WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_30 Page 1 of 20 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 30 - ISSUING A REQUEST FOR LEASE PROPOSALS Table of Contents 31 - REQUEST FOR LEASE PROPOSALS ................................................................... 2 31.1 - GSA Lease Model ............................................................................................................ 2 31.11 - Standard Lease Model ................................................................................................ 2 31.12 - Streamlined Lease Model ........................................................................................... 3 31.13 - Simplified Lease Model .............................................................................................. 3 31.14 - Succeeding/Superseding Lease Model ....................................................................... 3 31.2 - Editing the GSA Lease Model .......................................................................................... 5 32 - REQUIRED CLAUSES ............................................................................................ 5 32.1 - Green Lease Standards ..................................................................................................... 6 32.2 - National Environmental Policy Act Requirements .......................................................... 7 32.3 - Security Standards ............................................................................................................ 7 32.31 - Waiver or Modification of Security Standards ........................................................... 8 32.4 - Accessibility Standards .................................................................................................. 10 32.41 - Waiver or Modification of Accessibility Standards ................................................. 10 32.5 - Fire Protection and Life Safety....................................................................................... 11 32.6 - Seismic Safety ................................................................................................................ 11 32.7 - Information Technology ................................................................................................. 11 32.8 - Availability of Funding .................................................................................................. 12 32.9 - Representation and Award Assurance ............................................................................ 12 33 - FORMS .................................................................................................................. 14 33.1 - Standard RLP Package ................................................................................................... 15 33.2 - Streamlined RLP Package .............................................................................................. 15 33.3 - Simplified RLP Package................................................................................................. 16 33.4 - Succeeding/Superseding RLP Package .......................................................................... 17 33.5 - Review ............................................................................................................................ 18 33.6 - Checklist ......................................................................................................................... 18 34 - ISSUING THE REQUEST FOR LEASE PROPOSALS ......................................... 18 34.1 - Advertising ..................................................................................................................... 18 34.11 - Response Times ........................................................................................................ 19 35 - CHANGING THE REQUEST FOR LEASE PROPOSALS .................................... 19 36 - LATE OFFERS, MODIFICATIONS OF OFFERS, AND WITHDRAWALS OF OFFERS ............................................................................................................. 20 WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_30 Page 2 of 20 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 30 - ISSUING A REQUEST FOR LEASE PROPOSALS 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-201202_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). WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_30 Page 3 of 20 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 30 - ISSUING A REQUEST FOR LEASE PROPOSALS 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. WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_30 Page 4 of 20 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 30 - ISSUING A REQUEST FOR LEASE PROPOSALS 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 STANDARD STREAMLINED SIMPLIFIED SUCCEEDING/ SUPERSEDING N/A $150,000 to $500,000 Under $150,000 N/A TI allowance allows refinement during design -DID schematic and/or detailed requirements -DID schematic and/or detailed requirements “As is” or paint and carpet -Typical office space -Typical office space All Levels I, II, III Levels I, II All TI Strategy TI allowance 3 TI options Upfront pricing of TIs (firm fixed price at lease award) No TI Procurement Method Best Value Trade-Off or Lowest Price Technically Acceptable Lowest Price Technically Acceptable Lowest Price Technically Acceptable Sole Source N/A -DID workshop -Optional paragraphs for operating costs escalations and tax adjustments. Intent is to avoid use of these clauses if possible. Net Annual Rent Dollar Threshold Unit Specific Requirements ISC Security Requirements Additional Criteria -No change to lease after final offer is submitted -Initial offer can be accepted as the final offer. -No CD review WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_30 Page 5 of 20 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 30 - ISSUING A REQUEST FOR LEASE PROPOSALS 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. WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_30 Page 6 of 20 