31 - Request for Lease Proposals

Table of Contents

31 - request for lease proposals

31.1 - GSA Lease Model

31.11 - Standard Lease Model

31.12 - Streamlined Lease Model

31.13 - Simplified Lease Model

31.14 - Succeeding/Superseding Lease Model

31.2 - Editing the GSA Lease Model

32 - Required clauses

32.1 - Green Lease Standards

32.2 - National Environmental Policy Act Requirements

32.3 - Security Standards

32.31 - Waiver or Modification of Security Standards

32.4 - Accessibility Standards

32.41 - Waiver or Modification of Accessibility Standards

32.5 - Fire Protection and Life Safety

32.6 - Seismic Safety

32.7 - Information Technology

32.8 - Availability of Funding

32.9 - Representation and Award Assurance

33 - forms

33.1 - Standard RLP Package

33.2 - Streamlined RLP Package

33.3 - Simplified RLP Package

33.4 - Succeeding/Superseding RLP Package

33.5 - Review

33.6 - Checklist

34 - issuing the Request for Lease ProposalS

34.1 - Advertising

34.11 - Response Times

35 - changing the Request for Lease ProposalS

36 - late offers, modifications of offers, and withdrawals of offers

An electronic version of the applicable General Services Administration (GSA) Leasing Desk Guide chapter titled: “Chapter 2 - New or Replacing Lease”, can be accessed at: http://www.gsa.gov/graphics/pbs/LDG-Chapter2-NewLease-Final9-30-10_508comp.pdf.

31 - request for lease proposals

A solicitation for offers (SFO) is a request for proposals in response to a defined Government need. For lease acquisitions, the SFO is also commonly referred to as a request for lease proposals (RLP). The RLP describes the Forest Service’s requirements for space as well as the evaluation criteria the Forest Service will use to evaluate offers. The RLP forms the basis for the entire lease acquisition process.

1. For space that will be acquired using GSA’s delegated lease authority (see chapter 20, sec. 25), the RPLO shall use GSA’s lease templates, also referred to as a GSA lease model and attach the appropriate forms. Each lease model separates the solicitation into an RLP and a lease. The RLP provides solicitation and how-to-offer information while the lease provides all contractual and enforceable aspects of the contract. The level of detail the RPLO shall provide in the RLP will ultimately depend upon the lease model used. A discussion of each GSA lease model is provided in
section 31.1.

An electronic version of the applicable GSA Lease Acquisition Circular (LAC-2012-02) can be accessed at: http://www.gsa.gov/graphics/pbs/LAC-2012-02_Issuance_Lease_Reform_Models_6-1-12.pdf.

2. For space that will be acquired using the Categorical Space or Special Purpose Space delegated lease authority (see chapter 20, sec. 25.3), the RPLO should use the most applicable GSA template in accordance with the type of space to be acquired. The RPLO shall still include the required clauses discussed in section 32, as applicable.

31.1 - GSA Lease Model

The RPLO shall choose the GSA lease model which best supports the size, complexity, and price threshold of the Unit’s space need. See exhibit 01 for a summation of each lease model.

31.11 - Standard Lease Model

The Standard lease model replaces the previous GSA tenant improvement SFO and should be used for new construction and lease acquisitions requiring extensive alterations, regardless of the dollar value of the acquisition and security level requirements. This lease model is designed for a best value trade-off or lowest price technically acceptable procurement. It may also be used for a sole source procurement if the succeeding/superseding lease model is not appropriate due to extensive alteration requirements (sec. 31.14).

An electronic version of the Standard lease model can be accessed via G-REX (see chapter20, sec. 25.1).

A description of each form in the Standard lease model is provided in section 33.

31.12 - Streamlined Lease Model

The Streamlined lease model should be used for lease acquisitions not exceeding $500,000 net annual rent and security levels I-III. With this lease model, the RPLO shall provide detailed space requirements (see chapter 20, sec. 21.23) and commit to a Design Intent Drawing workshop. If alterations are required, the RPLO can choose from three Tenant Improvement (TI) options, one of which includes a turnkey approach. This lease model is designed for a lowest price technically acceptable procurement.

An electronic version of the Streamlined lease model can be accessed via G-REX (see chapter 20, sec. 25.1).

A description of each form in the Streamlined lease model is provided in section 33.

31.13 - Simplified Lease Model

The Simplified lease model should be used for lease acquisitions not exceeding $150,000 net annual rent and security levels I-II. If circumstances exist that prevent the RPLO from soliciting at least three sources, the RPLO shall document the file to explain the lack of competition (see chapter 20, sec. 28).

With this lease package, the RPLO shall provide detailed space requirements (see chapter 20, sec.21.23). If alterations are required, the Offeror shall include the TI pricing in the initial lease proposal as part of the rental rate. This lease model is designed for a lowest price technically acceptable procurement.

An electronic version of the Simplified lease model can be accessed via G-REX (see chapter 20, sec. 25.1).

A description of each form in the Simplified lease model is provided in section 33.

