MOD | X | National Broker Solicitation

FBO DAILY ISSUE OF JUNE 05, 2010 FBO #3115
MODIFICATION

X -- National Broker Solicitation

Notice Date: 6/3/2010
Notice Type: Modification/Amendment
NAICS: 531210 — Offices of Real Estate Agents and Brokers
Contracting Office: Department of Veterans Affairs;Office of Construction and;Facilities Management (00CFM3B);811 Vermont AVE, NW;Washington DC 20420
ZIP Code: 20420
Solicitation Number: VA10110RP0084
Response Due: 6/14/2010
Archive Date: 8/13/2010
Point of Contact: John Blake
Small Business Set-Aside: N/A
Description: AMENDMENT 1 NATIONAL BROKERS SOLICITATION NO: VA-101-10-RP-0084 1. The offer due date is extended to 4:00 pm EDT on Monday, June 14, 2010. 2.There is no section C.9.2.5. The reference is deleted. 3.Answer: Insert the following: C.9.2.4Compliance with Subcontracting Plans If subcontracting plans are required of Contractors bidding for this contract, they will be reviewed by the PCO to determine if the Contractor is making a śgood faith ť effort to comply with the approved plan. In accordance with FAR Clause 52.219-1, Liquidated Damages Subcontracting Plans, failure to make a śgood faith ť effort to comply with subcontracting plans may result in liquidated damages or other remedies available in the contract. Subcontracting plans are based on estimated commissions (revenues). Plans will be monitored based on actual revenues to see if the percentages proposed in the plan for subcontracting to the designated categories have been met. 4.Delete in its entirety B.2.1 General and Insert the following: B.2.1 GENERAL This contract is a firm-fixed price IDIQ contract. During the contract period, the VA shall not place individual task orders in excess of $2,000,000.00 and a maximum of $15 Million over the life of the contract. For activities set forth in Lease Acquisition Services, Sections C.4.2 through C.5.3, the Contractor ™s compensation shall be paid by a real estate broker, Lessor, other third party, and/or VA, as applicable, pursuant to contract terms to be negotiated on a task-order-by-task-order basis. The contract price for Lease Acquisition Services and services related to land interests includes the costs of the initial advertisement, and contractor travel-related expenses. The contract price for Lease Acquisition Services in the sections referenced above does not include the type and/or costs of services set forth in Sections C.5.4 through C.5.8. The cost of these tasks will be determined in line with the wage rates set forth within the Schedule of Prices of the bid or if related to acquisition or disposal of a land interest, commission commensurate with 50% of that possible in the local real estate market. The fixed hourly rates, contained in the Schedule of Prices, are inclusive of all direct and indirect costs, and cover all expenses, including report preparation, local travel, local and long distance telephone calls, salaries, overhead, general and administrative expenses, and profit or fee. (Subcontractor rates are proposed separately, but in the same manner). The fixed hourly rates are ceiling price rates; and the contractor may, at his discretion, elect to propose lower rates on a task-by-task basis. The preferred type of Task Order issued against the contract is Firm-Fixed Price. However, a Time-and Material/Labor-Hour Task Order may be issued in unique circumstances provided a determination is made in accordance with FAR 16.601(b) and 16.60(c). 5. Delete in its entirety C.4.1.5 Commissions and Insert following: C.4.1.5Commissions For services described in Sections C.5.4 through C.5.8, VA will be responsible for payment directly to the Contractor in line with the cost to be entered into Section B.2.2. However, for all other acquisition or disposal services, when the Contractor is entitled to receive a real estate commission or has any right to receive any form of payment from a broker or potential Lessor, the amount of that commission shall be documented on the related contract or SFO and on the SF-2 at lease award, using language substantially similar to the following to designate the Contractor as VA ™s representative and to outline the compensation schedule and related issues: śThe Lessor shall be responsible for paying all real estate commissions due in connection with the consummation of this (Lease or land transaction). For purposes of this (contract or Solicitation for Offers (SFO)), the firm of [Contractor ™s name] is the authorized representative of the US Department of Veterans Affairs (VA) and is providing (Lease Acquisition Services or land acquisition or disposal services) to VA in connection with this transaction. It is understood between the (parties to the contract, or Lessor and VA) that [Contractor ™s name] has provided (Lease Acquisition Services or land acquisition or disposal services) on behalf of VA to assist in the completion of this transaction. [If a Land Acquisition or Disposal] In connection with the provisions of such land acquisition or disposal services, and in the event that title legally transfers between the United States of America and a third party, the broker shall be entitled to receive up to 50% of the available market commission. (Note: if the land transaction is at no-cost to the Government, broker shall enter into a task order with the broker for a pre-determined amount of hours at the rates defined in Schedule B.2.2 of this contract.) [If a Lease Acquisition] In connection with the provisions of such Lease Acquisition Services and in the event of consummation of a lease agreement between the Lessor and VA, the Lessor will pay a commission or lease acquisition fee to [Contractor ™s name] in the amount of: [Note: subsection a, b, or c below will be selected and included in the solicitation] a) percentage not to exceed three percent (3%) [Actual percentage to be negotiated between VA and Contractor pursuant to each task order] of the total contract value over the firm lease term to include, but not limited to, base rent (including fixed rental increases or as annualized), other rental income, operating expenses (base year), real estate taxes (base year), and tenant improvement allowance (or applicable amortization). The total contract value that will be used to determine the percent of commission will be established based on the final lease documents at the time of lease execution or as amended thereof; or b) a per square foot rate equal to [to be determined upon task order ($____per net usable square foot)], based on the total net usable square footage established in the final lease documents; or c) a fixed fee schedule [to be determined upon task order]. Such commission or lease acquisition fee shall be due and payable as follows: Seventy-five percent (75%) of commission or lease acquisition fee shall be