ࡱ> SUR` 0bjbj .F(a8$,P$X'(" &&&&&&&$D(h*L&&'|&&:$,w%t 5|% &('0X'%%R**w%*w%`&&?X' d  1.15 BROKER COMMISSION AND COMMISSION CREDIT (JUL 2006) For the purposes of this SFO, __________(the Broker) is the authorized real estate broker representing GSA. A GSA Contracting Officer must review, approve, and execute the Lease. The government expects the Lessor to pay a commission to the Broker. By submitting an offer, the Lessor agrees that if the Lessor is paying a commission or fee in connection with this lease transaction to a listing agent, an offering agent, or broker, property manager, developer, or any other agent or representative, then the Lessor will pay a commission to the Broker that it normally would be entitled to pursuant to local business practices, as evidenced through a brokerage agreement between the Lessor and the Broker. The commission will be based on a lease term not to exceed the firm term of the lease contract. Commissions will not be negotiated or collected on option periods or for lease terms beyond the firm term of the lease. The Lessor agrees that the commission to be paid to the Broker shall be paid not later than the Lease Commencement date as defined in the Construction Schedule of Tenant Improvements paragraph in the MISCELLANEOUS section of this SFO. As part of the offer, the offeror shall disclose any and all commissions and/or fees to be paid by the Lessor including both the Lessors agent(s), broker(s), property manager, developer or any other agent or representative and the Broker. Paragraphs B & C are not applicable to expedited lease transactions as defined by the National Broker Contract. For the benefit of the Government, the Broker has agreed to forego ____ percent of the commission that it is entitled to receive in connection with this lease transaction. The resulting total dollar value of the foregone commission (the Commission Credit) shall be applied in equal monthly amounts against shell rental payments due and owing under the Lease. The rental amount payable shall be reduced by the Commission Credit at the commencement of the Lease, over the minimum number of months that will not exceed the monthly shell rental, until the Commission Credit has been fully recaptured. The parties agree to execute a Supplemental Lease Agreement setting forth the full nature, extent, terms, and conditions of commissions paid to the Broker and the Commission Credit to be applied against the Government's rental payment obligations under the Lease. For purposes of price evaluation, the Commission Credit shall be treated as a deduction from the rent in accordance with the Price Evaluation paragraph in the SUMMARY section of this SFO. The amount of the commission paid to GSA's Broker shall not be considered separately as part of this price evaluation since the value of the commission is subsumed in the gross rent rate. 1.10 HOW TO OFFER (SEP 2000) A. Offers shall be submitted to the Contracting Officer at: ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ B. The following documents, properly executed, shall be submitted no later than the close of business on the offer due date. 1. SFO. 2. SFO Attachments: a. Attachment #1 Rate Structure b. Attachment #2 __________ c. Attachment #3 __________ 3. GSA Form1364, Proposal to Lease Space. 4. GSA Form1217, Lessors Annual Cost Statement. Column A of the GSA Form 1217, Line 31(a) will be used to reflect any agreement between LESSOR AND the Lessor Representative agent(s), broker(s), property manager, developer, employee, or any other agent or representative (expressed in either % or $) and Line 31(b) will reflect the agreement between LESSOR AND the GSA Tenant Representative broker (expressed in either % or $). 5. GSA Form3517, General Clauses. 6. GSA Form3518, Representatives and Certifications. 7. First generation blueline plans of the space offered, scaled at 1/8"=1'0" (preferred) or larger. a. Photostatic copies are not acceptable. All architectural features of the space shall be accurately shown. If conversion or renovation of the building is planned, alterations to meet this SFO shall be indicated. If requested, more informative plans shall be provided within __________days. b. Plans shall reflect corridors in place or the proposed corridor pattern for both a typical full (singletenant) floor and/or partial (multitenant) floor. The corridors in place or proposed corridors shall meet local code requirements for issuance of occupancy permits. c. GSA will review the corridors in place and/or proposed corridor pattern to make sure that these achieve an acceptable level of safety as well as to ensure that these corridors provide public access to all essential building elements. The Offeror will be advised of any adjustments that are required to the corridors for the purpose of determining the ANSI/BOMA Office Area space. The required corridors may or may not be defined by ceilinghigh partitions. Actual corridors in the approved layout for the successful Offeror's space may differ from the corridors used in determining the ANSI/BOMA Office Area square footage for the lease award. 