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HomeMy WebLinkAbout04582 - US GOVERNMENT FAA AIRPORT LEASE Page 1 of 1 Kathie Hart c J From: Jay Thompson `p s Sent: July 22, 2008 3:26 PM To: Kathie Hart Subject: FW: A4582 Lease with TSA Expires 09-30-2008 Kathie, please close the old lease effective 9/30 replaced by new agreement THANKS, Jay P\1 From: Janet Buck Sent: Tuesday, July 22, 2008 2:57 PM To: Jay Thompson Cc: Thomas Nolan Subject: Fw: A4582 Lease with TSA Expires 09-30-2008 Good Afternoon, The new five-year lease effective 10/01/08 was approved by City Council on 5/21/08. A5666. Thank you, lb From: Thomas Nolan Sent: Tuesday, July 22, 2008 2:54 PM To: Jay Thompson Cc: Janet Buck Subject: RE: A4582 Lease with TSA Expires 09-30-2008 Jay, Thank you. This has already been before Council and Janet will be providing you the pertinent information. tPN From: Jay Thompson Sent: Monday, July 21, 2008 2:38 PM To: Thomas Nolan Cc: David Ready Subject: A4582 Lease with TSA Expires 09-30-2008 Tom: Attached Lease with the U.S. for Airport Lease expires September 30, 2008 [per Supplemental No. 21. Will you be bring an Item to City Council in September for the to extend the current lease, or to enter into a new lease agreement. Please advise. THANKS, Jay, James Thompson, City Clerk City of Palm Springs, California TEL (760) 323-8204 07/22/08 ��b US General Services Admin t;1=1'iP=i? T t Airport Suppl Lease Suppl4ofA4582 C1171'OF PALrn SP'IiiHGS MO 7753 10-05-05 G,7)(27^s "r• "GENERAL SERVICES ADMINISTRATION' PUBLIC BUILDINGS SERVICE SUPPLEMENTAL DATE SUPPLEMENTAL LEASE AGREEMENT AGREEMENT All(tl i J 1GO�j 4 TO LEASE NO. GS-0913-01291 ADDRESS OF PREMISES Palm Springs International Airport 3400 East Tahquitz Canyon Way Palm Springs, CA 92262 THIS AGiREEMENT, made and entered into this date by and between The City of Palm Springs whose address is 3200 E.Tahquitz Canyon Palm Springs, CA 92262-6959 hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: Whereas, the parties hereto desire to amend the above Lease. Now,therefore, these parties for the consideration hereinafter mentioned convenant and agree that the said Lease is amended as follows: To establish Beneficial Occupancy for Blocks A and B. A. Space Footage: Effective May 12, 2006, the Government will release the following space to the Lessor: Block A: 140 rentable/usable square feet known as Check Point Office Block B: 572 rentable/usable square feet known as Art Gallery Office Block C: 1,080 rentable/usable square feet known as Break Room Effective May 12, 2006,the space shall be replaced with the following: Block A: 624 rentable/usable square feet consisting of Rooms 304&305 Block B: 1,213 rentable/usable square feet consisting of Rooms 402,403,404, 405,406, &407 The total square footage realigned is 1,837 rentable/usable square feet of which 45 rentable/usable square feet will be granted to the Government for use at no additional cost. The total square footage leased by the Government is 7,525 rentable/usable square feet of which 45 rentable/usable square feet will be provided to the Government for use at no additional cost. B. Rent—There will be no change to the annual rent. All other terms and conditions of the lease shall remain in force and effect. IN WITNESS WHEREOF, the parties subscribed their names as of the above date. LESSOR: The City of Palm Springs gym `z� �e �� DAVID H. READY, City Manager (Signature) (Title) City of Palm Springs I1TTl ESENCE OF(witnessed by:) 3200 E Tahquitz Canyon Way d APPROVED BY CITY COUNCIL Palm Springs, CA 92262 LbNfTED (Signature) 04"/0!l0LNA(I -' 10 Ot (Address) ATES OF AMERICA—GENERAL SERVICES ADMINISTRATION, Public Buildings Service�.�� / ��� Contracting,Officer. �;IiIture:) C (Official Title) GENERAL SERVICES ADMINISTRATION PUBLIC BUILDINGS SERVICE SUPPLEMENTAL DATE SUPPLEMENTAL LEASE AGREEMENT AGREEMENT NO.3 TO LEASE NO. GS-0913-01291 ADDRESS OF PREMISES Palm Springs International Airport 3400 East Tahquitz Canyon way Palm Springs,CA 92262 THIS AGREEMENT, made and entered into this date by and between the City of Palm Springs whose address is 3200 E.Tahquitz Canyon Palm Springs, CA 92262-6959 hereinafter called the Lessor,and the UNITED STATES OF AMERICA, hereinafter called the Government: WHEREAS,the parties hereto desire to amend the above Lease. NOW THEREFORE,these parties for the considerations hereinafter mentioned covenant and agree that the said Lease is amended August 11,2005, and effective upon the execution by the Contracting Officer. The government will relinquish Block A —140 RSF, Block B—572 RSF,and Block C—1080 RSF,upon the completion of the build out of the government's new space located at Rooms 304,305, and 401-407. The new space will be identified as Blocks A,B and C and is depicted in the attached Exhibits. There will be no change to the annual rent and all other terms and conditions of the lease shall remain in force and effect. Beneficial Occupancy of the new space will be addressed in a subsequent Supplemental Lease Agreement. Blocks to be relinquished: Block A: 140 Rentable/Usable Square Feet Block B: 572 Rentable/Usable Square Feet Block C: 1080 Rentable/Usable Square Feet Total Square Feet to be relinquished: 1792 RSF New Blocks: Block A: Rooms 304&305 - 624 Rentable/Usable Square Feet Block B: Rooms 402,403,404, and 405 - 888 Rentable/Usable Square Feet Block C: Rooms 406 and 407 - 325 Rentable/Usable Square Feet Total Square Feet of new space: 1837 RSF The additional 45 RSF will be provided to the government for use at no additional cost until the expiration of this lease term. I IN WITNESS WHEREOF,the parries subscribed their names as of the above date. LESSOR: City of Palm Springs _ _ e—' BY (Signature) ;. H- E PPFSENCE OF (� n (SignatureV I h;14 �L (Ad ess) I ) NIyED STATES OF AMERICA GENERAL SERVICES ADMINISTRATION, PU LIC EMILDINGS SERVICE a11Y Contracting Officer (4-a'/x." p a u GSA DC 68-1176 Page 1 of 1 GSA FORM 276 JUL 67 APPROVED BY CITY COUNCIL 1 LESS1]HINRIAL ` F"��Y Exhibit "A" GQVT IMRIAL . » % ;/ J / \ >"tl sv-o- cctRn'xm Li if-IT if-V /aecr an¢ o cma asp and II rxr.�m* -m / i. m s zsz s r vs s ass nv s II sr II o 0 r`':—I ! i 6 c� '' "'O I II ems• �,u �� s � � ter• u�// l.�' ..6 ® /JJ %Ratsi. '% Saws i�.1 F.� /i'f •\i:`'t VIE] £dRtt J l \. %// T� •t , suss Y �' "� ''C 747 ME 2 �rrp Z p WeiNO / /! i Lye \ I 113rEM WEB ' 8 E' MIGH OBSC.'CLh55 / Yt J' - II B rafr r\ti /�t � r,� r.(� �.r' � (i t\� /%.,����/' !\\♦i ' � ,� f. \\ .� v / N se n cumI \ I s bz / Transportation SecurityAdminirtration(TSA) -Approval Date PALM SPRINGS INTERNATIONAL AIRPORT I ' Securi;y TSAOfices-Plan - 05.0201.019 November3,2004 Scale: /8"= 1'-0" Geralsler LESSOR Exhibit "B" PALM! SPRINGS INTERNATIONAL AIRPORT GOVTmm 1.1AUf Existing TSA Okces & Break Room Checkpoint Office 140 S.F. Art Gallery Office 572 S.F. v O '7 O � O � Break Room O 1080 S.F. _ OTSA Existing Exclusive Use Space (1792 S.F.) 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Ncns9uu[nlsmy AAwmn - Ow AYfHlrcn►w.Wmc n 9 xc a wd nti uxiw r mu a m awva m rnf a«cwarc sm w International Airport '�^ PAwtm rr-z - Y s2r Ozer.ow6 cams e<As xx fcw rAws Alo " �s ar,n¢su Awa2l,v. - vu A�.+.n W,Gi LMIE-AOA02 � AM(W a O1pwYMlm wr YL,), _ - - QEm,ww cx.n9Ydr-r-r Arr.A,ASIIlS-A T.9 A lw mArs 9wc mrtr wm I.x waAFl b+rd Gensler ti-L. - F�n-'wiz sf[sm w�nal'�reimt. sarpA[ D1 x�slm.cuw rrA sm¢r.wws- . FAw,m rr-z.vr aar,ma rcn nTw s�raYz c5 � 3 a a a n cm ' �zaxl wnK axzlc rxm xarsrrn dRFE ff-r A-1' 2C4 2Yd 244 � a-14F sr¢ _ - ' .az LEGEND *-� I-0' f 2 1 .y y �' � }%`a�!'s 4''� a'4 WVf➢YY 4waY.6]Iq - - - _C I t4 x r-a aD CHNG ".®_ • -.�. /� ® SISRv,l0}G A IaYXOR Fa a lMWLM SYmril 04.; - - - .�.•^y •Q �'1 ° F(!R'AI FlAEY4lt lbil - Sffi,OISAAI FAW9w 4E ArmdECIIPAL SVIFIF - 8 M10E T Wa Fwnff I r - G - (= i0leml Wa faM11F �t �£`-zJn� �' -#�',€�� '� �xh � ♦ awu Iris Imd A. - r fit( l wm /u a knxwcaw SHEET NOTES L M Ip1e116 FI6aiC tamdlena(XLQ �s n. FwS1Y10 LaYlrlr Y•L t' § � F§ y+ ,� 'S ` F�t '�,a _ Y UGN 4F 9FEr M0]I Ml YJERIE - � v� � 'L�4ri-�a faA +✓' 'rR`T'"* - 0 i 11YNC4 YW]9Y[C 1RD]X ftlSfJKd{pl ^'' +" ML GALL IWIs f)®A IXIE4a.LLOM i r �x � `�,.��, Y.uF�.R, sa luwwu xorwlwN,Iva m.arc AM «s_ ® "tea� cr. awt lu mww saa 7• �zelmurS w Uc ra tplMlc L A)a FAa 6 F%101a WN f NAE MTA u/m — a rwa tar w Iclx.rAxwr,wd I..�_. t 3 Q Y rum 1 o Imram mwc !M C LGM As MFRS9A( w w A aFAIT 1gG1C n[arrna a � ..'- �� to RET FAtlI TE XLV1Fsr N9%9a.� IL Far9ad9WLEICAOAI[dW AM - .. lwrmnl a MFAO/Gl KEY PLAN r sawdas w PnNA R A 9Pa T -E D CH WONAL/Ha➢d0alm Q IwVrO._�. -Olaf-PHASE] .rrw•wr a-ow-oral-mT, me zoos-a --•9 i&=01.019 rAr _ 2alC 04-ARIECI➢fFLNC M1IN F Y r lr _—- - A04.02 -- -- t rALAj r "n Y � h M E M O R A N D U M TO: Steve Zehr R Assist. Director of Aviation l , r FROM: Kathie Hart, CIVIC Chief Deputy City Clerk DATE: October 19, 2005 SUBJECT: General Services Administration A4583 — Supplement 3 to GS-096-01291 cc: File Enclosed are the four (4) originals of the above referenced agreement. Please forward them to GSA for execution and request an original set be returned to our office for our records. Please feel free to contact me if there are any questions and/or if additional information is necessary, ext. 8206. /kdh attach. Y r 4 GSA Pacific Rim Region August 11,2005 RECEIVED Mr.Richard Walsh Director of Aviation AUG 12 City of Palm Springs 00 3400 E.Tahquitz Canyon way, Suite OFC ��. I�_ � � Palm Springs, CA 92262-6966 —PT- ���� .