paid to [Contractor ™s name] within thirty (30) calendar days following lease execution between the Lessor and VA; and The remaining twenty-five percent (25%) of commission or lease acquisition fee shall be paid to [Contractor ™s name] within thirty (30) calendar days following the earlier payment to occur upon VA ™s acceptance of space or commencement of rent payments. The Lessor ™s responsibilities to pay the commissions or lease acquisition fee is independent of any other Lessor financial responsibilities of this lease and shall not be used to negotiate or offset any credit owed VA by the Lessor. However, in the event the Lessor shall fail to pay the commissions or lease acquisition fee amount owed to [Contractor ™s name] pursuant to the compensation schedule outlined herein, VA, at VA ™s sole option, shall pay the commission or lease acquisition fee on behalf of the Lessor to [Contractor ™s name] out of rent payments and/or any lump-sum payments owed or to be owed to Lessor for reimbursement(s) of tenant improvement costs or payment(s) for services/work provided by the Lessor. ť Criminal penalties for making a false statement to the United States Government are contained in 18 U.S.C. 1001. 5.Delete in its entirety C.5.7 and insert following: C.5.7LAND ACQUISITION AND DISPOSAL TRANSACTIONS Upon request from the PCO, NCM or PM, the Contractor shall provide services to acquire real property for the VA in accordance with DOJ Regulations, Standards, and Procedures (See Department of Justice (DOJ) Compliance in Section C.3) Task orders will consist of professional services for the acquisition and disposal of real property rights and interests of private property, and possibly, associated relocation assistance in accordance with all applicable federal laws and regulations including the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended (the śUniform Act ť). Both the Uniform Act, and 49 Code of Federal Regulations (CFR) Part 24 provide specific rules for conducting real estate acquisitions and relocations of private property by the United States Federal Government. The work includes, but is not limited to: Land Acquisition Support and Plan Development, Meeting Presentations, Site Selection, Title Services, ALTA/ACSM Land Title Surveys, Environmental Reports, Appraisals, Review Appraisals, Negotiations, Relocations Assistance, Settlements/Condemnations, and Closings. The acquisition and associated relocation assistance work may involve a wide range of properties: residential, commercial and special purpose properties. 6.Delete in its entirety C.5.8 and insert following: C.5.8ENVIRONMENTAL & HISTORICAL PRESERVATION ACTIONS Upon request from the PCO, NCM or PM, the Contractor shall provide or have a qualified professional provide Environmental & Historical Preservation services as required involving due diligence of proposed acquisitions for VA, including but not limited to, Environmental Impact Statements (EIS), Environmental Assessments (EA), Phase I Environmental Site Assessments, soil borings, and related issues pursuant to NEPA (National Environmental Policy Act), CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) and the NHPA (National Historic Preservation Act). 7. Delete in its entirety C.5.9 and insert following: C.5.9OTHER REAL PROPERTY TRANSACTIONS The Contractor may be required to perform the following real property transactions at the direction of the PCO: Settlements/Buy-outs Subleases Acquisition or Granting of Easement Interests Negotiation of Licenses and Permits In the event the Contractor is required to perform the actions associated with these tasks by the PCO, commissions to be received shall not exceed 50% of the available commission in the local jurisdiction. 8. Delete in its entirety G.2.3 and insert following: G.2.3TERMINATION OF LAND TASK ORDER PRIOR TO COMPLETION In the event a task order is terminated for the convenience of the Government prior to the completion of the relevant land transaction, the Government will not reimburse the Contractor for any costs associated with the task order if the Contractor ™s payment is on a commission basis. If the Contractor has agreed to payment on an hourly basis, the Contractor shall be reimbursed for actual services received by the Government at the time of task order cancellation. 8.Insert following : C.5.9.3 Construction Management Post Award Services 1.Provide post-award construction management/consulting services to include construction oversight, managing contract modification, providing on site personnel, participating in regular progress meetings with contractor and client facility and providing overall construction management of the project. Acknowledge Receipt of Amendment by signing and returning the amendment with your offer. Date_____________________________ Signature NATIONAL BROKERS SOLICITATION NO: VA-101-10-RP-0084 Questions and Answers 1.Question: In the above captioned SFO, it is unclear how the % s are to be calculated. Are all %s to be calculated as a % of Total contract value? This is implied with the description of the SDB %, but is not clearly stated throughout the factor description. Answer: Business Concern VA Goal Small Disadvantaged Business (includes Section 8 (a)) 5% Women-Owned Small Business 5% Service-Disabled Veteran-Owned Small Business 7% Historically Underutilized Business (HUB) Zone Small Business 3% Veteran-Owned Small Business 10% Offerors who do not have an overall target of at least 28.7% for subcontracting with small business concerns may not be competitive for this subfactor. 1 - 2. GOALS - Please state separate dollar and percentage goals for Small, Small Disadvantaged, Women-Owned, Historically Underutilized Business Zone (HUBZone), Service-Disabled Veteran-Owned and Veteran-Owned Small Business Concerns. NOTE: VA ™S REQUIRED GOALS ARE SHOWN BELOW WITH ASTERISKS. śZERO ť PERCENT VALUE FOR GOALS OR śN/A ť ARE UNACCEPTABLE. GOALS AND PERCENTAGES MUST BE ROUNDED TO THE NEARST DOLLAR AND TENTH OF A PERCENT. EXAMPLE OF HOW TO CALCULATE THE GOALS: DOLLARSPERCENT Total Contract Price$1,500,000 Total to be Subcontracted1,000,000100 Subcontract to Small Business 287,00028.7 Subcontract to Small Disadvantaged Business 50,0005.0 Subcontract to Women-Owned Small Business 50,0005.0 Subcontract to HUBZone Small Businesses 30,0003.0 Subcontract to Service Disabled Veteran-Owned Small Business 70,0007.0 Subcontract to Veteran-Owned Small Business 100,00010.0 The minimum requirement for small business subcontracting goal is 28.7%. The percentage of each category of small business is a total of 30%. The total contract value is $15 million. 