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 30 - ISSUING A REQUEST FOR LEASE PROPOSALS 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 thirdparty 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. WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_30 Page 7 of 20 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 30 - ISSUING A REQUEST FOR LEASE PROPOSALS 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. WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_30 Page 8 of 20 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 30 - ISSUING A REQUEST FOR LEASE PROPOSALS 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. WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_30 Page 9 of 20 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 30 - ISSUING A REQUEST FOR LEASE PROPOSALS 32.31 – Exhibit 01 sample waiver/modification request letter WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_30 Page 10 of 20 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 30 - ISSUING A REQUEST FOR LEASE PROPOSALS 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_0Z5RDZi34K-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/AccessibilityAppendixE_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. WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_30 Page 11 of 20 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 30 - ISSUING A REQUEST FOR LEASE PROPOSALS 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). 4. USDA OPPM will review and submit via cover letter to GSA. 32.5 - Fire Protection and Life Safety The RPLO shall incorporate GSA’s Fire Protection and Life Safety requirements into the RLP and lease template to ensure that the Forest Service is not exposed to any unnecessary health and safety risks. An electronic version of the applicable GSA Leasing Desk Guide, Appendix D titled: “Fire Protection and Life Safety”, can be accessed at: http://www.gsa.gov/graphics/pbs/LDG_App_D_Fire_Protection_and_Life_Safety_final-9-2611_508c.pdf. 32.6 - Seismic Safety In accordance with Executive Order 12941, “Seismic Safety of Existing Federally Owned or Leased Buildings” and Executive Order 12699 “Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction”, the RPLO shall incorporate GSA’s Seismic Safety requirements into the RLP and lease template to ensure that the Forest Service is not exposed to any undue seismic hazards. *Note: In the event no offers are received that fully meet seismic safety requirements, only offers that substantially meet seismic safety requirements should be considered. If no offers are received that fully or substantially meet seismic safety requirements, the RPLO may elect to make no lease award.* An electronic version of the applicable GSA Leasing Desk Guide, Appendix G titled: “Seismic Safety in Leasing” can be accessed at: http://www.gsa.gov/portal/getMediaData?mediaId=154715. 32.7 - Information Technology The RPLO shall work with the Unit and the Chief of Information Office (CIO), Facility Move Support Team (FMST) to ensure that the IT needs of the Forest Service are addressed. Although the RLP and lease template already includes IT paragraphs, more often than not, the paragraphs will have to be revised/added to address the Forest Service’s specific needs. See chapter 20, WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_30 Page 12 of 20 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 30 - ISSUING A REQUEST FOR LEASE PROPOSALS section 27.3 for information on how to request assistance from the FMST. An electronic copy of the leased facility performance specifications is available electronically at: http://fsweb.wo.fs.fed.us/irm/facilities//leased-facilities-guidelines.php. 32.8 - Availability of Funding The RPLO should incorporate a “Subject to the Availability of Funding” paragraph into the lease template to ensure that the Forest Service does not violate the Anti-Deficiency Act, unless otherwise agreed upon by the Regional OGC. A sample paragraph is provided below: The authorization of performance of work under this contract during the initial contract period and any option or extension period(s) is contingent upon the appropriation of funds to procure this service. If the contract is awarded, extended, or option(s) exercised, the Government’s obligation beyond the end of the fiscal year (September 30), in which the award or extension is made or option(s) exercised, is contingent upon the availability of funds from which payment for the contract services can be made. No legal liability on the part of the Government for payment of any money beyond the end of each fiscal year (September 30) shall arise unless or until funds are made available to the Contracting Officer for this procurement and written notice of such availability is given to the Contractor. 32.9 - Representation and Award Assurance The RPLO shall manually incorporate the following representation and award assurance paragraph into the lease template. The RPLO shall also add the same representation and award assurance paragraph into GSA Form 3518 and 3518A by “striking through” the existing GSA clause (clause 552.203-72 dated April 2012) and replacing it with the paragraph below. This paragraph requires corporate lessors to certify that they have no unpaid federal tax liability or recent felony convictions. REPRESENTATION REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS Awards made under this announcement are subject to the provisions contained in the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012, P.L. No. 112-74, Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all applicants must complete the paragraph (1) of this representation, and all corporate applicants also must complete paragraphs (2) and (3) of this representation. (1) Applicant [insert applicant name] is __ is not (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_30 Page 13 of 20 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 30 - ISSUING A REQUEST FOR LEASE PROPOSALS of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.) If Applicant checked "is" above, Applicant must complete paragraphs (2) and (3) of the representation. If Applicant checked "is not" above, Applicant may leave the remainder of the representation blank. (2) Applicant [insert applicant name] has ___ has not __(check one) been convicted of a felony criminal violation under Federal law in the 24months preceding the date of application. Applicant has _ has not ( check one) had any officer or agent of Applicant convicted of a felony criminal violation for actions taken on behalf of Applicant under Federal in the 24 months preceding the date of signature. (3) Applicant [insert applicant name] has __ does not have (check one) any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. Assurance: This clause is for use in all award documents that are entered into with any entity that is a corporation. If the entity receiving award is not a corporation then you do not need to include the assurance in the award document. ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS This award is subject to the provisions contained in the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012, P.L. No. 112-74, Division E, Sections 433 and 434regarding corporate felony convictions and corporate Federal tax delinquencies. Accordingly, by accepting this award the recipient acknowledges that it: (l) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and (2)has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the recipient corporation, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government. If the recipient fails to comply with these provisions, the United States Forest Service will annul this agreement and may recover any funds the recipient has expended in violation of sections 433 and 434. WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_30 Page 14 of 20 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 30 - ISSUING A REQUEST FOR LEASE PROPOSALS 33 - FORMS The RPLO shall include several forms with each GSA lease model. A description of each form is provided below: Procurement Summary Page. This form summarizes the statement of requirements, provides estimated project dates, and identifies the designated Government points of contact for the proposed lease acquisition. This form should serve as a cover page to the RLP. RLP. See definition in Zero Code, section 05. Lease. See definition in Zero Code, section 05. GSA Form 1364x, Proposal to Lease Space. This form is to be completed by the Offeror to address financial data needed to issue a lease. This form has been customized for each GSA lease model. Building Security Unit Price List. This form is to be completed by the Offeror to address unit prices on all security countermeasures identified in the RLP. The RPLO should enter the totals of these countermeasures on the GSA Form 1364 as appropriate by category. GSA Form 1217, Lessor’s Annual Cost Statement. This form is a checklist to be completed by the Offeror to address technical requirements. GSA Form 3516x, Solicitation Provisions. This form provides solicitation provisions associated with the RLP. This form has been customized for the Simplified Lease model. GSA Form 3517x, General Clauses. This form provides the contract clauses associated with the lease. This form has been customized for each GSA lease model. GSA Form 3518A, Representations and Certifications. This form is to be completed by the Offerer to certify basic information required for Government access and registration in Federal databases. GSA Form 12000, Pre-Lease Fire Protection and Life Safety Evaluation. This form is to be completed by the Offeror or the Offeror’s professional engineer to assess the building's fire protection and life safety systems when the space is estimated to be ≥ 10,000 rentable sf and above the first floor. WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_30 Page 15 of 20 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 30 - ISSUING A REQUEST FOR LEASE PROPOSALS 33.1 - Standard RLP Package The RPLO should include the following forms with the Standard lease model: 1. Procurement Summary Page, 2. GSA Form R101C, Request for Lease Proposals, 3. GSA Form L201C, Standard Lease, 4. GSA Form 1364C, Proposal to Lease Space, 5. GSA Form 1217, Lessor’s Annual Cost Statement, 6. Building Security Unit Price List, 7. Agency specific requirements, 8. Additional security requirements, 9. GSA Form 3516, Solicitation Provisions 10. GSA Form 3517B, General Clauses, 11. GSA Form 3518, Representations and Certifications, and 12. GSA Form 12000, Pre-Lease Fire Protection and Life Safety Evaluation (for space estimated to be ≥ 10,000 rentable sf). The RPLO may adjust the list of forms as appropriate for each lease acquisition. An electronic version of the GSA forms listed above can be accessed via G-REX (see ch.20, sec. 25.1) or via the GSA Forms website at: http://www.gsa.gov/portal/forms/type/TOP. 33.2 - Streamlined RLP Package The RPLO should include the following forms with the Streamlined lease model: 1. Procurement Summary Page, 2. GSA Form R101B, Request for Lease Proposals, 3. GSA Form L201B, Streamlined Lease, 4. GSA Form 1364B, Proposal to Lease Space, WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_30 Page 16 of 20 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 30 - ISSUING A REQUEST FOR LEASE PROPOSALS 5. GSA Form 1217, Lessor’s Annual Cost Statement, 6. Building Security Unit Price List, 7. Agency specific requirements, 8. Additional security requirements, 9. GSA Form 3516, Solicitation Provisions 10. GSA Form 3517B, General Clauses, 11. GSA Form 3518, Representations and Certifications, and 12. GSA Form 12000, Pre-Lease Fire Protection and Life Safety Evaluation (for space estimated to be ≥ 10,000 rentable sf). The RPLO may adjust the list of forms as appropriate for each lease acquisition. An electronic version of the GSA forms listed above can be accessed via G-REX (see ch. 20, sec. 25.1) or via the GSA Forms website at: http://www.gsa.gov/portal/forms/type/TOP. 33.3 - Simplified RLP Package The RPLO should include the following forms with the Simplified lease model: 1. Procurement Summary Page, 2. GSA Form R101A, Request for Lease Proposals, 3. GSA