�,_,. RE: GSA Lease GS-0913-01291 Forced Relocation Supplemental Lease Agreement Dear Mr. Walsh: Thank you for your letter dated July 7,2005. We have received approval from our Fire&Life Safety Office for the proposed construction of the TSA space. I have enclosed three(3) copies of Supplemental Lease Agreement(SLA)No. 3 and exhibits for your signature. Please review, sign and return all copies to our office for execution. Once the Contracting Officer has signed the SLAB,your office may commence the construction of the government's new space. In addition,please forward a construction schedule to my office. I will need to perform site inspections during various construction phases of the project. Also,there will be a need to schedule a punchlist walk-thru before 100% completion of the construction. Once GSA feels the items have been corrected and the government can take possession, a beneficial occupancy SLA will be submitted to your office for signature. This will memorialize the change in location and government acceptance of the new space. Should you have any questions or comments,please do not hesitate to contact me at 619-557- 5466 or via email at Jenalyn.Keodara(ciigsa.eov. Thank you in advance for your immediate action. Sincerely, Je yn eodar ty S ialist General Services Administration cc: Robert Berriman U.S. General Services Administration _ 401 West'A Street, Suite 2075 San Diego,CA 92101 ww v gsa.gov CONTRACT ABSTRACT Contract Company Name: General Services Administration Company Contact: Jenalyn Keodara Summary of Services: Sup. Lease Agree #3 Contract Price: No change Funding Source: N/A Contract Term: No change Contract Administration Lead Department: Aviation Contract Administrator: Steve Zehr Contract Approvals Council/ Community Redevelopment Agency Approval Date: 10/5/05 Minute Order/ Resolution Number: M07753 Agreement No: A4582 Contract Compliance Exhibits: Yes Signatures: Need City Sigs first, please see GSA letter attached Insurance: N/A Bonds: N/A Contract prepared by: Steve Zehr Submitted on: 10/6/05 By: Janet Buck US General Services Admin Airport Supplemental Lease AGREEMENT #4582 Suppl 2 M07342, 7-16-03 Wl GENERAL SERVICES ADMINISTRATION PUBLIC BUILDINGS SERVICE SUPPLEMENTAL DATE SUPPLEMENTAL LEASE AGREEMENT AGREEMENT No. 2 TO LEASE NO. GS-09B-01291 AUDHE66 OF FIKLM16L6 Palm Springs International Airport 3400 East Tahquitz Canyon Way Palm Springs,CA 92262 THIS AGREEMENT, made and entered into this date by and between City of Palm Springs Whose address is 3200 E.Tahquitz Canyon Palm Springs,CA 92262-6959 Hereinafter called the Lessor,and the UNITED STATES OF AMERICA, hereinafter called the Government: WHEREAS,the parties hereto desire to amend the above Lease. NOW THEREFORE,these parties for the considerations herpinaftermentiorej covemam,�and agree th-.t-h-3 said L-aso S amended upon execution by the Government,to establish beneficial occupancy of Block F and 'delete Space E as Follows: Beneficial Occupancy for Block F is established as October 1,2003. Supplemental Lease Agreement No. 1 dated August 8, 2003 is now in full force and effect. Part 11. Section B. (Term)is deleted in it's entirely and replaced with the following: TO HAVE AND TO HOLD said premises for the term commencing on November 1,2002 and continuing until September 30, 2008. All other terms and conditions remain in full force and effect. IN WITNESS WHEREOF,the parties subscribed their names as of the above date. I LESSOR: City of Palm Springs City Manager (Signature) David_H .4te—ady (Title) AT— Signature) City Clerk 66J3q03 (Address) UNITED STATES OF AMERICA BY C11p,) Contracting Officer GSA. PBS. RED GSA DC 68-1176 GSA FORM 276 JUL 67 7 �` ° ' z- , 3 3 0 ` AGREEP,EN." General Services Administrati Airport Lease q F-; 'ri'/7 AGREEMENT #4582 Suppl 1 ,,t I F C°. LM SP lidd M07341 , 7-16-03 GENERAL SERVICESADMINI'STRAVIOWy PUBLIC BUILDINGS SERVICE SUPPLEMENTAL DATE SUPPLEMENTAL LEASE AGREEMENT AGREEMENT No. 1 TO LEASE No. GS-09B-01291 Palm Springs International Airport 3400 East Tahquitz Canyon Way Palm Springs,CA 92262 THIS AGREEMENT, made and entered into this date by and between City of Palm Springs Whose address is 3200 E.Tahquitz Canyon Palm Springs, CA 92262-6959 Hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WHEREAS,the parties hereto desire to amend the above Lease. NOW THEREFORE,these parties for the considerations hereinafter mentioned covenant and agree that the said Lease is amended upon execution by the Government,to delete Space E, add Space F,and to extend the term of all remaing blocks of space as follows: Part II. Section A.5.c. (Rentable Sq. Ft.)is deleted in it's entirety. Part II. Section A.6.b. (Room Numbers) is delted it it's entirety. Part II. Section B. (Term) is deleted in it's entirety and replaced with the following: TO HAVE AND TO HOLD said premises for the term commencing on November 1,2002 and continuing for 60 months from the completion and acceptance of Block F. (See attached floor plan for Block F). Block F to be delivered no later than December 1,2003. A future Supplemental Lease Agreement will be executed to establish Beneficial Occupancy. Part II.Section C. 7&6 (Amount of Annual Rent)& (Rate per month)are deleted in their entirely. Rider To Lease No. GS-09B-01291, Paragraph 3 is deleted in it's entirety and replaced with the following Paragraph 3 on Page 2 attached. Rider To Lease No. GS-09B-01291, Paragraph 4 is deleted in it's entirely and replaced with the following Paragraph 4 on Page 2 attached. Pagel of 2 IN WITNESS WHEREOF,the parties subscribed their names as of the above date. LESSOR: City of Palm Springs David H_ Ready (Signature) City Manager (Title) TH SENC F Imes b;;0 est: � 3700 F Tahnni= Canyon Wa P 7 S gsig ature) City CA 92262-6959 (Address) UNITED STATES OF AMERICA BY 4/[ ��[ 2 - '��tP ✓� ��r ) Contracting Officer GSA. PBS, RED GSA DC 68-1176 GSA FORM 276 JUL 67 ol� oar G729 P.22 SHEET NUMBER 1 IS ATTACHED HERETO AND MACE APART OF SUPPLEMENTAL LEASE AGREEMENT NO, i TO LEASE. NO. GS-09B-01291 "3_ The Lessor hereby leases to the Government the following described premises to be used for office,security screening and other related purposes by the Transportation Security Adminlstratlen in the building known as Palm Springs International Airport,3400 East Tehquilz Canyon Way. In addition,an employee parking lot will be available on-site within the grounds for the use of the TSA employees at no additional cost to the Government. Effective November 1,2002,the Govemment accepts the following space: Black A: 140 Rentable/Usaibfe Square Feet Block B: 572 RentablelUsahle Square Feet Block C: 1,080 Rentable/Usable Square Feet Block 0: 872 Rentable/Useble Square Feet Block E: 2,880 RantablelUsable Square Feet TOTAL 5,544 Rentable/Uslible Square Feet Effective upon the Government's execution of a future Supplemental Lease Agreement reflecting acceptance and Beneficial Occupancy of Block F.Space E veill be deleted from this Lease leaving the following remaining space. Block A: 140 Rentable/Us;)ble Square Feet Block B: 572 Rehtable/Usable Square Feet Block C: 1,080 RentablolUsable Square Feet Block D: 872 Rantable/Usable Square Feet Block E: Intentionally omithA Block F: 4,1116 Rentable/Urnble Square Feet TOTAL 7.480 Rentable/Us,able Square Feet" '4, The Government shall pay the Lessor annual rent as follows: Effective November 1,2002,the Government shall pay the Lessor annual rent as follows: Years 1 —2: Annual Rent of$194,623,00 payable at$16,218,00 per month in arrears comprised as follows: Blocks A-E: $124,623.00 (5,544 rentable square feet at the rate of approximately $35.10 per square foot). Effective upon the Government's execution of a future Supplemental Lease Agreement reflecting acceptance and Beneficial Occupancy of Block F and the deletion of Block E through the 60 month term,the Government shall pay the Lessor annual rent as follows: Annual Rent of$298,481,66 payable at$24,881.50 per month In arrears comprised as follows: Black A,B,C,$ 0: $74,778.49 (2,664 rentable square feet at$28.07 per square foot). Block E: Intentionally drileted Block F: S223,703,20 (4816 rentable square feet at$46.45 per square foot)' 421. The Lessor shall fumish all labor, materials,equipment, design, professional fees, permit fees, inspection fees, utilities, construction drawings, construction costs and services as well as other similar costs and expenses associated with providing Block F. All Pravlsions of the Lease she II apply to these changes provided herein, The Lessor shall be responsible for all maintenance and repair relating to these Items. Title to sald tenant improvements shall vest with the Government The Government at Its option, may choose to MrnQV0 the tenant improvements upon vacating the leased premises without responsibility for restoration. Should the Govemment abandon these improvements upon vacating the premises,title shall then vest with the Lessor." All other terns and conditions of the lease shall remain in full force and effect. Page 2 Of 2 initial in 'a TOTRL F,E2 U.S. GOVERNMENT LEASE FOR REAL PROPERTY 1 LEASE NUMBER (Short Form) GS-09B-01291 PART I -SOLICITATION/DESCRIPTION OF REQUIREMENTS(To be complete•'i--"—••---- A. REQUIREMENTS US Government Intentionally Omitted Airport Lease AGREEMENT #4582 . ., B. STANDARD CONDITIONS AND REQUIREMENTS M07182, 10-16-02 The following standard conditions and requirements shall apply to any premises offered for lease to the UNITED S-TATES OF AMERICA (hereinafter called the GOVERNMENT) Space offered must be in a quality building of sound and substantial construction, either a new, modern building or one that has undergone restoration or rehabilitation for the intended use. The Lessor shall provide a valid Occupancy Permit for the intended use of the Government and shall maintain and operate the building in conformance with all applicable Current(as of the date of this solicitation)codes and ordinances.All areas in a building referred to as"hazardous areas" in National Fire Protection Association Standard 101, or any successor standard thereto, must be protected by an automatic sprinkler system or an equivalent level of safety. A minimum of two separate stairways shall be provided for each floor of Government occupancy. Scissor stairs will be counted as one stairway If offered space is 3 or more stories above grade,additional egress and fire alarm requirements may apply. The Building and the leased space shall be accessible to workers with disabilities in accordance with the Americans With Disabilities Act Accessibility Guidelines(36 CFR Part 1191,App.A)and the Uniform Federal Accessibility Standards(41 CFR 101-19.6,App.A).Where standards conflict,the more stringent shall apply. The leased space shall be free of all asbestos containing materials, except undamaged asbestos flooring in the space or undamaged boiler or pipe insulation outside the space, in which case an asbestos management program conforming to Environmental Protection Agency guidance shall be implemented.The space shall be free of other hazardous materials according to applicable Federal,State, and local environmental regulations. Services, utilities, and maintenance will be provided daily, extending from 7 00 a.m. to 6.00 p m. except Saturday, Sunday, and Federal holidays.The Government shall have access to the leased space at all times, including the use of electrical services,toilets, lights, elevators, and Government office machines without additional payment. The Lessor shall complete any necessary alterations within 15 days after receipt of approved layout drawings. 2 SERVICES AND UTILITIES(To be provided by Lessor as part of rent) X HEAT X TRASH REMOVAL X ELEVATOR SERVICE I regd X INITIAL&REPLACEMENT X OTHER X ELECTRICITY X CHILLED DRINKING WATER WINDOWWASHING X LAMPS,TUBES&BALLASTS (Specify below) X" POWER(Special Equip.) X AIR CONDITIONING X Frequency As needed X PAINTING FREQUENCY X WATER(Hal$Cold) X TOILET SUPPLIES X CARPET CLEANING Space Lease Commencement X SNOW REMOVAL X JANITORIAL SERV &SURE Frequency Asneeded Public Areas 3 OTHER REQUIREMENTS SEE RIDER TO LEASE NOTE: All offers are subject to the terms and conditions outlined above, and elsewhere in this solicitation, including the Government's General Clauses and Representations and Certifications. ��ASIS-OF-AWARD —�11E-ACC€RTABLE�FF€R-W4FH TNE�OWE�TFRl6€ +E-R-SQUAR€-F09T-A669RBIN6T93H€ANSUBOMA-ZZ54- B EF4NMON-F-0&BBMAJSABLE-0F�CE-AR€A-WHICH MR,ANS�THR,..F,MIHRI3€,^.