RLP 3IN0254 - REQUEST FOR LEASE PROPOSAL - R100.pdf

GSA TEMPLATE R100 (10/23)

GSA REQUEST

FOR LEASE

PROPOSALS

NO. 3IN0254

Jeffersonville, IN

Offers due by 01/29/2024

In order to be considered for award, offers conforming to the requirements of the RLP shall be received no later than 4:00pm CST 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 the regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No. 3090-0163.

GLOBAL RLP

TABLE OF CONTENTS

GLOBAL RLP

SECTION 1 STATEMENT OF REQUIREMENTS

1.01 GENERAL INFORMATION (OCT 2023) - MODIFIED

1.02 AMOUNT AND TYPE OF SPACE, LEASE TERM, AND OCCUPANCY DATE

(OFFICE/WAREHOUSE/PRODUCTION AREA) (OCT 2022) - MODIFIED

1.03 AREA OF CONSIDERATION (OCT 2021)

1.04 UNIQUE REQUIREMENTS (OCT 2021) - MODIFIED

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

MODIFIED

1.06 LIST OF RLP DOCUMENTS (OCT 2023)

1.07 AMENDMENTS TO THE RLP (JUN 2012)

1.08 LEASE DESCRIPTION (OCT 2023)

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

1.10 PRICING OF SECURITY REQUIREMENTS (OCT 2016)

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

1.12 AUTHORIZED REPRESENTATIVES (OCT 2020)

1.13 BROKER COMMISSION AND COMMISSION CREDIT (OCT 2020)

1.14 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL BUSINESS SIZE

STANDARD (OCT 2023)

1.15 PLANNED USE BY GOVERNMENT (WAREHOUSE/PRODUCTION AREA) (MAY 2014) - MODIFIED

1.16 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL BUSINESS SIZE

STANDARD (OCT 2023)

