RLP BILLINGS.docx

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Hangar Space, Billings Montana
Solicitation number
MT-27-0001
Issued by

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This is a Request for Lease Proposals (RLP) template document issued by the Federal Bureau of Investigation for hangar space in Billings, Montana. The RLP No. MT-26-0001 solicits proposals for a fully serviced lease of 8,000 to 9,999 rentable square feet (RSF) of hangar space with a 5-year initial full term and 3-year firm term, with 90-day termination rights during the non-firm term. The space must be located in Billings, Montana or within the delineated area of consideration, with 20 reserved parking spaces (all structured parking) required. The due date for offer submission is October 23, 2026, at 5:00 PM Central Time through the Requirement Specific Acquisition Platform (RSAP). The building must be modern, well-constructed with permanent facade materials, and meet all neighborhood, accessibility, and security requirements specified in the lease template. The procurement follows a two-step process: Step 1 requires submission of price offers (FBI Form 1364 Proposal to Lease Space and FBI Form 1217 Lessor's Annual Cost Statement) with scaled floorplans and parking documentation; Step 2, for the apparent lowest priced offeror only, requires due diligence submittals including financing evidence, zoning compliance, ownership documentation, proof of signing authority, fire protection and life safety evaluations, and environmental assessments. The lease will be awarded to the lowest priced technically acceptable offer based on present value price evaluation at 5 percent annual discounting, with consideration for HUBZone small business price preferences if applicable. The NAICS code is 531120 (lessors of nonresidential buildings) with the small business size standard referenced at www.sba.gov/size-standards. Lease Contracting Officer is Robert Bass (rmbass@fbi.gov) and Alternate Government Contact is Kimberly Auvil (kauvil@fbi.gov). The property must comply with Energy Independence and Security Act requirements, seismic safety standards (moderate seismicity applies to Billings area based on RP8 exemption map), floodplain avoidance standards, and historic preservation requirements as applicable.

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REQUEST FOR LEASE PROPOSALS

NO. MT-26-0001

Billings, MT Offers due by 10/23/2026

In order to be considered for award, offers conforming to the requirements of the RLP shall be received no later than 5:00 PM Central Time on the date above. See “Receipt of Lease Proposals” herein for additional information.

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

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

SLAT RLP

FBI TEMPLATE R100A (5/25)

Template Issued 5/2025

FBI TEMPLATE R100A (5/25)
FBI FORM R100A (5/25)

INSTRUCTIONS FOR CREATING LEASE AND REQUEST FOR LEASE PROPOSALS (RLP) DOCUMENTS

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

THIS TEMPLATE WAS UPDATED AS OF THE DATE SHOWN IN THE HEADER. THE DATE WILL NOT PRINT IF YOU TURN OFF THE HIDDEN TEXT PER THE INSTRUCTIONS BELOW. THE MOST UP-TO-DATE TEMPLATES ARE LOCATED ON THE OFFICE OF LEASING GOOGLE SITE AND G-REX.

TO REVEAL HIDDEN TEXT IN THE DOCUMENT—

1. CLICK ON THE FILE TAB AT THE TOP LEFT OF THE COMPUTER SCREEN.

2. CLICK ON “OPTIONS” AT THE LEFT OF THE SCREEN, NEAR THE BOTTOM.

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

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

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

TO TURN OFF HIDDEN TEXT: FOLLOW INSTRUCTIONS (1) THRU (5), ABOVE. WHEN YOU CLICK ON THE “HIDDEN TEXT” BOX, THE CHECKMARK WILL DISAPPEAR AND THE HIDDEN TEXT WILL NOT SHOW ON SCREEN OR IN PRINTED VERSIONS OF THE DOCUMENT.

TO INPUT DATA: IF A PARAGRAPH HAS BOLD RED Xs, A DOLLAR SIGN ($) FOLLOWED BY UNDERSCORING, OR EMPTY UNDERSCORING (_______), INPUT THE REQUIRED INFORMATION AND CHANGE FONT TO BLACK TEXT PRIOR TO ISSUANCE.