-TENANT-0 GRMAI 1 Y OUS€SF.E-RSONNBLANBIOR-F RNITURE-;FORAM4G4-AMEASUREM€NT4S-T-0-B MRUTED- GENERAL SERVICES ADMINISTRATION GSA Form 3626(Rev. 10-96) Page 1 of 2 Proscribed by APD 2800 12A PART II - OFFER(To be completed by Offeror/Owner) r A LOCATION AND DESCRIPTION OF PREMISES OFFERED FOR LEASE BY GOVERNMENT S-0 9B-01 2 91 5. NAME AND ADDRESS OF BUILDING(Include ZIP Cade) 6 LOCATION(S)IN BUILDING Palm Springs International Airport a. FLOOR(S) b ROOM NUMBER(S) 3400 East Tahquitz Canyon Way A, B, C, D, E Palm Springs, CA 92262 c RENTABLE SQ.FT d TYPE Space A: 140 Space D: 872 Totaling: 5,544 X GENERAL OFFICE OTHER(Specify) Space B: 572 Space E: 2,880 Space C: 1,080 " WAREHOUSE B. TERM To have and to hold,for the term commenting on November 1,2002 and continuing through October 31,2004 inclusive. The Government may terminate this lease at any time on or after one(1)year by giving at least thirty(30)days notice in writing to the Lessor. No rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. C. RENTAL Rent shall be payable in arrears and will be due on the first workday of each month. When the date for commencement of the lease falls after the 15th day of the month,the initial rental payment shall be due on the first workday of the second month following the commencement date. Rent for a period of less than a month shall be prorated. 7 AMOUNT OF ANNUAL RENT 9 MAKE CHECKS PAYABLE TO(Name and address) $194,623.00 City of Palm Springs c/o Palm Springs International Airport 3400 E. Tahquitz Canyon Way Patin Springs, CA 92262 B RATE PER MONTH $16,218.00 10a NAME AND ADDRESS OF OWNER(Include ZIP code If requested by the Government and the anew a adnershm or)omt venture,list all General Partners,using a separate sheet,r1 necessary) City of Palm Springs Atte C4ty4l 3200 E.Tahquitz Canyon ee lii L�LY (J� L.rL1 l:✓� }�1 :r"M1r!' k^41'��J �`.�1127� ;� Palm Springs,CA 92262 10b TELEPHONE NUMBER OF OWNER 11 TYPE OF INTEREST IN PROPERTY OF PERSON SIGNING (760) 318-3800 OWNER X AUTHORIZED AGENT _ OTHER(Specify) 12. NAME OF OWNER OR AUTHORIZED AGENT 13. TITLE OF PERSON SIGNING - David City 14 SIGNATURE i, .VINEK vR AUTHORIZED AGENT 15 DATE oo 12 OFFER AINS-BP€N-UNPPILA- P-M- PART III - AWARD(To be completed by Government) Your offer is hereby accepted. This award consummates the lease which consists of the following documents (a) this GSA Form 3626, D)Representations and Certifications,(c)the Government's General Clauses, and(d)the following changes or additions made or agreed to by you. THIS DOCUMENT IS NOT BINDING ON THE GOVERNMENT OF THE UNITED STATES OF AMERICA UNLESS SIGNED BELOW BY AUTHORIZED CONTRACTING OFFICER. 17. NAME OF CONTRACTING OFFICER(Type or Pnni) 17b. SIGNATURE OF CONTRACTING OFFICER 17c DATE 6 Tina Grover 9 /� o7o Page 1 of 20 GENERAL SERVICES ADMINISTRATION GSA Form 3626(Rev. 10-96) Page 2 of 2 Prescribed by APD 2000 12A Property of the United States Government—For Official Use Only—Copying, Disseminating, or Distributing These Drawings, Plans, or Specifications to Unauthorized Persons is prohibited. RIDERTOLEASENO. Ca_09n_01291 1. The following are attached hereto and made a part hereof: a. Lease Rider, containing paragraphs 1 through 20 b. Supplemental Lease Requirements c. General Clauses, (Simplified Leases) d. Representations and Certifications(Short Form) e. Exhibit "A" floorplan highlighting the demised premises. 2. Lessor acknowledges that the occupant under this Lease, The Transportation Security Administration, is a federal civil security agency who works with highly confidential and sensitive documents. As such, the Leased Premises will be restricted to authorized federal government employees. Lessor may enter the Lease Premises only with the prior approval of the local Federal Security Director of the Transportation Security Administration 3. The Lessor hereby leases to the Government the following described premises to be used for office and related purposes by the Transportation Security Administration: 5,544 rentable square feet/BOMA/ANSI usable square feet(rsf/usf) for a total of 5,544 rsf/usf in the building known as Palm Springs International Airport, 3400 East Tahquitz Canyon Way to be used for office and related purposes by the Transportation Security Administration (TSA). In addition, an employee parking lot will be available on-site within the grounds for the use of the TSA employees at no additional cost to the Government. 4. The Government shall pay the Lessor annual rental including the employee parking lot located on-site within the grounds at no additional cost to the Government as follows: $35.10 per rentable square foot for a total of $194,623.00 per annum (derived by multiplying the total square footage of 5,544 SF by $35.10/SF)at the rate of $16,218.00 per month in arrears. 5. At no cost or expense to the Government and included in the rent the lessor shall make the following tenant improvements: Space A: None"As-Is" Space B: New glass storefront, paint, 6' high partitions, and electrical in the walls. Space C: Partitions to relocate motorcycle office, door, electrical to office, replace electric door with storefront and ITVAC to new office. Space D: New drop ceiling, lighting, 15' of interior partition, electrical and floor covering. Space E: Install two mobile office units. 6. All services, maintenance, replacement,janitorial cleaning and supplies and utility costs are included in the rental consideration. Services, maintenance, replacement, and utilities shall be provided by the Lessor in accordance Page 2 of 20 with the specifications in this lease at no additional cost to the Government throughout the lease term. 7. Overtime air conditioning service shall be provided by the Lessor at no additional cost to the Government. 8. Rentable square feet and BOMA/ANSI usable square feet are equal under this lease. 9. Wherever the words "Offeror" or "Successful Offeror" appear in this Lease, they shall be deemed to mean "Lessor"; wherever the words "Solicitation", "Solicitation for Offers", or "SFO" appear in this Lease, they shall be deemed to mean "this Lease"; wherever the words "space offered for lease" appear in this Lease, they shall be deemed to mean "leased premises", "premises" or "Premises", and wherever the word "Lessee" is used herein it shall be deemed to mean the"Government". 10. If any term or provision of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. 11. Each employee of the Lessor and/or its contractor(s) employed in connection with the operation of the Building shall be (1) a citizen of the United States of America; (2) an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card, Form I-151; or (3) an alien who presents other evidence from the Immigration and Naturalization Service that employment will not affect his/her immigration status. 12. If, during the term of this Lease including extensions, title to this property is transferred to another party either by sale, foreclosure, condemnation or other transaction, the Lessor shall promptly notify the Contracting Officer of said transfer. The following information shall accompany this notification: A certified copy of the deed transferring title to the property from the owner to the new owner. A letter from the new owner assuming, approving, and agreeing to be bound by the terms of this Lease. A letter from the Lessor waiving all rights under this Lease against the Government up to the effective date of the transfer, provided that the Government is current on rent and all other obligations under this Lease. Lessor acknowledges that the Government pays rent one month in arrears. The new owner's taxpayer identification number or Social Security Number. The new owner's full legal name. If a corporation, indicate the state of incorporation. If a Partnership, list all partners fully. If a limited partnership, list all general partners and identify under the laws of which state the limited partnership is created. If a realty trust, give names of all trustees and the recording date of the trust. The foregoing information must be received by the fifteenth day of the month in which the transfer of title will be effected. The rent for that month, adjusted in accordance with the effective date of the transfer will be processed to the Lessor. Initial rental payment to the new owner will be processed on the first day of the second month following the transfer of title. If the notification of transfer and related information is not received until the sixteenth day of the month (or later), in which the transfer of title will be effected, the full contract rental for that month will be forwarded to the Lessor. In this instance, it will be the responsibility of both the Lessor and the new owner to submit, in conjunction with other requested information, a letter of agreement regarding disposition of the monthly rent with respect to the effective date of transfer. In any instance, failure to submit the documentation required for transfer of title will result ina stop payment of rent until such time as all documentation is received by the Contracting Officer. 13. The Lessor shall not be reimbursed for any services not provided for in the Lease including, but not limited to, repairs and alterations, nor will any rental be paid for occupancy in whole or in part except for the Lease term Page 3 of 20 ""�-—� 1 ll��.� MITIALS:LCSSOR —y..��° GOV'T G.p Supplemental Lease Requirements specified in this Lease, unless approved in advance and in writing by an authorized official of the General Services Administration. 14. The Lessor shall not enter into negotiations concerning the space leased or to be leased with representatives of Federal agencies other than the officers or employees of the General Services Administration or personnel authorized by the Contracting Officer. 15. The Lessor will provide a Key to a TSA supervisor as to allow the Government shall have access 24 hours 7 days a week to their demised premises at no additional charge. 16. The Government reserves its right to install at it own cost and expense any security equipment required for the safety and,security of its employees and demised premises. 17. Nothing contained herein shall be construed as a waiver of any rights that the Government may have as a sovereign. 18. This lease shall not be binding on either party until it has been executed by a duly authorized official of the General Services Administration and the Lessor. 19. The Lessor will provide the name and telephone number of a designated representative that can be contacted to correct deficiencies. The Lessor shall immediately advise the Government of any change in the designated representative and furnish the Government with the name, address and telephone number of the successor with 24 hours. 