31.14 - Succeeding/Superseding Lease Model

The Succeeding/Superseding lease model should be used when space requirements have not changed and a stay in place solution is appropriate. This lease model is designed for space with minimal or no tenant improvements (that is, carpet and paint refreshing). Improvements such as carpet and paint refresh must be included in the rental rate and amortized over the firm term of the lease. This lease model is designed for a sole source procurement. If a tenant improvement allowance is needed or the acquisition is likely to be a sole source procurement, the RPLO should use the Standard lease model.

An electronic version of the Succeeding/Superseding lease model can be accessed via G-REX (see chapter 20, sec. 25.1).

A description of each form in the Succeeding/Superseding lease model is provided in section 33.

31.1 – Exhibit 01

GSA Lease Models

31.2 - Editing the GSA Lease Model

Each GSA lease model includes blue instructional text to assist the RPLO in customizing the RLP and lease templates. To reveal the blue instructional text in the templates, the RPLO shall open the template and:

1. Click: File,

2. Click: Print,

3. Click: Options,

4. Click: Display,

5. Make sure the “Hidden Text” option is selected,

6. Click: Okay, and

7. Click: Close.

In certain cases, the RPLO may revise the original text in the templates to address the specific needs of the proposed lease acquisition to meet mission requirements. For example, the RPLO might need to revise paragraphs specific to electrical distribution or lighting specifications.

If the RPLO shall delete a clause in the RLP or lease template that is not preceded by blue instructional text, the RPLO shall “strike through” the paragraph and leave the number of the paragraph unchanged. If the RPLO shall modify a paragraph in the RLP or lease template that is not preceded by blue instructional text, the RPLO shall “strike through” the paragraph, leave the number of the paragraph unchanged, and paste a revised copy of the paragraph into the last section of the RLP or lease template titled “Additional Terms…”

All proposed revisions must be approved at one level above the RPLO (Branch Chief, Team Lead, and so forth). The final approver may also elect to submit the proposed revision to the Regional Office of General Counsel (OGC) if the proposed revision is so substantial that it should be reviewed for legal sufficiency.

32 - Required clauses

When customizing the RLP and lease template, the RPLO shall ensure that certain mandatory Forest Service requirements are included.

Sections 32.1 through 32.5 provide additional guidance for incorporating these requirements.

32.1 - Green Lease Standards

Executive Order (E.O.) 13423, Strengthening Federal Environmental, Energy, and Transportation Management requires agencies to reduce energy and water intensity and achieve other sustainability goals.

The RPLO shall incorporate sustainable design and operation paragraphs into the RLP and lease template for new/succeeding leases for existing buildings or new leases for lease construction ≥ 10,000 RSF (where the Government will be the sole occupant of the building with the exception of retail space).

1. For new/succeeding leases for existing buildings, the RPLO shall include the paragraphs that require existing buildings to meet an Energy Star® rating of 75.

Although provided for in the RLP, the RPLO does not have to include the Energy and Environmental Design (LEED) for Commercial Interiors (LEED-CI) paragraphs or any subsequent references to LEED-CI for new/succeeding leases for existing buildings. These paragraphs are optional and can be used completely at the discretion of the RPLO and the Unit.

2. For lease construction projects ≥ 10,000 RSF (where the Government will be the sole occupant of the building with the exception of retail space), the RPLO shall include the paragraphs that require the building to attain a Leadership in Energy and Environmental Design (LEED) Silver rating.

Although not included in the template, the RPLO should add a reference to other acceptable third-party certification systems (which can be accepted in the place of the LEED Silver rating) which include: “Green Globes (minimum Two Green Globes certification), or other American National Standards Institute (ANSI) accredited third-party certification system”.

*Note: When a third-party certification system such as LEED or Green Globes is not supported by the market, (that is cannot secure sufficient competition, offered rates are excessive, and so forth), the Real Property Leasing Officer shall provide written justification in the Price Negotiation Record and the RLP must contain, at a minimum, all other green lease paragraphs.

3. For renewal options, supplemental lease agreements (SLAs), lease extensions, and temporary leases (including short-term disaster leases), the RPLO may include the green lease paragraphs as deemed appropriate.

For more details on Sustainability requirements, see FSH 7309.11, chapter 70.

An electronic version of the applicable GSA Leasing Desk Guide, titled: “Chapter 18 –

Sustainability and Environmental Considerations”, can be accessed at: http://www.gsa.gov/portal/getMediaData?mediaId=154711.

32.2 - National Environmental Policy Act Requirements

The National Environmental Policy Act (NEPA) requires an assessment of the environmental impact of every proposed federal action that could affect the environment. The RPLO shall work with the Environmental Coordinator at the applicable level of responsibility to determine what type of NEPA evaluation (if any) must be undertaken. The Environmental Coordinator, in concurrence with the applicable Line Officer, will assign an interdisciplinary team to assist with the NEPA analysis. The RPLO shall include all design criteria, mitigation measures, and/or additional surveys needed to comply with other environmental laws and regulations in the RLP and lease template.