TO DELETE AND MODIFY PARAGRAPHS*

ALL PARAGRAPHS ARE STANDARDIZED AND MANDATORY UNLESS OTHERWISE NOTED IN THE HEADING “ACTION REQUIRED,” “OPTIONAL,” OR “NOTE.”. MANDATORY PARAGRAPHS MAY BE ALTERED AT THE DISCRETION OF THE LCO ONLY AFTER CONSULTATION WITH REGIONAL COUNSEL AND THE APPROPRIATE SUBJECT MATTER EXPERT, E.G., REGIONAL FIRE PROTECTION ENGINEER, REGIONAL ENVIRONMENTAL QUALITY ADVISOR, REGIONAL HISTORIC PRESERVATION OFFICER, BUT THE MANDATORY PARAGRAPHS MUST CONTAIN SUBSTANTIALLY THE SAME INFORMATION. IF IT IS DETERMINED TO DELETE A PARAGRAPH OR SUB-PARAGRAPH, TAKE THE FOLLOWING STEPS:

TO DELETE A PARAGRAPH—

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

2. CLICK ON THE DELETE KEY TO DELETE THE TEXT.

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

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

EXAMPLE: 2.05 OPERATING COST ADJUSTMENT INTENTIONALLY DELETED

5. ALTERNATELY, YOU MAY DELETE THE TITLE ALTOGETHER. USING YOUR CURSOR, CAREFULLY SELECT THE PARAGRAPH TITLE. OVERTYPE WITH THE WORDS “INTENTIONALLY DELETED.”

EXAMPLE: 2.05 INTENTIONALLY DELETED

TO DELETE A SUB-PARAGRAPH—

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

2. CHANGE LETTERING OR NUMBERING AS NECESSARY.

TO MODIFY ALL OR PART OF A PARAGRAPH—

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

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

3. SELECT AND COPY THE MODIFIED PARAGRAPH TITLE AND PARAGRAPH NUMBER.

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

5. PASTE THE TITLE YOU JUST COPIED.

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

7. SAVE YOUR CHANGES.

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

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

2. RIGHT CLICK TO VIEW DROP-DOWN WINDOW.

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

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

TO ADD SECURITY REQUIREMENTS

ATTACH THE APPROPRIATE DOCUMENT TITLED SECURITY REQUIREMENTS AFTER CONSULTING WITH FPS AND THE AGENCY TO DETERMINE THEIR SPECIFIC REQUIREMENTS USING THE APPROPRIATE FACILITY SECURITY LEVEL (FSL) I OR II. FOR ACTIONS 10,000 RSF OR LESS, DO NOT CONTACT FPS BUT INSTEAD USE FSL I UNLESS CLIENT AGENCY REQUESTS A HIGHER LEVEL. IF THE AGENCY REQUIRES A HIGHER FSL, THE RESPONSIBLE PBS ASSOCIATE SHOULD REACH OUT TO FPS TO CONFIRM THAT THIS HIGHER FSL IS APPROPRIATE.

NOTE: FOR SUCCEEDING OR SUPERSEDING LEASES AT THE CURRENT LOCATION, THE ISC REQUIREMENTS ARE NOT REQUIRED, BUT ARE RECOMMENDED. THE LEASING SPECIALIST MUST CONSULT WITH THE TENANT AGENCY TO DETERMINE THE APPROPRIATE SECURITY COUNTERMEASURES, IF ANY.

THE FOLLOWING INSTRUCTIONS APPLY TO SLAT MODEL ONLY:

· THIS MODEL USES SAM.GOV TO ISSUE THE RLP THROUGH THE ADVERTISEMENT

· THIS MODEL UTILIZES A 2 STEP OFFER PROCESS SIMILAR TO AAAP – OFFERORS SUBMIT A PRICE OFFER FIRST AND THE LOWEST OFFEROR SUBMITS DUE DILIGENCE DOCUMENTS AFTER

· THIS MODEL CAN ONLY BE USED FOR AVERAGE NET ANNUAL RENT THAT IS AT OR BELOW SIMPLIFIED LEASE ACQUISITION THRESHOLD (SLAT)