SECTION 2 ELIGIBILITY AND PREFERENCES FOR AWARD

2.01 EFFICIENCY OF LAYOUT (AUG 2011)

2.02 FLOOD PLAINS (OCT 2022)

2.03 SEISMIC SAFETY – MODERATE SEISMICITY (OCT 2023) - MODIFIED

2.04 SEISMIC SAFETY – HIGH SEISMICITY (OCT 2023) INTENTIONALLY DELETED

2.05 HISTORIC PREFERENCE (SEP 2013)

2.06 ASBESTOS (OCT 2023)

2.07 ACCESSIBILITY (SEP 2013)

2.08 FIRE PROTECTION AND LIFE SAFETY (SEP 2013)

2.09 ENERGY INDEPENDENCE AND SECURITY ACT (OCT 2023) - MODIFIED

2.10 ENVIRONMENTAL CONSIDERATIONS (SEP 2013)

2.11 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS - RLP (OCT 2023) –

MODIFIED

2.12 INTENTIONALLY DELETED

SECTION 3 HOW TO OFFER

3.01 GENERAL INSTRUCTIONS (JUN 2012)

3.02 RECEIPT OF LEASE PROPOSALS (OCT 2023)

3.03 PRICING TERMS (OCT 2022)

3.04 BUDGET SCOREKEEPING; OPERATING LEASE TREATMENT (APR 2011)

3.05 PROSPECTUS LEASE (OCT 2022)- MODIFIED

3.06 ADDITIONAL SUBMITTALS (OCT 2023) - MODIFIED

3.07 TENANT IMPROVEMENTS INCLUDED IN OFFER (OCT 2020)

3.08 TURNKEY PRICING WITH DESIGN INTENT DRAWINGS PRIOR TO AWARD (OCT 2017) INTENTIONALLY

DELETED

3.09 SECURITY IMPROVEMENTS INCLUDED IN OFFER (OCT 2022)

3.10 INTENTIONALLY DELETED

3.11 OPERATING COSTS REQUIREMENTS INCLUDED IN OFFER (JUN 2012)

3.12 UTILITIES SEPARATE FROM RENTAL / BUILDING OPERATING PLAN (JUN 2012) INTENTIONALLY DELETED 19

SECTION 4 METHOD OF AWARD

4.01 NEGOTIATIONS (OCT 2023)

4.02 HUBZONE SMALL BUSINESS CONCERN PRICE PREFERENCE WAIVER (OCT 2023)

4.03 AWARD BASED ON PRICE (OCT 2023)

4.04 INTENTIONALLY DELETED

4.05 INTENTIONALLY DELETED

4.06 INTENTIONALLY DELETED

4.07 INTENTIONALLY DELETED

4.08 INTENTIONALLY DELETED

4.09 PRESENT VALUE PRICE EVALUATION (OCT 2022)

4.10 AWARD (OCT 2023)

SECTION 5 ADDITIONAL TERMS AND CONDITIONS

5.01 MODIFIED RLP PARAGRAPHS (OCT 2016)

1.01 GENERAL INFORMATION (OCT 2023) - MODIFIED

1.02 AMOUNT AND TYPE OF SPACE, LEASE TERM, AND OCCUPANCY DATE

(OFFICE/WAREHOUSE/PRODUCTION AREA) (OCT 2022) - MODIFIED

1.04 UNIQUE REQUIREMENTS (OCT 2021) - MODIFIED

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

MODIFIED

1.15 PLANNED USE BY GOVERNMENT (WAREHOUSE/PRODUCTION AREA) (MAY 2014) - MODIFIED

2.03 SEISMIC SAFETY – MODERATE SEISMICITY (OCT 2023) - MODIFIED

2.09 ENERGY INDEPENDENCE AND SECURITY ACT (OCT 2023) - MODIFIED

2.11 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS - RLP (OCT 2023) –

MODIFIED

3.06 ADDITIONAL SUBMITTALS (OCT 2023) - MODIFIED

5.02 SWING SPACE – RLP (OCT 2022) – INTENTIONALLY DELETED

RLP NO. 3IN0254, PAGE 1 GSA TEMPLATE R100 (10/23)

REQUEST FOR LEASE

PROPOSALS NO. 3IN0254

January 8, 2024

GLOBAL RLP GSA TEMPLATE R100 (OCT 2023)

SECTION 1 STATEMENT OF REQUIREMENTS

1.01 GENERAL INFORMATION (OCT 2023) - MODIFIED

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 GSA Proposal to Lease Space (GSA 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, GSA will transcribe the successful Offeror’s final offered rent and other price data included on the GSA Form 1364 into the lease and transmit the completed Lease, including any appropriate attachments, to the successful Offeror for execution. Neither the RLP nor any other part of an Offeror’s proposal shall be part of the Lease except to the extent expressly incorporated therein. The Offeror should review the completed Lease for accuracy and consistency with his or her proposal, sign and date the first page, initial each subsequent page of the Lease, and return it to the 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.

E. Offeror may not use Federal agency name(s) and/or acronym(s), e.g., General Services Administration, GSA, in the entity name that owns and/or leases the Space to GSA.

1.02 AMOUNT AND TYPE OF SPACE, LEASE TERM, AND OCCUPANCY DATE (OFFICE/WAREHOUSE/PRODUCTION

AREA) (OCT 2022) - MODIFIED

A. The Government is seeking a minimum of 275,000 to a maximum of 325,000 of American National Standards

Institute/Building Owners and Managers Association (ANSI/BOMA) Office Area (ABOA) square feet (SF) of contiguous space within the Area of Consideration set forth below. See Section 2 of the Lease for applicable ANSI/BOMA standards.

Approximate Space breakout: Office: 16% of the total ABOA SF, Warehouse: 28% of the total ABOA SF, Production Area:

56% of the total ABOA SF. “Production Area” is defined as: Equipment, material, and staff to support mass commercial printing, packaging, and shipping operations.

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

C. Upon invitation by the Government, the Offeror shall tour Census's current facility to gain insight into their operations which shall aid in offer preparation development.

