S02 36C25220Q0574 17 JUL 20.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 94

36C25220Q0574

6. SOLICITATION ISSUE DATE

7-20-2020

Scott Cole 414-844-4809 08-17-2020 4:30 pm CST

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101

Milwaukee WI 53214-1476

X 100

X

531210

$8 Million

N/A

X

36C252

Great Lakes Acquisition Center (GLAC) Department of Veterans Affairs 115 S 84th Street, Suite 101

Milwaukee WI 53214-1476

36C252

Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101

Milwaukee WI 53214-1476

Department of Veterans Affairs Financial Services Center PO Box 149971

Austin TX 78714-9971

877-353-9791 512-460-5540

See CONTINUATION Page

NCO 12 Contract for Broker Support Services. Location of performance includes Wisconsin, Illinois, Michigan Upper Peninsula, and Northwestern Indiana. Please review PWS and Price Schedule for deliverables and pricing.

See CONTINUATION Page

X X

Scott Cole

36C25220Q0574

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C252 Scott Cole

Department of Veterans Affairs

Great Lakes Acquisition Center (GLAC)

115 S. 84th Street, Suite 101

Milwaukee, WI 53214-1476

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Commission only

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs

Financial Services Center

PO Box 149971

Austin, TX 78714-9971

Austin TX 78714-9971

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED

HEREIN PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO

BE CONSIDERED FOR AWARD.

SPECIAL NOTES

In order to maintain the integrity of this solicitation and subsequent award date, all offerors are advised that any question and answer requests must be submitted in written form via e-mail to the Contacting Officer Scott.Cole3@va.gov no later than Monday, August 17th, 2020 at 4:30 PM local time(CST). Contracting will issue a consolidated response via solicitation amendment to Contract Opportunities within 2 business days to all parties.

SECURITY & PRIVACY CONTROL:

The Certification & Accreditation (C&A) requirements of VHA Handbook 6500.6 do not apply to this requirement, therefore, a Security Accreditation Package is not required. No C&A or MOU/ISA is required. Sensitive information exposure as part of this contract involves applicable security controls within the facility as part of the VA Information Security.

If there are any questions related to privacy, please have a member of your staff contact the VA Privacy Service at (202) 461-6309. If there are any questions related to the information security, please have a member of your staff contact the Office of Cyber Security at (304) 262-7733.

AUTHORITY

This Request for Quote (RFQ) solicitation is issued under the authority of FAR Part 13.5 for Certain Commercial Items in which simplified acquisition procedures in FAR Part 13 will be used. FAR Part 14 and 15 will not be used.

See 52.212-2 Evaluation – Commercial Items (Section E) for a description of the factors that the Government will use to evaluate offers. Prospective contractors must furnish the information listed herein with their quotations to ensure they receive full consideration mailto:Scott.Cole3@va.gov

Performance Work Statement and Quality Requirements for VISN 12 Leasing Support Services

Prime Contractor: NAICS 531210 -- Offices of Real Estate Agents and Brokers (Small Business Size Standard: $ 8 Million)

LOCATION OF PERFORMANCE: Illinois, Wisconsin, Michigan Upper Peninsula, Northwest Indiana

I. INTRODUCTION

A. The Department of Veteran Affairs (VA) provides space for VA employees and clients for medical and medically-related services, as well as research, warehouse and administrative offices. The Veterans Health Administration (VHA) Network Contracting Offices (NCOs) conduct lease procurements of space below VA’s prospectus threshold of $1 million in average annual unserviced rent within each NCO’s respective region.

NCOs also administer leases procured by VA’s Office of Construction & Facilities Management.

B. VHA Contracting Officers (COs) wish to utilize the services of real estate brokers for leasing projects. Broker services are essential to leasing support in that they provide expertise in market analysis and commercial real estate transactions and financing;

conduct data and documentation analysis, organization, assembly, and storage; and increase efficiency.

C. Contracts may be entered into and signed on behalf of the Government only by Contracting Officers. At no time shall a Contractor agree to or make an unauthorized commitment (see definition Q below).

D. The intention of this RFQ is to make a Multiple Award Indefinite Delivery

Indefinite Quantity (IDIQ) contract to serve NCO 12. Each IDIQ contract awarded will have a guaranteed minimum value of $1,000 and a not to exceed maximum value of $1,500,000. Period of performance will be from date of award with a 5-year ordering period. This procurement is set aside 100% for Service Disabled Veteran Owned Small Businesses.

II DEFINITIONS AND TERMINOLOGIES

The definitions and terminologies for this RFQ and for TOs issued against the subsequent contracts are provided in the Design Guide for Lease Based Outpatient

Clinics (April 2016) and also below. For clarification of any terms which are not included below or in the Design Guide, contact the CO.

