S02 Exhibits 1 to 7.pdf

36C18F18R0546

EXHIBIT 1

LAWS, REGULATIONS, EXECUTIVE ORDERS, POLICIES, AND PROCEDURES APPLICABLE TO

SERVICES PROVIDED UNDER THIS CONTRACT

LAWS, STATUTES, EXECUTIVE ORDERS, REGULATIONS, Included in GSA delegation

The Federal Statutes, Executive Orders, regulations and policies that must be followed, include but are not limited to the following. These statutes, regulations and policies may be updated during the term of the contract.

I. FEDERAL STATUTES

1. American Recovery and Reinvestment Act of 2009 (Public Law 11-5, February 17, 2009) The AAR provides $108 million in funding for the rental of space, related to the leasing of temporary pace in connection with projects funded under the ARRA.

2. Anti-Kickback Act of 1986 (41 U.S.C. §§ 8701-8704) Prohibits a contractor from soliciting or receiving kickbacks from subcontractors in return for subcontract awards. The requirements of this Act are not applicable to contracts below the simplified acquisition threshold for leasing.

3. Anti-Lobbying (18 U.S.C. § 1913) Prohibits the use of appropriated funds to lobby Congress.

4. Architectural Barriers Act of 1968 (42 U.S.C. §§ 4151-4152) Requires public buildings be made accessible to the physically handicapped through construction and alterations to provide for suitable accessibility, restrooms, plumbing, water fountains, elevators, etc. The requirements of this Act are implemented through the Uniform Federal Accessibility Standards.

5. Assignment of Claims Act of 1940 (31 U.S.C. § 3727) Allows contractors to assign rights to payment, including rent, to established financing institutions.

6. Balanced Budget Act of 1997 (2 U.S.C. § 900 et seq) This Act implements budget sequestration.

7. Competition in Contracting Act of 1984 (41 U.S.C. § 3101 et seq.) GSA acquires leased space through the use of full and open competitive procedures mandated by this Act.

8. Contract Disputes Act of 1978 (41 U.S.C. §§ 7101-7108) This Act requires disputes arising from Federal contracts to be adjudicated by established process and procedures.

9. Contract Work Hours and Safety Standards Act of 1962 (40 U.S.C. §§ 3701-3708) This Act imposes a 40-hour workweek and time-and-a-half overtime requirements on certain contracts. This Act is potentially applicable to lease acquisitions when an Offeror proposes to construct a building or completely reconstruct or rehabilitate an existing building for the predominant use of the Government.

The Act does not apply to contracts below the simplified acquisition threshold for leasing.

10. Copeland Act of 1934 (18 U.S.C. § 874; 40 U.S.C. § 3145(a)) This Act makes it unlawful for a contractor to force a kickback from any person employed in the construction or repair of a public building or public work. The Act also requires contractors and subcontractors to furnish compliance statements with respect to wages paid to employees. This Act is potentially applicable to lease acquisitions when an Offeror proposes to construct a building or completely reconstruct or rehabilitate an existing building for the predominant use of the Government.

11. Covenant Against Contingent Fees (41 U.S.C. § 3901(a)) This covenant requires that no individuals other than full-time bona fide employees or established bona fide agents maintained by the contractor have been retained to solicit or obtain a Federal contract. This requirement is not applicable to contracts below the simplified acquisition threshold for leasing.

12. Davis-Bacon Act of 1931 (40 U.S.C. §§ 3141-3148) This Act provides for payment of prevailing wages to laborers on Federal construction projects. This Act is potentially applicable to lease acquisitions when an Offeror proposes to construct a building or completely reconstruct or rehabilitate an existing building for the predominant use of the Government.

13. Debt Collection Improvement Act of 1996 (Public Law 104-134, April 26, 1996) This Act requires payment be made by electronic funds transfer.

14. Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106) Requires contractors to make certifications regarding actions to reduce the possibility of drug use at the site of the performance of work. The requirements of the Act do not apply to contracts below the simplified acquisition threshold for leasing.

15. Earthquake Hazards Reduction Act of 1977 (42 U.S.C. § 7701-7706) This Act requires adoption of standards for assessing the seismic safety of existing buildings, constructed for or leased by the Government, which were designed and constructed without adequate seismic design and construction standards.

16. Energy Independence and Security Act of 2007, Pub. L. 110-140, Dec. 19, 2007, §435, 121 Stat.

1615, (42 U.S.C. § 17091) This Act requires that GSA lease buildings that are energy efficient and promote the use of renewable energy sources.

17. Energy Policy Act of 1992 (42 U.S.C. § 8253) This Act requires Federal agencies to implement programs that reduce energy consumption in Federal facilities. This includes Federally-leased space.

18. Energy Policy Act of 2005 ((P.L. 109-58, August 8, 2005) This Act amend the Energy Policy Act of 1992, creating new energy performance standards for Federal buildings and requiring sustainable design principles to be applied to the design and construction of all new and replacement buildings.

19. Examination of Records (41 U.S.C. § 4706) This statute authorizes the head of an agency and the Comptroller General to inspect records of Federal contractors. This authority is not applicable to contracts below the simplified acquisition threshold for leasing.

20. Federal Property and Administrative Services Act of 1949 (Leasing Authority) (40 U.S.C. § 585(a)) This statute authorizes the Administrator of General Services to enter into lease agreements to accommodate Federal agencies in buildings (or improvements) that are existing or will be constructed by the Lessor. The lease agreement may not bind the Government for more than 20 years. or. The lease agreement may not bind the Government for more than 20 years. The Administrator may further delegate this leasing authority. The Administrator has delegated leasing authority to GSA Regional Commissioners, who, as Heads of Contracting Activities, further delegate the authority by issuing warrants to Lease Contracting Officers (LCO).

