outdoor child educational facility space. As the requested minimum and maximum SF of outdoor child educational type facility is preferred, it may be considered adjustable.

b. Facility shall be mostly turn-key with childcare classrooms to accommodate a minimum of 80 to maximum 306 children.

c. The Navy prefers a child educational type facility in a single story building. Multi-story buildings will be considered if the proposed child educational type facility is located on the ground floor with easy access to outdoor space. Consideration of offers that include multi-story buildings will also be contingent upon Navy review of other building occupants.

d. Single location/campus location setting with single controlled entry; fenced perimeter enclosing outdoor green space for outdoor children’s activities.

e. Facility shall meet all federal, state, and local seismic and building codes for a childcare facility, and shall have the capability to meet Department of Defense

Unified Facilities Criteria (UFC) 4-740-14N “Navy and Marine Corps Child

Development Centers,” Attachment (5), prior to building occupancy. Prospective

Offers shall provide alternatives for any standard of UFC 4-740-14N that cannot be met on submitted Attachment (2) “Offer Form”

f. Facility shall have the capability to meet Anti-Terrorism/Force Protection

(“ATFP”) codes as specified in “Physical Requirements for Childcare Center,”

Attachment (6), prior to building occupancy. Prospective Offers shall provide alternatives for any standard of ATFP that cannot be met during the period of negotiations. The DON is open to proposed solutions or project ideas, provided that the Facility meets the DON’s space, security and “ATFP” requirements.

g. Parking:

i. Parking spaces (including parking decal, etc., if required) shall be adequate for all personnel occupying the leased space, to include visitors.

ii. Parking area secured and away from street traffic is preferred.

3. Interior Requirements: Space within the Facility shall contain or have the capability to be modified to meet, but not be limited to the criteria provided below (Please review

Attachment 5 for comprehensive UFC requirements):

a. Classroom spaces, children restrooms for toddlers/preschoolers, office/administrative space, lobby/reception, food service/kitchen, staff training/lounge/curriculum development spaces, adult restrooms to accommodate staff, laundry, janitor closet(s), and storage;

b. Facility shall have adequate and functional central heating and air-conditioning.

4. Service Requirements: The Facility and offered space must comply with ALL the requirements included in this RFP and may require inspection of the Facility and offered space as stated in Section 10 - Evaluation and Award Factors and must include the following.

a. Wireless internet

b. Local telephone service

c. Facility space maintenance (cleaning services)

d. All utilities (gas, electricity, hot/cold water, sewage, heat, air conditioning, and garbage collection/trash removal); and

e. All maintenance and repair

5. Miscellaneous Requirements:

a. Rent: Proposed rental amount shall be inclusive of all above requirements.

PROPOSAL SUBMITTAL REQUIREMENTS

6. Proposal Requirements: Offeror shall submit the following information:

a. Provide completed, signed, and dated proposal using the Attachment (2) “Offer

Form”;

b. Provide completed, signed, and dated Attachment (3) “Representations and

Certifications”;

c. Acknowledgement of receipt of any amendment to this RFP;

d. The Offeror shall provide the address, location description, pictures, site map of the premises and a floor plan of the space being offered to reflect square footage.

Pictures shall be in color and of both indoor and exterior areas; and

e. Register with System for Award Management (SAM) database.

7. Proposal Delivery.

a. Proposals must be received no later than 11:00 A.M. Pacific Daylight Time

March 4, 2021. The DON will not consider proposals submitted late. Facsimile submissions will not be accepted. Early submissions are accepted and welcomed.

All costs associated with RFP responses shall be at the responder’s sole expense and the DON shall not reimburse responders for these costs. Please be advised all submissions become Government property and shall not be returned. Interested parties are REQUIRED to submit four (4) hard copies of their proposal.

Offerors may submit proposals by mail, express mail service, or hand deliver offers to the following address:

Commanding Officer

Naval Facilities Engineering Systems Command, Southwest

Attn: Jasmine Moore, Code AM1.JM (LI-13760)

Phone: (619) 705-4474

750 Pacific Highway, Floor 4 | Real Estate Department

San Diego, CA 92132-5190

In addition to the REQUIRED four (4) hard copies, offerors may also submit proposals via e-mail to Jasmine.A.Moore@navy.mil and/or may provide an e-file of the proposal on a labeled compact disc or labeled digital versatile disk (no flash drives) accompanied with the hard copies submission.