A. Aggregate Lease Value –

1. The fully serviced annual rent to be paid by VA for the firm term of the lease for purposes of calculating the Contractor’s commission. The firm term and application of commissions are defined in the solicitation for each leasing project. The Aggregate Lease Value shall include-

a. The initial fully serviced annual rent to be paid by VA on all space leased by VA, including base rent, base operating costs, and base real estate taxes;

b. Any fixed annual or other periodic annual rent step changes (either increases or decreases) and/or fixed annual or other periodic rent escalations; and

c. Any tenant improvement allowance.

2. The Aggregate Lease Value shall not include-

a. Any rent abatement provided to VA pursuant to the Lease;

b. Any annual rent escalations covering operating expense and/or real estate tax increases during the lease term;

c. Any additional amounts paid by VA for services over and above those furnished by Lessor as a part of the lease (i.e., any amounts paid by VA in lump sum);

d. Lump sum payments to pay for Government requirements, and

e. Option periods or lease terms beyond the firm term of the lease.

B. Approval – When the Government has reviewed submittals, deliverables, or administrative documents, has determined the services or submissions conform to contract requirements, and has communicated final acceptance to the Contractor.

C. Commission – The percentage of the Aggregate Lease Value that the Contractor will receive as compensation. The Contractor's commission is paid to the Contractor by the lessor in accordance with the terms of the lease and this RFQ.

D. Contract – The contract awarded from this RFQ, which shall incorporate this RFQ in its entirety.

E. Contractor – The party who has entered into the Contract with the Government.

F. Day – Unless explicitly indicated otherwise elsewhere in the Contract, days on which the Federal government is open.

G. Design Guide – The Design Guide for Lease-Based Outpatient Clinics was most recently released in April 2016. The Design Guide contains VA’s authorities, policies, technical and procedural guides, and administrative limitations governing the acquisition by lease of real property. The Design Guide may be updated, amended, and/or supplanted by the Government, and the Contractor is responsible for keeping up-to-date on the current version of the Design Guide found at http://www.cfm.va.gov/til/index.asp.

H. Government Personnel – Government employees that may be identified by the Government to work with the Contractor, at the Government’s discretion.

I. G-REX – An acronym for the General Services Administration (GSA) Real Estate Exchange. G-REX is a system that facilitates a CO’s request for a delegation of authority from GSA and provides a forum to upload award documents post-award as required by GSA.

J. Inherently Governmental Functions – Responsibilities of the Government as defined in FAR Part 7 Subpart 7.5—Inherently Governmental Functions. The below non-exhaustive list highlights lease procurement-specific tasks that are considered Inherently Governmental. Note, however, that the Government reserves the right to request the Contractor’s assistance to support the Government in these functions.

1. Approving documents and/or signing on behalf of the Government (i.e., Notice to Proceed, or any correspondence on VA letterhead);

2. Approval of decisional documents of the Government such as Categorical

Exclusion Checklists; Environmental Assessments; Government determinations (competitive range, responsibility, or award, for example);

or reports;

3. Certification of funds availability;

4. Change Orders or any other contract modifications (the Contractor shall not order or issue without Governmental signature);

5. Compliance with Randolph-Sheppard Act;

6. Consultation with VA Office of General Counsel;

7. Procurement-related correspondence with offerors that may bind the

Government, including but not limited to debriefings and discussions;

8. Resolution of protests or any other Government settlement or claim;

9. Government correspondence with Congress or other governmental entities;

10. Response to FOIA requests;

11. Approval of fire protection, seismic, life safety, or sustainability measures;

12. Independent Government Estimate development;

13. Execution of leases or lease amendments;

14. Occupancy Agreements;

15. Prospectus submission/approval;

16. Receipt and approval of reimbursable work authorizations;

17. Approval of OMB Circular A-11 Budgetary Treatment Analysis;

18. Approval of source selection strategy and plan;

19. Release of an advertisement or solicitation;

20. Serving as a voting member on an evaluation/selection board or team;

21. Small Business Subcontracting Plan approval;

http://www.cfm.va.gov/til/index.asp

22. Approving and releasing a Justification for Other Than Full and Open Competition (JOTFOC);

K. Lease Amendment (LA) – A document used to change or modify an existing lease contract to reflect any change to the lease terms. For example, changes to agreed-upon tenant improvements, change in ownership or payee, or any other action that changes the terms or substance of the lease must be reflected in a Lease Amendment signed by the Government.

L. Normal Working Hours – The normal working hours of NCO 12 are from 8:00 a.m. to 4:30 p.m.

M. Required Delivery Date (RDD) – The date specified in the TO for completion of the work described in the TO.

N. Solicitation – The document that describes Government requirements and performance criteria against which a lessor is expected to perform, and the evaluation criteria that the Government will use to evaluate offers. The CO for a specific project will determine solicitation form for the lease acquisition.