21. Fire Administration Authorization Act of 1992 (15 U.S.C. § 2227) This Act requires that an entire building be sprinklered or an equivalent level of life safety be provided when Federal funds are used to lease 35,000 square feet or more of space in a building (under one or more leases) and some portion of the leased space is on or above the 6th floor.

22. Intergovernmental Cooperation Act of 1968 (40 U.S.C. §§ 901-905) Requires VA to consult with planning agencies and local elected officials and to coordinate Federal projects (usually large projects requiring congressional prospectus approval) with development plans and programs of the State, region, and locality where the project is to be located.

23. National Defense Act for Fiscal Year 2008, Section 844, (Public Law 110-181, January 28, 2008) The provisions of Section 844 require the head of an Executive agency to make certain justification and approval documents relating to the use of noncompetitive procedures in contracting available within 14 days of contract award on the website of an agency and through a government wide website.

24. National Environmental Protection Act of 1969 (NEPA), as amended (42 U.S.C. §§ 4321 et seq.)

This Act requires Federal agencies to consider the effects of all actions on the environment, to consider alternatives that reduce impacts, and to prepare detailed statements for public and Federal agency review where significant impacts may occur. Real estate actions, such as leasing, are among the actions that must be reviewed.

25. National Historic Preservation Act of 1966 (16 U.S.C. §§ 470-470w-6) This Act requires Federal agencies to manage historic properties under their jurisdiction or control. Historic properties include buildings, structures, districts, sites, and objects included or eligible for inclusion in the National Register of Historic Places. It also requires Federal agencies to consider the effects of their actions, including real estate actions, on such properties regardless of ownership.

26. Occupational Safety and Health Act of 1970 (29 U.S.C. §§ 651-678) This Act requires VA to ensure that space leased and assigned to the agency provides safe and healthful working conditions, including building features such as lighting, guardrails, indoor air quality, fire-safety conditions, and emergency elevator requirements.

27. Officials Not to Benefit (41 U.S.C. §6306) This section prohibits any member of Congress from receiving any benefit arising from a Federal contract.

28. Prohibitions on Use of Appropriated Funds to Influence Federal Contracting (31 U.S.C. § 1352) These prohibitions require certifications from contractors that funds have not and will not be paid to any person to influence the award of a Federal contract.

29. Prompt Payment Act (31 U.S.C. §§ 3901-3907) This Act requires Federal payments to contractors to be made in an expeditious manner, provides penalties for late payment by the Government, and requires that the Government be entitled to discounts for early payment.

30. Prospectus Authority (40 U.S.C. § 3307) This Act requires Congressional approval of any proposed project to construct, alter or acquire any building which involves a total expenditure over the Prospectus Threshold established. The current GSA Annual Prospectus Threshold is available at the following website: https://www.gsa.gov/portal/content/101522.

31. Public Building Act of 1959 (40 U.S.C. § 3307) Requires Congressional committee approval of leases with annual rental, excluding services and utilities, in excess of certain dollar thresholds. Further requires Congressional committee approval for lease alteration projects in excess of certain dollar thresholds. The thresholds indexed annually.

32. Public Buildings Cooperative Use Act of 1976 (40 U.S. C. §§ 3306) Requires GSA to afford a preference to historic properties in the leasing process. Also provides for the outleasing to the public of certain vacant Federal space when no Federal tenancy needs are present.

33. Randolph-Sheppard Act (20 U.S.C. § 107 et seq.) This Act requires that priority be given to licensed blind vendors to operate vending facilities on any Federal property, including leased buildings.

This Act imposes a positive obligation on GSA to acquire space in buildings that have suitable sites for vending facilities.

https://www.gsa.gov/portal/content/101522

34. Reorganization Plan No. 18 of 1950 (U.S.C. §301 note) Transferred all functions with respect to acquiring space in buildings by lease, and all functions with respect to assigning and reassigning space in buildings, to GSA.

35. Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 690) This law established guidelines for the proper management of hazardous and non-hazardous solid waste materials.

36. Rural Development Act of 1972 (7 U.S.C. § 2204b-1) This Act requires Federal agencies to give first priority to rural areas in locating facilities. See also Executive Order 12072 regarding the location of Federal facilities in urban areas.

37. Small Business Act (15 U.S.C. §§ 631 et seq.) This Act requires a positive effort by Federal contractors to place subcontracts with small and small disadvantaged business concerns. The Act also requires publication of Federal procurement requirements, requires large businesses to submit small business subcontracting plans, and provides for liquidated damages for failure to meet subcontracting plan goals.

38. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4651-4655.) This Act requires the payment of relocation benefits to persons displaced as a result of Federal actions. This Act is potentially applicable to persons displaced as a result of GSA lease construction projects on sites designated by the Government.

II. EXECUTIVE ORDERS

1. Executive Order 11246 - Equal Employment Opportunity (1965. 30 Fed. Reg. 12319), and Executive Order No. 11375, “Equal Employment Opportunity” (Oct. 13, 1967, 32 FR 14303) Prevents Federal contractors from discriminating against any employee or applicant for employment because of race, color, religion, sex, or national origin.

2. Executive Order 11988 - Floodplain Management (1977. 42 Fed. Reg. 26951) This EO directs the avoidance of leasing space in buildings located within 100-year flood plains unless there is no practical alternative.

3. Executive Order 11990 - Protection of Wetlands (1977, 42 Fed. Reg. 26961) Precludes GSA from leasing space in wetland areas unless there are no practicable alternatives. All Federal agencies shall take action to minimize the destruction, loss or degradation of wetlands, and to preserve and enhance the natural and beneficial values of wetlands in carrying out the agency's responsibilities for (1) acquiring, managing, and disposing of Federal lands and facilities; and (2) providing Federally undertaken, financed, or assisted construction and improvements; and (3) conducting Federal activities and programs affecting land use, including but not limited to water and related land resources planning, regulating, and licensing activities.