2.Question: Is there a deadline for questions or are you responding to any received up to the submission date? Answer: We will respond to questions up until June 4, 2010 3.Question: I am looking forward to submitting my proposal as a Small Business for the above-referenced solicitation and have one question about subcontracted services. Since I will be responding under NAICS Code 531210 as a Small Business, do you require any subcontractors that I include in my service offering to be considered Small Businesses as well? Answer: No. 4.Question: Can the solicitation be saved in word 97-2000 format doc not docx? In its present condition only individuals with a new "Office" program are capable of opening the file. Answer: There are no plans to change the format. 5.Question: Can VA personnel who are overseeing a current vendors work be asked to submit a recommendation on behalf of an offeror for this Solicitation? Answer: No 6.Question: We are interested in preparing a proposal for the National Broker IDIQ Contract. Would you please provide us with the full SFO document at your earliest convenience? I have some questions about the solicitation based on the posted noticed but I will wait to see if the full SFO document answers them before I take your time with them. There is one initial qualification I do want to understand right from the start, however. Although we are a small business, we have several operating arms that include development and property management in addition to the real estate services we would propose to provide under a broker contract. If we were to be awarded an IDIQ contract for services, would we precluded from making offers to the VA under solicitations that were assigned to other brokers? Answer: Yes 7.Question: In the description of the solicitation in the first complete paragraph near the end it has MIA appraiser versus MAI Appraiser. MAI is a trade association and other vendors, etc. belong to other trade associations besides MAI and that there have been lawsuits over it. Why are we using/requesting MAI Appraisers? Why didn ™t we set-aside for Service Disabled Vets? Answer: VA will use MAI Appraisers that have substantive knowledge of the Uniform Appraisal Standards for Federal Land Procurements. VA plans to award contracts to large and small businesses. VA has included award evaluation criteria for Service Disabled Veteran Owned Small Business in this solicitation. 8.Question: Is it considered a conflict of interest if a company were to provide a response to this SFO when they are currently and will possibly continue to do construction work for VA? Answer: While Real Property Service is an office under the Office of Construction & Facilities Management, it is separate and apart from the offices that work on construction projects. It is not a conflict of interest to provide a response to this SFO while continuing to work on VA construction projects 9.Question: Can you provide anticipated lease expiration dates? Having this information would allow companies to forecast VA activity throughout the nation and give them a picture as to how their resources will need to be allocated for the contract year. Answer: Real Property Service procures leases for 15 to 20 year terms. There are leases in the VA system that expire and new leases to be procured every year. 10.Question: Can you still apply if you are not a national company? Are you allowed to partner with other companies? Answer: Partnering is a business decision on the part of the offering group. It is not prohibited. All interested businesses that can meet the requirements of the solicitation are encouraged to apply. 11.Question: Are cover pages counted in the page limitation? Answer: No, cover pages are not counted. 12.Question: The Schedule of Pricing “ just to clarify: The schedule incorporated is a standardized time for each line item to assess value “ if we have additional personnel under some of the line item examples, can we adjust the schedule accordingly or must we confine our estimates to the schedule nomenclature provided? Answer: You must provide pricing for the listed personnel. While may include pricing for additional personnel, the additional information will not be made a part of the scoring criteria and may not be included in the final contract document. 13.Question: The pages in the table of contents do not always line up with the actual page numbers. Are pages missing? Answer: The page numbers on the table of contents are incorrect. This will be corrected before the contract is awarded. There are no missing pages. 14.Question: Section C.9.2.5 is included in the table of contents but there is no content associated with this section designation. Is this section missing? Answer: There is no section C.9.2.5. The reference is deleted. 15.Question:. Exhibit 13 (Regulations of the Attorney General Concerning Title) is included in the table of contents, however it is not included with the documentation. Can you provide this Exhibit? Answer: Yes, an attachment to this document 16.Question:. Section C.5.5 calls for Title Searches, however the pricing table B.2.2 does not specifically call for Title Specialists. Do you expect the work to be accomplished by a Staff Attorney, Real Estate Specialist, Real Estate Broker or some other position? Answer: Title Searches can be subcontracted out to title abstractors or title attorneys. 17.Question: Do you expect to receive current market information included in the write up for Subfactor 1(b) “ Operational Plan - Scenario # 1 and Scenario #2? Answer: If providing current market information helps the Offeror address the requirements, then it should be used. 18.Question: On the cover page and on the fbo.gov website the solicitation is listed as If providing current market information helps the Offeror address the requirements, then it should be used VA-101-10-RP-0084 but on page 96 under Section L.6 the solicitation number VA-101-09-RI-0209 is listed as what should appear on the outside of the package that we will send in by June 9th. Which is the correct solicitation number? Answer: The correct solicitation no. for this procurement is VA-101-10-RP-0084. 19. Question: Exhibit 11 shows the 23 Regions of the VA and their corresponding facilities. VISN 15: VA Heartland Network does not identify a city and state location as is shown for all of the other regions. Can you provide this information? Answer: VISN 15 is located in Kansas City, MO. 20.Question: I would like to ask if it might be possible to do a capabilities presentation for you and the client? ANSWER: The Government may request oral presentations but all the required information must be submitted in accordance with solicitation. 