D. Automobile Parking: The Government requires 200 surface/outside parking spaces, of which 15 shall be reserved for the exclusive use of the Government (see note below in subsection D). A minimum of 30 parking spots must be accommodated within the security perimeter. These spaces must be secured and lit in accordance with the Security Requirements set forth in the Lease, Exhibit C. Offeror shall include the cost of this parking as part of the rental consideration.

E. Electric Vehicle Service Equipment (EVSE): The Facility must allow for fifteen (15) reserved parking spots served by networked electric vehicle service equipment, to be provided by the Lessor as part of the tenant improvements. One parking space shall meet handicap accessibility per the Lease.

1. The EVSE must track detailed usage, provide the ability for customers to pay with a card/app and restrict usage to specified authorized users through internet, wi-fi, or other network services.

2. Internet, wi-fi, and other network services may be included in the standard operating costs, if the are necessary and incidental to the EVSE.

F. Semi-Trailer Staging Area/Parking: 10 parking spaces sized for class 8 semi-trucks of which all shall be reserved for the exclusive use of the Government: all of the reserved spaces shall also be secured within a fenced-in area with a 10-foot-high

RLP NO. 3IN0254, PAGE 2 GSA TEMPLATE R100 (10/23)

fence with barbed wire angled outward, said fencing to be considered part of Shell Rent. In addition, the Lessor shall provide such additional truck parking spaces as required by the applicable code of the local government entity having jurisdiction over the Property.

G. Delivery Route. At least one unobstructed route at least 48 inches wide having no steps or abrupt changes in level to connect all accessible elements, spaces, buildings, and courses of passage.

H. Truck Turning Radius. At a minimum, a truck turning radius appropriately sized for 18-wheeler, semi-trailer, and trucks for all loading docks designed for such sized trucks. One-way design for service traffic is preferred in order to avoid the need for large turning areas.

I. Wareyard. A secured (fenced), level, wareyard area is required to enclose the docks and trailer parking. The fencing shall be provided as part of Shell Rent and shall be a minimum of 10 feet high with barbed wire angled outward. At a minimum, the wareyard surface shall be paved asphalt or concrete. The wareyard shall be lit, (the cost of lighting fixtures and installation being a part of Shell Rent) in accordance with the same standards set forth for parking areas as covered in Lease Section 3.45.

J. Property Perimeter. The property perimeter must meet FSL III requirements. Should new perimeter requirement be necessary then a reasonable requirement will be considered as meeting the Building Security Amortized Capital (“BSAC”) requirements of security fixtures and shall not be part of Shell Rent or TI but will be amortized separately as BSAC.

K. Warehouse - Floors and Floor Load. See lease Paragraph entitled FLOORS AND FLOOR LOAD–—SHELL (WAREHOUSE) in Section 3 of the Lease.

L. INTENTIONALLY DELETED

M. Loading Docks. (Also see the “LOADING DOCKS—SHELL (WAREHOUSE)” paragraph in Section 3 of the lease form).

Lessor shall provide a minimum of ten (10) loading dock(s) for the exclusive use of the Government. The dock height and configuration shall be 10 feet wide, 12 feet high with electric dock plates. All dock doors shall include electronic openers and levelers as a part of Shell Rent. Any other upgrades (e.g., security enhancements) to the dock doors shall be considered to be Tenant Improvements.

N. Approximately 250 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.

O. The lease term shall be 20 Years, 15 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 120 days’ prior written notice.

P. The Lease Term Commencement Date will be on or about July 1, 2026, or upon acceptance of the Space, whichever is later.

1.03 AREA OF CONSIDERATION (OCT 2021)

The Government requests Space in an area bounded as follows:

North: Route 31 to Highway 403 to Highway 3 to the Ohio River East: The Ohio River South: The intersection of the Ohio River and I-65 West: Starting at the intersection of the Ohio River and I-65 North to Highway 3

Buildings that have frontage on the boundary streets are deemed to be within the delineated Area of Consideration.