4. Executive Order 12072 - Federal Space Management (1978, 43 Fed. Reg. 36869) This EO requires that Federal agencies implement a space management plan, and associated controls and monitoring to promote effective management of resources. This EO requires that first consideration be given to locating Federal facilities in central business districts within urban areas. GSA procedure calls for giving due consideration to agency needs with respect to location (see Executive Order 13006 which furthers this policy). The location of VA leased medical facilities is mission-based. VA complies with this EO by ensuring that Veterans in urban areas are provided with needed services. VA gives the highest priority in locating its new facilities to areas where Veterans requiring health care services are currently underserved. These determinations are made through demographic studies and VA’s access guidelines.

5. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction (1990, 55 Fed. Reg. 835) Requires that new buildings constructed for lease to the Government are designed and constructed in accord with appropriate seismic design and construction standards.

6. Executive Order 12941 - Seismic Safety of Existing Federally Owned or Leased Buildings (1994, 59 Fed. Reg. 62545), and Executive Order No. 12941, "Seismic Safety of Existing Federally Owned or Leased Buildings” (Dec. 5, 1994, 59 FR 62545) Adopted standards of the Interagency Committee on Seismic Safety in Construction (ICSSC) as the minimum level acceptable for use by Federal departments and agencies in assessing the seismic safety of their owned and leased buildings and in mitigating unacceptable seismic risks in those buildings.

7. Executive Order 12977 - Interagency Security Committee, (1995, 60 Fed. Reg. 54411), as amended by Executive Order 13286 - Amendment of Executive Orders, and Other Actions, in Connection with the Transfer of Certain Functions to the Secretary of Homeland Security (2003, 68 Fed. Reg. 10619) Established the Interagency Security Committee to establish policies for security in and protection of Federal facilities.

8. Executive Order 13006 - Locating Federal Facilities on Historic Properties in Our Nation’s Central Cities (1996, 61 Fed. Reg. 26071) Subject to the Rural Development Act and Executive Order 12072, directs that Executive agencies give first consideration to locating Federal facilities in historic properties within historic districts when operationally appropriate and economically prudent.

9. Executive Order 13327, "Federal Real Property Asset Management'' (Feb. 4, 2004, 69 FR 5897) This EO requires Federal Agencies to report their real property holdings.

10. Executive Order 13423 Strengthening Federal Environmental, Energy, and Transportation Management (2007, 72 Fed. Reg. 3917), Includes new energy performance standards for Federal buildings and requires sustainable design principles to be applied to the design and construction of all new and replacement buildings

11. Executive Order 13514 “Federal Leadership in Environmental, Energy, and Economic Performance” (Oct. 5, 2009, 74 FR 52117) This EO requires that Federal agencies planning for new Federal facilities or new leases include consideration of sites that are pedestrian friendly, near existing employment centers, near center cities and population centers, and accessible to public transit.

12. Executive Order 13576 “Delivering Efficient, Effective, and Accountable Government” (June 13, 2011, 76 FR 62545) Established additional oversight to facilitate earlier mandates to improve transparency of Federal spending and streamline and cut waste.

13. Executive Order 13658 “Establishing a Minimum Wage for Contractors” (May 14, 2015, 83 FR 44906). This Executive Order requires that contractors not be paid less than minimum wage.

III. REGULATIONS

1. GSA Leasing Desk Guide This desk guide contains authorities, policies, technical and procedural guides, and administrative limitation governing the acquisition by lease of real property.

2. Comprehensive Procurement Guideline for Products Containing Recovered Materials (40 CFR Chapter I Part 247)

3. Federal Management Regulations, 41 C.F.R. Subchapter C, Real Property, Parts 102-71 through 102-85

4. Federal Management Regulation 41 CFR 102-73 Real Estate Acquisition

5. General Services Administration Acquisition Regulations, 48 C.F.R. Part 570. Note: The Federal Acquisition Regulation is not applicable to acquisitions of leasehold interests in real property by the General Services Administration except as provided in Part 570 of the General Services Administration Acquisition Regulations or specific lease solicitations for offers.

6. Office of Management and Budget (OMB) Circular A-11, Appendix B (Lease Scoring)

7. OMB Memorandum M-12-12 “Promoting Efficient Spending to Support Agency Operations” dated May 11, 2012. Requires agencies to identify consolidations, co-location, or disposal of real estate inventory to offset acquisition of new Federal building space.

IV. POLICIES

1. Homeland Security Presidential Directive, HSPD-12 This Presidential directive created a policy for a common identification standard for Federal employees and contractors.

2. OMB Circular A-11 (Capital Lease Scoring) This OMB Circular provides the rules for budget score keeping for leases.

3. Real Property Policy Memorandum 2017-04 Maximum Facility Size for Prospectus-Level Leases dated May 10, 2017. The purpose of this memorandum is to establish policy related to facility size of prospectus-level leases.

4. Real Property Policy Memorandum 2017-05 Rescission and Replacement of Real Property Policy Memorandum 2017-01, Procedures for Budgetary Treatment of Leases dated August 18, 2017. The purpose of this memorandum is to repeal and replace RPPM 2017-01, Procedures for Compliance with Office of Management and Budget (OMB) Requirements for Budgetary Treatment of Leases. Describes the standard procedures to evaluate leases based on the requirements listed in OMB Circular A-11.

5. Real Property Policy Memorandum 2018-01 Standards for Leased Medical Facilities (Existing Space and Build to Suit/Lease Construction) dated October 12, 2017 Implementation of policies to decrease project delivery times, increase competition, and lower delivery costs.