O. Source Selection - Best Value Trade-Off Method – When lease award is based on the evaluation of cost or price and other non-priced factor(s) to determine the best value to the Government. The best value concept provides the opportunity for a cost/technical tradeoff and does not require that award be made to the offeror submitting the lowest cost or price or to the highest technically rated offer, although the ultimate decision may be to select the lowest priced offer or the highest technically rated offer. The CO has the authority and discretion to make the cost/technical trade-offs in a manner consistent with the award methodology stated in an RLP or SFO.

P. “Unauthorized commitment,” as used in this subsection, means an agreement that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement on behalf of the Government.

III. SCOPE

A. The Contractor shall support NCO 12, as needed, in the acquisition of leasehold interests and other leasing actions.

B. The services described below will be tasked according to the fair opportunity process defined in FAR 16.505. The selected broker will be provided with an executed task order. Once all work has been completed to the Government’s satisfaction and the broker has been paid as necessary, the broker will sign a release of claims and the task order will be closed out.

C. VA will provide a project-specific Scope of Work for each task order request for proposal (RFP) for the services outlined generally below. The RFP may specify that additional services will be included in the Task Order as unpriced options that can be exercised by VA at a later date if/when the services are needed. This process helps ensure that services are provided as efficiently as possible while ensuring competition for the project as a whole.

D. The Contractor is responsible for verifying that any and all subcontractors possess industry-specific qualifications as required by Federal, State and local jurisdictions and licensing bodies. Subcontractors that do not possess the required qualifications shall not be utilized. The Contractor is also responsible for vetting subcontractors for potential conflicts of interest.

E. Websites referenced in this PWS and individual RFPs are to provide Contractors access to forms; sample documents; and statutes, executive orders, and regulations that govern Federal lease acquisition. As necessary, during the term of the contract, the CO or a designated representative may provide updated web addresses, forms, or templates. Forms and other samples are for information only and do not relieve the Contractor from responsibility for ensuring all work performed is in accordance with the required statutes, executive orders, regulations, or other requirements of the contract.

F. The Government may also implement non-traditional and innovative lease procurement, acquisition, and other real property-related methods and techniques. If it is determined to be in the best interest of the Government to employ new methods or techniques, a Contractor accepting award of a TO in which the new method is included in the TO request for quotes/proposals, agrees to conduct the work under that TO utilizing the new methods. In the event new procedures are implemented, guidance will be provided to the Contractors by the Government. Should the Contractor believe that the new procedure will be unduly burdensome or not in line with the fee or commission originally proposed for the work, the Contractor shall notify the CO.

G. The Contractor’s key personnel shall not be substituted without notification to the

Government in writing and approval by the CO.

H. This is a ‘non-personal services contract’ as defined in FAR 37.101. It is therefore understood and agreed that the Contractor and/or Contractor employees: (1) shall perform the services specified herein as independent Contractors, not as employees of the Government; (2) shall be responsible for their own management and administration of the work required and bare sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of the contract; (3) shall be free from supervision or control by any Government employee, but (4) shall, pursuant to the Government’s right and obligation to inspect, accept, or reject the work, comply with such general direction of the CO, the PM, or the duly authorized representative(s) thereof as necessary to ensure accomplishment of contract objectives.

I. Fair Opportunity Procedures Prior to performance of any contract services, a TO will be awarded using fair opportunity procedures set forth in FAR 16.505. Contractors will have an opportunity to submit pricing and technical proposals in accordance with the fair opportunity procedures.

Commission-based Services

Lease Acquisition Support

VA leases space by delegation of authority from the General Services Administration (GSA) on a project-by-project basis. Federal laws and regulations require the Government to procure leased space utilizing competitive procedures defined in FAR 15.1 and FAR Part 5.2, unless justified by FAR 6.3.

One of the goals of this contract is to provide consistency in policies and procedures for VA acquisition services nationwide. Acquisitions follow the procedures stated in this document in addition to the General Services Acquisition Manual, Federal Acquisition Regulations, VA Acquisition Regulations, and all Laws and Executive Orders that pertain to federal leasing (See Exhibit 1); however, some may have complex aspects that require a deviation from normal procedures.

For each lease procurement project, some or all of the tasks listed in Exhibit 2 will be completed by the Contractor. The tasks will be specified in the Request for Proposals and the resulting TO.