21.Question: Pg 1. Is it the intention that the contractor choose either code as their primary NAICS code? ANSWER: CONTRACTOR CAN ONLY USE ONE NAICS CODE. 22.QUESTION: Can an offer be made under either code? Answer: Yes, but the contractor can only use one code. 23.Question: Pg. 92 K.8.52.219.1 - Does not have NAICS 541611 listed. Is the dollar limit ($1,500,000) right for this NAICS code 531210? Answer: Small Business Size Standard for NAICS Code 531210 is $2.00 million 24.Question: Pg. 9, 10, & 30 “ What is the scope of post award services and will VA pay for project management separately? Answer: Post award services are listed on page 30 of the contract. Should VA need separate project management/construction management assistance, a new task order based on hourly rates will be completed. 25.Question: Does contractor have to provide a Construction Manager that is on site and paid for in the commission? Answer: No. Should VA need separate project management/construction management assistance, a new task order based on hourly rates will be completed. 26.Question: Pg. 35 “ C.5.9.3 “ Post Award Services “ No description of work is inserted. Are we to presume that C.4.2.12 #3 is the correct work description? Answer: No, section C.5.9.3 referes to construction management post award services, which would be contracted for separately. 27.Question: Pg. 15 “ Is the term śrentable ť as defined in new 2010 BOMA standard? Pg. 30 C.4.2.12 “ 4.e - Is the contractor responsible for the verification of building square footage (NUSF)? Answer: On contracts for existing space, yes the contractor must validate the amount of square footage prior to award. 28.Question: Pg. 30 C.4.2.12 “ 4.e “ What is meant by ścategorize the NUSF ť? Answer: VA space plans are divided into various categories of NUSF, ie, primary care, audiology, waiting areas, etc. The contractor must ensure that each element has the required amount of NUSF. 29.Question: Pg 16 - Will the VA broker be allowed to share commissions with seller ™s broker for site selection and negotiating land acquisition (via an assignable option) in a two-step process? Answer: At this time there is no mechanism for our brokers to share commissions for the land acquisition portion of the two-step lease process. Since the land cost is part of the total rental rate, a portion of the overall lease commission can be attributed to the land value. 30.Question: Pg. 45 G2.2 vs. Pg. 82 l.40 52.233-3 “ Please clarify śwork terminated for the convenience of the Government ť. It seems that in some instances VA will pay the contractor for work performed on a cancelled T.O. and in others it will not. Answer: If VA terminates a task order for a commission-based procurement, it will not reimburse the Contractor for any costs associated with that task order. If VA terminates a fee-based task order, some costs may be reimbursed, depending on the circumstance and the language of the individual task order.. 31.Question: Will VA pay for work performed where no commission is available? Answer: VA will only pay for services performed provided there is a fee-based task order in place. Small Business: 32.Question: Pg 114 - Factor 2 “ Will small business be expected to meet the 150 leases per year and 30-50 state requirement? It is unlikely that a śsmall business ť would have that many leases in that many states in a year. Answer: Factor 2 is a Past Performance evaluation criteria and businesses that fall in this category could potentially receive the highest score for this evaluation factor. ( ś Those Offerors who can demonstrate that they performed post-award (after lease execution) services such as monitoring construction of tenant improvements and other such services required by a client for occupancy will be considered more favorably. The proposal will be evaluated to determine if an Offeror has performed at least 150 annual real estate transactions in at least 30 of the 50 States in both major metropolitan and rural areas within the last three years ť). 33.Question: Pg.10 “ Please clarify the contract size: page 10 indicates $15M; later on page 106, $20M is indicated. Answer: Total contract value is 15 Million Software: 34.Question: Pg 40 “ What software version will be expected for this new contract, Office 2007 and Windows 7? For firms gearing up for a five year engagement, matching software to the VA system is important. Answer: VA currently uses Microsoft Office 2007. Document Retention: 35.Question: Pg. 18 - C.4.1.9 and page 61 (f) - What is VA ™s record retention policy? Should records be held for a brief time in case of inquiries or three years as indicated on page 61? Answer: Section C.4.1.9 refers to the disposition of lease file records while section I.13. 52.215-2 refers to company records. Three years after final payment as set forth in Section 1.13 Administrative: 36.Question: Pg. 97 - What is final date for submittal of questions and when will answered be provided? Answer: June 4, 2010 37.Question: Pg. 53 I.1.52.202-1 “ the word śwork ť appears it should be śword ť? Answer: Yes, it should be śword ť 38.Question: Pg. 88 K.1 52.203-2)(a) (3) spacing “ ornot ™. Answer: Should read, śor not ť 39.Questions: Can the VA please verify the estimated contract value per firm? Page 10 states "the VA shall not place individual task orders in excess of $2,000,000 and a maximum of $15 Million over the life of the contract. Page 106 states "The estimated contract value based on potential commissions is $20 Million including the base year an all years." We understand that these two different numbers may be explained by whether landlord commissions are included in the value addition to the fixed hourly prices, but any further clarification by VA would be appreciated. Answer: Total value of the contract including options years is 15 Million 40.Questions: In the presolicitation notice, the VA indicated that that it may award this contract to up to 3 small businesses and 3 large businesses. The RFP only makes reference to the 3 small business awards. Has VA's intent for the allocation of multiple awards changed in any way, since the presolicitation notice? Answer: VA plans to make multi-awards contracts to small and large businesses with a minimum of (3) three awards to small businesses. 41.Question: Is it possible that the VA will use this contract to assist with disposition services or other types of real estate consulting services that are not specifically described in the Statement of Work? Answer: VA intends to utilize this contract for the acquisition and disposal of land interests. The contract will be amended to include such language.. 42.Question: Can the VA provide any information indicating the pipeline of potential deals, such as an estimated number and type of transaction or facility by year, or a list of potential transactions? Or an estimate for the number of transactions that a contractor should plan to manage simultaneously? Answer: This contract does not have a garantteed mimium requirement. However, the contractor should anticipate managing at least 2 transactions simultaneously. 