6. Real Property Policy Memorandum 2018-02 Physical Security Standards for Leased Facilities (Existing Space and Lease Construction Projects) VAIQ 7866496 022618 003 SD Memo All leased facilities will, at a minimum, be designated Facility Security Leve (FSL) II.

7. Real Property Policy Memorandum 2018-05 Quantification of Space and Form of Advertisement dated August 18, 2017. The purpose of this memorandum is to adopt American National Standards Institute/Owners and Managers Association (ANSI/BOMA) Office Area (ABOA) square feet in lieu of Net Usable Square Feet (NUSF); (2) rescind a previous policy memorandum entitled “Form of Advertisement” dated February 20, 2015; and (3) provide new Forms of Advertisement for use in all new, replacing, and succeeding lease procured by the Office of Real Property (ORP).

8. Real Property Policy Memorandum 2018-06 Adoption of GSA Leasing Desk Guide(LDG) dated December 22, 2017. The purpose of this memorandum is to adopt the GSA LDG for use by the VA for all real property lease procurements, subject to the VA Supplement to the GSA Leasing Desk Guide dated December 22, 2017. To the extent GSA updates the LDG, those updates should be implemented unless the VA, Office of Real Property issues guidance to the contrary.

9. Real Property Policy Memorandum 2018-08 Market Survey Composition, Procurement Integrity, and Template Documents dated February 13, 2018. The purpose of this memorandum is to (1) establish the market survey team composition for leases procured on behalf of the VHA by the Office of Construction and Facilities Management (CFM), Office of Real Property (ORP); (2) issue procurement integrity policy; and (3) implement standardized template documents for use before, during, and after the physical market survey for ORP lease projects.

10. Real Property Policy Memorandum 2018-13 Determining Bona Fide Need for Activation Items in Leasing dated May 10, 2018. The purpose of this memorandum is to establish guidelines to determine when a bona fide need occurs in regards to a facility.

EXHIBIT 2

Individual Conflict of Interest and Non-Disclosure Statement

(This form shall be completed by all parties in the contractor's firm (including subcontractor personnel) who are provided access to information or documents related to this task order.)

Contractor:

Contract: Number: Task Order Number:

A. Conflict of Interest

I have read the Conflict of Interest Clause in the above referenced solicitation/contract and understand and agree to abide with the restrictions regarding and actual or potential organizational conflict of interest or personal financial interest.

B. Nondisclosure of Procurement Sensitive Information

I understand that information and documents related to the work to be performed for the above referenced task order contain source selection information related to the conduct of a Federal agency procurement, the disclosure of which is restricted by Section 27 of the Office of Federal Procurement Policy Act (41 USC. 423). The unauthorized disclosure of such information may subject both the discloser and recipient of the information to contractual, civil, and/or criminal penalties as provided by law.

I further understand the requirements identified under Federal Acquisition Regulation 9.505-4(b) to entered into agreements with offerors to protect their information from unauthorized use or disclosure, and refrain from using their information for any purpose other than for which it was furnished.

Information regarding a task order is strictly prohibited and shall not be revealed to any source except to the extent authorized by the Lease Contracting Officer.

C. Nondisclosure of Information Submitted by Offerors in response to a Solicitation for Officers

(SF0).

I understand that disclosure of proprietary information submitted by an Offeror in response to an SF0 is strictly prohibited. It shall not be disclosed to any source either during or after performance on the task order. Disclosure of such information could result in a penalty of fine, jail time, or termination of this contract for breach.

(Typed) Name & Signature Date:

Title:

EXHIBIT 3

ORGANIZATIONAL CONFLICT OF INTEREST

(This form hall be completed for each task order by an officer of the contractor’s (and subcontractor’s) firm)

Contractor: ______________________________ Subcontractor: ___________________________ Contract Number: _________________________ Task Order Number: _______________________ This firm does __________ or does not ___________ have an organizational conflict of interest, as described in the above referenced contract, for task order number.

DESCRIBE THE CONFLICT:

This firm acknowledges all restrictions contained in the contract and agrees to complete additional agreements as deemed necessary by the Contracting Officer.

As required by of the contract, the contractor certifies the following measures are in place and procedures will be followed:

• A “fire wall” is in place and contractor personnel have been advised of the restrictions in 1 through 13 of the clause.

• Electronic safeguards are in place to prevent unauthorized access to documents prepared in connection with this task order.

• Documents related to the contract will be safeguarded and secured while in the contractor’s possession.

• Pursuant to the requirements identified under Federal Acquisition Regulation 9.505-4(b) an agreement will be entered into with offerors under which we will agree to protect their information from unauthorized use or disclosure, and refrain from using their information for any purpose other than for which it was furnished.

Signature: __________________________________ Name: _____________________________________ Date: _____________________________________ Title: __________________ (must be an officer of the firm)

EXHIBIT 4

Lease Award Checklist

I. Successful Offer

a) SF-2

b) RLP Narrative

c) Attachments

d) Amendments

e) Clarifications

f) Form 3516A – Solicitation Provisions

g) Form 3517B – General Clauses

h) VA Amendments to General Clauses

i) Form 3518 – Representations and Certifications

j) Form 1364A – Proposal to Lease Space

k) Form 1217 – Lessor’s Annual Cost Statement

l) Proof of Ownership or Control of Site

m) Final Proposal

n) Renderings and Drawings, Specifications, Calculations, and Design Narratives

o) Green Globes (GBI) Narrative and Scorecard

p) Operations and Maintenance Plan

q) VAAR 825.273-75 Security Requirements (VA IT Security Clause)

r) VA National Rules of Behavior

s) FAR Clause 52.204-10 Reporting Executive Compensation

t) Small Business Subcontracting Plan

II. Award Decision Memorandum and Scoring

a) Evaluation Reports

b) Award Decision Memorandum

c) OMB Scoring

III. Evidence of Financial Resources

IV. Registrations and Compliance

a) EEO Compliance Submission

b) Experian Report

c) VETS-100 Report

d) Bid Bond

e) System for Award Management (SAM) Registration

f) VetBiz Registration

V. Miscellaneous Documentation

a) Pre-lease Fire and Life Safety Evaluation and Accessibility Standards Certification

b) Certificate of Current Cost and Pricing Data

c) Certification of Building Energy Performance

d) Certificate of Seismic Compliance (New Building)

e) Appraisal/Construction Cost Estimate

f) Funding Certification

g) Prospectus Description and Public Law/SECVA Approval

h) Advertisement

i) Market Survey Report

Exhibit 5

Lease File Checklist

Required (X) or Required if applicable (*)

