Fbi F&D
Fbi F&D
Fbi F&D
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RFP Language on Government’s Rights
Section B.3.4 states “The Government will not bear any expenses associated with the
Offeror’s preparation of their proposals.”
Section C.2.1 states “The Government reserves the right to reject all proposals if doing
so is determined to be in the best interest of the Government.”
Section C.2.2 states “Any proposal, including an initial proposal, that offers a value for
the JEH Credit that the Government, in its sole discretion, does not consider to be fair
and reasonable, may result in the entirety of the offeror’s proposal being rejected
without further consideration.”
Section D.1.e.2 states “The Government may reject any or all proposals if such action is
in the Government’s interest.”
Section B.3.1 states “Award of the Contract shall be subject to the availability of
appropriated funds, and the Government shall incur no obligation under this RFP in
advance of such time as funds are made available or appropriate funding authority is
made available to the Contracting Officer for the purpose of Contract award.”
R: The contractor may recover for compensable delays through the equitable
adjustment process.
1
appropriations to cover such costs? What if they are not obtained? Will the Government
commit to using best efforts to obtain necessary appropriations?
R: (i) Government caused delays, without any developer concurrent delays, shall be
resolved at time of impact per the terms of the contract and time extensions would not
subject the Developer to LDs. Subject to a pending amendment, the Bid sheet will
identify a bid cost for delays for three periods over the contract duration as follows: 1)
Design phase; 2) construction phase; 3) Post substantial completion. Equitable
adjustments of the JEH value are not anticipated.
(ii) The Contract is subject to availability of funds and bound by the Antideficiency Act;
limited notices to proceed will be issued for funds available. The Government has no
requirement to issue NTP prior to funding. Failure of Congress to appropriate funds is
not anticipated to constitute Government delay. The contracting officer would not issue
a partial notice to proceed unless such NTP was in accordance with the DBEA.
(iii) Design reviews by the government are identified in the RFP. Design submission
requirements are identified on P-100 and the Developer shall provide their design
quality review program to address their quality control measure to mitigate design
deficiencies with each submission. The developer may elect to hold on-board reviews or
presentations of each submission with the reviewers to minimize time for large or
complex design submissions. If Developer requests and the CO approves a fast track
design, the design review performance periods shall be scheduled to avoid federal
holidays and overlapping review periods for submissions. The Government intends to
review and approve design deliverables in accordance with the DBEA.
2
Specific Developer Final Proposal Revision Language
Peterson's proposal states..."Another area in which we will need to closely coordinate
with the Government is regarding funding. The fast track approach assumes funding is
available to support the start of construction activities. In an effort to support this our
team will prepare an anticipated cash flow analysis based upon our schedule for
Government review and coordination. Adjustments may need to be made to the
schedule to ensure that fiscal year appropriations match anticipated cash flow needs,
particularly with the complex nature of the transactions associated with this project."
FCDP's proposal states..."We heeded the comments about schedule and worked hard
with the design and construction teams to take a year off of the schedule. This was
primarily accomplished by finding ways to overlap the design and construction
schedules and to start design earlier."
3
Folder: GSA-2017-001369-Pull2_mary.gibert@gsa.gov_0
Michael,
The FBI F&D has been executed. Attached for your reference.
Thanks,
-Aaron
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Page #1
Folder: GSA-2017-001369-Pull2_mary.gibert@gsa.gov_0
Per Michael's direction, I am sending you the FBI Headquarters Consolidation Project: Evaluation of
Exchange Impacts documents for your review and comment. Please let me know if you have any
questions. We look forward to your feedback.
Thanks,
-Aaron
Attached files:
(b)(5)
(b)(5)
--
Page #1
FBI Headquarters Consolidation Procurement: Executive Questions & Responses
Question # 1: Site Selection within Current Procurement Format (Could a site be selected and then request
BAFO's from developers on a single site?)
Response #1: A change of this magnitude would be quite complicated, would require significant rework
and an amendment to the RFP. A large change such as this could greatly increase the risk of protest. The
CO was consulted, and her determination was that this change could be substantial enough to require
cancellation per FAR 15.206 (e).
FAR § 15.206(e): If, in the judgment of the contracting officer, based on market research or otherwise, an
amendment proposed for issuance after offers have been received is so substantial as to exceed what
prospective offerors reasonably could have anticipated, so that additional sources likely would have
submitted offers had the substance of the amendment been known to them, the contracting officer shall
cancel the original solicitation and issue a new one, regardless of the stage of the acquisition.
Question #2: Would Significantly Reducing the Scope/Cost of the New Facility Increase Competition?