The services required may include all or a combination of the following steps:

1) participating in a project orientation with the CO, other Government personnel, and other contractors;

2) providing documentation to the Government for advertising the requirement;

3) analyzing and surveying the market and preparing a market survey report;

4) developing lease solicitations/amendments;

5) reviewing and performing a cursory evaluation of offers;

6) preparing financial analyses;

7) preparing pre-negotiation objectives and providing support in negotiations and discussions with offerors;

8) preparing the lease documents and any lease amendments, and obtaining required signatures;

9) performing limited post award services; and

10) assisting VA with FOIA inquiries, Congressional and other governmental inquiries, claims, litigation, settlements, and disputes that may arise related to the project.

The Contractor shall conduct these tasks in accordance with applicable regulations and guidance upon the receipt of a written TO. The level of effort and the amount of travel required for each acquisition will vary dependent on the size and complexity of the transaction. Travel is required on most TOs for lease acquisition services.

For purposes of structuring bids and issuing TOs, lease sizes are categorized as follows:

Small – less than 10,000 net usable square feet (NUSF) Medium – between 10,000 NUSF and 30,000 NUSF Large - between 30,000 NUSF and 60,000 NUSF

GSAM Part 570 includes the GSA regulations applicable to leasing, and the Design Guide includes regulations and guidance on VA-specific leasing processes and procedures. Lease acquisition procedures and regulations vary depending on the complexity of an acquisition. Regulations and VA guidance change over time. While the Government will conduct meetings to keep the Contractors informed of any new or revised policies, procedures, or requirements in that regard, the Contractors also have a responsibility to stay updated and informed on relevant issues.

Note that while this item lies within the heading “Commission-based Services,” VA may elect to pay for all or a portion of the enumerated tasks in the Scope of

Work on a fee basis. If VA so elects, this distinction will be clearly made in the Scope of Work for a particular project.

IV. PERFORMANCE REQUIREMENTS AND OBLIGATIONS

The following services are considered administration and compliance activities to be undertaken by the Contractor to remain in good standing under the Contract and therefore will not be reimbursed by the Government. Note that minor deviations from the procedures stated herein require the approval of the CO. Any significant deviation from the procedures stated in the contract shall be directed to the CO.

A. Inspection and Acceptance of Services

1. The services provided pursuant to this contract must be in compliance with applicable laws, regulations, Executive Orders, and policies listed, any new laws or regulations that may become effective during the terms of this contract, and with the terms and conditions of the contract. Services and deliverables will be inspected in accordance with 52.246-4 and accepted by the process outlined in FAR Subpart 46.5 -- Acceptance by the CO at stages determined in the general work description for all tasks. In instances where non-conforming in respects to contract requirements, the process outline in FAR 46.407 -- Nonconforming Supplies or Services applies. The purpose of inspection is to determine technical compliance with applicable laws, regulations, Executive Orders and policies along with any other contract requirement. The CO will evaluate compliance with technical requirements. Services not performed in accordance with applicable laws, regulations, Executive Orders, policies and the terms of this Contract will not be considered acceptable.

2. Evaluations will be provided at the Contractor’s request or at the

Government’s discretion and will reflect the same criteria as described below for CPARS evaluations.

B. Support for Disputes, Protests, Claims, Appeals, Congressional Inquiries, Litigation, and FOIA Requests

1. For each Task Order issued to the Contractor, the Contractor shall provide all necessary services that are not inherently Governmental to address any issues related to disputes, protests, claims, appeals, Congressional inquiries, subpoenas, and FOIA inquiries for any tasks they have performed. The Government will not reimburse the Contractor for these services.

2. The Contractor shall not contact VA Office of General Counsel (OGC) or District Counsel (DC) directly to discuss any issues. All coordination with VA OGC/DC will be handled by the CO. The Contractor shall respond to requests for information from VA either verbally or in writing as requested and within the timeframe requested. OGC/DC is responsible for providing legal advice and services to the Secretary and the managers of all VA organizational components.

OGC/DC interprets all laws pertaining to VA and has final legal responsibility for the promulgation of all VA regulations implementing those laws. Thus, OGC/DC has sole authority and responsibility for all final decision on all legal matters that arise or relate to any issues under this contract.

3. Disputes/Protests – If a protest is filed on a lease acquisition where services were performed by the Contractor (whether filed with VA, the Government Accountability Office (GAO), the Civilian Board of Contract Appeals, or a court of jurisdiction), the Contractor shall:

a. As directed by the CO, provide support and assistance in preparing, compiling and transmitting documentation required to adequately address the issues raised in the protest. Documentation may include, but is not limited to, CO’s Statement of Fact and Position, or a Findings and Determination to authorize contract award and performance.

b. Assemble a protest file in accordance with FAR 33.1.

c. Participate as fact witness in meetings, alternative dispute resolutions, depositions, hearings or trials related to the lease acquisition as may be required by the Government.

d. Assemble and provide any and all other information and documentation requested by VA related to the dispute/protest.