A. Requirements Planning Incoming request X Interim Response X SCIP approval X Space Plan Approval * Congressional authorization * Secretarial approval * OCFM delegation and/or approval if annual unserviced rent or other authority thresholds are exceeded * Scope change approval/notification * Acquisition Plan X Documentation of “Freeze the Footprint”/” No Net New” policy compliance * Initial Scoring Determination X Certification of Funding Availability X Historical Properties Check * GSA Inventory Check *

IGE X

FEMA Flood Map X Map of delineated area X GREX Delegation X Source Selection Plan X

B. Supporting Contract actions Broker Task Order * A/E Task Order *

C. Market Research Kick-off Meeting Minutes X RPS Approval to Advertise X Copy of newspaper advertisement X All FBO amendments to advertisement * Notification to City Official X All advertisements and notices published on FedBizOpps.gov X Summary of correspondence in response to ad(s) X Copy of Randolph-Sheppard Act Letter * Approval of Market Survey Team X Approval of Market Survey Criteria X Market Survey Report X Notice to SHPO X Assignable Option to Purchase * Property Appraisal(s) * Review Property Appraisal(s) * Letters providing landowner notice of inclusion and exclusion X

D. Solicitation

RLP/SFO X

All amendments X RPS approval of Technical Requirements X Approval of Technical Award Factors and Definitions X

RLP/SFO distribution list X Copy of FBO Synopsis X Summary of Offeror responses and correspondence X

E. Evaluation of Initial Offers Abstract of Offers X Approval of TEB Members X Confidentiality Certificates X Technical and Price Evaluation - Report and scores X Scoring Runs for all Initial Offers X Competitive Range Determination * Notification to Offerors of inclusion/exclusion * Request/response/summary of Debriefs * Pre-negotiation notes X Negotiation Meeting Minutes X Notification to Competitive Range of FRP deadline X Notification to Competitive Range of any adjustments to FRP deadline X Copy of SAMS report for all initial offers X Copy of VetBiz report for all initial offers X

F. Evaluation of Final Revised Proposals Abstract of Offers X Approval of any new/replacement TEB Members * Confidentiality Certificate(s) of any new/replacement TEB Members * Technical Review/Scores X Price Review/Scores X Pre-negotiation notes X Negotiation Meeting Minutes X Notification to Competitive Range of FRP deadline X Notification to Competitive Range of any adjustments to FRP deadline X Price Review/Scores X Meeting Minutes from Best Value Determination with CO X Copy of SAMS report for all initial offers X Copy of VetBiz report for all initial offers X

G. Pre-Award Clearances Complete lease contract and all amendments (signed by lessor) X Laws and Executive Orders Checklist X Justification for other than Full and Open * NEPA Compliance (EIS/ROD, EA/FONSI or CATEX) X Appraisal X OMB Checklist and Determination that the lease is not capital X VetBiz Verification (SDVOSB/VOSB) * SAMS Verification (Small business) X

Small Business Subcontracting Plan Submitted and Approved by OSDBU (Large Business) * Past Performance Questionnaires X Verification of Business Status from SAM.gov X ORCA Reps and Certs X EEOC Compliance (including clearance from DOL regional office if over 10M) * Evidence that leased space is outside the 100-year flood plain X Experian Report X Seismic Certification X Determination of Responsibility, all supporting documentation X Negotiation of Environmental Remediation *

Confirmation of Funding Availability X Proof of Control of Property X Draft Award Notification X Proof of A/E State Licensure * Peer Review Checklist X Response from SHPO X Copy of OGC concurrence X Copy of OAEM concurrence * CRT/CRB Review * Performance Bond X Payment Bond X all clarifications * Schedule A (O and M plan) * Schedule B * Schedule C * Schedule D * Schedule E * Schedule F * project schedule * final proposal * form 1217 (lessors annual cost statement) X Form 3517B (General Clauses) X Form 3518 (Reps and Certs) X Form 3516A - Solicitation Provisions X labor standards provision X certification of building energy performance/LEED scorecard X VAAR 825.273-75 Security Requirements X FAR Clause 52.204-10 Reporting Executive Compensation X Certificate of Cost or Pricing Data X VA National Rules of Behavior X Scoring X Award Decision Memorandum X EEO Compliance Submission X fire and life safety evaluation and accessibility standards certification X Copy of award notification from FBO X Copy of award notification to VHA X Confirmation of Obligation of Funding X ACO/COR Appointment Letter X Copy of ACO delegation notification to lessor X Copy of ACO delegation notification to VAMC X ACO/COTR Warrant X Notice to Proceed for buildout/construction * Prospectus/SECVA approval X

I. Post-Award Kick-off Meeting Minutes X Progress Reports X

J. Acceptance Any Lease Amendments (LAs) for contract changes during buildout/construction X Request for Proposal (RFP) generated by VA X Lessor’s cost proposal(s) X Independent Government Estimate(s) X PNM (including a determination of price reasonableness) X