43.Question: Can the awardee self-perform appraisal services, or would the VA prefer that the awardee obtain the 3 bids from third party firms? Answer: Obtain the 3 bids from third party firms 44.Question: Will the VA pay for the services described in C.5.9, Other Real Property Transactions? Please clarify if the pricing for this work should be addressed in the bidder's pricing proposal. Answer: Yes, in accordance with the contract. Services under C.5.9 may be paid for on a commission or fee base as determined on a case-by-case basis. Please provide costs for fee-based transactions 45. Question: What services are to be provided by the awardee in C.5.9.3, Post Award Services? Answer: This section is being rewritten to incorporate post award construction management services. Standard Post Award services are outlined in C.4.2.12. 46.Question: Under Section C.4.2.8, will the VA consider having the awardee serve on the Technical Evaluation Team? Answer: No. 47. Question: Under C.4.2.8.3.f (page 27), can the VA provide additional information about the services the awardee should provide the VA regarding "Analysis of Funded Maintenance Account Submission?" Answer: Among the documents submitted by potential developers is a Funded Maintenance Account. One of the Contractor ™s evaluation roles will be to review those submissions and comment on their price reasonableness and timelines. This will be explained in greater detail post-award. 48.Question: Please confirm that section C.9.2.4.a is intentionally left blank. Answer: Insert the following: C.9.2.4Compliance with Subcontracting Plans If subcontracting plans are required of Contractors bidding for this contract, they will be reviewed by the PCO to determine if the Contractor is making a śgood faith ť effort to comply with the approved plan. In accordance with FAR Clause 52.219-1, Liquidated Damages Subcontracting Plans, failure to make a śgood faith ť effort to comply with subcontracting plans may result in liquidated damages or other remedies available in the contract. Subcontracting plans are based on estimated commissions (revenues). Plans will be monitored based on actual revenues to see if the percentages proposed in the plan for subcontracting to the designated categories have been met. 49. Question: According to Section H.2.7, Personnel Qualifications, please clarify whether the VA is requesting resumes only for one project manager and one alternate? Or should the bidders submit additional resumes for leasing personnel or consultants? Answer: Section H.2.7.2 requires the submission of resumes for the national Project Manager and an alternate at a minimum. The Offeror should submit as many resumes as is required to respond to all the technical factors. 50.Question: Regarding Section H.3, Restrictions on Other Work, is it permissible for personnel providing lease acquisition services to the VA under this contract to simultaneously perform lease acquisitions services to other clients, including for example the GSA under the GSA National Broker Contract? Can the VA please clarify the intent of SectionH.3?. Answer: Yes, the Offeror can perform lease acquisition services for other agencies, but no services under the VA contract for other agencies. 51.Question: Please clarify the correct solicitation number. Solicitation No. VA-101-10-RP-0084 is listed on the Cover page and on page 96 VA-101-09-RI-0209 is referenced. Answer: The correct Solicitation No. is VA-101-10-RP-0084 52.Question: In evaluating qualifications associated with Factor 2 Experience / Past Performance for an Offeror that consists of a prime and proposed subcontractors, will the VA only evaluate the experience of the prime contractor? Will subcontractor experience be accepted? If subcontractor experience is accepted, will it be evaluated with the same weight as prime contractor experience? Would VA evaluate the qualifications of the non-prime firms, if the Offeror included a teaming agreement? Would the VA evaluate the qualifications of the entire team of firms, if they submitted as a joint venture? Answer: VA will evaluate each proposal in accordance with criteria set forth in the solicitation. The corporate entity and individual personnel will be evaluated. 53.Question: It is unclear from Section L.6.4 of the RFP as to whether the 6 copies of the Technical Proposal required for submission are all electronic copies or hard copies. Please confirm the quantity of hard copies of the technical and price proposal for submission from the RFP and the number of electronic copies required as well? Answer: All submissions are to be in electronic format. Six (6) copies of technical proposal and one price proposal. No hard copies. 54.Question: Exhibit 11 to the RFP provides a very general list of existing VA facilities. Unfortunately, it does not provide sufficient detail to allow for a determination of potential quantity of work from which to assess resource requirements and revenue potential from this RFP. Will the VA make available a full list of existing lease locations, include size, term and rental rates, to be included for delivery under the contracts to be awarded from this RFP so that a full assessment of the requirements can be completed? Answer: Past VA Budgets can be researched to track the history of major projects. Project listed in the Budgets are not the only projects procured by Real Property Service. Real Property Service primarily procures build-to-suit leases over 20,000 NUSF for 15 to 20 year terms. Of the 1,700 leases in the VA system, approximately 150 are Real Property Service procurements 55.Question: Section K of the RFP requires the submission of the bidders Representations and Certifications. If a bidder is registered on the Government ™s On-line Reps and Certs Application, do they still need to complete the form included with the RFP? Answer: Yes. Print and submit with your proposal.. 56.Question: Section C.4.2.12 of the RFP outlines the specific tasks required from the Contractor for Post Award Services. The scope of work for these services does not provide any indication of the Contractor being involved in the review of design intent or construction drawings nor in the evaluation and negotiation of tenant improvement bids. Please confirm that the Contractor will not be involved in the completion of these activities as part of the scope required for Post Award Services under this contract? Answer: The Contractor is expected to perform the services outlined in C.4.2.12 as part of their commission. Any additional services will be contracted for by separate, fee-based, task order. Question: The RFP states VA estimates the total contract value over 5 years will not exceed $15 million. Does this mean VA predicts the aggregate value of all contracts will not exceed $15 million or the aggregate value of each contract will not exceed $15 million? Answer: The total value for each contract including all options is 15 million. 