1.04 UNIQUE REQUIREMENTS (OCT 2021) - MODIFIED

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

A. The offered building/location must be pre-existing, including all required parking. Offers for new construction, including offers to construct an annex or addition to an existing building, will not be accepted. Buildings not completed as of issuance of this RLP may be deemed to be an existing building. For such offers, the offeror must demonstrate, to the satisfaction of the LCO that:

1) Plans for the offered building (including the required parking) have been submitted to the permitting authority for obtaining a construction permit prior to RLP issuance and, RLP NO. 3IN0254, PAGE 3 GSA TEMPLATE R100 (10/23)

2) The building envelope must be completed no later than 60 days after receipt of final proposal revision due date or prior to award, whichever comes later. Building Envelope is defined as: the foundation completed, exterior walls completed and in place, and roofing system installed.

B. If the property on which the offered building is located has or had Recognized Environmental Conditions (RECs) for which environmental regulating agencies have required remediation, evidence of completion of such remediation by letter or certificate from the regulating authority must be submitted no later than the final proposal revision due date. Such offers shall also be required to submit with their offers a copy of the Phase I Environmental Study identifying such RECs.

C. Offered space must be able to meet the occupancy date of no later than July 1, 2026. In addition, offered space may not be encumbered by existing tenants or leases, unless the Offeror can demonstrate, to the satisfaction of the LCO, that the offered space can be made available within a timeframe to meet the post award schedule.

D. Subleases will not be considered.

E. Space adaptable to efficient layout and workflow

F. The Government requires 24 hours a day, 7 days a week access to the space.

G. If multiple floors are offered, the offered space must be on consecutive floors. Warehouse and Production Area space must be located on the ground floor and must be adjacent. Up to 30,000 ABOA sf of the office component can be located above grade (i.e. on the second story).

H. The Production Area space requires a ceiling clearance of at least 20 feet.

I. The Warehouse space requires a ceiling clearance of at least 30 feet.

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

A. This sub paragraph is intentionally deleted.

B. 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 in consonance with a professional image. The parking-to-square-foot ratio available on-site shall at least meet current local code requirements, or, in the absence of a local code requirement, on-site parking shall be available at a ratio of one (1) space for every 750 ABOA of Space.

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 2.5-mile distance of at least five (5) instances of amenities, two of which must be inexpensive or moderately priced fast-food or eat-in restaurants. The remaining three (3) instances must fall within at least 2 of 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 (theater, sports) Electric Vehicle Supply Equipment (available for public use)

Civic and Community Facilities Adult or senior care (licensed), Child care (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

RLP NO. 3IN0254, PAGE 4 GSA TEMPLATE R100 (10/23)

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.

D. Transit Accessibility: A subway, light rail, or bus stop shall be located within the immediate vicinity of the Building, but generally not exceeding a safely accessible, walkable 4.5 miles from the principal functional entrance of the building, as determined by the LCO.

1.06 LIST OF RLP DOCUMENTS (OCT 2023)

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

DOCUMENT NAME

NO. OF

PAGES

EXHIBIT

Lease No. GS-05P-LIN01402 (Template L100) 54 A

Agency Specific Requirements 12 B

Security Requirements for Level III 15 C

GSA Form 3516, Solicitation Provisions 7 D

GSA Form 3517B, General Clauses 23 E

Proposal to Lease Space (GSA Form 1364) 4 F

GSA Form 1217, Lessor's Annual Cost Statement 3 G

GSA 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

FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)

4 I

Broker Commission Agreement 3 J

Small Business Subcontracting Plan 26 K

DOL Wage Determination 27 L

GSAR 552.270-33 Foreign Ownership and Financing Representation for High Security Leased Space

(JUN 2021)

4 M

Seismic Offer Forms 8 N

Prospectus Lease 3 O

Dual Agency Disclosure 2 P

B. INTENTIONALLY DELETED

1.07 AMENDMENTS TO 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.

RLP NO. 3IN0254, PAGE 5 GSA TEMPLATE R100 (10/23)

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

E. Unless the Government prepares Design Intent Drawings (DIDs), after award the Lessor must prepare DIDs for the leased

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

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

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

H. 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 GSA 3517B, General Clauses, and will be made part of the Lease.

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

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

1.10 PRICING OF SECURITY REQUIREMENTS (OCT 2016)

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

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

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.