20. The parties acknowledge that this lease is not subject to Operation Cost Escalations or Real Estate Taxes. Page 4 of 20 INITIALSEESSOR ^�" GOWT Supplemental Lease Requirements SUPPLEMENTAL LEASE REQUIREMENTS LEASE# G.g_09B-01291 Contracting Officer:Tina Grover 1. BUILDING SHELL DEFINITION Building Shell Definition The building shell includes the following items for the base building and tenant areas: Base Building The base structure and building enclosure components(windows,with exterior finishes) are complete. Base building electrical and mechanical systems (central fire alarm, chiller plant, cooling towers, etc.) are complete and functional. All common areas, such as lobbies,fire egress corridors and stairwells, garages, and service areas, are complete. (Circulation corridors are provided as part of base building only on multi-tenanted floors where the corridor is common to more than one tenant. On single tenant floors, only the fire egress corridor necessary to meet code is provided as part of shell.) Restrooms are complete and operational. Building cores on each floor with leaseable space contain the following: • a tappable domestic water riser, a service sanitary drain, and sanitary vent, all ready for extension to tenant demised area(s), • electrical power distribution panels and circuit breakers available in an electrical closet,with capacity at 277/480 volt and 120/208 volt 3 phase,4 wiring providing 7 watts per BOMA office ANSI/BOMA Office Area(9 watts per rentable) square foot; • a designated connection point to the central fire alarm system,for extension to tenant demised area(s); • a distribution backboard within a wire closet for connection to tenant's telephone lines. Tenant Areas _ A broom clean concrete floor slab,with level floor not varying more than 1/4"over ten (10)foot horizontal run in accordance with American Concrete Institute(ACI) Standards, is provided. Gypsum wall board, spackled and prime painted, on exterior perimeter walls, and interior core walls are provided. Common corridor stud walls,without gypsum board on demised tenant premises'side, and without suite entry door are provided. A fully installed 2 x 2 foot suspended acoustical ceiling,with 2 x 2 parabolic fluorescent(or other building standard such as 2'-0"x 4'- 0")fixtures installed in the ceiling grid for an open office plan, is provided. Sprinkler mains and distribution piping in a"protection"layout(open plan)with heads turned down, concealed with an escutcheon or trim plate installed, are provided. Central heating,ventilation and air conditioning systems are installed and operational, including, as appropriate, main and branch lines, VAV boxes, dampers,flex ducts and diffusers, for an open office layout. Conditioned air through medium pressure ductwork at a rate of.75 cfm/square foot of BOMA office ANSI/BOMA Office Area area is provided. 2. TENANT ALTERATIONS PRIOR TO THE GOVERNMENT'S INITIAL ACCEPTANCE OF SPACE At the Government's sole discretion,the lessor shall: (a) Provide cost and pricing data in conjunction with the tenant alterations as specified by the Government in Form 3517 per the terms and conditions noted below in this section or, (b) Provide a price based upon the results of a competitive proposal process as follows: (1) The scope of work includes the lease,the SFO, all SFO attachments,the construction drawings/documents as prepared by the lessor,and written specifications. In cases of discrepancies,the lease shall govern over any other documents. All differences will be resolved by the Contracting Officer in accordance with the terms and conditions of the lease. (2) No building shell items shall be included in the competitive proposal. (3)A minimum of three qualified contractors must be invited to participate in the competitive proposal process. Each participant must compete independently in the process. (4) Each submitted proposal must be reviewed by the Government. The Government reserves the right to determine if bids meet with the scope of work,that the price is reasonable, and that the offeror is qualified to perform the work. (5)The Government may elect to be represented at all negotiation sessions between the Lessor and potential contractors. (6)The Lessor must certify to the Government that best efforts have been made to obtain the most competitive prices possible,that the Lessor shall accept responsibility for all prices through direct contracts with all contractors, and that all performance specifications of the lease shall be met. (7)The Lessor shall complete the competition and the cost proposal process in 10 working days or less from the date of issuance of completed construction documents. Page 5 of 20 ,„ j� INITIALS:LESSOR GOV'T Jo Supplemental Lease Requirements (8)Once the Government determines that there is adequate competition, and upon the Government's acceptance of the Lessor's cost proposal based upon that competition (provided the Lessor selects the competition's lowest priced bid of a contractor qualified to perform the subject work),the Contracting Officer shall issue to the Lessor a notice to proceed for the subject work. (9) The Lessor shall complete the work within the time frame requirements of the SFO. 3.-PRAWINGS ^ Intent nr^ The Le h A rBvlde4G"he-hie` ,....ent'c rem art-efth, h I-oQ„din shelI rate, f� Besl9,.�,.�^�;.^;ss�-,,.. ----' - - -Prepare-and-P �PP 1-as-P t-� d- desig^ ^t�dre.rc.. ^g deta4Rg4he4nnaRt4.m` t^!^ aem ado 4y£he Le nr-wAl4iR-t4;e-Government-demisedarea-The Gover-Rme^,� „ 4,�lh^ I & ^I�ser-shbest-t#Grts-taeoerdiRat R:nat4nand-detail&as-4equired4by Lessor's architeG!to olo uGhr1rawin t "Design ' teRt-d for the ^ 9)G&es,-Gf-�, F ef� a ^^tally ... t' to tr ^t'en draw rl h dimensl�gs-of-there e-eReugh-infer,��pr�ar^cam.,..,,. ..:ng�,,,all ! coRs:" nF� n't cn i..GafieR6 baSi6�r617i£.,..l i '„an. !'^�:.a" 4ype6and4GGatIGR6',-dGer4ype&and4GGatiGR^.l•,I•`�nd data_e tet ram^^^ ^ IesatieRs;specif4GatGR&PAcessaW4e"ha-GaIGulation^£^l 'r:.,c! ..nd-HVA"- 2dsi nd-aU GRishJssler/signage ^^I-�G�.,Fn„^. ! ! ^the right t^ the I intent rt � � to thn � t�f. .,.�.,,menrrew,,,.. . r.,. ., ._..,.. ., .,,.ser-'s-desiga,n�a.�v:.Rgs�rz„ ^`eRGeme �rkiRg GGnstruGtiGR-draYJ,.^ngs- b)-Working-CenstruaNGn-Braw g Thr e�l e F^h^I pare-0ut of-the o ten Ant A a lt .te ,..,ratiensallewaR�Ral-working-Go RstruGtieR dra,., hti imprevements4l4 ^t•^to ate en tG^l;e-G-^ve.nm n &.T�-.4,nt-approved design tentrdFawing -wer4iag-GnnstraGtien boll rtn^I ...enho n^I �enV.'n..l_ � F ^efet i I'n M'..n M. ! _ ..,......,, _ -c.oral;and architeetaral imprevemeats ssheduled-fer4RGlWEiG l49414P GA.�.., t, ^ d-spaGe. WerkiR inghaul g-GonstrastiGn-dfaws-sdalse-beannotate�'.-with ^II app4Gable-spesifcatiNs:T-tte I�t^^predaGt-shGuld re eGt equire�ich�_b^t^rt; tl th.,,ameas4hat-specified by-thei-Government-apprGve YTh n n ^tent drawings, ndah.all inco)GratGTryrt�cr extraneous oddtines-Rer-deletons-of recp"rem.nt The Le&&Gr�& aFldRtl . all be nroyrled .q e :-^i4,o-C-vyie;w,h.n �yg-days ee Gever+m_ t aR.'&apprG.el -'thede design nt«^tcrg,.iRgG nav,rgs-shalGaarT,a ^titytee to^P' T. t&akeady4n-place,and the�verLln hrl_..n h the I e--,,. nr^thy-r,rrnn nrL^hn �o ll-be G:Gady�denfifled y � � as sash. Th-.,,�r_e.�nlRl_4.t-fetes.,.&the ,•h-r.y�,t t�� .,,,th�i sSSGr' nr ^^ ^^^nota6tIGR-dfaWing&-pf:Gf�G�hezl .e66eF£-GGRamGRG�..^t Of 'ntem[n r th a Goye� P^ re of the u n k I r r.leh e .... GBR6tfF16tIGRrNOtwltl7SteRdIR^y-^,�^--w..,r^R7PRv----,.__ _. _-_ __.�-`�""'RStfa6t7GR-dfaW{RQ&-tI7?v��... .. ......., responsible nay..' le-nrt4e4echniGa[aGGuFaGy-of-the-wefking-cgpstf in drRivi g^�.,et.,g ^nr quire entsand provisions-ef4hi&ease. �n^tr ..Fn of Tn nt Alfe�ni{� �The-LLe„sGr-st lI6GR FuGfaI14eRant alteratlaris n4 GG6rdaR^ ;t. -..thnbet,heththe-GeveFRment r �kn;g-dra,r,ng^ nda4 to ':,&-and-sendit p -G the CC The 1 e IIa„oo plete tea Ite atinns 39 working days efreoei: ^t�net;Ge4^-proGGea�-frnn, 4e-Gov TRmeRt 4. NEGOTIATIONS A. Negotiations will be conducted on behalf of the Government by the Contracting Officer (or the Contracting Officer's designated representative). The Contracting Officer is named on the cover of this SFO. GSA will negotiate rental price for the initial term, any renewal periods, and any other aspect of the offer as deemed necessary. B. The Offeror shall not enter into negotiations concerning the space leased or to be leased with representatives of federal agencies other than the Contracting Officer or designee. C. The Contracting Officer will conduct oral or written negotiations with all Offerors that are within the competitive range. The competitive range will be established by the Contracting Officer on the basis of cost or price and other factors (if any) that are stated in this SFO and will include all of the most highly rated proposals, unless the range is further reduced for purposes of efficiency. D. All Offerors will be provided a reasonable opportunity to submit any cost or price,technical, or other revisions to their offer that may result from the negotiations. Negotiations will be closed with submission of final proposal revisions("Best and Final" offers).. 5. ADJUSTMENT FOR VACANT PREMISES, GSAR 552.270-25 If the Government fails to occupy any portion of the leased premises or vacates the premises in whole or part prior to expiration of the term of the lease,the rental rate shall be reduced as follows: The rental rate will be reduced by that portion of the costs per square foot of operating expenses not required to maintain the space. Said reduction must occur after the Government gives 30 days prior notice to the Lessor, and must continue in effect until the Government occupies the premises or the lease expires or is terminated. R 1„1�1QI IIDATED-ggMA6Ee r-ce�Fg2i49-2z Page 6 of 20 �,;^ 4XJ INITIALS:L);SSOR � �''�"'�� GOV'T � Supplemental Lease Requirements j In,case-of-failure-OR4e part of the Lesser r to G ..I.. work within ....h n the ti...eAd i.. .�in —.I m..��. ..fmGt.."ettep of a. �,r.l al.e La ahan.. .,thn , rnmentr, fixed-and-agreed_l 00 oFeash and every calendar day that th delivery is delayed beyond the day specified for del'very of all the space ^Ply_for-9GGupaRGy-by the-GGveMMGM. 