8. An hourly overtime rate for overtime use of heating and cooling. Refer to the "Overtime Usage" paragraph in the SERVICES, UTILITIES, MAINTENANCE section of this SFO. If proposed rate is different than recommended by an independent Government estimate, the Offeror may be required to submit worksheets justifying overtime energy usage and rates. 9. Any other information (such as a fact sheet, 5widex3high or larger color photograph, site plan, location map, and tax parcel map) in case of multiple tax parcels for an offered building, etc., in order for the Government to perform a complete and adequate analysis of the offered property. Such information may also be requested by the Government, and in such circumstances, shall be submitted by the Offeror within 5working days of the request. 10. Written acknowledgement and permission to represent other owners for the same SFO if a leasing agent or owners representative is presenting buildings for multiple ownership groups. 11. If applicable, the agents disclosure and authorization from each ownership entity to offer in this SFO and/or represent multiple buildings with different ownerships, which may have conflicting interests. Owners and agents in conflicting interest situations are advised to exercise due diligence with regard to ethics, independent pricing, and Government procurement integrity requirements. In such cases, the Government reserves the right to negotiate with the owner directly. 12. Documents supporting evidence of capability to perform. Refer to the "Evidence of Capability to Perform" paragraph in the MISCELLANEOUS section of this SFO. 13. Any Brokerage Commission Agreement between GSAs Tenant Representative and the Lessor for commissions identified in the GSA Form 1217 (July 94). C. Refer to GSA Form3516, Solicitation Provisions, for additional instructions. If additional information is needed, the Contracting Officer (or the Contracting Officers designated representative) should be contacted. There will be no public opening of offers, and all offers will be confidential until the lease has been awarded. However, the Government may release proposals outside the Government to a Governmentsupport contractor to assist in the evaluation of offers. Such Government contractors shall be required to protect the data from unauthorized disclosure. The Offeror who desires to maximize protection of information in the offer may apply the restriction notice to the offer as described in GSA Form3516, Solicitation Provision, 552.2701 (d), Restriction on Disclosure and Use of Data. IMPORTANT CLARIFICATIONS TO OFFER REQUIREMENTS: 1. Rate structure required from subparagraphB shall include the following: a. A lease rate per square foot for the building shell rental, fully serviced. It is the intent of the Government to lease a building shell with a Tenant Improvement Allowance. All improvements in the base building, lobbies, common areas, and core areas shall be provided by the Lessor, at the Lessors expense. This rate shall include, but not limited to, property financing (exclusive of Tenant Improvement), insurance, taxes, management, profit, etc., for the building. The building shell rental rate shall also include all basic building systems and common area buildout, including base building lobbies, common areas, and core areas, etc., exclusive of the ANSI/BOMA Office Area space offered as required in this SFO. b. The annual cost (per usable and rentable square foot) for the cost of services and utilities. This equals line27 of GSA Form1217, Lessors Annual Cost Statement, divided by the building size (shown on the top of both GSA Form1364, Proposal to Lease Space, and Form1217) for usable and rentable square feet respectively. c. An annualized percentage interest rate to be used by the Lessor to amortize the cost of the Tenant Improvement Allowance over the firm term of the lease. d. The annual amortized cost of the Tenant Improvement Allowance. Such amortization shall be expressed as a cost per usable and rentable square foot per year. Tenant Improvements shall be all alterations for the Governmentdemised area above the building shell buildout. The Tenant Alteration Allowance shall be __________per ANSI/BOMA Office Area square foot. Such alterations shall be described and identified in the drawings used to construct the Governmentdemised area. The Tenant Alteration Allowance, which is to be provided by the Lessor to the Government for Tenant Improvements, shall be made available at lease execution. e. A fullyserviced lease rate per usable and rentable square foot as a summation of the amounts broken out in the subparagraphsa, b, and d for the lease. f. A fullyserviced lease rate per usable and rentable square foot for that portion of the lease term extending beyond the firm term. The rate proposed for this portion of the term shall not reflect any Tenant Improvements as they will have been fully amortized over the firm term.     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