4. Claims/Appeals – If a claim is filed on a lease awarded by VA for which services under this contract were provided, the Contractor shall

a. Provide analysis and expertise used to assist and support the Government in developing responses to claims and appeals.

b. Assist and support VA to assemble a claim file in accordance with FAR 33.2.

c. Participate as fact witnesses in meetings, alternative dispute resolutions, depositions, hearings or trials related to the lease as may be required by the Government.

d. Assist and support VA to assemble and provide any and all other information and documentation requested by VA related to the claim/appeal.

5. FOIA/Congressional/Other Inquiries – Prior to or following the completion of a TO, the Contractor shall, as requested by the CO, provide input concerning FOIA requests, subpoenas, Congressional inquiries, or other similar requests for information.

C. Training and Meetings

1. The Contractor shall attend up to two (2) performance review meetings a year with the CO and other Government representatives, at the Government’s discretion. Meetings may be held at contractor’s discretion virtually or in-person at NCO 12’s offices in [Milwaukee, WI].

2. The Contractor’s key personnel and project management staff are required to attend initial training for the implementation of this contract. Initial training will be held in person at NCO 12’s offices in [Milwaukee, WI]. In addition, the Contractor is expected to attend follow-on training as determined by the CO.

This training may be held and attended in-person or virtually.

3. In addition to project-specific meetings described herein, the Contractor should expect to participate in quarterly calls and a minimum of four annual planning meetings (one for each option year, should the option be exercised by the Government), preparation of presentations, and several smaller training sessions at the NCO 12 offices in [Milwaukee, WI].

4. The CO retains sole discretion to allow Video/Teleconference participation. The CO will host these meetings and will be the point of contact for coordination for the meetings.

5. In order to receive RFPs for task orders for commission-based leasing work, the Contractor must provide evidence that no fewer than two (2) members of their staff have completed the following lease training courses. Contractors may obtain the required lease training courses from any credible source. This source may include professional training organizations, or VA, GSA, Department of Defense, or other federal agencies. The same two staff members must have completed all of these required courses.

a. Cost and Price Analysis of Lease Proposals

b. Federal Real Property Lease Law

c. Lease Acquisition Training

d. Techniques of Negotiating Federal Real Property Leases

e. Best Value Source Selection

f. Real Estate Appraisal Principles

6. Within ninety (90) days of award of this contract, the Contractor must submit evidence to the CO that all of its staff members who will be working on tasks under this contract have completed the following courses in VA’s Talent Management System.

a. VA Core Values Training (I CARE Recommitment)

b. Ethics (any course available)

c. VA Privacy and Information Security Awareness and Rules of Behavior

d. Prevention of Workplace Harassment/No FEAR

e. VA Core Values and Characteristics: Petzel Video

D. Resources

1. Contractors are required to have activation plans to provide sufficient staffing and support within a thirty (30) day period following execution of a TO.

Multiple TOs are likely to run concurrently, so the Contractor must maintain the capacity to supply sufficient staff and resources, through subcontracting for services if necessary, to successfully complete services and meet required delivery dates.

2. The contractor shall be responsible for providing all deliverables in a timely and professional manner and shall vet all work completed under a TO for completeness, accuracy, and adherence to the Scope of Work (SOW) issued for such TO before providing any deliverables to VA.

3. Contractors must comply with personnel qualification requirements including certification, experience, conflict of interest, nondisclosure, and clearances.

4. The Contractor’s key personnel shall not be substituted without notification to the Government in writing and approval by the CO.

E. Confidentiality and Non-Disclosure

1. Information related to a Federal acquisition is protected by the Federal Procurement Integrity Act and disclosure to other than authorized parties is prohibited. For all TOs issued in support of the contract, the Contractor will be expected to sign a Conflict of Interest and Non-disclosure Form, regardless of project type.

2. A Non-Disclosure and Conflict of Interest Form is attached at Exhibit 4.

F. Inherently Governmental Functions

1. All decisions regarding a lease acquisition and made on behalf of the

Government are reserved for the CO, and their designated representative. The Contractor is prohibited from performing any Inherently Governmental functions listed in FAR Part 7.5.

2. This is a ‘non-personal services contract’ as defined in FAR 37.101. It is therefore understood and agreed that the Contractor and/or Contractor employees: (1) shall perform the services specified herein as independent Contractors, not as employees of the Government; (2) shall be responsible for their own management and administration of the work required and bare sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of the contract; (3) shall be free from supervision or control by any Government employee, but (4) shall, pursuant to the Government’s right and obligation to inspect, accept, or reject the work, comply with such general direction of the CO, the PM, or the duly authorized representative(s) thereof as necessary to ensure accomplishment of contract objectives.