7.ANSI/BOMA OFFICE AREA SQUARE FEET(SEP 2000) (a) For the purposes of this solicitation, the Government recognizes the American National Standards Institute/Building Owners and Managers Association (ANSI/BOMA) International Standard (ANSI/BOMA Z65.1-1996) definition for Office Area, which means"the area where a tenant normally houses personnel and/or furniture, for which a measurement is to be computed." (b) ANSI/BOMA Office Area square feet shall be computed by measuring the area enclosed by the finished surface of the room side of corridors (corridors in place as well as those required by local codes and ordinances to provide an acceptable level of safety and/or to provide access to essential building elements) and other permanent walls, the dominant portion (refer to Z65.1) of building exterior walls, and the center of tenant-separating partitions. Where alcoves, recessed entrances, or similar deviation from the corridor are present, ANSI/BOMA Office Area square feet shall be.computed as if the deviation were not present. (c) Unless otherwise noted, all references in this solicitation to square feet shall mean ANSI/BOMA Office Area. Ft. UNIT C�02T-S (a) Offemm are required to st u^im^�` fir tl;e-fellewiRg items that are GheGked. Prices E; all-b"uated-as fully Installed and finished, in tha hlankA below. This AttAchm rn rt-ef ther_n.e-vrr„ffer X The-prise-per#loor-mounted duplex electrical Outlet $ X The-prise-perwaN-meuRtedduplexelestr'oerOutlet $ X The price per GOP nted-fourplex4deuble duplex) electrical o tlet $The pa$r,Ge-p. d-feurpeGuble duplex) e,anrNnar o y $ X T#e prse Par flnn nte,f rlerlicatect-eleGtcical-Gutlet $ X The-price-pr ell m pted rlerl•nated elaGtarrie�ral-Outtlet $ ., X The-prise-per-flOOF Mounted telephone outlet $ X The-prise-per ^II..,.z.,-meunted-telephone�tiiet $ y The-prise-per finer rn ntad data n flat $ X The-price-per-wall-meuntpel ,f Outlet $ X The-price-per GGhd wood Interior door's^' dmg installatien and hardware $ X The-prise-per I near font of Officesubdividing cell 9 high partitioning $ X The-prise-per linear font of Office subdividing lab to lab-partitioning $ X The price r base feed eleatr'Gal (for •sta.ps,444rRitum) $ X Thep ee Per bane feed_telephone/dawn{6ystQ• s furniture) $ X The price per horaa _for_rovert;--- HNIAC $ 9. ALTERATIONS$100,000 OR LESS (JAN 1997) (a) The unit prices which the offeror is required to list will be used, upon acceptance by GSA, during the first year of the lease to price alterations of$100,000 or less. These prices may be indexed or renegotiated to apply to subsequent years of the lease upon mutual agreement of the Lessor and Government. (b) Where unit prices for alterations are not available, the Lessor may be requested to provide a price proposal for the alterations. Orders will be placed by issuance of a GSA Form 276, Supplemental Lease Agreement, a GSA Form 300, Order for Supplies or Services, or a tenant agency approved form. The clauses entitled "GSAR 552.232-71 Prompt Payment'and "GSAR 552.232-72 Invoice Requirements (Variation)" apply to orders for alterations. All orders are subject to the terms and conditions of this lease. (c) Orders may be placed by the contracting officer, the GSA buildings manager or tenant agency officials when specifically authorized to do so by the contracting officer. The contracting officer will provide the Lessor with a list of agency officials authorized to place orders and will specify any limitations on the authority delegated to tenant agency officials. The tenant agency officials are not authorized to deal with the Lessor on any other matters. (d) Payments for alterations ordered by tenant agencies will be made directly by the agency placing the order. 10—DOORS: EXTERIOR reeo 2000) (a) BUILDING DING cuol I 1 €.de.nr der shall bshali b wed at th ,i a anl�.yixpeearun.as6-exphGitly4equested h t-a, Ca.., nt R-add'tfen to those provided by the I-P.PgAr. Cale Or do shall he-weather tight t and shall o en-outward. Hip of an•f p!Rs e� tie-installed-IR-a-man ger that preventsF al when the_d9606 Closed-and lacked. �"2. T-1; d hall haveminimumof 32"wide x 80"Minh (per leaf Moors shall he h avy-duty,fiush, a)-hellew-steel�e lated tempered glass. As a minimum requiremePit—, beIlow RtRAl dnnrg Aral' hA4u4ly4nsulated, C 1- 9Ggd-rare-weed dGGH; Rd-hellew Steel-deers-shall Page 7 of 20 r� ,,��ff INITIALS:LESSOR� GOV'T J1 Supplemental Lease Requirements be-at-leasta-ra;he&4hickleer�assemblies-shall-be-ef-durabl n-aestheNGafly-pleasmg • appearance-asseP se�T.,s^-opening-dimeneieas-and--eperatiea&fie-the geverning_buil'''^a,., s.,±i^ty--assesslbilityfier-the-disabled-and-energysedes-and/eu'equirements- 11. DOORS: INTERIOR(SEP 2000) (a) TENANT IMPROVEMENT INFORMATION: Doors within the Government-demised area shall be provided as part of the Tenant Improvements at the Government's expense and shall have a minimum clear opening of 32"wide x 80" high. Doors shall meet the requirements of being a flush, solid-core, wood door with a natural wood veneer face or an equivalent pre-approved by the Contracting Officer. Hollow core wood doors are not acceptable. They shall be operable with a single effort and shall be in accordance with National Building Code requirements. Doors shall be installed in a metal frame assembly, primed and finished with a low VOC semi-gloss oil based paint with no formaldehyde. 12. DOORS: HARDWARE(SEP 2000) (a) BUILDING SHELL: Doors shall have door handles or door pulls with heavyweight hinges. All doors shell have doorstops (wall- or floor-mounted) and silencers. All public use doors and toilet room doors shall be equipped with kick plates. Exterior doors and all common area doors shall have automatic door closers. All building exterior doors shall have locking devices installed to reasonably deter unauthorized entry. Properly rated and labeled fire door assemblies shall be installed on all fire egress doors. (b) TENANT IMPROVEMENT INFORMATION: Doors shall have door handles or door pulls with heavyweight hinges. All doors shall have doorstops (wall- or floor-mounted) and silencers. All door entrances leading into the Government-demised area from public corridors and exterior doors shall have automatic door closers. Doors designated by the Government shall be equipped with 5-pin, tumbler cylinder locks, and strike plates. All locks shall be master-keyed. The Government shall-be furnished with at least two master keys for each lock 13. PARTITIONS: GENERAL(SEP 2000) (a) BUILDING SHELL: Partitions in public areas shall be marble, granite, hardwood, sheet-rock covered with durable vinyl wall covering, or an equivalent pre-approved by the Contracting Officer. PARTITIONS: PERMANENT(SEP 2000) (a) BUILDING SHELL: Permanent partitions shall extend from the structural floor slab to the structural ceiling slab. They shall be provided by the Lessor at the Lessor's expense as necessary to surround the Government-demised area, stairs, corridors, elevator shafts, toilet rooms, all columns, and janitor closets. They shall have a flame spread rating of 25 or less and a smoke development rating of 50 or less (ASTM E-84). Stairs, elevators, and other floor openings shall be enclosed by partitions and shall have the fire resistance required by National Fire Protection Association (NFPA) Standard 101, Life Safety Code. PARTITIONS: SUBDIVIDING(SEP 2000) (a) BUILDING SHELL: Any demolition of existing improvements that is necessary to satisfy the Government's layout shall be done at the Lessor's expense. (b) TENANT IMPROVEMENT INFORMATION: 1. Office subdividing partitions shall comply with applicable building codes and local requirements and shall be provided at the expense of the Government. Partitioning shall extend from the finished floor to the finished ceiling and shall be designed to provide a sound transmission class (STC) of 37. Partitioning shall be installed by the Lessor at locations to be determined by the Government as identified in the design intent drawings. They shall have a flame spread rating of 25 or less and a smoke development rating of 50 or less(ASTM E-84). 2. HVAC shall be re-balanced and lighting repositioned, as appropriate, after installation of partitions. 3. Partitioning requirements may be met with existing partitions if they meet the Government's standards and layout requirements. 14. FLOORS AND FLOOR LOAD(JUN 1997) All adjoining floor areas must be of a common level, non-slip, and acceptable to the Contracting Officer. Underfloor surfaces must be smooth and level. Office areas shall have a minimum live load capacity of 50 pounds per ANSIBOMA Office Area square foot plus 20 pounds per ANSIBOMA Office Area square foot for moveable partitions. Storage areas shall have a minimum live load capacity of 100 pounds per ANSIIBOMA Office Area square foot including moveable partitions. A report showing the floor load capacity, at no cost to the Government, by a registered professional engineer may be required. Calculations and structural drawings may also be required. 15. ELECTRICAL: GENERAL(SEP 2000) The Lessor shall be responsible for meeting the applicable requirements of local codes and ordinances. When conflict,the more stringent standard shall apply. Main service facilities shall be enclosed. The enclosure may not be used for storage or other Page 8 of 20 INITIALS:LESSOR GOWT Supplemental Lease Requirements purposes and shall have door(s) fitted with an automatic deadlocking latch bolt with a minimum throw of 1/2 inch. Distribution panels shall be circuit breaker type with 10 percent spare power load and circuits. ELECTRICAL: DISTRIBUTION (SEP 2000) (a) BUILDING SHELL: 1. Main power distribution switchboards and distribution and lighting panel boards shall be circuit breaker type with copper buses that are properly rated to provide the calculated fault circuits. All power distribution panel boards shall be supplied with separate equipment ground buses. All power distribution equipment shall be required to handle the actual specified and projected loads plus 10 percent spare load capacity. Distribution panels are required to accommodate circuit breakers for the actual calculated needs plus 10 percent spare circuits that will be equivalent to the majority of other circuit breakers in the panel system. All floors shall have 120/208 V, 3-phase, 4-wire with bond, 60 hertz electric service available. 2. Main distribution for standard office occupancy shall be provided at the Lessor's expense. In no event shall such power distribution (not including lighting and HVAC)for the Government-demised area fall below 7 W per ANSI/SOMA Office Area square foot. F 3. Convenience outlets shall be installed in accordance with NFPA Standard 70, National Electrical Code, or local code, whichever is more stringent. (b) TENANT IMPROVEMENT INFORMATION: 1. All electrical, telephone, and date outlets within the Government-demised area shall be installed by the Lessor at the expense of the Government in accordance with the design intent drawings. All electrical outlets shall be installed in accordance with NFPA Standard 70, or local code,whichever is more stringent. 2. All tenant outlets shall be marked and coded for ease of wire tracing; outlets shall be circuited separately from lighting. All floor outlets shall be flush with the plane of the finished floor. 