RLP NO. 3IN0254, PAGE 6 GSA TEMPLATE R100 (10/23)

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:

Stephanie Carlson

(224) 209-6032 stephanie.carlson@gsa.GOV

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

Alternate Government Contact:

Clarissa Mahoney-Pascascio

(312) 888-6581

CLARISSA.MAHONEY@GSA.GOV

1.13 BROKER COMMISSION AND COMMISSION CREDIT (OCT 2020)

A. For the purposes of this RLP, (the Broker) is the authorized contractor real estate broker representing GSA. The

Government expects the Lessor to pay a commission to the Broker. By submitting an offer, the Offeror agrees that if the Offeror is paying a commission or fee in connection with this Lease to a listing agent, an offering agent, or broker, property manager, developer, or any other agent or representative, then the Offeror will pay a commission to the Broker to which the Broker would ordinarily be entitled consistent with local business practices, as evidenced through a brokerage agreement between the Offeror and the Broker. The commission will be negotiated between the Offeror and the Broker and will be based on a Lease term not to exceed the Firm Term of the Lease contemplated by this RLP. Commissions will not be negotiated or collected on option periods or for Lease terms beyond the Firm Term of the Lease. As part of the offer, the Offeror shall disclose all commissions and/or fees to be paid by the Offeror including both the Offeror’s agent(s), broker(s), property manager, developer or any other agent or representative and the Broker. The Offeror shall enter the commission amounts for its representative and the amount to GSA’s Broker in blocks 31a and 31b respectively on GSA Form 1217, Lessors Annual Cost Statement. An executed commission agreement reflecting this agreement shall be submitted with the initial offer.

B. Offerors are advised that there is a potential for a dual agency situation to arise under this procurement, whereby the

Broker’s Company may represent both GSA and another Offeror under this lease action. By submitting an offer, the Offeror acknowledges the potential for a dual agency situation. Should there be an actual dual agency, the Broker will notify all Offerors of the actual dual agency and request written acknowledgement statements from all Offerors.

C. For the benefit of the Government, the Broker has agreed to forego a percentage of any commission that it is entitled to receive in connection with the contemplated Lease. This amount shall be specifically set forth at time of lease award. The resulting total dollar value of the foregone commission (the Commission Credit) shall be applied in equal monthly amounts against rental payments due and owing under the Lease. The rental amount payable shall be reduced by the Commission Credit at the commencement of the Lease, over the minimum number of months that will not exceed the monthly shell rental, until the Commission Credit has been fully recaptured. The parties agree to execute a Lease Amendment setting forth the full nature, extent, terms, and conditions of commissions paid to the Broker and the Commission Credit to be applied against the Government’s rental payment obligations under the Lease. Commissions and/or credits shall be treated as confidential financial information and Offerors will refrain from public disclosure or using the information for any other purpose than that for which it was furnished without consent of the GSA LCO.

D. For purposes of price evaluation, the Commission Credit shall be treated as a deduction from the rent in accordance with the Method of Award. The amount of any commission paid to the Broker shall not be considered separately as part of this price evaluation since the value of the commission is included in the rental consideration.

1.14 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL 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/.

1.15 PLANNED USE BY GOVERNMENT (WAREHOUSE/PRODUCTION AREA) (MAY 2014) - MODIFIED

The Government shall be entitled to use the space for any lawful purpose. However, the Government intends to initially use the space for paper handling/publication operations. There will be storage of paper in extensive varieties of weights and configurations, supporting supplies for printing and shipping. Such use may involve the use of hazardous materials. The Government will agree in mailto:Clarissa.mahoney@gsa.gov https://www.sba.gov/size-standards/

RLP NO. 3IN0254, PAGE 7 GSA TEMPLATE R100 (10/23)

the Lease to use and maintain any hazardous materials in conformance with all applicable Federal, state, and local environmental regulations. Typical shipments will use 42”x 48” pallets fully loaded with paper. The offered space shall allow for 48”x48” pallet size in warehouse/production area to ensure efficiency. The offered space shall allow for 25’ racking heights in warehouse area and 15’ racking heights in the production area.