G. Fair Opportunity Procedures Prior to performance of any contract services, a TO will be awarded using fair opportunity procedures set forth in FAR 16.505. Contractors will have an opportunity to submit pricing and technical proposals in accordance with the fair opportunity procedures.

H. Reporting

1. The Contractor shall provide monthly Task Order status reports to the CO.

The CO will determine a consistent reporting format after award. Reports are due on the fifth (5th) day of the month after the month being reported. The monthly status reports shall contain the following information:

a. Identify any and all TOs and modifications that have been issued under this contract and any previous contracts and describe the status of the work being performed.

b. Identify any services provided for disputes, protests, FOIA requests, subpoenas, Congressional or other inquiries, and requests for market data.

c. Identify any commissions or fees that have been paid to the Contractor, and to the extent partial payment has been made, the amount remaining to be paid (for instance, if funds have been paid at lease award, report the amount to be paid at lease acceptance).

d. Identify any commissions or fees that are due but have not yet been paid and are more than thirty (30) days late.

2. The Contractor shall provide an annual summary report to the CO describing accomplishments, lessons learned, and goals for performance improvement.

I. Quality Control The Contractor is responsible for quality control as defined in their approved

Quality Control Plan. Inspection by the Government does not relieve the Contractor of this responsibility. The Quality Control Plan submitted and accepted by the CO is incorporated into and becomes a part of this contract. Revisions or changes to the Quality Control Plan must be submitted and approved by the CO.

J. Performance Evaluation

1. The CO and other Government personnel will evaluate the Contractor’s performance on an annual basis by inputting data into the Contractor Performance Assessment Reporting System (CPARS). The following areas will be assessed:

Document Quality, Personnel Technical Quality, Cost Control, Timeliness, Business Relations, and Small Business Subcontracting (FAR Part 42.15)

2. Limitations on Subcontracting - Monitoring and Compliance This solicitation includes ____ 852.219-10___________. Accordingly, any contract resulting from this solicitation will include this clause.

3. In order to assess these areas, input at the task level will be obtained from

Government personnel. An annual evaluation will be generated for CO completion and Contractor review every 12 months until the TO is closed out. An interim evaluation will also be required in the event that a project changes COs between milestones.

4. Minimum Contract Quality Standards - The Government will evaluate the

Contractor’s performance as Unsatisfactory, Marginal, Satisfactory, Very Good, or Exceptional in the contract’s minimum performance standards for each of the following performance criteria.

a. Document Quality – Document Quality considers the degree to which documents submitted by the Contractor are complete, accurate, neat, and comply with applicable regulations and policy. Minimum performance standard for Document Quality: Documents generally require one or two revisions before a final draft is considered acceptable by the CO. Errors are generally minor in nature. Final drafts of documents are accurate in content.

b. Personnel Technical Quality – Personnel Technical Quality considers the Contractor’s demonstration of knowledge pertaining to laws, statutes, regulations, Executive Orders, leasing process, policies, local markets, and the scope of work for the Task Order. It also considers the Contractor’s ability to maximize competition when possible and to provide valuable business guidance to the Government.

Minimum performance standard for Personnel Technical Quality: Broker demonstrates a working knowledge of Federal real property. CO must provide occasional technical direction, but the broker executes the CO’s direction accurately.

c. Cost Control – Cost Control considers the Contractor’s ability to generate meaningful negotiation objectives and negotiate favorable terms and rates that are within VA approval and authority thresholds.

The minimum performance standard for Cost Control: Negotiation Objectives shall be based on market data. Negotiations shall result in a final price within the stated negotiation objective range for the market and within VA approval and authority thresholds. Negotiated price must be substantiated by supporting documentation.

d. Timeliness – Timeliness considers the Contractor’s ability to perform services and deliver documents in accordance with timeframes that have been established in collaboration with the CO or as stated in the PWS, where applicable. Minimum performance standard for Timeliness: Contractor generally delivers in accordance with the timeframes agreed upon by the CO. While there may be some occasional delays on the Contractor’s part, the major project milestones are delivered on time. The Contractor provides status and schedule updates when requested by the CO. The Contractor responds to CO within reasonable periods of time. If the Contractor foresees that it will be late with a deliverable, the Contractor proactively notifies the CO and provides a revised estimated delivery date.

e. Business Relations – Business Relations considers the Contractor’s ability to represent VA in a professional manner, establish and maintain collaborative working relationships with team members, and comply with VA’s I. C.A.R.E. Core Values as described here:

http://www.va.gov/icare/. Minimum performance standard for Business Relations: Contractor maintains a professional demeanor. Contractor’s interactions are generally positive and constructive. Contractor adheres to I. C.A.R.E. principles in its business dealings and personal interactions with Government personnel and the public.