· THIS MODEL CAN ONLY BE USED FOR FSL LEVEL 1 AND 2

· THIS MODEL CAN ONLY BE USED WITH THE LOWEST PRICE TECHNICALLY ACCEPTABLE SELECTION METHOD

· THIS MODEL CANNOT BE USED IF OFFERS FOR NEW CONSTRUCTION ARE ANTICIPATED

· THIS MODEL UTILIZES DIGITAL SIGNATURE AS THE DEFAULT METHOD OF SIGNING THE LEASE CONTRACT

· THIS MODEL UTILIZES RSAP AS THE DEFAULT METHOD OF ACCEPTING OFFERS

IF THE LCO INTENDS TO ACCEPT OFFERS THROUGH PAPER OR EMAIL METHODS, REPLACE PARAGRAPH 3.02 WITH THE FOLLOWING TEXT

A. TRADITIONAL METHOD – PAPER E-MAIL:

1. OFFEROR IS AUTHORIZED TO TRANSMIT ITS LEASE PROPOSAL AS AN ATTACHMENT TO AN EMAIL. OFFEROR'S EMAIL SHALL INCLUDE THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE OFFEROR, AND IDENTIFY THE NAME AND TITLE OF THE INDIVIDUAL SIGNING ON BEHALF OF THE OFFEROR. OFFEROR'S SIGNED LEASE PROPOSAL MUST BE SAVED IN A GENERALLY ACCESSIBLE FORMAT (SUCH AS PORTABLE DOCUMENT FORMAT (PDF)), WHICH DISPLAYS A VISIBLE IMAGE OF ALL ORIGINAL DOCUMENT SIGNATURES, AND MUST BE TRANSMITTED AS AN ATTACHMENT TO THE EMAIL. ONLY EMAILS TRANSMITTED TO, AND RECEIVED AT, THE FBI EMAIL ADDRESS IDENTIFIED IN THE RLP WILL BE ACCEPTED. OFFEROR SUBMITTING A LEASE PROPOSAL BY EMAIL SHALL RETAIN IN ITS POSSESSION, AND MAKE AVAILABLE UPON FBI'S REQUEST, ITS ORIGINAL SIGNED PROPOSAL. OFFEROR CHOOSING NOT TO SUBMIT ITS PROPOSAL VIA EMAIL MAY STILL SUBMIT ITS LEASE PROPOSAL BY UNITED STATES MAIL OR OTHER EXPRESS DELIVERY SERVICE OF OFFEROR'S CHOOSING.

2. IN ORDER TO BE CONSIDERED FOR AWARD, OFFERS CONFORMING TO THE REQUIREMENTS OF THE RLP SHALL BE RECEIVED IN ONE OF THE FOLLOWING WAYS:

A) NO LATER THAN [TIME] [TIME ZONE] ON THE DATE SPECIFIED BELOW AT THE FOLLOWING DESIGNATED OFFICE AND ADDRESS:

DATE:

OFFICE:

ADDRESS:

B) NO LATER THAN [TIME] [TIME ZONE] ON THE DATE SPECIFIED BELOW AT THE FOLLOWING EMAIL ADDRESS:

DATE:

EMAIL ADDRESS:

3. OFFERS SENT BY UNITED STATES MAIL OR HAND DELIVERED (INCLUDING DELIVERY BY COMMERCIAL CARRIER) SHALL BE DEEMED LATE IF DELIVERED TO THE ADDRESS OF THE OFFICE DESIGNATED FOR RECEIPT OF OFFERS AFTER THE DATE AND TIME ESTABLISHED FOR RECEIPT OF OFFERS.

4. OFFERS TRANSMITTED THROUGH EMAIL SHALL BE DEEMED LATE IF RECEIVED AT THE DESIGNATED EMAIL ADDRESS AFTER THE DATE AND TIME ESTABLISHED FOR RECEIPT OF OFFERS UNLESS IT WAS RECEIVED AT THE INITIAL POINT OF ENTRY TO THE GOVERNMENT INFRASTRUCTURE NOT LATER THAN 5:00 P.M. ONE WORKING DAY PRIOR TO THE DATE SPECIFIED FOR RECEIPT OF PROPOSALS.

5. OFFERS DELIVERED THROUGH ANY MEANS AUTHORIZED BY THE RLP MAY BE ALSO DEEMED TIMELY IF THERE IS ACCEPTABLE EVIDENCE TO ESTABLISH THAT IT WAS RECEIVED AT THE GOVERNMENT INSTALLATION DESIGNATED FOR RECEIPT OF PROPOSALS AND WAS UNDER THE GOVERNMENT’S CONTROL PRIOR TO THE TIME SET FOR RECEIPT OF PROPOSALS; OR IF IT WAS THE ONLY PROPOSAL RECEIVED.