b. Offer envelopes. Offerors shall affix their names and return addresses in the upper left corner of the offer envelope. Envelopes containing offers must be sealed. The outermost envelope or wrapper of proposal package shall clearly identify the RFP Number LI-13760 and the date and time offers are due. Clearly label “PROPOSAL ENCLOSED,” on the outermost envelope in which your offer is delivered.

c. Submission, modification, revision, and withdrawal of Proposal. Hard copy paper media proposals and modifications to proposals shall be submitted in sealed envelopes or packages, addressed to the office specified in 7.a., above, and showing the time and date specified for receipt, the RFP number (LI-13760), and the name and address of the Offeror. An Offeror using express mail should ensure that the proposal is marked on the outermost wrapper with the information in paragraph 7.b., above. A proposal may be modified or withdrawn by written notice sent by mail, or express mail and received at any time before award by the

Real Estate Contracting Officer. Withdrawals are effective upon receipt of notice by the Real Estate Contracting Officer. Offerors may submit modifications to their proposals at any time before the RFP closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award. The only acceptable evidence to establish the date of mailing of the proposal, modification, or withdrawal sent either by standard, registered or certified mail is the Postal Service postmark on the wrapper or on the original receipt from the Postal Service. If neither postmark shows a legible date, the proposal, modification or withdrawal shall be deemed to have been mailed late.

(The term "postmark" means a printed, stamped, or otherwise placed impression that is readily identifiable without further action as having been supplied and affixed on the date of mailing by the employees of the Postal Service.) The only acceptable evidence to establish the time of receipt at the office designated in 7.a., above is the time-date stamp of that office on the offer wrapper or other documentary evidence of receipt maintained by the Real Estate Contracting

Officer. Notwithstanding the above, a late modification of an otherwise successful proposal, which makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

mailto:Jasmine.A.Moore@navy.mil

d. Continuing Offer. All offers received shall be deemed valid continuing offers from the date and time of receipt of offers until award by the Government, provided such award takes place within ninety (90) days of the Offer Due Date.

8. Amendments and Acknowledgement of Amendments to the RFP. Notification of any changes (amendments) to the RFP will be done via the Contract Opportunities

(“beta.SAM.gov”) website at https://beta.sam.gov. It is the Offeror's responsibility to check the beta.SAM.gov website daily for any and all amendments to this RFP. Offeror shall acknowledge receipt of any amendment to this RFP by the date and time specified in the amendment(s). In addition, acknowledged amendments shall be submitted with the proposal. If this RFP is amended, all terms and conditions that are not amended remain unchanged.

9. Due Date. Proposals must be received no later than 11:00 A.M. Pacific Daylight Time, March 4, 2021. Proposals submitted incomplete or late shall not be considered.

EVALUATION AND AWARD FACTORS

10. Evaluation and Award Factors. It is the intent of the Navy that after a thorough review and evaluation of all responsive proposals received, up to two (2) offers will be selected for negotiation of the lease(s), and ultimate award(s). The Selected Offeror(s) for the period of negotiations will be offeror(s) whose proposal provides the best overall value to the Navy and is determined to be most advantageous to the Navy; provided, however, that the Navy may at its option, and without any liability, choose to reject any and all proposals without justification.

The Facility and offered space must comply with ALL the requirements included in this

RFP. Government may require inspection of the Facility and offered space. Attachment

(4), including Exhibits “A” through “C”, provides a copy of the lease terms and conditions. The Lease(s) will be awarded based on meeting ALL requirements and best overall value to the Navy.

Evaluations will be determined based on the Best Value, providing the greatest overall benefit in response to the requirement. All proposals shall be evaluated against the established criteria set forth below. (Factor 1 – Area of Consideration, Factor 2 – Facility

Requirements and Factor 3 – Price). In making the best-valued decision, the Government will consider Factors 1, 2 and 3. The relative order of importance of the non-price evaluation factors is that technical Factor 1 – Area of Consideration is more important than Factor 2 – Facility Requirements. The combined non-price factors, Factor 1, Area of Consideration, and Factor 2, Facility Requirements, are significantly more important than Factor 3, Price. The degree of importance of price as a factor could become greater depending upon the equality of the proposals for other factors evaluated.

Award(s) will be made to the responsible Offeror(s) whose offer conforms to the solicitation and represents the best value to the Government, price and non-price factors considered.

https://beta.sam.gov/

EVALUATION FACTORS

TECHNICAL FACTORS

TECHNICAL FACTOR 1: AREA OF CONSIDERATION

(1) RFP Submittal Requirement(s):

All properties offered to the Government in conjunction with this RFP must be located within a 15 mile radius of San Diego County to service Navy personnel assigned to installations located within Metro San Diego.