57.Question: Section C.5.9.3, appears to not be complete. Answer: This section is being rewritten to incorporate post award construction management services. Standard Post Award services are outlined in C.4.2.12. 58.Question: Section D.4 requires the contractor to encrypt drawing files in accordance with VA computer security requirements. Can VA provide those requirements to potential offerors? Answer: No. The Government will provide those requirements after award if needed. 59.Question: What is the guaranteed minimum value, either annually or total, of this IDIQ contract? Answer: There is no guaranteed minimum value. Total maximum value is 15 million. 60.Question: Will lease acquisition and management services requested include acquisition of land options (or lesser interests) in addition to fee acquisitions? Answer: At this time there is no mechanism for our brokers to share commissions for the land acquisition portion of the two-step lease process. Since the land cost is part of the total rental rate, a portion of the overall lease commission can be attributed to the land value. 61.Question: How many incumbent contract holders are there currently? Who are they? Which ones are SDVOSBs or VOSBs? Answer: Four (4), one SDVOSB 62.Question: How many lease transactions does OCFM ™s Real Property Service expect to issue to the contractors over the term of the contract? Based on historic contract data, can VA provided potential offerors with the average annual total number and total dollar value of awarded task orders for all existing contracts combined? Answer: The Government cannot provide those estimates at this point. 63.Question: How many new prospectus level leases will plan request authorization for on average over the next 5 years? Answer: Prospectus level project information is determined by VHA and is embargoed until released in the annual budget submission. Past VA Budgets can be researched to track the history of major projects. Project listed in the Budgets are not the only projects procured by Real Property Service 64.Question: When does VA expect to begin issuing new task orders to the newly selected contractors? Answer: Upon award and training. 65.Question: Will VA provide potential offerors with the latest copy of VA Leasing Handbook for reference? Answer: The current draft handbook is under revision and will be provided post-award. 66.Question: Will VA provide potential offerors with the latest official copy of VA design Guide for leased Outpatient Clinics? Answer: The current Design Guide can be found at: http://www.cfm.va.gov/realproperty/. The site also has a list of upcoming contracting opportunities. 67.Question: As published in VA ™s current Capital Asset Plan, how many clinics and Health Care Centers does VA expect to lease over the next five years? Answer: The Government cannot provide that information at this point. 68.Question: How many śbelow prospective ť level leases does VA project over the next five years? Answer: Below Prospectus leases are developed at the VAMC/VISN level. At this time we do not have an accurate projection of the number of project over the next five years. We do not currently anticipate a decrease in projects. 69. Question: Does VA plan to make a copy of the existing contract available to potential offerors? Answer: No 70.Question: For proposal development purposes, does VA plan to release to potential offerors the current inventory (as required under Executive Order 13327 and contained in VA ™s Capital Asset Management System (CAMS)) of leases? Answer: The Government cannot provide that information at this point. 71.Question: Does VA expect to issue new task orders for the lease authorized in FY 2010 and requested for authorization in FY 2011 exclusively to the newly awarded contractors, or to the current (outside this contract) contract holder(s), or a combination of both? Answer: VA issues task orders for FY10 projects as the users are ready to begin the projects. If any remain after the new contract is awarded, task orders will be awarded to the new group of Contractors. The projects listed in the FY11 Budget will not be assigned until authorized by Congress and the users are ready to begin. All of those task orders will be awarded under the new contract. 72.Question: How many task orders has VA terminated under the existing contract over the last 5 years? Answer: Two task orders 73.Question: What is VA ™s average timeframe from approval of lease authorization to award? To occupancy? Answer: VA ™s standard two-step lease procurement process takes approximately 13 to 16 months from initial advertisement to award. Design and construction takes approximately 18 to 24 months from award. One-step leases and leases for existing space could take less time, but are infrequent. 74.Question: What is VA ™s average timeframe between lease award and occupancy? Answer: From lease award to occupancy is approximately 18 to 24 months. Existing space may be less. 75.Question: What percentage of task orders under the existing contract over the last 5 years resulting in the contractor not receiving a commission for the owner/landlord? Answer: Two tasks orders. 76.Question: Please clarify what authority or official within VA will determine which appraisal standard (or section) should be followed should the contractor or its subcontract appraiser identify a conflict between the DOJ ™s Uniformed Appraisal Standards for Federal Land Acquisitions (the so-called Yellow Book) and the current commercially accepted Uniform Standards for Professional Appraisal Practice (USPAP)? Answer: Contracting Officer 77.Question: Will VA require the contractor ™s computer systems or networks to have interconnectivity with VA systems or data bases (e.g., Capital Asset Management System) which are currently within VA secured systems or śfirewalls ť? Answer: No. 78.Question: What percentage of VA leases are expanded or extended annually? Answer: RPS leases are for 15 to 20 year term. Those leases with a 15 year term may have a 5 year option to extend but the extensions would be exercised by the Administrative Contracting Officer at the local facility. Task Orders may include the need to extend a current lease by a year or two in order to provide sufficient time to procure and occupy the new space. This would be in conjunction with a task order to procure a new lease. 79.Question: How many VA leases are currently in śholdover ť status? Answer: None at this point. 80.Question: What is the annual median number of VA leases extended or expanded with the landlord at lease expiration? Answer: There may be as many as five leases requiring short term extensions at lease expiration in order to provide sufficient time to complete the new space. Leases are never expanded at expiration. 