TABLE OF CONTENTS

SLAT RLP1
SECTION 1STATEMENT OF REQUIREMENTS1
1.01GENERAL INFORMATION (SLAT) (oct 2023)1
1.02AMOUNT and type of space and lease term (SLAT) (OCT 2020)1
1.03NEIGHBORHOOD and PARKING (SLAT) (Oct 2021)1
1.04LIST OF RLP DOCUMENTS (SLAT) (oct 2023)2
1.05LEASE DESCRIPTION (SLAT) (MAY 2025)2
1.06AUTHORIZED REPRESENTATIVES (OCT 2020)3
1.07BROKER COMMISSION AND COMMISSION CREDIT (OCT 2020)3
1.08pricing of SECURITY requirements (OCT 2022)4
1.09north american industry classification system (NAICS) CODE and small business size standard (oCT 2023)4
SECTION 2ELIGIBILITY AND PREFERENCES FOR AWARD5
2.01Efficiency of Layout (SLAT) (OCT 2020)5
2.02FLOOD PLAINS (OCT 2022)5
2.03SEISMIC SAFETY – moderate seismicity (May 2025)5
2.04SEISMIC SAFETY – high seismicity (MAY 2025)6
2.05ENERGY INDEPENDENCE AND SECURITY ACT (MAY 2025)7
2.06DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS - RLP (OCT 2023)8
2.07NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS - RLP (SMALL) (OCT 2023)9
SECTION 3HOW TO OFFER10
3.01GENERAL INSTRUCTIONS (SLAT) (OCT 2020)10
3.02RECEIPT OF Lease Proposals (SLAT) (OCT 2024)10
3.03Step 1: OFFER Submittal (SLAT) (OCT 2023)10
3.04Step 2: Due Diligence - Additional Submittals (SLAT) (OCT 2024)12
3.05Building Tour (SLAT) (OCT 2020)14
3.06tenant improvements included in offer (SLAT) (OCT 2020)15
3.07OPERATING COSTS REQUIREMENTS INCLUDED IN OFFER (JUN 2012)15
3.08UTILITIES SEPARATE FROM RENTAL / BUILDING OPERATING PLAN (JUN 2012)15
3.09security improvements included in offer (OCT 2022)15
SECTION 4METHOD OF AWARD17
4.01NEGOTIATIONS (SLAT) (OCT 2023)17
4.02HUBZONE SMALL BUSINESS CONCERN Price Preference waiver (slat) (oct 2023)17
4.03AWARD BASED ON PRICE (oct 2023)17
4.04PRESENT VALUE PRICE EVALUATION (OCT 2024)17
4.05AWARD (SLAT) (OCT 2023)18
SECTION 5ADDITIONAL TERMS AND CONDITIONS20
5.01modified rlp paragraphs (OCT 2016)20
5.02Swing Space - RLP (OCT 2022)20

RLP TABLE OF CONTENTS FBI FORM R101C (JANUARY 2012)

THE SLAT RLP AND LEASE TEMPLATES (FBI TEMPLATE R100A AND L100A) REPLACES THE FOLLOWING LEASE MODEL DOCUMENTS:

· FBI TEMPLATES R101A AND L201A (SIMPLIFIED MODEL)

ALL PARAGRAPHS ARE STANDARDIZED FOR THIS MODEL AND MANDATORY UNLESS OTHERWISE NOTED IN THE HEADING. MANDATORY PARAGRAPHS MAY BE ALTERED AT THE DISCRETION OF THE LCO ONLY AFTER CONSULTATION WITH REGIONAL COUNSEL AND THE APPROPRIATE SUBJECT MATTER EXPERT, E.G., REGIONAL FIRE PROTECTION ENGINEER, REGIONAL ENVIRONMENTAL QUALITY ADVISOR, REGIONAL HISTORIC PRESERVATION OFFICER, BUT THE MANDATORY PARAGRAPHS MUST CONTAIN SUBSTANTIALLY THE SAME INFORMATION.

TYPE IN RLP NO. AND DATE. edit footers to include rlp no.

REQUEST FOR LEASE PROPOSALS NO. MT-26-0001
October, 15, 2026

SLAT RLP FBI TEMPLATE R100A (October 2024)

STATEMENT OF REQUIREMENTS

action required: THERE ARE TWO VERSION OF SUB-PARAGRAPH A.

version 1: CHOOSE THIS FIRST VERSION OF SUB-PARAGRAPH A FOR COMPETITIVE ACTIONS OR SOLE SOURCE ACTIONS WHERE IT HAS BEEN DETERMINED TO BE IN THE BEST INTEREST TO CONVEY THE APPEARANCE OF COMPETITION.

GENERAL INFORMATION (SLAT) (oct 2023)

ACTION REQUIRED: SELECT THE APPROPRIATE VERSION OF SUB-PARAGRAPH. DELETE ALTERNATE VERSION.

VERSION 1: USE FOR COMPETITIVE ACTIONS OR FOR SOLE SOURCE ACTIONS WHERE THE LCO DETERMINES THAT DISCLOSURE TO THE CURRENT LESSOR OF THE SOLE SOURCE NATURE OF THE PROCUREMENT IMPOSES UNDUE FINANCIAL RISK UPON THE GOVERNMENT.