(2) Basis of Evaluation:

The basis of evaluation will include the Offeror’s proposed area of consideration. The

Offeror’s area of consideration will be evaluated based on meeting the location requirement set forth in the RFP. Offeror’s with a proposed area of consideration located within one of the Navy’s preferred locations may be assessed with a higher best value rating based on proximity to Navy personnel housing, Metro San Diego Navy installations, and commuting/traffic conditions that best meet Navy mission.

TECHNICAL FACTOR 2: FACILITY REQUIREMENTS

The Offeror shall meet all federal, state, and local seismic and building codes for a childcare facility, the capability to meet Department of Defense Unified Facilities Criteria (UFC) 4-

740-14N “Navy and Marine Corps Child Development Centers,” and the capability to meet

Anti-Terrorism/Force Protection (“ATFP”) codes as specified in “Physical Requirements for

Childcare Center,” prior to building occupancy.

The basis of evaluation will include the Offeror meeting the UFC requirements, and evaluation of any narrative describing alternatives for facility requirements that cannot be met, prior to building occupancy, as set forth in the RFP. Offeror’s proposing a single story building may be assessed with a higher best value rating based on Navy’s preference.

Consideration of offers that include multi-story buildings will be contingent upon Navy review of other building occupants.

FACTOR 3: PRICE

Offerors shall submit their proposed prices by completing Attachment 2, Offer Form, and shall provide a price proposal for the facility required by the RFP. Price proposals shall be submitted in a sealed envelope and conform with Section 7(c), of the Request for Proposals –

LI- 13760.

Price will be evaluated by totaling the yearly rate per square feet, as indicated in Offer Form, Attachment 2. The proposed total yearly rate per square feet proposed will be compared to the Government estimate and/or other independent price and cost information. The price proposal will be evaluated to determine the completeness and reasonableness of the Offeror’s proposal.

Completeness defined as, all pricing information required by the RFP has been provided, all mathematic computations are correct, and the pricing application understood. Prices are on an “all or none” basis, and failure to submit a price on an item or a number of items may cause this factor and the entire offer to be determined unacceptable. Conditional prices shall not be considered responsive or complete and will not be evaluated for award.

To ensure a fair and reasonable price analysis, the following techniques will apply:

(a) Comparison of proposed prices received in response to the RFP.

(b) Comparison of proposed prices with the Independent Government Estimate (IGE).

A price that is found to be unreasonably high in relation to the proposed work may be indicative of an inherent lack of understanding of the RFP requirements and may result in the overall proposal not being considered.

Any inconsistency, whether real or apparent, between proposed performance and price must be clearly explained in the price proposal. For example, if unique and innovative approaches are the basis for an apparently unbalanced/inconsistently priced proposal, the nature of these approaches and their impact on price must be completely documented. The burden of proof of price reasonableness rests solely with the Offeror.

This RFP shall not be considered a contract, a promise to a contract, or a commitment of any kind on behalf of the U.S. Government. A U.S. Government Lease will be required to be executed by the Real Estate Contracting Officer of Naval Facilities Engineering Systems

Command, Southwest, acting on behalf of the Department of the Navy.

11. Description of Lease and Execution Requirement. Within seven (7) days following award, successful Offeror(s) will be required to formally execute the Lease on a

STANDARD FORM 2 (See Attachment (4)) with the GENERAL CLAUSES attached as

Exhibit “A”; SPECIAL PROVISIONS attached as Exhibit “B”; and CONDITION

REPORT attached as Exhibit “C”. Payment of rent shall be monthly in arrears.

Although the Government plans to lease for an initial period of one (1) year, with an option for the Government to renew for up to four (4) additional option terms of one (1) year or a portion thereof, the required time frame cannot be firmly established. The

Government shall retain the right to terminate the lease in whole or in part at any time, without cause, by giving at least thirty (30) days written notice to the Lessor.

12. Payment. By participating in this competitive process, the Offeror understands and accepts that should he/she be selected for contract award, payments are made monthly in arrears.