32.3 - Security Standards

In April 2010, the Department of Homeland Security’s Interagency Security Committee (ISC) established baseline physical security measures applicable to all Federal facilities (including leased space) for facility security levels I, II, III, IV, and V. Facilities are rated based on a combination of criteria including mission criticality, symbolism, population, size, threat to tenant agencies and intangible factors, such as duration of occupancy, or a highly-attractive neighboring facility which could be the target of an attack.

These security levels and their minimum requirements are reflected in the RLP and lease template (as applicable per the GSA lease model being used). Requirements that are not already contained in the RLP and lease template can be attached as “Additional Security Requirements”.

The RPLO shall work with the Unit and the Forest Service Law Enforcement and Investigations (LE&I) staff to include the required security level paragraphs, and, at the direction of the Unit and LE&I staff member, select additional security paragraphs as appropriate and include in the RLP and lease template. The RPLO, Unit, and LE&I staff member may agree to alter paragraphs as necessary; provided the text remains substantially the same and the ISC standards are achieved.

Facility security levels I and II will use turnkey pricing and Offerors will price them pre-award. FSL III and IV facilities will use placeholder allowance pricing and the Offeror will price them post-award.

An electronic version of the applicable GSA Leasing Desk Guide, titled: “Chapter 19 -

Security”, can be accessed at: http://www.gsa.gov/portal/getMediaData?mediaId=154807.

*Note: In the event no security compliant space can be acquired, and a build-to-suit, Federal space, or security lease consolidation is not possible, then the best security solution available should be obtained.*

32.31 - Waiver or Modification of Security Standards

1. For space that will be acquired using GSA delegated lease authority (see ch. 20, sec. 25). GSA has the authority to waive or modify security standards if requested by the Forest Service. To request a waiver or modification of security standards, the RPLO shall contact the appropriate GSA Region to describe the request and provide a description of the determination by Forest Service LE&I staff to support the waiver or modification. The request must be approved by the Regional Forester prior to its submission to GSA. A list of the GSA Regional contacts can be accessed electronically at: http://www.gsa.gov/portal/staffDirectory/group/Leasing.

See exhibit 01 for a sample waiver/modification request letter.

2. For space that will be acquired using the Categorical Space or Special Purpose Space delegated lease authority (see chp. 20, sec. 25). The Forest Supervisor has the authority to waive or modify security standards if requested by the RPLO. To request a waiver or modification of security standards, the RPLO shall obtain a determination from the local LE&I staff supporting the waiver or modification and provide to the Forest Supervisor for approval.

32.31 – Exhibit 01

sample waiver/modification request letter

32.4 - Accessibility Standards

In accordance with the 1968 Architectural Barriers Act (ABA), all facilities designed, built, altered, or leased with Federal funds, must be in compliance with the current applicable accessibility standards under the ABA.

Since May 8, 2006, the Architectural Barriers Act Accessibility Standards (ABAAS) has been the accessibility standard for federal facilities. The ABAAS replaced the 1984 Uniform Federal Accessibility Standards (UFAS).

All Forest Service leased space, including new, succeeding, superseding, and individual or cumulative lease extensions (exceeding 12 months duration) entered into after May 8, 2006 must meet ABAAS. This includes all alterations or expansions that are made to Forest Service leased space after June 1, 2010. This does not include the unilateral exercise of a renewal option that is included as one of the terms of a pre-existing lease (since this action is not considered a new lease action).

All Forest Service leased spaces and sites that were constructed or altered in accordance with UFAS prior to May 8, 2006 are considered to be accessible per the lease. However, if the Unit requires alterations or an expansion that is considered to be outside the scope of the lease, the lessor must upgrade the facility in accordance with ABAAS.

The RPLO shall work with the Forest Service Engineering staff or the lessor’s architect to ensure that the applicable ABA accessibility standards are incorporated into the RLP and lease template. An electronic version of the GSA ABAAS Compliance Checklist can be accessed at: http://www.gsa.gov/graphics/pbs/ABAAS_Leasing_Checklist_FINAL_R2C15-e_0Z5RDZ-i34K-pR.pdf.

An electronic version of the applicable GSA Leasing Desk Guide, Appendix E titled:

“Accessibility Standards”, can be accessed at: http://www.gsa.gov/graphics/pbs/Accessibility-AppendixE_1-18-11_508c.pdf.

32.41 - Waiver or Modification of Accessibility Standards

The Administrator of GSA has the authority to waive or modify the accessibility standards for all facilities involving federal funds on a case-by-case basis if requested by an agency and the Administrator determines that the waiver or modification is clearly necessary.

To request a waiver or modification of accessibility standards, the RPLO shall:

1. Submit a certificate of determination containing written findings of fact demonstrating that a waiver or modification is necessary to the Washington Office, Director of AQM.

2. The Washington Office, Director of AQM will review and submit via cover letter to the Washington Office, National Accessibility Program Manager.

3. If approved by the Washington Office, National Accessibility Program Manager, the Washington Office, Director of AQM will and submit via cover letter to U. S. Department of Agriculture Office of Procurement and Property Management (USDA OPPM).