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.

VERSION 2: USE FOR NON-COMPETITIVE SUCCEEDING OR SUPERSEDING LEASE ACTIONS AT THE CURRENT LOCATION.

A. This Request for Lease Proposals (RLP) sets forth instructions and requirements for proposals for a Succeeding or Superseding Lease where the Government is currently in occupancy and possession of the leased Premises. Unless otherwise noted, the Government will accept the leased Premises in their current condition, with the exceptions outlined in the RLP documents. The Government will evaluate the proposal conforming to the RLP requirements in accordance with the Method of Award set forth below. The Government will award the Lease 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 FBI Proposal to Lease Space (FBI 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. FBI will transcribe the successful Offeror’s final offered rent and other price data included on the FBI 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., Federal Bureau of Investigation, FBI, in the entity name that owns and/or leases the Space to FBI.

action required: input the requirements below, including required aboa sf and parking. add or delete items as needed.

AMOUNT and type of space and lease term (SLAT) (OCT 2020)

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

CITY, STATE
BILLINGS, MT
AREA OF CONSIDERATION
BILLINGS, MT
SPACE TYPE(S)
HANGAR
MINIMUM SQ. FT. (ABOA)
8000
MAXIMUM SQ. FT. (ABOA)
9999
RESERVED PARKING SPACES (TOTAL)
20
RESERVED PARKING SPACES (SURFACE)
0
RESERVED PARKING SPACES (STRUCTURE)
20
INITIAL FULL TERM
5
INITIAL FIRM TERM
3
TERMINATION RIGHTS
90 DAYS AND NON-FIRM TERM

action required: OPTIONAL PARAGRAPH Choose SUB-PARAGRAPH A, sub-paragraph- B, both A and B, or delete altogether, depending upon the characteristics of the delineated area. THIS MAY be modified if considering buildings in other than A commercial setting, i.e., mixed use.

leasing CO/spECIALIST MUST FILL IN THE parking VARIABLE, below, WITH A reasonable amount, in conformance with local market PRACTICE.

NEIGHBORHOOD and PARKING (SLAT) (Oct 2021)

A. Neighborhood and Parking: Inside City Center. Space shall be located in a prime commercial office district with attractive, prestigious, and professional surroundings with a prevalence of modern design and/or tasteful rehabilitation in modern use. Streets and public sidewalks shall be well maintained. Parking facilities with an adequate availability of parking spaces open to the general public to accommodate employees and visitors shall be located within the immediate vicinity of the Building but generally not exceeding a walkable 500 ft (RECOMMENDED: 2,640 FEET) of the employee entrance of the offered Building as determined by the LCO. These parking facilities do not substitute for the required parking under Paragraph 1.02(C).

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, onsite parking shall be available at a ratio of one (1) space for every 440 RSF of Space.

OPTIONAL SUB-PARAGRAPH

(SUBWAY, LIGHT RAIL, OR BUS SERVICE REQUIREMENTS)

NOTE: USE WHERE SUBWAY, LIGHT RAIL, OR BUS SERVICE EXISTS (REGARDLESS OF WHETHER OR NOT PUBLIC BUS SERVICE, STREETCAR, OR COMMUTER RAIL EXISTS).

NOTE: THIS SUB-PARAGRAPH REFLECTS THE OPTIMUM LEVEL OF TRANSIT.

C. 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 2,640 feet from the principal functional entrance of the building, as determined by the LCO.

Action Required: The list of attachments is not comprehensive. add or delete items on the list as appropriate for the specific transaction (e.g. seismic offer forms)..

Note: EXHIBITS SHOULD BE labeled with sequential letters.

note: see seismic paragraph instructions in section 2 to determine whether seismic submittals are required.

LIST OF RLP DOCUMENTS (SLAT) (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. MT-26-0001

Agency’s Requirements

Proposal to Lease Space (FBI Form 1364)

FBI Form 1217, Lessor's Annual Cost Statement

[FOR TURNKEY BSAC ONLY]

[FOR TURN-KEY ONLY]

[ATTACHMENT IS MANDATORY BUT RESPONSE IS CONTINGENT UPON RESPONSE TO SAM ONLINE REPRESENTATION 52.204-26]

[IF USING THE FBI BROKER CONTRACT]

ACTION REQUIRED. SUB-PARAGRAPH B ONLY APPLIES FOR RLP PACKAGES POSTED ON CONTRACT OPPORTUNITIES MODULE IN SAM.GOV WHERE THE RLP PACKAGE INCLUDES A SENSITIVE ATTACHMENT THAT THE LCO PREFERS TO ISSUE MANUALLY INSTEAD OF LOCKING ACCESS TO THIS ATTACHMENT WITHIN THE SAM.GOV APPLICATION. OTHERWISE, DELETE.