OGC approval(s) * Confirmation(s) of funding availability X Obligation of funds X Copy of Certificate of Occupancy X Copy of Fire Inspection Report X Copy of ACO delegation to ACO X Copy of ACO delegation notification to lessor X Copy of ACO delegation notification to VAMC X ACO/COTR Warrant X Final LA documenting acceptance and rent start (ie contract closeout) X Performance Evaluation X

K. Other Protest Documentation * Claim Documentation * Cure Notice(s) * Show Cause(s) * Stop Work Documentation *

SPECIAL REQUIREMENTS DESCRIPTION

a. Task Order Authorization

All work performed under this Contract shall be ordered by the Government by issuance of a written Task Order. Contractors shall accept only written TOs issued on a SF 1449 by an authorized Ordering Official, except for duly authorized emergencies. Verbal orders may only be authorized by the CO and in instances where issuance of a written TO would be impracticable given the circumstances (ie, natural disaster or national emergency). Verbal orders will be followed by an email or other written confirmation of the order.

VHA LEASING GUIDE FOR

LEASE CONTRACTING OFFICERS

CENTER FOR LEASING EXCELLENCE

April 11, 2018

EXHIBIT 6

VHA LEASING GUIDE FOR LEASE CONTRACTING OFFICERS

Center for Leasing Excellence Version: 04-2018

FOREWORD

This Leasing Guide is brought to you through the efforts of:

Le Kisha Douglas, Contract Specialist, NCO 16; Kambeth Powell, Leasing Officer, NCO 6; Brian J. Shepard, Procurement Analyst, SAC; and the CLE Staff.

The Leasing Guide is not to be cited as an authority.

It is meant to be a tool to help navigate VHA real property leasing.

As changes happen in the leasing program, we will update the Leasing Guide and alert the Lease Contracting Officers and leasing staff.

Please, send any questions or suggestions to improve the Leasing Guide to VHACenterForLeasingExcellence@va.gov.

George Boguslawski Director, Center for Leasing Excellence

CLE Staff:

Brandi Miller: Deputy Director Lindsey Noberini: SAO-East (NCOs 1, 2, 4, 5, 6, 7, and 8) Nam-Phuong Nguyen: SAO-Central (NCOs 9, 10, 12, 15, 16, and 23) Mark A. Moriarty: SAO-West (NCOs 17, 18, 19, 20, 21, and 22)

Center for Leasing Excellence Version: 04-2018

Table of Contents

CHAPTER 1. INTRODUCTION

1.1. PURPOSE

1.2. SCOPE

1.3. APPLICABILITY

1.4. VA LEASING AUTHORITY

1.5. VHA MISSION STATEMENT

1.6. ABOUT VHA

1.7. SPECIAL SITUATIONS

1.8. LEASING PROGRAM RESPONSIBILITY ALIGNMENT (VAIQ 7714305)

1.9. VHA CENTER FOR LEASING EXCELLENCE

1.9.1. Mission

1.9.2. Responsibilities

1.9.3. Goals

CHAPTER 2. TYPES OF LEASES, AUTHORITY FOR LEASE APPROVAL AND PROCUREMENT, GOVERNING

REGULATION FOR FEDERAL REAL PROPERTY LEASE

2.1 TYPES OF LEASE

2.1.1 Assignments of Space by General Service Administration (GSA)

2.1.2 VA Direct Leases

2.2 APPROVAL FOR LEASE PROCUREMENT

2.2.1 Approvals Pursuant to VA Directive 7815

2.2.2 Approval from Strategic Capital Investment Program (SCIP)

2.2.3 For Build-To-Suit Leases and Leases of Existing Space below the Prospectus Threshold of $1,000,000 in Annual Unserviced Rent