3. The Lessor shall ensure that outlets and associated wiring (for electricity, voice, and data) to the workstation(s) shall be safely concealed in partitions, ceiling plenums, in recessed floor ducts, under raised flooring, or by use of a method acceptable to the Contracting Officer. In any case, cable on the floor surface shall be minimized. E-L-E-GT-RICAL=ADDITION,4L-0Icrolol l��. ,�,UTIONION SPECIFICATIONS if the Offeror-proposes that-boilding-maiatenaRGe-w%I4"e-the-respeasibili ­f the Government,theissor-shall-prevideduplex utility outlets in toilets, rrder-s, nd-disp nGe purpssesatnosest4Gthe-G.,ver,T,efat—Fuses-aad circuit brP.RkaF9 shall be -marked-erlab led to'dentif's'GiMURSGr-equipm ^•fro^ugh4hem, 16. TELEPHONE, DATA,AND ELECTRICAL: SYSTEMS FURNITURE The Lessor shall provide separate telephone, data, and electrical junction boxes for the hard wiring or base feed telephone, data, and electrical cable.) The Lessor shall provide all electrical service wiring, and shall install the Government-provided wiring harness that connects to the furniture raceway. The furniture vendor will complete the final connection to the furniture. Electrical outlets serving workstations shall be installed on the basis of four(4) outlets per 20 amp circuit. 4a:AS-BUII T FI=,,_I 00R0R PI AMR %Mthin thirty (30) days after a pa Gy—one-eioth4nGh-a Rt4 LI GFpl n6-shGwllly theSpace under lease a well a corridors, � stern and Gere areas, must ben g-Oft v!Gl d e-the-GoR#antinGer—A-com sign puter-aided design (CAD) d.,kette(sy:,fl� as built floor P12FIS showing the npaGe-Hnd r lease, as ell as staipNays, and core areas, must be provi;.Vert to the Contracting OffiGer. The diskeftere h..11,9name, address, wing(e) -n- B-aFGhiteet-and phen standard AI layering-format The Lassoesoperator will demonstrate A I hnmg n GR.A a mew—if�eymvte�e�oentraGtng OfflGer. the-digital-data-(files-shall-be-Gleaa-aad-purged)-&ha'Tbe-de4v :ed-Ga-3-142-4nG14-4gh-deRsity diskettes or if e Gved-by-the Contracting Office OR fin ROM er QIC (1/4irnh rnrtHd . The plane shall he n teGAD R4ease-?000 rer L,t„r� a,.,n '3 g�P" format- 18. DRINKING FOUNTAINS The Lessor shall provide, on each floor of office space, a minimum of one chilled drinking fountain within every 150 feet of travel distance. 19. HEATING AND AIR CONDITIONING (SEP 2000) (a) BUILDING SHELL: 1. Temperatures shall conform to local commercial equivalent temperature levels and operating practices in order to maximize tenant satisfaction. These temperatures shall be maintained throughout the leased premises and service areas, regardless of outside temperatures, during the hours of operation specified in the lease. 2. Oaring man working he heating temperature all-net ti e provided except-a rn space tempeFatureshours, Page 9 of 20 INITIALS:LESSOR .,+If'y, GOWT Supplemental Lease Requirements ThRr Gistats-6hall-be-&eGu ed f"�••,a ual operation by key Or IGGked Gage. a key shall b � a � OfGse Manager. 3. Simultaneous heating and cooling are not permitted. 4. Areas having excessive heat gain or heat loss, or affected by solar radiation at different times of the day, shall be independently controlled. 20. VENTILATION (a) Outside air shall be provided to all office space for a minimum of 5 cubic feet per minute for each person. Economizer cycle free cooling, using outside air, may be used for cooling. (b) Toilet rooms shall be properly exhausted,with a minimum of 10 air changes per hour. 21. LIGHTING: INTERIOR AND PARKING (SEP 2000) (a) BUILDING SHELL: 1. The Lessor shall provide interior lighting, as part of the building shell cost, in accordance with the following: a. Modern, diffused fluorescent fixtures using no more than 2.0 W per ANSI/BOMA Office Area square foot shall be provided. Such fixtures shall be capable of producing a light level of 50 average maintained foot-candles at working surface height throughout the space. Tubes shall then be removed to provide 1) 30 foot-candles in portions of work areas other than work surfaces and 2) 1 foot-candle to 10 foot-candles, or minimum levels sufficient to ensure safety, in non-working areas. Exceptions may be granted by the GSA Buildings Manager. When the space is not in use by the Government, interior and exterior lighting, except that essential for safety and security purposes, shall be turned off. NOTE: if high resolution exterior security cameras are necessary for a particular lease, insert higher foot-candle requirements in last sentence. do not use higher requirements for all leases because there will be an increase in cost without a corresponding increase in value. b. Exterior parking areas, vehicle driveways, pedestrian walkways, and building perimeter shall have a minimum of 1 foot-candle of illumination and shall be designed based on Illuminating Engineering Society of North America (IESNA) standards. Exterior lighting and indoor parking shall be sufficient to accommodate security monitoring (i.e., closed circuit television camera). Indoor parking shall have a minimum of 10 foot-candles and shall be designed based on IESNA standards. c. The Lessor shall provide occupancy sensors and/or scheduling controls through the building automation system to reduce the hours that the lights are on when the space is unoccupied. Daylight dimming controls shall be used in atriums or other space where daylight can contribute to energy savings. d. Lighting shall be controlled by occupancy sensors arranged to control open areas, individual offices, conference rooms, toilet rooms within the Government-demised area, and all other programmed spaces or rooms within the leased space. The control system shall provide an optimal mix of infrared and ultrasonic sensors suitable for the configuration and type of space. Occupancy sensors shall be located so that they have a clear view of the roam or area they are monitoring. No more than 1,000 ANSIIBOMA Office Area square feet of open space shall be controlled by occupancy sensor. All occupancy sensors shall have manual switches to override the light control. Such switches shall be located by door openings in accordance with both the ADAAG and the UFAS. If light switches are to be used instead of occupancy sensors or in combination with occupancy sensors, the Offeror shall notify the Government during the negotiation process. 22. ELEVATORS (JAN 1997) (a) The Lessor shall provide suitable passenger and freight elevator service to all GSA-leased space not having ground level access. (b) CODE: Elevators shall conform to the current editions of the American National Standard A17.1, Safety Code for Elevators and Escalators, except that elevator cabs are not required to have a visual or audible signal to notify passengers during automatic recall. The elevator shall be inspected and maintained in accordance with the current requirements of the American National Standard A17.2, Inspector's Manual for Elevators. (c) The Government agency will be given 24-hour notice if the service is to be interrupted more than 1 1/2 hours. Interruption shall be scheduled for minimum inconvenience. (d) ENTRANCE The elevator entrance should provide a clear opening of at least 36 inches. The inside measurement shall be a minimum of 51 inches deep and 68 inches wide. 23 SF2 iorry T e-Lesse curify--whisp-reaso 1y4dete e-space4eased duty hours and-deters Ieiter ng-er-diswptiveacts inandareu r ng--th. ea&e 'ems—, the Government may peFfarm-peFiediG security Supveys Of the facility and may require relevant building RfeR'natier'to be Providedby the Lesser. Page 10 of 20 INITIALS:LESSOR .:. GOWT ��'r" Supplemental Lease Requirements 24. 'ACCESS TO SPACE The Government shall have unrestricted access to the office space, 365 days a year,24 hours per day. 25. CEILINGS (SEP 2000) (a) Ceilings shall be at least 8 feet, 0 inches and no more than 11 feet, 0 inches measured from floor to the lowest obstruction. Areas with raised flooring shall maintain these ceiling height limitations above the finished raised flooring. Bulkheads and hanging or surface-mounted light fixtures which impede traffic ways shall be avoided. Ceilings shall be uniform in color and appearance throughout the leased space,with no obvious damage to tiles or grid. (b) Ceilings shall have a minimum noise reduction coefficient(NRC)of 0.60 throughout the Government-demised area. (c) Prior to closing the ceiling, the Lessor shall coordinate with the Government for the installation of any items above the ceiling. F (d) Should the ceiling be installed in the Government-demised area prior to the Tenant Improvements, then the Lessor shall be responsible for all costs in regard to the disassembly, storage during alterations, and subsequent re-assembly of any of the ceiling components which may be required to complete the Tenant Improvements. The Lessor shall also bear the risk for any damage to the ceiling or any components thereof during the alterations. (a) Ceilings shall be a flat plane in each room and shall be suspended with ample light fixtures and finished as follows unless an alternate equivalent is pre-approved by the Contracting Officer: 1. Restrooms. Plaster or pointed and taped gypsum board. 2. Offices and Conference Rooms. Mineral and acoustical tile or lay in panels with textured or patterned surface and tegular edges or an equivalent pre-approved by the Contracting Officer. Tiles or panels shall contain recycled content 3. Corridors and Eating/Galley Areas. Plaster or pointed and taped gypsum board or mineral acoustical tile. 26. FLOOR COVERING AND PERIMETERS (SEP 2000) (a) BUILDING SHELL: 1. Exposed interior floors in primary entrances and lobbies shall be marble, granite,terrazzo, or an equivalent pre-approved by the Contracting Officer. Exposed interior floors in secondary entrances, elevator lobbies, and primary interior corridors shall be high-grade carpet, marble, granite, terrazzo, durable vinyl composite tile, or an equivalent pre-approved by the Contracting Officer. Resilient flooring, or an equivalent pre-approved by the Contracting Officer, shall be used in telecommunications rooms. Floor perimeters at partitions shall have wood, rubber, vinyl, marble, carpet base, or an equivalent pre-approved by the Contracting Officer. 2. Terrazzo, unglazed ceramic tile, recycled glass tile, and/or quarry tile shall be used in all toilet and service areas unless another covering is pre-approved by the Contracting Officer. CARPET—REPAIR OR REPLACEMENT: 1. Except when damaged by the Government, the Lessor shall repair or replace carpet at the Lessor's expense at any time during the lease term when: a. backing or underlay is exposed; b. there are noticeable variations in surface color or texture; or c. tears and tripping hazards are present. 2. Repair or replacement shall include the moving and returning of furnishings. Work shall be performed after normal working hours as defined elsewhere in this SFO. (c) RESILIENT FLOORING—REPAIR OR REPLACEMENT: 1. Except when damaged by the Government, the Lessor shall repair or replace resilient flooring at the Lessor's expense at any time during the lease term when: a. it has curls, upturned edges, or other noticeable variations in texture. 