IF CHOOSING THIS APPROACH, SUBSTITUTE A GENERIC ATTACHMENT WITHIN THE POSTED PACKAGE THAT DIRECTS OFFERORS TO CONTACT THE GOVERNMENT TO OBTAIN THE INFORMATION.

NOTE: IN THE EVENT THAT FUTURE POLICY MANDATES THE POSTING OF RLP PACKAGES ON SAM.GOV, LCOS MAY NOT USE THIS APPROACH TO EXCLUDE POSTING OF THE RLP ITSELF OR NON-SENSITIVE RLP ATTACHMENTS.

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

LEASE DESCRIPTION (SLAT) (MAY 2025)

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.

ACTION REQUIRED: THERE ARE TWO VERSIONS OF SUB-PARAGRAPH D. DELETE ALTERNATE VERSIONS.

VERSION 1: IF USING TI ALLOWANCE PRICING.

NOTE: IF SEEKING OFFERS THAT ARE NOT FULLY-SERVICED, REVISE REFERENCE TO “FULLY SERVICED LEASE” UNDER FIRST SENTENCE, AS MACRO WILL NOT CHANGE THIS TEXT.

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.

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.

VERSION 2: IF USING TI TURNKEY PRICING; WITH DIDS PREPARED BY LESSOR AFTER AWARD.

NOTE: IF SEEKING OFFERS THAT ARE NOT FULLY-SERVICED, REVISE REFERENCE TO “FULLY SERVICED LEASE” UNDER FIRST SENTENCE, AS MACRO WILL NOT CHANGE THIS TEXT.

D. The Lease contemplated by this RLP is a fully serviced, turnkey Lease with rent that covers all Lessor costs, including all shell upgrades, TIs, operating costs, real estate taxes, and security upgrades. Rent shall be based upon a proposed rental rate per Rentable Square Foot (RSF), limited by the offered rate and the maximum ABOA SF solicited under this RLP. The Tenant Improvements to be delivered by the Lessor shall be based upon information provided with this RLP and Lease, including Agency Specific Requirements (ASR). The Lessor shall design and build the TIs and will be compensated for the TI costs based upon turnkey pricing established under the Lease.

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

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

F. Upon completion and acceptance of the leased Space, the Space will be measured for establishing the actual annual rent, and the lease term shall commence. 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.

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

ACTION REQUIRED: INSERT INFORMATION FOR LCO AND ALTERNATE GOVERNMENT CONTACT.

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:

[Name] Robert Bass [Email Address] rmbass@fbi.gov

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

Alternate Government Contact:

[Name] Kimberly Auvil [Email Address] kauvil@fbi.gov action required: INCLUDE THIS PARAGRAPH ONLY IF THE BROKER CONTRACT WAS USED. otherwise, delete.

BROKER COMMISSION AND COMMISSION CREDIT (OCT 2020)

A. For the purposes of this RLP, [TYPE IN NAME OF BROKER] _______ROBERT BASS__________________________ (the Broker) is the authorized contractor real estate broker representing FBI. 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 FBI’s Broker in blocks 31a and 31b respectively on FBI 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 FBI 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 FBI 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.

pricing of SECURITY requirements (OCT 2022)

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

ACTION REQUIRED: SELECT THE APPROPRIATE SUB-PARAGRAPH B. Delete alternate version.

VERSION 1: (FOR FSL I AND FIXED BSAC TURNKEY PRICING BEFORE AWARD)

action required: for fsl i only, keep first sentence of sub-paragraph b and delete the remainder of sub-paragraph b, which discusses the security unit price list. for FIXED BSAC PRICING, keep all of sub-paragraph b.

B. The security requirements attached to this Lease includes a list of security countermeasures that must be installed in the leased Space. The Offeror shall use the Security Unit Price List to provide the Government with itemized costs of these security countermeasures, and he or she shall amortize the cost of any Building Specific Amortized Capital (BSAC) into the rent.