2.2.4 For Build-to-Suit Leases and Leases at and above the Prospectus Threshold of $1M in Annual Unserviced Rent

2.3 LEASES PROCURED BY VHA & LEASES PROCURED BY ORP

2.3.1 Leases Procured by VHA

2.3.2 Leases Procured by VA Central Office (VACO) Office of Real Property (ORP)

2.4 LAWS, STATUTES, EXECUTIVE ORDERS (EO), AND REGULATIONS GOVERNING VA REAL PROPERTY LEASE ACQUISITIONS

CHAPTER 3. LEASE PROCUREMENT PROCESS

3.1. PRE-ACQUISITION

3.2. ACQUISITION PLANNING

3.2.1. Procurement Acquisition Lead Times (PALT)

3.2.2. Receipt of Procurement Request Package from the Requesting Service

3.2.3. Establishing the Acquisition Team

3.2.4. Establishing the Requirements

3.2.5. Priority Consideration for Government-Controlled Space

3.2.6. Applicability of Veterans First Contracting Program (38 U.S.C. §§ 8127-8128)

3.2.7. Creating Competition for VA Direct Lease Procurement

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3.2.8. Market Survey

3.2.9. Other than Full and Open Competition (OFOC)

3.2.10. Lease Scoring

3.2.11. Request for Delegation of Authority to GSA through the GSA Real Estate Exchange (GREX) System . 32

3.2.12. Written Acquisition Plan

3.3. PRE-SOLICITATION

3.3.1. How to Build the Request for Lease Proposal

3.3.2. RLP and Lease Forms

3.3.3. Source Selection Plan (SSP)

3.3.4. Mandatory Review & Approval of RLP Package and Lease File Checklists

3.4. SOLICITATION

3.4.1. Issuance of RLP Package

3.4.2. Receipt and Handling of Proposals

3.5. SOURCE SELECTION

3.6. NEGOTIATION

3.7. PROPOSAL REVISIONS AND REVIEW OF FINAL OFFERS

3.8. PREPARATION FOR AWARD

3.9. LEASE AWARD PROCESS

3.10. POST-AWARD DEBRIEFING/PROTESTS

3.10.1. Debriefing

3.10.2. Protests Against Award

3.11. POST-AWARD NOTIFICATION

3.12. POST-AWARD DESIGN, CONSTRUCTION, AND ACCEPTANCE

3.12.1. Meeting to Commence Project

3.12.2. Commencement of Design, Construction, and Acceptance Phase

3.13. LEASE COMMENCEMENT AND CLOSEOUT

3.13.1. Overview

3.13.2. Lease Activation

3.13.3. Closeout of Existing Lease

CHAPTER 4. TYPES OF LEASE ACTIONS

4.1. SIMPLIFIED LEASE ACQUISITION PROCEDURE (SLAP)

4.2. NEW OR REPLACING LEASES OVER THE SIMPLIFIED LEASE ACQUISITION THRESHOLD

4.3. SUCCEEDING AND SUPERSEDING LEASE

4.4. EXTENSION

4.5. EXPANSION

4.6. RENEWAL OPTIONS

4.7. WAREHOUSE LEASE

4.8. PARKING ACQUISITION

4.9. HOTELING

CHAPTER 5. ALTERATION IN LEASED SPACE

CHAPTER 6. LEASE ADMINISTRATION: RENT ADJUSTMENT, TAX ADJUSTMENT, NOVATION, SUBORDINATION

NON-DISTURBANCE AND ATTORNMENT (SNDA), ESTOPPEL

CHAPTER 7. HOLDOVER AND STANDSTILL AGREEMENT

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CHAPTER 8. LEASE CLOSEOUT

CHAPTER 9. SPECIAL TOPICS

9.1 STRATEGIC CAPITAL INVESTMENT PROGRAM (SCIP)

9.2 SUSTAINABILITY

9.3 SECURITY

9.4 FIRE PROTECTION AND LIFE SAFETY

9.5 SEISMIC SAFETY IN LEASING

9.6 NATIONAL BROKER CONTRACT

9.7 DETERMINATION OF OPERATION AND CAPITAL LEASE

9.8 GOVERNMENT SELF-INSURANCE FOR GENERAL LIABILITY

9.9 OBLIGATION OF FUNDS FOR LEASE ACTIONS

9.10 LEASE RATIFICATION PROCESS

CHAPTER 10. CONTRACT-RELATED SYSTEMS (ECMS, FPDS, GREX)

10.1 ELECTRONIC CONTRACT MANAGEMENT SYSTEM (ECMS)

10.2 FEDERAL PROCUREMENT DATA SYSTEM-NEXT GENERATION (FPDS)

10.3 GSA REAL ESTATE EXCHANGE (G-REX)

CHAPTER 11. FINANCIAL AND ACCOUNTING SYSTEM (FMS AND IFCAP)

11.1 FINANCIAL MANAGEMENT SYSTEM (FMS)

11.2 INTEGRATED FUNDS DISTRIBUTION, CONTROL POINT ACTIVITY, ACCOUNTING AND PROCUREMENT (IFCAP)

CHAPTER 12. BACKGROUND INVESTIGATIONS

CHAPTER 13. LEASE TERMINOLOGY

CHAPTER 14. ADDITIONAL ABBREVIATIONS AND ACRONYMS

CHAPTER 15. REFERENCES

CHAPTER 16. APPENDIX/LIST OF ATTACHMENTS

Appendix A: Memorandum dated December 05, 2016 on Leasing Program Responsibility.

Appendix B: Memorandum dated May 29, 2015 on rescission of requirement for VA Secretary’s approval of mid-level leases between $300K and $1M in annual unserviced rent.

Appendix C: Memorandum dated July 1, 2015 on requirement for SCIP approval in lieu of VA Secretary's approval for mid-level leases between $300K and $1M in annual unserviced rent.

Appendix D: Memorandum dated June 2, 2016 on CFM’s rescission of requirement of VHA to obtain delegation of authority to procure various lease actions for existing buildings with the annual unserviced rent up to below the prospectus level.

Appendix E: Memorandum dated December 21, 2017, Federal Real Property Policy Memorandum (FPPM 2018-04) on CFM’s delegation of authority to VHA for procuring build-to-suit leases up to below the prospectus level.

Appendix F: List of laws, statutes, Executive Orders, and regulations governing VA lease acquisitions.

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VHA LEASING GUIDE FOR LEASE CONTRACTING OFFICERS

Appendix G: Memorandum dated December 22, 2017 that issues a VA supplement to the GSA Leasing Desk Guide.

Appendix H: GSA Memorandum Dated July 11, 2006 on Policy Clarification for Delegations of Lease Acquisition Authority.

Appendix I: VA Memorandum dated May 19, 2016, Guidance on Obligating New Leases and Correcting Existing Leases for FY 2015 and FY2016.

Appendix J: VA Memorandum dated June 22, 2016, Lease Obligation Change for Fiscal Year 2016.

Appendix K: Lease File Checklists.

Appendix L: Government Accountability Office (GAO)’s Decision, B-415137, Matter of: Goodwill Industries of the Valleys; SourceAmerica

Appendix M: Sample Letter to Lessor on Government Self-Insurance for General Liability

Appendix N: Federal Real Property Policy Memorandum (FPPM 2018-02), Physical Security Standards for Leased Facilities (Existing Space and Lease Construction Projects) (VAIQ 7866496)

Appendix O: CFM Policy Memorandum 003C-2016-3 Seismic Requirements for Leasing

Appendix P: Real Property Policy Memorandum 2017-03, Procedures for Network Contracting Office (NCO) Procurement of Broker Leasing Service Contracts

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CHAPTER 1. INTRODUCTION

This VHA Leasing Guide for Lease Contracting Officers (LCO) will provide LCOs with knowledge, tools, and information necessary, to succeed in VHA Lease Contracting. The intent of the VHA Leasing Guide for LCOs is to provide fundamental information on VHA leasing. Please be advised that this Leasing Guide is not comprehensive and is not meant to replace the mandatory training in leasing as well as the LCOs’ responsibility of reviewing and staying abreast of all applicable policies from the officially authorized sources. Furthermore, it is subject to revision for any new updates in the leasing policies. The VHA Leasing Guide for LCOs will be useful to all VHA contracting staff and particularly helpful to 1102s / 1170s new to VHA. The aim of this VHA Leasing Guide for LCOs is to provide detailed information on topics that apply to VHA leasing. This VHA Leasing Guide offers the following topics:

• Applicable laws, executive orders (EO), regulations for real property leass, including General Service Administration (GSA)'s Federal Management Regulation (FMR).