V. PROPOSAL SUBMISSION REQUIREMENTS

A. Firms shall submit the following documentation for evaluation by VA:

Volume 1 - Technical

i. Cover letter and introduction to proposal (3-page limit);

ii. Summary of firm, partner/team, and key personnel experience and qualifications, plus explanation of work distribution (10-page limit for firm; 2-page limit for each key personnel or partner/team member);

iii. Sample activation plan;

iv. Project Management Plan (10-page limit);

v. Experience Narrative (10-page limit);

vi. Quality Control Plan (10-page limit);

vii. Past performance questionnaires (to be submitted directly to the

Contracting Officer in charge of the Contract procurement);

viii. Statement as to socio-economic status of offering entity and evidence of that status; and

ix. Joint Venture documentation (if applicable).

Volume 2 – Price Complete chart under Schedule heading showing the proposed maximum commission rates for each size category for lease acquisition support, based on each year of the ordering period.

http://www.va.gov/icare/

B. Firms shall submit all information (except past performance questionnaire) on a single-volume CD, with a single PDF file for the technical information and a single PDF file for the price information, each indexed and bookmarked. Three

(3) copies of the CD shall be delivered to VA at the following address by 4:30 pm local time(CST), August 17th, 2020:

Scott Cole U.S. Department of Veterans Affairs 115 S. 84th Street, Suite 101 Milwaukee, WI 53214

VI. PROPOSAL EVALUATION

Proposals will be evaluated based on the best value to the Government, price and technical aspects considered. Technical merit will be assessed using the following evaluation criteria, listed in descending order of importance:

A. Capability to Perform – Contractors must provide evidence that they are capable of performing the full range of services described in this PWS at levels sufficient to support the Government’s workload. This evidence should include:

i. A sample activation plan for a hypothetical leasing project that describes the staffing and support to be provided;

ii. Project Management Plan (PMP) - Offeror shall submit a PMP that describes how the Offeror will reduce risks, and meet deliverables, keeping the project with in scope, on time, and on budget. The PMP shall include a narrative approach to the execution of lease acquisition projects from the point of TO issuance through completion of the work. The narrative shall address Offeror’s approach to leadership, management, and communication, modifications, as well as cost, project schedule and quality control; and

iii. If the Offeror is composed of team members, partners, or other combinations of individuals or firms, an explanation of how work and responsibilities will be divided up amongst the various entities that comprise the Offeror, and how the entities will work together to ensure all required services and deliverables are provided in a timely and complete manner.

B. Past Performance – Past performance questionnaires will be evaluated to determine the level of risk presented to the Government in awarding the Contract to the firm.

• Relevance of Past Performance

• Timeliness of Performance

• Cost Control

• Effective Management

• Customer Satisfaction

• Quality Awards

• The Technical Success of Past Projects

• Small business subcontracting

• Other (as applicable) (e.g., late or nonpayment to subcontractors, trafficking violations, tax delinquency, failure to report in accordance with contract terms and conditions, defective cost or pricing data, terminations, suspension and debarments).

Past performance questionnaires must corroborate the experience claimed by the Offeror in the Experience Narrative. VA will evaluate most favorably Offerors who demonstrate, past successes with relevant, similar projects, completed on time, to the satisfaction of their customers and corroborated by positive feedback.

C. Experience – The offer will be evaluated based on experience as demonstrated in an Experience Narrative. Offerors should highlight projects on which the members/partners and key personnel have worked together as a team. VA will evaluate most favorably Offerors who demonstrate, experience with projects of similar or greater complexity as required in this PWS, and experience working together on previous projects.

SDVOSB and VOSB Status as an SDVOSB or VOSB is determined in accordance with 13 CFR Parts

125.8 through 125.13. The offeror MUST be registered and have an active status in the Vendor Information Pages (VIP) database at http://www.va.gov/osdbu/ as of the date of offer submission. Offerors must provide a copy of the Center for Veterans Enterprises (CVE) Verification letter at initial offer and with any revised proposals. The Offeror’s DUNS must correspond to the DUNS in SAM.GOV.

The core requirements for a company to become verified are:

• The Veteran owner(s) have direct, unconditional ownership of at least 51% of the company (38 CFR 74.3) and have full decision- making authority (38 CFR 74.4 (g));

• The Veteran manages the company on both a strategic policy and a day-to-day basis (38 CFR 74.4);

• The Veteran holds the highest officer position (38 CFR 74.4(c)(2));

• The Veteran should be the highest compensated employee unless there is a logical explanation otherwise submitted by the Veteran as to how taking a lower salary than other employee(s) helps the business (38 CFR 74.4

(g) (3)); and

• The Veteran has the managerial experience of the extent and complexity needed to run the company.