VERSION 2: (FOR BSAC PRICING BASED ON PLACEHOLDER DOLLAR ESTIMATE; ACTUAL PRICING AFTER AWARD ACTION REQUIRED: INCLUDE SUB-PARAGRAPH B FOR FSL II, III OR IV, unless seeking BSAC turnkey pricing; DELETE FOR FSL I.

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. The Lessor shall design and build the BSAC and will be compensated for BSAC costs, together with design and project management fees to be set under the Lease.

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

Note: this paragraph defaults to a naics code of 531120 lessors of nonresidential Buildings (except miniwarehouses), which applies to commercial office buildings. the “exception” indicates this is leasing of building space to the federal government by owners.

ACtion required: revise naics code if seeking the following:

· Self-Storage #531130 (Exception)

· Land #531190 (Exception)

· Residential #531110 (Exception) 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/.

ELIGIBILITY AND PREFERENCES FOR AWARD

Efficiency of Layout (SLAT) (OCT 2020)

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

ACTION REQUIRED: PARAGRAPH DEFAULTS TO A “BASE” STANDARD OF “1-PERCENT-ANNUAL-CHANCE” FLOODPLAIN DESIGNATION (FORMERLY REFERRED TO AS “100-YEAR” FLOODPLAIN). IF AGENCY DESIGNATES THIS AS A CRITICAL ACTION (DEFINED AS ANY ACTIVITY OR ACTION FOR WHICH EVEN A SLIGHT CHANCE OF FLOODING WOULD BE TOO GREAT), USE “0.2-PERCENT-ANNUAL-CHANCE” [TWO-TENTHS OF A PERCENT] FLOODPLAIN (FORMERLY REFERRED TO AS “500-YEAR” FLOODPLAIN) INSTEAD. EXAMPLES OF CRITICAL ACTIONS INCLUDE, BUT ARE NOT LIMITED TO: STORAGE OF IRREPLACEABLE RECORDS; STORAGE OF VOLATILE, TOXIC, OR WATER-REACTIVE MATERIALS; CONSTRUCTION OR OPERATION OF HOSPITALS AND SCHOOLS; CONSTRUCTION AND OPERATION OF UTILITIES AND EMERGENCY SERVICES THAT WOULD BE INOPERATIVE IF FLOODED; STORAGE OF NATIONAL STRATEGIC AND CRITICAL MATERIALS; ACQUISITION OF HEALTH FACILITIES FOR CLIENT AGENCIES; CHILD CARE FACILITIES; AND PUBLIC BENEFIT CONVEYANCES FOR SCHOOLS, PRISONS, AND SOME OTHER INSTITUTIONAL USES.

ACTION REQUIRED: PER FLOODPLAIN MANAGEMENT DESK GUIDE ISSUED NOVEMBER 2023 (https://www.gsa.gov/directives-library/floodplain-management-1), IF NEW CONSTRUCTION, USE THE FEDERAL FLOOD RISK MANAGEMENT STANDARD (FFRMS) FLOODPLAIN (ESTABLISHED BY EITHER OF THESE METHODS: CLIMATE INFORMED SCIENCE APPROACH, FREEBOARD VALUE APPROACH, OR 0.2-PERCENT-ANNUAL-CHANCE FLOOD APPROACH). CONSULT THE REGIONAL NEPA PROGRAM MANAGER TO OBTAIN THE APPROPRIATE FLOODPLAIN.

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 a 1-percent-annual-chance floodplain, where such an adjacency would, as determined by the Government, restrict ingress or egress to the Premises in the event of a flood, unless there is no practicable alternative.

The following are exempt from the Seismic Standards and all seismic leasing paragraphs, and the attachments can be deleted:

· The lease is for less than five (5) years,

· The lease is for building structures that are intended only for incidental human occupancy (occupied by People for two hours or less per day),

· Detached one- and two-family dwellings located where SDS < 0.4 g.

(check with the regional seismic engineer to determine the seismicity of the delineated area), or

· The delineated area is in the Green Area (low and very low seismicity) in the seismic leasing requirements map

· (see below for map and Additional instructions).

The above map designates the leasing seismic areas.

locate the delineated area on the RP8 SeismicITy exemption Map, which is available at https://www.gsa.gov/system/files/RP8%20Seismicity%20Exemption%20Map.pdfhttps://www.gsa.gov/system/files/RP8%20Seismicity%20Exemption%20Map.pdf. If it is clearly in the Green, yellow, or red areas, follow the instructions below. If the location is close to a border of two areas, cONTACT the regional SEISMIC engineer for assistance with determining which area the building is located in.