13. Standard Conditions.

a. The Offeror/Lessor must have an active registration in the System for Award

Management (SAM) (formerly Central Contractor Registration (CCR) Vendor

Registration) (via the Internet at http://sam.gov) prior to lease award and throughout the term of the lease. The Lessor must update or renew registration annually. The Government will not process rent payments to Lessors without an active SAM Registration. The Government only recognizes changes of ownership of the leased premises after the new owner registers in the SAM system.

b. Award of this lease contract and all agreements related to the obligation of the

Government to make payments pursuant to the award of this Lease contemplated in this RFP are subject to United States law and the availability of appropriations.

Award of any lease contract under this RFP is contingent upon the availability of appropriated funds from which payments for contract purposes can be made. No legal liability on the part of the Government under this RFP or for any payment may arise until funds are made available to the Real Estate Contracting Officer for a lease contract and until the Offeror receives notice of such availability, to be confirmed in writing by the Real Estate Contracting Officer.

c. In the event sufficient funds are not made available, the Government shall not make an award under this RFP. Government, at its sole discretion, reserves the right to cancel this RFP without award.

d. Any information given to a prospective offeror concerning this RFP will be furnished promptly to all other prospective offerors, if that information is necessary in submitting offers or if the lack of it would be prejudicial to any other prospective offeror.

CONTRACT CLAUSES

e. 52.233-2 - SERVICE OF PROTEST (SEPT 2006)

i. Protests, as defined in section 33.101 of the Federal Acquisition

Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Real Estate Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from http://sam.gov/

NAVFAC Southwest Mailroom, 750 Pacific Highway, Floor 4 | Real

Estate Department, San Diego, CA 92132-5190. The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

f. 552.270-3 - PARTIES TO EXECUTE LEASE

i. If the Lessor is an individual, that individual shall sign the lease. A lease with an individual doing business as a firm shall be signed by that individual, and the signature shall be followed by the individual’s typed, stamped, or printed name and the words, “an individual doing business as

_____________ [insert name of firm]”.

ii. If the Lessor is a corporation, the lease must be signed in the corporate name, followed by the signature and title of the officer or other person signing the lease on its behalf, duly attested, and, if requested by the

Government, evidence of this authority to so act shall be furnished.

iii. If the Lessor is a partnership, the lease shall be signed with the partnership name, followed by the name of the legally authorized partner signing the same, and, if requested by the Government, a copy of either the partnership agreement or current Certificate of Limited Partnership shall accompany the lease.

iv. If the Lessor is a joint venture, the lease must be signed by each participant in the joint venture in the manner prescribed in paragraphs (a) through (c) of this provision for each type of participant. When a corporation is participating in the joint venture, the corporation shall provide evidence that the corporation in authorized to participate in the joint venture.

v. If the lease is executed by an attorney, agent, or trustee on behalf of the

Lessor, an authenticated copy of his power of attorney, or other evidence to act on behalf of the Lessor, shall accompany the lease.

g. 552.270-1 - INSTRUCTIONS TO OFFERORS—ACQUISITION OF

LEASEHOLD INTERESTS IN REAL PROPERTY (JUN 2011)

i. Definitions. As used in this provision—

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Real Estate Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing, writing or written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the RFP's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the RFP closing date, at the request of as allowed by a Real Estate Contracting Officer as the result or of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

ii. Amendments to RFP’s. If this RFP is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this RFP by the date and time specified in the amendment(s).

iii. Submission, modification, revision, and withdrawal of proposals.

1. Unless other methods (e.g., electronic commerce or facsimile) are permitted in the RFP, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages.

Offers must be:

a. Submitted on the forms prescribed and furnished by the

Government as a part of this RFP or on copies of those forms, and

b. Signed. The person signing an offer must initial each erasure or change appearing on any offer form. If the offeror is a partnership, the names of the partners composing the firm must be included with the offer.

2. Late proposals and revisions.

a. The Government will not consider any proposal received at the office designated in the RFP after the exact time specified for receipt of offers unless it is received before the Government makes award and it meets at least one of the following conditions:

i. It was sent by registered or certified mail not later than the 5th calendar day before the date specified for receipt of offers (e.g., an offer submitted in response to RFP requiring receipt of offers by the

20th of the month must have been mailed by the

15th).

ii. It was sent by mail (or telegram or facsimile, if authorized) or hand-carried (including delivery by a commercial carrier) if it is determined by the

Government that the late receipt was due primarily to Government mishandling after receipt at the

Government installation.

iii. It was sent by U.S. Postal Service Express Mail

Next Day Service-Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term “working days” excludes weekends and U.S. Federal holidays.

iv. There is acceptable evidence to establish that it was received at the activity designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers, and the Real

Estate Contracting Officer determines that accepting the late offer would not unduly delay the procurement.

v. It is the only proposal received.

b. Any modification or revision of a proposal or response to request for information, including any final proposal revision, is subject to the same conditions as in subparagraphs (2)(a)(i) through (2)(a)(v) of this provision.

c. The only acceptable evidence to establish the date of mailing of a late proposal or modification or revision sent either by registered or certified mail is the U.S. or Canadian

Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal

Service. Both postmarks must show a legible date or the proposal, response to a request for information, or modification or revision shall be processed as if mailed late. “Postmark” means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing.