1.16 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL 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 codes is found at

HTTPS://WWW.SBA.GOV/DOCUMENT/SUPPORT-TABLE-SIZE-STANDARDS.

https://www.sba.gov/document/support-table-size-standards

RLP NO. 3IN0254, PAGE 8 GSA TEMPLATE R100 (10/23)

SECTION 2 ELIGIBILITY AND PREFERENCES FOR AWARD

2.01 EFFICIENCY OF LAYOUT (AUG 2011)

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

B. To demonstrate potential for efficient layout, GSA 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 FLOOD PLAINS (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 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 SEISMIC SAFETY – MODERATE SEISMICITY (OCT 2023) - MODIFIED

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

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

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

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

3. The offer includes a Seismic Certificate based on a Tier I Evaluation showing that the Building meets the Seismic Standards

(Seismic Form B). The submission must include the checklists and backup calculations from the Tier 1 Evaluation.

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

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

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

6. For offers in buildings under construction but not completed at the time of offer submission, the offer must include a pre-award commitment that the new Building under construction shall meet 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.

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D. Definitions. For the purpose of this paragraph:

• “ASCE/SEI 31” means the American Society of Civil Engineers standard, Seismic Evaluation of Existing Buildings. You can purchase ASCE/SEI from ASCE at (800) 548-2723 or by visiting HTTP://WWW.ASCE.ORG/PUBLICATIONS/.

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

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

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

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

HTTPS://WWW.NIST.GOV/PUBLICATIONS/.

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

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

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

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

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

2.04 SEISMIC SAFETY – HIGH SEISMICITY (OCT 2023) INTENTIONALLY DELETED

2.05 HISTORIC PREFERENCE (SEP 2013)

A. The Government will give preference to offers of Space in Historic Properties and/or 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 (NRHP).

3. Historic Property means any prehistoric or Historic District, site, building, structure, or object included in or been determined eligible for inclusion in the NRHP maintained by the Secretary of the Interior (36 CFR 800.16(l)).

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

C. The offer of Space must meet the terms and conditions of this RLP package and its attachments. The LCO has discretion to accept alternatives to certain architectural characteristics and safety features defined elsewhere in this RLP package 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.

http://www.asce.org/publications/ http://www.asce.org/publications/ https://www.nist.gov/publications/standards-seismic-safety-existing-federally-owned-and-leased-buildings-icssc

RLP NO. 3IN0254, PAGE 10 GSA TEMPLATE R100 (10/23)

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 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 an Historic District is offered, or the 10 percent preference does not result in such property being the lowest price technically acceptable offer, the Government will give a 2.5 percent price preference to suitable non-historic developed or undeveloped sites within Historic Districts.

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

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

E. When award will be based on the best value tradeoff source selection process, which permits tradeoffs among price and non-price factors, the Government will give a price evaluation preference, based on the total annual 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 Lease for the actual prices proposed by the successful Offeror and accepted by the Government.

G. To qualify for a price evaluation preference, Offeror 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.

2.06 ASBESTOS (OCT 2023)

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

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

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

D. Management Plan and Reinspection Report Submittals. If space is offered which contains ACM, the Offeror shall submit a current asbestos-related management plan or operations and maintenance plan, along with a current asbestos re-inspection report (performed within the past 5 years) 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.

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

2.07 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.

2.08 FIRE PROTECTION AND LIFE SAFETY (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

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.

2.09 ENERGY INDEPENDENCE AND SECURITY ACT (OCT 2023) - MODIFIED

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. INTENTIONALLY DELETED

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;

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.

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

RESOURCES.

C. Subject to subparagraph D. below, EISA allows a Federal agency to…