Response #2: The scope of the FBI Program of Requirements (POR) is driven by the FBI’s mission and
composed of FBI personnel and square footage requirements. While the program will undergo robust
value engineering for the ultimately selected site during the design phase, a straight scope reduction prior
to award is not value engineering. An across the board scope reduction of personnel and/or square footage
during the ongoing procurement would be subject to FAR § 15.206(e). Generally, changes of this nature are
limited to a maximum of approximately 10% (b)(5) . A reduction of this magnitude would likely
necessitate a full review and revision to the FBI’s POR.
The exchange and the financial qualifications to be considered under the exchange will remain to be
significant factors for competing teams. If scope was reduced but most of the other parameters stayed in
place some of the teams that didn't make the original short list may become viable competitors. However,
any reevaluation of shortlisted teams would initiate a re-procurement. Initially we had ( development
b
teams and short listed(b With a smaller scope there may be an uptick in competition at the GC/AE
) )
subcontract level (again only if re-procured), but this would still be a very large effort even
( if the scope
(5
were cut in half. The CO) was consulted, and referenced FAR 15.206 (e). Additional specific 5 information
would be required to make a determination on the impact of such a change on the procurement.)
Question #3: Is JEH Sale/Lease Back Approach Executable within the Current Procurement?
Response #3: A JEH Sale/Lease back does not fit into the current procurement, cancellation would likely be
required.
PBS P 4065.1 Page 8: Title to the GSA property cannot be conveyed to the PSEO until the services required to
be delivered under the exchange agreement are completed and accepted by GSA. Page 9: c. The exchange of
GSA’s property will only occur after the PSEO completes the required construction services to the satisfaction
of GSA. Note: Page 3: This guidance is for Section 412 exchanges, no such guidance exists for Section 581
exchanges.
FYI -
Mary
Available to discuss.
Mary
Mary,
Thanks,
-Aaron
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Page #1
Folder: GSA-2017-001369-Pull2_mary.gibert@gsa.gov_0
--
Mary D. Gibert
PBS Regional Commissioner, National Capital Region (NCR)
General Services Administration
301 7th St, SW
Room 1075
Washington DC 20407
202-690-9201 (central line)
(b)(6)
--
Mary D. Gibert
PBS Regional Commissioner, National Capital Region (NCR)
General Services Administration
301 7th St, SW
Room 1075
Washington DC 20407
202-690-9201 (central line)
(b)(6)
Page #2
FEDERAL BUREAU OF INVESTIGATION HEADQUARTERS CONSOLIDATION PROJECT
FACT SHEET AND RECOMMENDATION
Recommendation
The Public Buildings Service (PBS) seeks full funding for the FBI Headquarters Consolidation Project. Requested
Fiscal Year (FY) 2017 funding includes $759 million for GSA and $646 million for Department of Justice – Federal
Bureau of Investigation (FBI). GSA and FBI received a combined $255 million in project funds in FY 2016. PBS also
recommends not proceeding with the preferred Site and Offer Identification (March 10th Milestone) until
Congress approves both the GSA and FBI FY 2017 appropriation requests.
Timeline
December 19, 2014 – GSA issues RFP-Phase I for evaluation of interested offeror team qualifications. This phase of
the project seeks to verify that each offeror has the technical and financial capabilities to develop, design,
construct and deliver the new FBI facility. The Government vets interested parties and selects a short-list of
developer teams to compete in Phase II.
FY 2016 Budget – GSA receives $75 million and FBI receives $180 million in funds for the project.
January 22, 2016 – GSA issues RFP-Phase II for short-listed offerors to submit proposals on any or all of the three
predetermined sites (Greenbelt (MD), Landover (MD), and Springfield (VA); identified by GSA on July 28, 2014).
FY 2017 Budget – GSA requests $759 million and FBI requests $646 million to support the FBI consolidation
project. Funding is for the construction of a new 2.1 million square foot, federally owned facility on one of the
three identified sites. The facility will bring together FBI operations from the J. Edgar Hoover building and 13
leased locations in a new, modern and secure facility tailored to fully support FBI’s national security, intelligence
and law enforcement missions.
December 9, 2016 – Congress passes Continuing Resolution through April 28, 2017. The resolution does not
address GSA’s or FBI’s FY 2017 requests.
January 6, 2017 – GSA receives final proposals from the offerors. The proposals are currently under review with
technical evaluations nearing completion. GSA is developing a draft of the final source selection report.
March 10, 2017 – GSA has publicly identified March 10th as the date for the Government’s announcement of the
tentative selected Site and Offeror.