Therefore, offerors or respondents should request the postal clerk to place a legible hand cancellation bull's eye postmark on both the receipt and the envelope or wrapper.

d. Acceptable evidence to establish the time of receipt at the

Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

e. The only acceptable evidence to establish the date of mailing of a late offer, modification or revision, or withdrawal sent by Express Mail Next Day Service-Post

Office to Addressee is the date entered by the post office receiving clerk on the “Express Mail Next Day Service-

Post Office to Addressee” label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service, “Postmark” has the same meaning as defined in paragraph (2)(c) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, offerors or respondents should request the postal clerk to place a legible hand cancellation bull's eye postmark on both the receipt and the envelope or wrapper.

f. Notwithstanding paragraph (2)(a) of this provision, a late modification or revision of an otherwise successful proposal that makes its terms more favorable to the

Government will be considered at any time it is received and may be accepted prior to award

g. An offeror may withdraw its proposal by written notice or telegram (including mailgram) received at any time before award. If the RFP authorizes facsimile proposals, an offeror may withdraw its proposal via facsimile received at any time before award, subject to the conditions specified in the provision entitled “Facsimile Proposals.” Proposals may be withdrawn in person by an offeror or an authorized representative, if the representative's identity is made known and the representative signs a receipt for the proposal before award.

h. If an emergency or unanticipated event interrupts normal

Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the RFP, and urgent Government requirements preclude amendment of the RFP or other notice of an extension of the closing date, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the RFP on the first work day on which normal Government processes resume. If no time is specified in the RFP, the time for receipt is 4:30 p.m., local time, for the designated

Government office.

3. Any information given to a prospective offeror concerning this

RFP will be furnished promptly to all other prospective offerors, if that information is necessary in submitting offers or if the lack of it would be prejudicial to any other prospective offeror.

4. Offerors may submit modifications to their proposals at any time before the RFP closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

5. After the RFP closing date and time, Offerors may submit revised proposals only if requested or allowed by the Real Estate

Contracting Officer.

6. The Government will construe an offer to be in full and complete compliance with this RFP unless the offer describes any deviation in the offer.

iv. Lease Award.

1. The Government intends to award up to two (2) lease(s) resulting from this RFP to the responsible offeror(s) whose proposals represents the best value after evaluation in accordance with the

RFP.

2. The Government may reject any or all proposals if such action is in the Government's interest.

3. The Government may waive informalities and minor irregularities in proposals received.

4. The Government intends to evaluate proposals and award a lease(s) without discussions with offerors (except clarifications).

Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint. If the Real Estate

Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Real Estate

Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. The

Government reserves the right to conduct discussions if the Real

Estate Contracting Officer later determines them to be necessary.

5. Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

6. The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line terms or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated lease price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A lease proposal may be rejected if the Real Estate Contracting

Officer determines that the lack of balance poses an unacceptable risk to the Government.

7. The execution and delivery of the Lease contract by the

Government establishes a valid award and contract.

8. The Government may disclose the following information in post award debriefings to other offerors:

a. The overall ranking of all offerors, when any ranking was developed by the agency during source selection; and

b. A summary of the rationale for award.

14. Special Notices.

a. Payment Due. The initial monthly rental payment under this contract shall become due on the first workday of the month following the month in which the occupancy of space is effective. As provided for by the lease, subsequent rent shall be paid in arrears, and will be due on the first workday of each successive month.

b. Leased Premises. All Offers submitted must be for a minimum 11,913 SF to a maximum 38,681 SF of indoor child educational type facility, with a minimum of

6,000 SF to a maximum 16,065 SF of outdoor child educational type facility. As the requested minimum and maximum SF of outdoor child educational type facility is preferred, it may be considered adjustable.

c. Availability. Offered space must be available for occupancy on or around

September 30, 2021.