81. Question: What is the median lease śfirm ť term of VA leases? Answer: Most Real Property procurements have a 20 year firm term. Occasionally there will be a 15 year firm term with a 5 year renewal option. 82.Question: Section C.5 asserts the VA will not compensate a contractor for assisting VA with disputes which may arise over the term of a VA tenancy. Assuming the majority of VA leases are for at least a 10 year term, how does VA propose to limit the contractor to unforeseen and therefore unpredictable time and expenses associated with VA ™s contract dispute resolution needs and statutory and regulatory requirements? Answer: Assisting VA with disputes and regulatory requirements is within the scope of the task order. 83.Question: In light of OCFM ™s current plan to deliver design and construction services on a regional basis, does OCFM plan on pushing out lease management services to its regional delivery hubs over the term of this contract? Answer: Once a building is accepted for occupancy, lease management is delegated to an Administrative Contracting Officer at the local level. This will not change. There will be regionalization of the current procurement staff, but the details are not yet developed 84.Question: Please confirm the deadline for hand delivered proposals “ is it 4:00 PM as stated on the Standard Form (SF)-33, or 4:30 PM as stated in Section L.6.1? Answer: The due date for offers have been extended to 4:00pm EDT, Monday 14, 2010. 85.Question: We understand that a minimum of three (3) small business contractors will be selected for this IDIQ contract. Can VA please clarify the following issues? a) Is there a maximum number of small businesses that will be selected? b) Is there a minimum number of large businesses anticipated for this contract? c) Is there a maximum number of large businesses anticipated for this contract? d) Will there still be a small business set aside NBC IDIQ contract, or will this IDIQ contract “ with the requirement for at least three small businesses “ replace that requirement originally announced under a sources sought notice (VA-101-09-RI-0209)? Answer: VA intends to make multi-awards of firm-fixed price, indefinite delivery, indefinite quantity (IDIQ) contracts to small and large businesses with a minimum of (3) three awards to small businesses, with a base year and four one-year option periods. There is no maximum on the number of small businesses selected and no limits on the number of large businesses selected. 86.Question: Section B.2.1, Page 10 “ In the first paragraph, is the $15 million amount cited the maximum for a Contractor ™s total contract value or the total of all awardees ™ contract value? Solicitation Provisions on page 106 state that the estimated contract value based on potential commissions is $20 million including the base year and all options years. Please clarify. Answer: The total contract value for each contract is 15 million. 87.Question: Section B.2.2, Pages 10-11 “ Did VA mean to call the first labor category in each year, śPartner/Principal ť? Answer: Yes 88.Question: Sec. B.2.2, Page 10- Please clarify what is meant by ś(Subcontractor rates are proposed separately) ť in the fourth paragraph? For example, if an offeror anticipates proposing a subcontractor ™s personnel as a śReal Estate Specialist ť, should the Hourly Rate be identified anywhere other than in the Schedule provided? Answer: If you are planning to use subcontractor, please provide a separate table for those rates. One table should represent the rates for those functions provided in-house and another table should be used for those functions that are contracted out. 89.Question: 2) Section C.4.1.1, Page 17 “ Would VA consider providing five working days to provide the conflict of interest and non-disclosure statement, similar to the timelines proposed for the upcoming GSA National Broker Contract? Answer: No. 90.Question: Section C.4.2.12, - "Post Award Services", Par. 3. will VA provide additional detail on the scope of services to be provided in post award, including specific roles and responsibilities? Answer: All the duties listed in this section are the responsibility of the Contractor. 91. Question: Section C.7, pages-37, All the duties listed in this section are the responsibility of the Contractor. n C.4.2.12, - Please clarify the last part of paragraph 3, where the RFP states "providing overall construction of management of the project". Answer: This paragraph will be changed. 92.Question: Section C.7, Pages 36-37 “ Can VA confirm that the Market Data requested under this section would be related to work performed under this IDIQ contract. Answer. VA may request Market Data under this contract for the purposes of planning, negotiations and for other real estates actions. 93.Question: Section G.1.3., Pages 44-45 - Please clarify that śLPM ť as used is synonymous with śPM ť in section G.1.4 PROJECT MANAGER (PM)? Answer: Yes 94.Question: Section G.2.3, Pages 45-46 “ Can VA please confirm the submission dates for Small Business Subcontracting Reports? Specifically, why are the dates included in this section different then those normally required by other agencies, and as provided in Exhibit 7 (Page 151)? For example, the SF 294/295 reports filed through eSRS generally cover the periods from October 1 through March 31 and April 1 through September 30 as well as for the entire year, and those reports are due by April 30 and October 31, respectively to the agency and to the Small Business Administration. Answer: Follow the requirements in the solicitation. 95.Question: Section H.2.7.1, Page 48 “ May offerors provide resumes for proposed Leasing Personnel and Consultants as an appendix in our Technical Proposal? Answer: Offerors may submit as many resumes as deemed necessary to illustrate their competencies under the technical requirements. Please be aware of the page limitations. 96.Question: Section L.6, Page 96 “ Can VA please confirm the correct RFP number for this solicitation is VA-101-10-RP-0084 and not VA-101-09-RI-0209 as stated in this section? Answer: VA-101-10-RP-0084 97. Section L.6.4, Page 97 “ Section L.6.4, Page 97 “ Can VA please confirm the proposal submission requirements include one copy of the price proposal and six copies of technical proposal on compact disc. We do not see that any hard copies are requested for the offer. Does VA plan to request hard copies? If yes, when? Answer: All submissions are in electronic format. One copy of the price proposal and six copies of technical proposal on compact disc. No hard copies. 