April 28, 2017 – GSA has internally identified April 28 as the award date for this contract.
Issue
The FBI Headquarters Consolidation Project has a combined $1.405 billion of requested FY 2017 appropriations.
Existing Executive Branch messaging to Congress has been that without full funding the project cannot proceed.
The March 10th Site and Offeror Identification milestone is an important date for the project in that it will identify
which location and by which offeror the FBI headquarters will be built. Not only will it identify the selected site, it
will identify the unselected sites. With both Maryland and Virginia Congressional delegations aggressively pursuing
this opportunity, the Site and Offeror announcement is a pivotal project milestone.
02212017
Page 1 of 2
FEDERAL BUREAU OF INVESTIGATION HEADQUARTERS CONSOLIDATION PROJECT
FACT SHEET AND RECOMMENDATION
Making such a significant announcement, as the selection of the preferred Site and Offeror, without full funding
secured, is not in the best interest of the project. Doing so, will subject the project to an extended period of
scrutiny and possible protest, during a time when the disposition of the project funding is uncertain and able to be
influenced.
Delay of the preferred Site and Offeror announcement will impact the schedule. The ultimate award date
(currently April 28, 2017) is directly dependent upon the identification milestone due to the linkage of the
procurement and the regulatory time frames of the National Environmental Policy Act.
The award will be delayed at a day-for-day rate until the preferred Site and Offeror are identified. In addition, GSA
will not be able to begin the award process until the FY 2017 funding question is resolved.
02212017
Page 2 of 2
Folder: GSA-2017-001369-Pull2_tim.horne@gsa.gov_0
Thank you,
Ei tanS. N af t al i
A ct i ngC hi ef o f Staf f ,PB S
U .S.General Serv icesA dm i ni st rat i on
((b)(6)
Please open the attached document. It was scanned and sent to you using a Xerox
Multifunction Printer.
Multifunction Printer Location: Room 6231 - CO, Washington DC, 1800 Fst. NW
Device Name: ICOH2P-6231-XERX7885
For more information on Xerox products and solutions, please visit http://www.xerox.com
Page #1
For Official Use Only
Talking Points
• Thank you for coming. GSA and FBI endeavor to keep you up to date on the progress and
procurement process.
• GSA and FBI reaffirm that the need for a Headquarters facility that meets the FBI mission
needs, consolidates personnel dispersed across the National Capital Region, and
addresses security requirements has not diminished.
• As you know, GSA and FBI are engaged in a procurement seeking an Exchange Partner to
develop, design, construct, deliver, operate and maintain a consolidated headquarters
facility of up to 2.1 million rentable square feet for the FBI in the National Capital Region. In
exchange the developer would receive approximately $1.4 billion, and the J. Edgar Hoover
(JEH) building and site.
• The combined Executive branch (GSA, FBI, OMB) position with Congress has always been
full funding was crucial for the Government to make an award.
• The FY 2017 budget request included $1.4 billion for a new FBI Headquarters consolidation;
however the funds appropriated leave an $882 million gap. The FY 2017 appropriation
(provided in May 2017) only included $523 million ($323 million for FBI and $200 million for
GSA), bringing the current appropriated amount for this project to $703 million.
• In addition, Developers valuing JEH in an exchange that will occur in 7+ years in the future
had to consider additional risk factors over a longer than normal period of time compared to
a traditional asset disposal. Moreover, uncertainty regarding future project funding creates
additional downward pressure on JEH value while, at the same time, creating upward
pressure on construction cost.
• Based on a review of current project status, GSA and FBI believe it necessary to cancel the
current procurement. Moving forward with this procurement absent full funding puts the
Government at risk for cost escalations and likely further devaluation of JEH.
•
• GSA and FBI will work to develop an alternative procurement approach that will eliminate
the risks associated with the current procurement structure, reduce overall project costs, and
position the Government to maximize JEH disposal value when that facility is ready to be
vacated.
• Hill notification will occur the week of July 10. This requires GSA to notify the bidders that
the procurement has been cancelled prior to or concurrently with Hill notifications.
Page 1 of 1
Folder: GSA-2017-001369-Pull2_mary.gibert@gsa.gov_0
All,
Thanks,
-Aaron
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Page #1
Folder: GSA-2017-001369-Pull2_tim.horne@gsa.gov_0
Tony Costa
Acting Deputy Administrator
U.S. General Services Administration
202.501.0800 - main
(b)(6)
P le a s es e n d u s the draft C ong re s s ionasl taff ema il a nd the e mploye e ema il a s well a s the draft p re s s
re le a s ea s s oon a s pos s ible (b)(5) .
Page #1