d. Notification of PCB Hazardous Condition. The Lessor shall promptly notify the

Real Estate Contracting Officer and the tenant agency official of any leaks, spills, or other hazardous conditions, which involve polychlorinated biphenyls in any area of the Facility.

e. Termination – Erroneous Representation Concerning Polychlorinated

Biphenyls (PCBs) and/or Hazardous Waste Management.

i. The certification regarding PCBs contained in the representation and certification provision of this RFP is a material representation of fact upon which the Government relies when making award. If it is later determined that the presence of PCBs has been misrepresented, the Government reserves the right to require the Lessor, at no cost to the Government, to remove or retrofit any PCB equipment present in the Facility, in accordance with EPA regulations, or alternatively the Government may terminate the lease. This is in addition to other remedies available to the

Government.

ii. The certification regarding hazardous waste management contained in the representation and certification provision of this RFP is a material representation of fact upon which the Government relies when making award. If it is later determined that the presence of hazardous waste, or inappropriate handling thereof, has been misrepresented, the Government reserves the right to require the

Lessor, at no cost to the Government, to take the necessary action to mitigate the hazardous waste condition, in accordance with local, state and Federal laws, or alternatively the Government may terminate the lease. This is in addition to other remedies available to the Government.

GREATER SAN DIEGO COUNTY MAP WITH PREFERRED

COMMERCIAL CHILD CARE SPACE LOCATIONS AND

METRO SAN DIEGO U.S. NAVY INSTALLATIONS

Metro San Diego U.S. Navy Installation

Preferred Location/ Navy Personnel Housing

Attachment (1)

Request for Proposals LI-13760

Request for Proposals

(LI-13760)

Attachment (2)

OFFER FORM

To be Completed by Offeror

Offeror(s) may submit more than one (1) Facility for Evaluation by Submitting Multiple

Completed and Signed Offer Forms. Only Include One (1) Facility per Offer Form.

1. OFFEROR’S NAME, ADDRESS, TELEPHONE NUMBER

2. In compliance with all terms and conditions contained in Request for Proposals LI-13760, dated January 21, 2021, the undersigned hereby offers _____________ SF of indoor childcare space and ______________ SF of outdoor childare space.

3. If applicable, please provide alternatives for any standard of UFC 4-740-14N that cannot be met.

4. RENTAL RATE

LEASE TERM TOTAL MONTHLY RATE

(___________ SQ FT)

TOTAL YEARLY RATE

(___________SQ FT)

September 30, 2021 through September 29, 2022

OPTION YEARS TOTAL MONTHLY RATE

(___________SQ FT)

TOTAL YEARLY RATE

(___________SQ FT)

Option 1 – September 30, 2022 – September 29, 2023

Option 2 – September 30, 2023 – September 29, 2024

Option 3 – September 30, 2024 – September 29, 2025

Option 4 – September 30, 2025 – September 29, 2026

5. TYPED NAME(s) AND TITLE OF SIGNER

6. SIGNATURE(s)

7. DATE SIGNED

Attachment (3)

REPRESENTATIONS AND CERTIFICATIONS

To be Completed by Offeror

Complete appropriate boxes, sign, date, and attach to offer.

The Offeror makes the following Representations and Certifications. NOTE: The “Offeror,” as used on this form, is the owner of the property offered, not an individual or agent representing the owner.

1. ANNUAL REPRESENTATIONS AND CERTIFICATIONS FOR LEASEHOLD

ACQUISITIONS (APR 2015)

a. (1) The North American Industry Classification System (NAICS) code for this acquisition is 531120.

b. The System for Award Management (SAM) is a centrally located, searchable database which assists in the development, maintenance, and provision of sources for future procurements. The Offeror, by signing this addendum, hereby certifies he will register with SAM.

2. 552.203-72 REPRESENTATION BY CORPORATIONS REGARDING AN

UNPAID DELINQUENT FEDERAL TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW (DEVIATION) (OCT 2013)

a. In accordance with Sections 630 and 631 of Division of the Consolidated

Appropriations Act, 2012 (Pub. L. 112-74), and Section 101 of the Continuing

Appropriations Act, 2014 (Pub. L. 113-16) none of the funds made available by the Continuing Appropriations Act 2014 may be used to enter into a contract action with any corporation that---

i. Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

ii. Was convicted, or had an officer or agent of such corporation acting on behalf of the corporation convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation or such officer or agent and

REPRESENTATIONS AND CERTIFICATIONS Request for Proposal

LI-13760

Dated

01-21-2021

Attachment (3) made a determination that this action is not necessary to protect the interests of the Government.

b. The Contractor represents that—

i. It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

ii. It is [ ] is not [ ] a corporation that was convicted, or had an officer or agent of the corporation acting on behalf of the corporation, convicted of a felony criminal violation under any Federal law within the preceding 24 months.