GREEN AREA

if the delineated area lies in an area of low and very low seismicity, the project is exempt from the requirements of RP 8.

action required: DELETE the following paragraphs FROM THE RLP:

· SEISMIC SAFETY FOR EXISTING CONSTRUCTION – moderate seismicity

· SEISMIC SAFETY FOR EXISTING CONSTRUCTION – HIGH seismicity

DO NOT ATTACH the offer form package, seismic requirements, TO THE RLP/LEASE OFFER PACKAGE.

YELLOW AREA

if the delineated area lies in an area of moderate seismicity, the project is Subject to the requirements of RP 8. The one exception is THAT A building containing less than 10,000 ABOA SF rented by the Government IS exempt. Because the Federal Government, including FBI, agencies with delegated authority, or agencies with statutory authority, may have other ongoing procurements or existing leases in the delineated area, Offerors must represent that, if awarded this lease, the OFFERED building wILL have LESS THAN 10,000 ABOA SF of space leased to the Federal Government. this is covered in THE Moderate seismicity paragraph, sub-paragraph B.1.

action required:

include in the rlp:

· SEISMIC SAFETY FOR EXISTING CONSTRUCTION – moderate seismicity

DELETE FROM THE RLP:

· SEISMIC SAFETY FOR EXISTING CONSTRUCTION – HIGH seismicity action required: ATTACH the offer form package, seismic requirements, TO THE RLP/LEASE OFFER PACKAGE:

RED AREA

if the delineated area lies in an area of high and very high seismicity, the project is subject to the requirements of RP 8. the one exCEPTION IS THAT A one-story building of steel light frame or wood construction with less than 3,000 ABOA SF of space in the building IS EXEMPT. this is covered IN the high seismicity paragraph, SUB-Paragraph B.1.

action required: DELETE the following FROM THE RLP:

· SEISMIC SAFETY FOR EXISTING CONSTRUCTION – moderate seismicity include in the rlp:

· SEISMIC SAFETY FOR EXISTING CONSTRUCTION – HIGH seismicity action required: ATTACH the offer form package, seismic requirements, TO THE RLP/LEASE OFFER PACKAGE:

note: In accordance with the Earthquake Hazards REDUCTION Act of 1977.

NOTE: IN ACCORDANCE WITH THE ENERGY INDEPENDENCE AND SECURITY ACT (EISA) OF 2007.

ENERGY INDEPENDENCE AND SECURITY ACT (MAY 2025)

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

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

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

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

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

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

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

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

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

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

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

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

2. Lighting Improvements.

3. Building Envelope Modifications.

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

F. Instructions for obtaining an ENERGY STAR® Label are provided at http://www.energystar.gov/buildings/facility-owners-and-managers/existing-buildings/ (use “Portfolio Manager” to apply). The ENERGY STAR® Building Upgrade Manual https://www.energystar.gov/buildings/tools-and-resources/) and Building Upgrade Value Calculator (http://www.energystar.gov/buildings/tools-and-resources/) are tools which can be useful in considering energy efficiency and conservation improvements to Buildings.

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

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

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

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

ACTION REQUIRED: USE SUB-PARAGRAPH K ONLY FOR SOLE SOURCE SUCCEEDING OR SUPERSEDING LEASES AT THE CURRENT LOCATION. OTHERWISE, DELETE.

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

ACTION REQUIRED: INCLUDE THE FOLLOWING PARAGRAPH, IN CONSULTATION WITH THE REGIONAL ENVIRONMENTAL QUALITY ADVISOR OR THE REGIONAL NEPA PROGRAM MANAGER. APPLICABLE SITUATIONS INCLUDE:

· OFFERS INVOLVING NEW CONSTRUCTION OR GROUND DISTURBING ACTIVITY (THIS REFERS TO EXCAVATION AND DOES NOT INCLUDE BUILDING MAINTENANCE ACTIVITIES SUCH AS LANDSCAPING).

· SUBSTANTIAL CHANGE IN BUILDING USE THAT WOULD AFFECT NEIGHBORHOOD TRAFFIC PATTERNS.

· PRIOR USE OF SPACE WAS NOT GENERAL PURPOSE OFFICE-TYPE OCCUPANCY AND THERE WAS A POTENTIAL FOR THE PRESENCE OF HAZARDOUS SUBSTANCES.

OTHERWISE, DELETE.

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

A. Environmental Due Diligence.

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

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

B. National Environmental Policy Act.

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

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

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

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

5. An Offeror must allow the Government access to the offered Property to conduct studies in furtherance of NEPA compliance.

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