• General process for acquiring leasehold interest in real property including the process to obtain delegation of authority from GSA.

• Different types of leasing actions including succeeding and superseding lease, parking acquisition, hoteling, warehouse lease, extension, expansion, lease renewal, and standstill agreement.

• Commonly seen matters during the lease administration such as alteration, operating cost adjustment, real estate tax reimbursement, novation agreement, subordination non-disturbance and attornment (SNDA).

• Special topics with various matters that LCOs often deal with such as strategic capital asset program (SCIP), liability insurance, obligation of funds for leasing actions, sustainability, physical security, life safety system, determination of capital or operating lease, ratification process for unauthorized commitment, and broker service contract.

• Background investigation related to leased spaces.

• Overview of the electronic Contract Management System (eCMS)

• Overview of the VA financial system: FMS and IFCAP.

Please contact the Center for Leasing Excellence if you have any questions or require additional assistance. The VHA Leasing Guide for LCOs, and the summaries it contains, is issued only for the convenience of its users and is not intended to: (i) be a complete listing of all laws, regulations or Executive Orders applicable to VHA or federal real property policy; (ii) be cited or relied upon as legal authority for any purpose whatsoever; (iii) serve as the basis for any suit, claim, right, or cause-of-action against VHA, or any person; or (iv) cover any changes in law or policy after the date of its issuance.

1.1. Purpose

The purpose of this VHA Leasing Guide is to provide a single source for applicable authorities, procedures, and best practices for LCOs who perform the warranted duties that obligate the Government, including executing and administering lease contracts.

1.2. Scope

This real property VHA Leasing Guide for LCOs is a ready reference to the policies and procedures that define the real property leasing program of the Department of Veterans Affairs (VA). Incorporated in this VHA Leasing Guide for LCOs are procedures for acquiring leasehold interests in real property, and VA LCOs, realty specialists, and contract specialists can use it as an instructional manual on the real property leasing process.

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1.3. Applicability

This VHA Leasing Guide applies to acquisitions of leasehold interests in real property in accordance with the VA Secretary’s authority in Title 38 USC 8103 and as delegated by the GSA Administrator in accordance with Title 40 USC 585. Contracting Officers are required to follow policies and procedures as directed in VA Handbook 7815 Draft and U.S. Department of Veterans Affairs (VA) Supplement to GSA Leasing Desk Guide issued on December 22, 2017 attached under section Appendix of this VHA Leasing Guide in addition to the minimum requirements directed by GSA in GSA Manual (GSAM) and Public Building Service (PBS) Leasing Desk Guide.

Questions and concerns regarding applicability of policies, procedures and regulations for lease acquisitions can be directed to the VHA Center for Leasing Excellence email group:

VHACenterforLeasingExcellence@va.gov.

1.4. VA Leasing Authority

Title 38 USC 8103. Under this section, the VA Secretary is authorized to construct, alter and to acquire sites for medical facilities, and parking facilities in accordance with Title 38 USC 8103. This authority must be used in conjunction with Title 41 USC 254c, which permits the use of multi-year contract authority for the acquisition property (which includes real property) for more than 1 year and up to 5 years.

Although this authority does not require delegation from GSA, strict compliance with Title Title 41 USC 254c is required and review by VA Office of Real Property (ORP) and VA Office of General Counsel may be required, through VHA.

Title 38 USC 8109. Under Title 38 USC 8109, the VA Secretary (1) may construct or alter parking facilities, and may acquire, by purchase, lease, condemnation, donation, exchange, or otherwise, such land or interests in land as the Secretary considers necessary for use as the site for any such construction or alteration; (2) may acquire, by purchase, lease, condemnation, donation, exchange, or otherwise, any facility that the Secretary considers necessary for use as a parking facility; and (3) may operate and maintain parking facilities.

Title 38 U.S.C. § 8104, as amended. Under Title 38 U.S.C. § 8104, as amended, the Secretary of VA

(00) is required to submit to Congress a prospectus for any "new major medical facility lease" having an average annual unserviced (minus the cost of services and utilities) rent of $1,000,000 or more. Such a lease is called a "prospectus-level lease" or “major lease.”

Title 40 USC 585. Additionally, the VA Secretary is authorized to acquire leased space in accordance with Title 40 USC 585 with delegation from the GSA which allows VA to enter multi-year lease contracts and have the protection of GSA’s Public Building Fund. When VA acquires lease agreements under Title 38 USC 8103 in conjunction with Title 41 USC 254c and Title 40 USC 585, VA leases can have terms up to 20 years and protection from GSA’s Public Building Fund. Leases acquired using this authority must comply with the minimum requirements of GSA policies, procedures and regulations, in addition to VA policies, procedures and regulations when applicable.

FMR Bulletin C-2. In addition, in accordance with FMR Bulletin C-2, VA must submit a request to GSA for delegation of authority for acquiring the general purpose and special purpose space for a term up to 20 years through the GSA Real Estate Exchange (GREX) delegation management system.

1.5. VHA Mission Statement

Honor America’s Veterans by providing exceptional health care that improves their health and well-being.

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