3. The Offeror certifies that he/she has met ALL of the requirements of this Request for

Proposal.

4. The Offeror certifies that he/she has read, understands, and accepts all of the terms and conditions of the Lease and its Exhibits attached to this Request for Proposal.

5. The Offeror agrees upon acceptance of this proposal, to lease to the United States of

America, ___________ SF of childcare space described and as specified herein, in full compliance with and acceptance of the aforementioned Request for Proposal, with all attachments.

OFFEROR OR

LEGALLY

AUTHORIZED

REPRESENTATIVE

NAME, ADDRESS (INCLUDING ZIP

CODE)

Signature

TELEPHONE

NUMBER

Date

Attachment (4)

US GOVERNMENT

LEASE FOR REAL

PROPERTY

File Number: LI-XXXXX

DUNS:

CAGE:

TIN:

Date of Lease: September 30, 2021 Lease Number: N6247321RPXXXXX

THIS LEASE, made and entered into this date by and between whose address is and whose interest in the property hereinafter described is that of hereinafter called the Lessor, and the UNITED STATES OF AMERICA, acting by and through the Department of the Navy hereinafter called the Government:

WITNESSETH: The parties hereto for the consideration hereinafter mentioned, covenant and agree as follows:

1. The Lessor hereby leases to the Government the following described premises:

to be used for GOVERNMENT PURPOSES:

2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on September

30, 2021 through September 29, 2022, subject to termination and renewal rights as may be hereinafter set forth.

3. The Government shall pay the Lessor annual rent of $________________ at the rate of $____________ per sqft per month in arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable to:

4. The Government may terminate this lease IN WHOLE OR IN PART at any time by giving at least 30 days notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing.

Lease Number

N6247321RPXXXXX

File Number

LI-XXXXX

5. This lease may be renewed at the option of the Government, for the following terms, or any portion thereof, and at the following rentals:

May be renewed for up to four (4) additional one (1) year option terms.

Total Monthly Rate Total Yearly Rate

Option 1 – (September 30, 2022 – September 29, 2023) $________________ $________________

Option 2 – (September 30, 2023 – September 29, 2024) $________________ $________________

Option 3 – (September 30, 2024 – September 29, 2025) $________________ $________________

Option 4 – (September 30, 2025 – September 29, 2026) $________________ $________________ provided notice be given in writing to the Lessor at least 30 days before the end of the original lease term or any renewal term, notice being effective the date of mailing or facsimile transmission; all other terms and conditions of this lease shall remain the same during any renewal term.

Please note all future funding is subject to the Department of Defense Appropriations Act or the Continuing

Resolution Authority whichever becomes applicable.

Accounting Data:

6. The Lessor shall furnish to the Government, as part of the rental consideration, the following:

A) A minimum 17,913 SF to 54,746 SF of combined indoor/outdoor space, single location/campus child educational type facility to accommodate a minimum of 80 to 306 children. Additional amenities include classroom spaces, children restrooms for toddlers/preschoolers, office/administrative space, lobby/reception, food service/kitchen, staff training/lounge/curriculum development spaces, adult restrooms to accommodate staff, laundry, janitor closet(s), and storage.

B) Services such as wireless internet services, local telephone service, office space maintenance (cleaning services), all utilities (gas, electricity, hot/cold water, sewage, heat, air conditioning, and garbage collection/trash removal); and all maintenance and repair.

C) Adequate parking spaces for CDC personnel and visitors.

D) Facility shall meet all federal, state, and local seismic and building codes, and shall have the capability to meet Department of Defense Unified Facilities Criteria (UFC) 4-740-14N “Navy and Marine Corps

Child Development Centers”, prior to building occupancy.

E) Facility shall have the capability to meet Anti-Terrorism/Force Protection (“ATFP”) codes as specified in “Physical Requirements for ChildCare Center,” prior to building occupancy.

Lease Number

N6247321RPXXXXX

File Number

LI-XXXXX

6. Continued:

7. The following are attached and made a part hereof:

Exhibit “A”, General Clauses

Exhibit “B”, Special Provisions

Exhibit “C”, Condition Report

8. The following changes were made in this lease prior to its execution:

IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written.