2. Repair or replacement shall include the moving and returning of furnishings. Work shall be performed after normal working hours as defined elsewhere in this SFO. (d) TENANT IMPROVEMENT INFORMATION: 1. Floor covering shall be either carpet or resilient flooring, as specified in the Government's design intent drawings. Floor perimeters at partitions shall have wood, rubber, vinyl, carpet base, or an equivalent pre-approved by the Contracting Officer. 2. The use of existing carpet may be approved by the Contracting Officer; however, existing carpet shall be repaired, stretched, and cleaned before occupancy and shall meet the static buildup requirement for new carpet. Page 1 I of 20 / 9 INITIALS:LESSOR "'"''�a°?f GOV'T Supplemental Lease Requirements �3. If the Government requires restrooms and/or shower rooms in the Government-demised area, floor covering shall be terrazzo, unglazed ceramic tile, and/or quarry tile. (e) INSTALLATION: Floor covering shall be installed in accordance with manufacturing instructions to lay smoothly and evenly. (f) SAMPLES: When floor covering is to be newly installed or changed, the Lessor shall provide the Government with a minimum of 7 different color samples of each type of floor covering. The sample and color shall be approved by GSA prior to installation. No substitutes may be made by the Lessor after sample selection. 27. CARPET: BROADLOOM(SEP 2000) (a) Any carpet to be newly installed shall meet the following specifications: w 1. Pile Yam Content. Pile yarn content shall be staple filament or continuous filament branded by a fiber producer(e.g.,Allied, DuPont, Monsanto, BASF, Talisman Mills, woolblend), soil-hiding nylon, or wool nylon blends or polyethylene terephthalate(PET) resin. 2. Environmental Requirements. The Lessor shall use carpet that meets the "Green Label" requirements of the Carpet and Rug Institute unless an exception is granted by the Contracting Officer. 3. Carpet Pile Construction. Carpet pile construction shall be level loop,textured loop, level cut pile, or level cut/uncut pile. 4. Pile Weight. Pile weight shall be a minimum of 26 ounces per square yard for level-loop or textured-loop construction. Pile weight shall be a minimum weight of 32 ounces per square yard for level-cut/uncut construction. 5. Secondary Back. The secondary back shall be jute or synthetic fiber for glue-down installation. 6. Density. The density shall be 100 percent nylon (loop and cut pile) with a minimum of 4,000; other fibers, including blends and combinations with a minimum of 4,500. 7. Pile Height. The maximum pile height shall be 1/2 inch (13 mm). Exposed edges of carpet shall be fastened to floor surfaces and shall have trim along the entire length of the exposed edge. 28. PAINTING(SEP 2000) (a) BUILDING SHELL: 1. The Lessor shall bear the expense for all painting associated with the building shell. These areas shall include all common areas. Exterior perimeter walls and interior core walls within the Government-demised area shall be spackled and prime painted with low VOC primer. If any building shell areas are already painted prior to Tenant Improvements,then the Lessor shall repaint, at the Lessor's expense, as necessary during Tenant Improvements. 2. Public areas shall be painted at least every 3 years. (b) TENANT IMPROVEMENT INFORMATION: 1. Prior to occupancy, all surfaces within the Government-demised area which are designated by GSA for painting shall be newly finished in colors acceptable to GSA. 2. Where feasible, reprocessed or consolidated latex paint with zero or low VOC shall be used in accordance with EPA's CPG on all painted surfaces. The type of paint shall be acceptable to the Contracting Officer. The Lessor shall follow the manufacturer's recommendations for the application and maintenance of all paint products. 3. Painted surfaces shall be repainted at the Lessor's expense, including the moving and returning of furnishings, any time during the occupancy by the Government if it is peeling or permanently stained, except where damaged due to the negligence of the Government. All work shall be done after normal working hours as defined elsewhere in this SFO. 4. If the Government desires cyclical repainting during the term of the lease,the cost will be borne by the Tenant Agency. 29. WINDOWS (SEP 1991) (a) Office space must have windows in each exterior bay unless waived by the Contracting Officer. (b) All windows shall be weathertight. Opening windows must be equipped with locks. Off-street, ground level windows and those accessible from fire escapes, adjacent roofs, and other structures that can be opened shall be fitted with a sturdy locking device. (c)For safety reasons,windows extending within 18 inches(457 mm)from the floor and located at least 10 feet(3 m) above grade shall be provided with a metal bar or other acceptable alternatives to GSA, on the interior window approximately 3 feet(0.9 m) above floor level, or anti-intrusion devices or break detectors. WINDOW COVERINGS (SEP 2000) (C)TENANT IMPROVEMENT INFORMATION: 1. Window Blinds. All exterior windows shall be equipped with window blinds in new or like new condition, which shall be provided as part of t Tenant Improvement Allowance. The blinds may be aluminum or plastic vertical blinds or Page 12 of 20 a INITIALS:LESSOR ,r""'F GOV'T Supplemental Lease Requirements horizontal blinds with aluminum slats of 1-inch width or less or an equivalent pre-approved by the Contracting Officer. The window blinds shall have non-corroding mechanisms and synthetic tapes. Color selection will be made by the Contracting Officer. 30. MAINTENANCE AND TESTING OF SYSTEMS (OCT 1996) (a) The Lessor is responsible for the total maintenance and repair of the leased premises. Such maintenance and repairs include site and private access roads. All equipment and systems shall be maintained to provide reliable, energy efficient service without unusual interruption, disturbing noises, exposure to fire or safety hazards, uncomfortable drafts, excessive air velocities, or unusual emissions of dirt. The Lessor's maintenance responsibility includes initial supply and replacement of all supplies, materials, and equipment necessary for such maintenance. Maintenance, testing, and inspection of appropriate equipment and systems must be done in accordance with applicable codes, and inspection certificates must be displayed as appropriate. Copies of all records in this regard shall be forwarded to the Field Office Manager or a designated representative. (b) Without any additional charge, the Government reserves the right to require documentation pf proper operations or testing prior to occupancy of such systems as fire alarm, sprinkler, emergency generator, etc. to ensure proper operation. These tests shall be witnessed by a representative of the Contracting Officer. 31. JANITORIAL SERVICES(SEP 2000) (a) The Lessor shall provide janitorial services for the leased space, public areas, entrances, and all other common areas and shall provide replacement of supplies. (b) SELECTION OF CLEANING PRODUCTS: The Lessor shall make careful selection of janitorial cleaning products and equipment to: 1. use products that are packaged ecologically; - 2. use products and equipment considered environmentally beneficial and/or recycled products that are phosphate-free, non-corrosive, non-flammable, and fully biodegradable; and 3. minimize the use of harsh chemicals and the release of irritating fumes. 4. Examples of acceptable products may be found at http.//pub.fss.gsa.gov/environ/clean-prod-catalog.html. (c) SELECTION OF PAPER PRODUCTS: The Lessor shall select paper and paper products(i.e.,bathroom tissue and paper towels)with recycled content conforming to EPA's CPG 32 GEI.I PAL_SAF�rE_r_rTV i 3 sr^moo.^ beve-grade-the-Iessor-sh^ a os61mentat4GR4hat-414e-buildictg+neefire arm requirements �,&r rsr.^d_by NF--A-Standard-N . 101 or equivate^r. KowevEF 4fa4-G#ered-spat .. 5 c!=r'c- �e_- above grade, 2) the total G^ T,..,.,.,:-4^aced-space-in-the building (all eases-combiaed)-will-be-less-tha, g&nn are-feet, and 3)the building is SpFiRklered,this decumerrtatio M.equired. 33. CODE VIOLATIONS(SEP 1991) Space offered must have a current occupancy permit issued by the local jurisdiction. Equipment, services, or utilities furnished and activities of other occupants shall be free of safety, health, and fire hazards. When hazards are detected, they must be promptly corrected at the Lessor's expense. 34. PORTABLE FIRE EXTINGUISHERS(SEP 1991) Portable fire extinguishers shall be provided, inspected, and maintained by the Lessor in accordance with National Fire Protection Association (NFPA) Standard No. 10. 35. S-T-ANDP-IP-E-S-(9E-R4-9&1) - Standpipe `man hhe-pro,Aded-lh.^rtGGvernrnent-0GGupaRGY is four GFmC e floors above gr.,,l.. And shall CARfp M to coo Standard-Ne-,14- 36--9Po NKLER SveT'6) Automatic vk!e requiremems-area&#ellews (a) ifany-pertien-ef-the offered-spa^^ is on or Ah^„p.the nth roe. and lease of the ffered-&paGe,. ri r.__u e:theMndMdually GFIn-GGmbinatie. with otherr ,h Gffered building, jt„he-Govemune„f leasing more th'�an-3fr0004 SOMA ANS4/99MA-GA a Area Square Feet of s ___ .^ fh�ffe�d h 'ding-then I e-entire-building-must-be-pretesta"y-an autem2tiG sprinkler System. ) Wherever required in the building, automatic spripiklers shall nnnfarm to NFRA Standard Nn 11. hem '^tamed4n-aGGGrdaRce with-NPPA-Sta,aarrfa�^,n�,� agn haw"eGtFoGally supervised GGAtF01 valves (NFPn Standard No. 13) and have-water-flaw m alar -switshes-GenneGted to autematiGaW, notify the lanai f e department (Ncoe eta^rl^r.l rill 72) or pproved-Gentral station (INIFPA Standard NG.24Y 37. MANUAL FIRE ALARM SYSTEMS (OCT 1996) Page 13 of 20 INITIALS:LESSOR -"`'�. GOV'T Supplemental Lease Requirements (a) Manual fire alarm systems shall be provided in accordance with NFPA Standard 101 (current as of the date of this solicitation). Systems shall be maintained and tested by the Lessor in accordance with NFPA Standard 72. (b) The fire alarm system wiring and equipment must be electrically supervised and automatically notify the local fire department (NFPA Standard No. 72) or approved central station. Emergency power must be provided in accordance with NFPA Standards No. 70 and 72. 38. EXIT AND EMERGENCY LIGHTING Emergency lighting must provide at least 0.5 foot-candle of illumination throughout the exit path, including exit access routes, exit stairways, or other routes such as passageways to the outside of the building. The emergency lighting system used must be such that it will operate even if the public utility power fails, except that in buildings 6 stories or less, the system may be powered from connections to separate substations or to a network system from the public utility. Automatic switching must be provided for the emergency power supply. 