JOINT VENTURES

For purposes of this solicitation a Joint Venture (JV) is a formal partnership between two or more firms to submit a proposal as s single offering entity. An Offeror may submit a proposal in the form of a Joint Venture only if the existing Joint Venture has a corresponding DUNS Number in https://www.SAM.gov and all the proposal submission documents are in the name of the existing Joint Venture, not the individual partners of the Joint Venture.

http://www.va.gov/osdbu/

Offerors who are an existing Joint Venture may submit a proposal under this solicitation subject to the following conditions:

1. The Joint Venture is registered in SAM.GOV and has a corresponding DUNS Number;

2. The Joint Venture meets the definition of a Joint Venture for size determination purposes (FAR 19.101(7)(i));

3. The Joint Venture must meet the requirements of 13 CFR 125.15(b);

4. The Joint Venture fills out and submits the Representations and Certifications required for SAM.GOV; and,

5. The Offeror must submit a complete copy of the Joint Venture agreement that established the relationship, disclosing the legal identity of each partner of the Joint Venture, the relationship between the partners, the form of ownership of each team member, any limitations on liability or authority for each partner, and a specific statement of what resources each partner provides the teaming arrangement. In addition, the existing Joint Venture must:

a. Clearly identify the entities which make up the Joint Venture relationship, including disclosure of the primary point of contact for each of the partners;

b. Disclose the member of the Joint Venture that is designated as the “team lead,” and clearly explain the specific duties/responsibilities of the “team lead” relative to the other members of the team and to the Government;

c. Describe the specific duties/responsibilities of each partner of the team as they relate to each other and explain the specific duties/responsibilities that each team member will have for purposes of contract performance under this contract; and,

d. Address the duration of the Joint Venture, including when it became effective, when it expires, and the basis for determination.

6. If the Joint Venture meets the small business size determination (FAR19.101(7)(i)), each Joint Venture partner must be registered in SAM.GOV, have a corresponding DUNS Number, and provide the SAM.GOV print out verifying each entities status for NAICS 531120.

7. A joint venture may be considered a Service-Disabled Veteran-Owned Small Business if:

a. The Joint Venture is registered and verified in the Vendor Information Pages (VIP) database at http://www.va.gov/osdbu/. Offerors must provide a copy of the Center for Veterans Enterprises (CVE) Verification letter.

The Offeror’s DUNS must correspond to the DUNS in SAM.GOV.

b. Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement

c. The Joint Venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101; and

d. The Joint Venture meets the requirements of 13 CFR 125.15(b)

VII. ROLES AND RESPONSIBILITIES

A. Contracting Officer FAR 1.602 The CO has the overall responsibility for administration of this contract. The CO alone, without delegation, is authorized to take action on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details, and/or delivery schedules; make final decisions on disputes;

terminate the contract for convenience or default; and issue final decisions regarding contract matters. The CO may delegate certain other responsibilities to authorized representatives. The name and contact information of the CO administering the contract will be provided at time of award.

B. Contracting Officer’s Representative FAR 1.604 The COR will be delegated COR responsibilities by the CO to assist with the administration of the contract. The COR will provide support to the CO by providing technical expertise for matters related to Federal lease acquisition policies and procedures. In addition, the COR assures that the Contractors meet the performance requirements of the Contract in terms of quality and cost. The COR provides technical direction and assistance to the COs and Contractors. The COR will be designated after execution of the IDIQ contract.

C. User Group The user group is the VA office or station who is NCO 12’s client for the project and whose requirements are being satisfied. The user group will assign a representative responsible for coordinating the project with the CO and Contractor. The Contractor should coordinate with the user group representative only to the extent directed by the CO. Any issues that may affect schedule, cost, or scope must be directed to and carefully coordinated with the CO. A user group has no authority to direct Contractor performance, to change requirements provided to the Contractor under the TO, or to change the schedule or any other thing that might impact services ordered on a TO.

The user group shall direct requests for changes to the CO who, if appropriate, may issue a modification of the TO. If the user group directly notifies the Contractor of a change in the requirements, the Contractor shall notify the CO, who will coordinate the requested changes with the user group.

B.2 PRICE PRICE/COST SCHEDULE

INSTRUCTIONS: Enter proposed commission amount above for each year of the ordering period, based on category of lease size. See below for specific NUSF ranges for lease sizes.

Small Lease – less than 10,000 NUSF Medium Lease – between 10,000 NUSF and 30,000 NUSF Large Lease – between 30,000 NUSF and 60,000 NUSF

VISN 12 Brokerage Services IDIQ Pricing Table

Ordering Period 1 (Years 1-5)

Broker Commission Broker Commission Broker Commission

Small Lease Medium Lease Large Lease

Year 1

Year 2

Year 3

Year 4

Year 5

SECTION C - CONTRACT CLAUSES

C.1 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government…