98.Section L.6.4, Page 97 “ Can VA please confirm the information that we are required to submit with our Volume One “ Price Proposal. For example, is this where we should put our completed SF-33 and Section K, Representations and Certifications along with the Section B.2.2 pricing worksheets? Answer: Yes. 99.Question: QuestionSec. L.6.4, Page 97 - Please clarify the statement that śOffers shall be śproperly signed, initialed. ¦Please elaborate on the documents to be initialed, if any, as part of proposals. Answer: Each page of the contract document should be initialed as an indication of acceptance of all included terms. 100.Question: Section L.7, Subfactor 1(c)(6) “ Can VA please confirm that the reference to the Organizational Conflict of Interest was meant to read H.4 and not H.5? Answer: Yes, Section H.4 is the correct reference. 101.Question: Section L.7, Factor 2, Experience/Past Performance and Subfactor 2(a), Page 101 “ Can VA please explain how and why evaluation of śindividual ť personnel, rather than the corporate entity, will be considered on a Nationwide Real Estate Broker Services contract? Answer: The evaluation criteria indicates that VA will evaluate both corporate entity and individual personnel. 102.Question: Section L.7, Factor 2 Experience/Past Performance and Subfactor 2(a), Page 102 “ Can VA please explain the reference included just above Subfactor 2(b) to meeting the standards of Subfactors 2(a) 3 through 2(d). It appears that this section only includes Subfactor 2(a) and 2(b). This same reference appears in Section M.3, on page 115. Answer: There are only two subfators in part 2.. The references should read Subfactor 2(a) and 2(b). 103.Section L.7, Factor 3, Page 103 “ Are there any page limitations related to Subfactor 3(a) or Subfactor 3(b)? Answer: There are no stated page limitations for Subfactors 3(a) and 3 (b). 104.Section L.7, Subfactor 3(b), Page 103 “ When preparing a Small Business Plan, what should offerors assume for the total contract value? a) Should large businesses assume that their total contract value will be up to $15 million? b) Or is $15 million the value of all the contracts awarded under this IDIQ? c) If the latter, how many contractors should we assume will be awarded an IDIQ contract for the purposes of dividing this total amount over five years? Answer: Each awarded contract has a maximum total value of $15 Million. 105.Question: Section L.7, Subfactors 3(a) and 3(b), Page 103 “ Can VA please clarify the conflicting requirements included these two sections as well as the requirements included on Page 116 in Section M.3: Page 103 (3(a)): The Government believes there are significant subcontracting opportunities under the contract. While a minimum requirement is not established for subcontracting, large business concerns that propose less than 28.7% of the total contract value for subcontracting opportunities, may not be competitive. Page 103 (3(b)): There is no minimum requirement for SDB subcontracting; however, targets of less than 5% of the total contract value may not be competitive. For large business concerns, the targeted amount for SDB ™s is counted in the overall 28.7% goal under Subfactor (a). Page 116: All proposals, including those from small business concerns, will be evaluated for their commitment to subcontract with Small Disadvantaged Business Concerns. The targeted amount of the total contract value for small disadvantaged business will be evaluated against the Government ™s goal of at least five percent. This is a goal, not a mandatory requirement. However, a goal of less than five percent may not be competitive. Dollar target and types of services, including the complexity and variety of the work to be subcontracted, will be evaluated. Generally, on IDIQ contracts where there is a set aside for small businesses, the subcontracting goals for Large Business are calculated as a percentage of total śsubcontracted ť dollars, rather than total contracted dollars. a) Can the VA please confirm that large businesses should set a goal of subcontracting at least five percent of total contract dollars to small businesses? b) Consistent with the 9.a) above, can the VA please confirm that large businesses should subcontract at least 28.7 percent of all subcontracted dollars to small businesses, according to the goals set on page 116 for each type of small business? Answer: Answered in Question1. 106.Question: Section L.7, Factor 4, Page 104 “ Can VA please confirm what information should be provided to address the requirements of Factor 4 that has not already been included under Factor 3? Answer: A statement is all that is required for Factor 5. 107.Question: Section M.1, Page 112 “ Can VA please confirm/identify the śmandatory minimum requirements ť that offerors must meet to qualify to participation on this contract? Answer: The minimum requirements are set forth in Section H 1 of the solicitation. 108.Question: Section M.1, Page 112 “ Can VA provide the weighting for each evaluation criteria? Answer: Technical factors and subfactors are listed in decending order of importance. Weights will not be provided to the bidders. 109.Question: Section M.3, Subfactor 1(c), Page 113 “ The fourth paragraph references śKey personnel ť being available during normal business hours. Was this meant to be all śPersonnel ť to include proposed Leasing Personnel and Consultants as well? Answer: Yes. Key personnel would include those people actively working on a Task Order, regardless of whether they are consultants or employees. 110.Question: Section M.3, Subfactor 2(a), Page 115 “ Can VA please explain the reference included just above Subfactor 2(b) to meeting the standards of Subfactors 2(a) through 2(d). It appears that this section only includes Subfactor 2(a) and 2(b). This same reference appears in Section L.7, Subfactor 2,Experience/Past Performance and Subfactor 2(a) on Page 102. Answer: This should read Subfactors 2 (a) and 2 (b). 111.Question: H. Exhibits, Exhibit 3C, Page. 135, Line 3 - DUAL AGENCY DISCLOSURE STATEMENT. Identification of the śProperty Involved ť to all other interested parties would appear to violate Procurement regulations that prohibit divulging acquisition information about participation to other potential Offerors. Please clarify the VA ™s intent for the blank to be filled in by Contractors in the form. Answer: Exhibits are included as reference points. They are not intended to be completed as part of this procurement. 112.Question: Exhibit 11, Page 164 - No locations are identified for VISN 13 and 14 in Exhibit 11 and the VISN count in the Exhibit numbers 23. Section F.1. of the RFP states that there are 21 VISNs. Does the numbering in Ex 11 contain a typographical numbering error or are certain numbers (i.e. 13 and 14) not used? Answer: VA is divided into 21 VISN ™s. VISNS 13 and 14 were combined to create VISN 23.
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