Form L201A, Simplified Lease, 4. GSA Form 1364A, Proposal to Lease Space, 5. GSA Form 1364A-1, Proposal to Lease Space Data, 6. Building Security Unit Price List 7. Agency specific requirements, 8. Additional security requirements, 9. GSA Form 3516A, Solicitation Provisions WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_30 Page 17 of 20 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 30 - ISSUING A REQUEST FOR LEASE PROPOSALS 10. GSA Form 3518, Representations and Certifications, and 11. GSA Form 12000, Pre-Lease Fire Protection and Life Safety Evaluation (for space estimated to be ≥ 10,000 rentable sf). The RPLO may adjust the list of forms as appropriate for each lease acquisition. An electronic version of the GSA forms listed above can be accessed via G-REX (see ch. 20, sec. 25.1) OR via the GSA Forms website at: http://www.gsa.gov/portal/forms/type/TOP. 33.4 - Succeeding/Superseding RLP Package The RPLO should include the following forms with the Succeeding/Superseding lease model: 1. Procurement Summary Page, 2. GSA Form R101A, Request for Lease Proposals, 3. GSA Form L202A, Succeeding/Superseding Lease, 4. GSA Form 1364S, Proposal to Lease Space, 5. GSA Form 1217, Lessor’s Annual Cost Statement, 6. Building Security Unit Price List, 7. Agency specific requirements, 8. Additional security requirements, 9. GSA Form 3516, Solicitation Provisions 10. GSA Form 3517B, General Clauses, 11. GSA Form 3518, Representations and Certifications, and 12. GSA Form 12000, Pre-Lease Fire Protection and Life Safety Evaluation (for space estimated to be ≥ 10,000 rentable sf). The RPLO may adjust the list of attached forms as appropriate for each lease acquisition. An electronic version of the GSA forms listed above can be accessed via G-REX (see ch. 20, sec. 25.1) or via the GSA Forms website at: http://www.gsa.gov/portal/forms/type/TOP. WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_30 Page 18 of 20 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 30 - ISSUING A REQUEST FOR LEASE PROPOSALS 33.5 - Review The RPLO shall send a draft of the RLP package to the Unit for technical review and approval. Once this review is complete, the RPLO shall incorporate all appropriate changes into the final version of the RLP package. 33.6 - Checklist In order to finalize the RLP lease package, the RPLO shall complete the following: 1. Insert the RLP number, 2. Insert date, 3. Renumber paragraphs where applicable, 4. Update the Table of Contents, 5. Ensure all required attachments are included (see section 33), 6. Attach the Procurement Summary Page, and 7. Attach a Cover Letter. 34 - ISSUING THE REQUEST FOR LEASE PROPOSALS The RPLO shall distribute the RLP package to all prospective Offerors simultaneously. For leases below the SLAT, the RPLO shall distribute the RLP package to at least three sources to promote competition to the maximum extent practicable. If the RLP is available on FedBizOpps, the RPLO may elect to notify prospective Offerors in writing (including email) that the RLP is available on FedBizOpps. This must occur on the same day the RPLO publicizes that the RLP is available (sec. 34.1). The RPLO shall also provide the RLP to anyone who requests it. In addition to distributing the RLP, the RPLO shall create an RLP Distribution List to identify the date the RLP was issued and include the names and contact information for everyone who receives the RLP. 34.1 - Advertising In accordance with the parameters described in chapter 20, section 26.1, the RPLO shall publicize that the RLP is available. WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_30 Page 19 of 20 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 30 - ISSUING A REQUEST FOR LEASE PROPOSALS 34.11 - Response Times If the proposed lease acquisition is expected to exceed the SLAT, the RPLO shall allow at least 20 days between the issuance of the solicitation and the date established for the receipt of proposals. If the proposed lease acquisition is not expected to exceed the SLAT, the RPLO shall establish a response time that will afford potential Offerors a reasonable opportunity to respond to the proposed lease acquisition. For cases of unusual and compelling urgency, the RPLO should provide as much response time as reasonably possible under the circumstances and document the contract file. 35 - CHANGING THE REQUEST FOR LEASE PROPOSALS If the Forest Service has a bona fide need to change a requirement in the RLP before or after receipt of offers, the RPLO shall issue an amendment in the same form as the original RLP, written or electronic. The RLP amendment document must reference the RLP number, agency, and location. The RPLO shall restate the original requirement and then describe the change. The RPLO shall distribute the RLP amendment to all prospective Offerors who were sent a copy of the RLP before the proposal due date. If an RLP amendment is made after proposals are received, the RPLO shall send the amendment to each Offeror who submitted a proposal and allow sufficient time for Offerors to revise their proposals accordingly. If time is critical, the RPLO may provide information on the RLP amendment orally. To do this the RPLO shall: 1. Make a record of the information provided. 2. Provide, or attempt to provide, the notice to all Offerors or prospective Offerors on the same day. 3. Confirm the information provided orally in a written amendment. If a change or modification of a requirement is so substantial1 that it is outside the scope of the RLP, the RPLO shall cancel the RLP, and issue a new one. 1 A substantial change could include an increase/decrease of 10 percent or more of the original square footage, a change to the delineated area, or a change in the type of space, and so forth. WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_30 Page 20 of 20 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 30 - ISSUING A REQUEST FOR LEASE PROPOSALS 36 - LATE OFFERS, MODIFICATIONS OF OFFERS, AND WITHDRAWALS OF OFFERS The RPLO shall follow the procedures outlined in FAR 15.208 for late offers, modifications, and withdrawals of offers.