LESSOR:

By: _________________________________________ ______________________________

Signature Title

In Presence of:

Signature Title

UNITED STATES OF AMERICA, acting by and through the Department of the Navy:

By: _________________________________________

Real Estate Contracting Officer

FC 4-740-14N

1 April 2014

FACILITIES CRITERIA (FC)

APPROVED FOR PUBLIC RELEASE; DISTRIBUTION UNLIMITED

NAVY AND MARINE CORPS

CHILD DEVELOPMENT CENTERS

Attachment (5)

FACILITIES CRITERIA (FC)

NAVY AND MARINE CORPS

CHILD DEVELOPMENT CENTERS

Any copyrighted material included in this FC is identified at its point of use.

Use of the copyrighted material apart from this FC must have the permission of the copyright holder.

U.S. ARMY CORPS OF ENGINEERS

NAVAL FACILITIES ENGINEERING COMMAND (Preparing Activity)

AIR FORCE CIVIL ENGINEER CENTER

Record of Changes (changes are indicated by \1\ ... /1/)

Change No. Date Location

This FC supersedes UFC 4-740-14, Design: Child Development Centers, dated 1 August 2002 and Final Draft UFC 4-740-14, Design: Child Development Centers, dated January 2009.

FOREWORD

Facilities Criteria (FC) provide functional requirements (i.e., defined by users and operational needs of a particular facility type) for specific DoD Component(s), and are intended for use with unified technical requirements published in DoD Unified Facilities Criteria (UFC). FC are applicable only to the DoD Component(s) indicated in the title, and do not represent unified DoD requirements. Differences in functional requirements between DoD Components may exist due to differences in policies and operational needs.

All construction outside of the United States is also governed by Status of Forces Agreements (SOFA), Host Nation Funded Construction Agreements (HNFA), and in some instances, Bilateral Infrastructure Agreements (BIA.) Therefore, the acquisition team must ensure compliance with the most stringent of the UFC (replace w/ FC), the SOFA, the HNFA, and the BIA, as applicable.

Because FC are coordinated with unified DoD technical requirements, they form an element of the DoD UFC system applicable to specific facility types. The UFC system is prescribed by MIL-STD 3007 and provides planning, design, construction, sustainment, restoration, and modernization criteria, and applicable to the Military Departments, Defense Agencies, and the DoD Field Activities. The UFC System also includes technical requirements and functional requirements for specific facility types, both published as UFC documents and FC documents.

FC are living documents and will be periodically reviewed, updated, and made available to users as part of the Services’ responsibility for providing criteria for military construction.

Headquarters, U.S. Army Corps of Engineers (HQUSACE), Naval Facilities Engineering Command (NAVFAC), and the Air Force Civil Engineer Center (AFCEC) are responsible for administration of the UFC system. Defense agencies should contact the preparing service for document interpretation and improvements. Technical content is the responsibility of the cognizant DoD working group. Recommended changes with supporting rationale should be sent to the respective service proponent office by the following electronic form: Criteria Change Request. The form is also accessible from the Internet site listed below.

FC are effective upon issuance and are distributed only in electronic media from the following source:

• Whole Building Design Guide web site http://dod.wbdg.org/.

Refer to UFC 1-200-01, General Building Requirements, for implementation of new issuances on projects.

AUTHORIZED BY:

JOSEPH E. GOTT, P.E.

Chief Engineer Naval Facilities Engineering Command http://www.wbdg.org/ccb/browse_cat.php?o=29&c=4 http://www.wbdg.org/ccb/browse_cat.php?o=29&c=4 http://dod.wbdg.org/

FACILITIES CRITERIA (FC)

REVISION SUMMARY SHEET

Document: FC 4-740-14N, Navy and Marine Corps Child Development Centers Superseding: UFC 4-740-14, Design: Child Development Centers, dated 1 August 2002 and Final Draft UFC 4-740-14, Design: Child Development Centers, dated January 2009.

Description of Changes: This FC separates the consolidated Tri-Service version and replaces the Final Draft Child Development Centers UFC version used by the Navy, into a Navy-only FC version for Child Development Center criteria.

Reasons for Changes: This FC contains the criteria for determining the appropriate size and complexity of Navy and Marine Corps Child Development Centers. It also provides non-Government standard resources that provide guidance in the design of these facilities.

Impact: The following improvements should result from this revision:

• This FC updates and clarifies the basic requirements for Navy and Marine Corps child…