39. FIRE DOORS i Fire doors shall conform with NFPA Standard No. 80. - 40. INDOOR AIR QUALITY(OCT 1996) (a)The Lessor shall control contaminants at the source and/or operate the space in such a manner that the GSA indicator levels for carbon monoxide (CO), carbon dioxide (CO2 ), and formaldehyde (HCHO) are not exceeded. The indicator levels for office areas are as follows: CO-9 parts per million (PPM)time weighted-average (TWA-8-hour sample); CO2- 1000 PPM (TWA); HCHP-0.1 PPM (TWA). (b) The Lessor shall make a reasonable attempt to apply insecticides (except traps), paints, glues, adhesives, and heating, ventilating and air conditioning (HVAC) system cleaning compounds with highly volatile or irritating organic compounds, outside of working hours. The Lessor shall provide advance notice to the tenant before applying noxious chemicals in occupied spaces, and adequate ventilation in those spaces during working hours during and after application. (c) The Lessor shall, at all times, supply adequate ventilation to the leased premises with air having contaminants below OSHA or EPA action levels and permissible exposure limits, and without noxious odors or dusts. The Lessor shall conduct HVAC system balancing after all HVAC system alterations; and make a reasonable attempt to schedule major construction outside of office hours. (d) The Lessor shall promptly investigate indoor air quality (IAQ) complaints and shall implement controls including alteration of building operating procedures (e.g.. adjusting air intakes, adjusting air distribution, cleaning and maintaining HVAC, etc.), to address such complaints. (e) The Government reserves the right to conduct independent IAQ assessments and detailed studies in space it occupies, as well as in space serving the Government-leased space (e.g.. common use areas, mechanical rooms, HVAC systems, etc.). The Lessor shall assist the Government in its assessments and detailed studies by making available information on building operations and Lessor activities, and providing access to space for assessment and testing, if required, and implement corrective measures required by the Contracting Officer. 41. OSHA REQUIREMENTS(OCT 1996) The Lessor shall maintain buildings and space in a safe and healthful condition according to the Occupational Safety and Health Administration (OSHA)Standards. 42. D3AT-A DISTR1BUT4ON4%EP-2^W (a) TENANT IMRRC)N1F=MCN14_N42 1�nf,At1 '. Tr.4... (-`ov..,n dent-&hall-a ' :peRse be . s ble ter.. FGh2gill and installing data Gable. T e-kessa sI.Tohall e.......�IV..,1 dRtA outlets And the BGlate'f , used to transmitr ata to wG*&tatJGn&-&hall-b., Safely GGRGealed in flGer- S I&-, GGINmns. or below a flooring. The Lessor shall prav4 !96_an4-pHl�-6triRg6-tG-fa6ilitate the 'notes lIRt'n of the data Gable AAAaen-Gab.e-G i&t �rGf m Itn It'ple_FURS the I e&ser—Shale Ins r_type rn.bl�ayr&—to insure that Gevern..,e�;Gvided�able-dee6-aot GA P. nto n mast-with 4'-suspende G^ . tea ,lys-shat" 4l-ferm-a-loop around the Perimeter of the (-n ^mmnnt .dem 1 ise area, Ah that they a within a 30 foot-,@4RGh-hurl al-dk6tanGe-Bt-any -Arep single . .• 43. TELECOMMUNICATIONS AND ELECTRICAL DISTRIBUTION (a) The Lessor shall be responsible for providing and installing all conduit and electrical wiring from the telecommunications and electrical equipment rooms on each floor to all outlets in Government leased space. All electrical,telephone and data outlets within the Government demised area shall be installed by the Lessor in accordance with the design intent drawings. All outlets shall be provided with rings and pull strings to facilitate the installation of the data cable. The Government shall be responsible for purchasing and installing said cable for tele/data communications. The Government reserves the right to install all telephone switches, vertical and horizontal wiring/cable and equipment for telephone and data. Wiring to or for local area networks may also be provided and installed by the Government's Contractor. Page 14 of 20 '' INITIALS:LESSOR "'�'"" _ GOV'T y� Supplemental Lease Requirements (G) Provide commercial grade duplex or fourplex wall er-floor-receptacles. The maximum number of general purpose duplex receptacles on a 20 amp branch circuit is eight (8). Duplex outlets shall be circuited separately from the lighting. All branch-circuit wiring shall consist of copper conductors. Conductors for branch circuits shall be sized to prevent voltage drop exceeding 3 percent at the furthest receptacle. Au a f^ " ^ ^ate �^,ma k=! c^a c d fc. •z a^ciag All-floor-eutlets-m6i&t- =n��,.;f,.,.e- ago€rl,,efw&I�fl^er. 44. CONSTRUCTION SCHEDULE (a) Within 5 days after award of the lease contract, the successful Offeror shall submit to the Contracting Officer a tentative construction schedule giving the dates on which the various phases of construction will be completed to coincide with the Government's required occupancy date. Refer to the "Occupancy Date" paragraph in the SUMMARY section of this SFO. The finalized schedule shall be submitted no later than 10 days after award. (b) The schedule shall include timing for completion of design and construction milestones iincluding, but not limited to: 1) submittal of preliminary plans and specifications; 2) submittal of other working drawings; 3) issuance of a building permit; 4)completed construction documents; 5) start of construction; 6)completion of principal categories of work; 7) phased completion and availability for occupancy of each portion of the Government-demised area (by floor, block, or other appropriate category); and 8)final construction completion. 4cS_—RR0C1`RCC--oCo_�.�y_� (C D CPORTS�L_�ED 2000) A#er start of censfrust erg ai th n^.,^�o.�,.,. �.,^^f c all-sabaNt--te-the- R#aGtiRg-Q fiver; •{4 ^rts at r tewaI of>d C^ 4 .f 4. II RGlad..-:.oferm..atiGn-as-tG \ f '^,tea-p:agre``"-,LY �ys.�tar-rem'^ Ti�.,�ge-0 e-w6rk completed b hose ^a tF2dej�\ ^ f..f^^,^^f^�fo ected GG pleti•^ nd-e ^ c ha ' 'reduGedanfe-the ^orrrp.�.,� phase _.. .,�-s�,�-Qo-.'tip_ ^.'.r._.._.. csupano;'i�c 'agec,a.ro work; and-4)-gene. al- ,L� nh items ..f^ ^I shortages, 61r'L..f atha etc-. 4n-add.f o .,i 14.e-GGv�r:'.rner rtt s N^ I w diSGret� o^r— aGt&h 6Bn lYe_kly- ^^f'^� fie brief _......_^f^r_rsenn a cf/Gr-6Bf#traGtars�� progress-of-desga-and--G,s#fuct' f�ment-demised-area- -O,uGh-n.ee'.'^;o cha b., pld at a ,'^Gation-te-be designate d44y4he C-Gvem.,eRt. 46. CONSTRUCTION INSPECTIONS (a) Construction inspections will be made periodically by the Contracting Officer and/or designated technical representatives to review compliance with the SFO requirements and the final working drawings. (b) Periodic reviews, tests, and inspections by the Government are not to be interpreted as resulting in any approval of the Lessor's apparent progress toward meeting the Government's objectives but are intended to discover any information which the Contracting Officer may be able to call to the Lessor's attention to prevent costly misdirection of effort. The Lessor shall remain completely responsible for designing, constructing, operating, and maintaining the building in full accordance with the requirements of this SFO. nv�� FLOOR P-1.4Wa_AFTRR nrrz��_o 0O__Ar�C.iRnrlry W[ffi 30-days-a#ter--essupancy-as-bwft4nylar ^,�. �+,.e�l^ f_a fl_er-pla.,S-sGalec' c+, ?/u" _ ' 0",shewR94"^ cpaGe ..^e'er lease,as well ae-Gorridors, stairwaysa.,d-Gefe-are ^4•^I�s 'moo: 'mod-.'^the-GeakasfiRg Off+ceF. 48.TOILET ROOMS (SEP 2000) (a) BUILDING SHELL: 1. Separate toilet facilities for men and women shall be provided on each floor occupied by the Government in the building. The facilities shall be located so that employees will not be required to travel more than 200 feet, 0 inches on one floor to reach the toilets. Each toilet room shall have sufficient water closets enclosed with modern stall partitions and doors, urinals (in men's room), li f� !wee rdaRGe :A ^appUG5!e-building Codes) and cold water. Water rr -- closets and urinals shall not be visible when the exterior door is open. 2. Each main toilet room shall contain the following equipment: a. a mirror above the lavatory; b. a toilet paper dispenser in each water closet stall, that will hold at least two rolls and allow easy, unrestricted dispensing; C. a coat hook on the inside face of the door to each water closet stall and on several wall locations by the lavatories; d. at least one modern paper towel dispenser, soap dispenser, and waste receptacle for every two lavatories; e. a coin-operated sanitary napkin dispenser in women's toilet rooms with a waste receptacle for each water closet stall; f. ceramic tile, recycled glass tile,or comparable wainscot from the floor to a minimum height of 4 feet, 6 inches; g. a disposable toilet seat cover dispenser; and Page 15 of 20 INITIALS:LESSOR GOV'T /<✓ Supplemental Lease Requirements h. a counter area of at least 2 feet, 0 inches in length, exclusive of the lavatories (however, it may be attached to the lavatories) with a mirror above and a ground fault interrupt-type convenience outlet located adjacent to the counter area. (b) If newly installed, toilet partitions shall be made from recovered materials as listed in EPA's CPG. GENERAL CLAUSES (Acquisition of Leasehold Interests in Real Property) 1. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (Variation) (SEP 2001) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available or the full text may be found on the Internet as GSA Form 3517B at http://www.gsa.gov/Portal/offering.jsp?OID=l13404. The term"usable" in reference to square footage in any of these clauses means "ANSI/BOMA Office Area." 2. The following clauses are incorporated by reference: Category Clause No. 48 CFR Ref. Clause Title DEFINITIONS 1 552.270-4 Definitions (SEP 1999) GENERAL 2 552.270-5 Subletting and Assignment(SEP 1999) 3 552.270-11 Successors Bound (SEP 1999) 4 552.270-23 Subordination, Nondisturbance and Attornment SEP 1999 5 552.270-24 Statement o Lease (S P 1999) 6 552.270-25 Substitution of Tenant Agency (SEP 1999) 7 552.270-26 No Waiver (SEP 1999) 8 552.270-27 Integrated Agreement (SEP 1999) 9 552.270-28 Mutuality of Obligation (SEP 1999) PERFORMANCE 10 552.270-17 Delivery and Condition (SEP 1999) 11 552.270-18 Default in Delivery -Time Extensions (SEP 1999) 12 552.270-19 Progressive Occupancy (SEP 1999) 13 552.270-21 Effect of Acceptance and Occupancy (SEP 1999) 14 552.270-6 Maintenance of Building and Premises-Right of Entry (SEP 1999) 15 552.270-10 Failure in Performance (SEP 1999) 16 552.270-22 Default by Lessor During the Term SEP 1999) 17 552.270-7 ire and Casualty Damage (SEP 1999) 18 552.270-8 Compliance with Applicable Law (SEP 1999) 19 552.270-12 Alterations (SEP 1999) 20 552.270-29 Acceptance of Space (SEP 1999) INSPECTION 21 552.270-9 Inspection-Right of Entry (SEP 1999) PAYMENT 22 552.232-75 Prompt Payment (SEP 1999) 23 552.232-76 Electronic Funds Transfer Payment (SEP 1999) (Variation) 24 552.232-70 Invoice Requirements SEP 1999) 25 52.232-23 Assignment of Claims (JAN 1986) (Applicable to leases over$2,500) 26 552.270-20 ayment (SEP 1999) (Variation) STANDARDS OF 27 552.203-5 Covenant Against Contingent Fees CONDUCT (FEB 1990) (Applicable to leases over$100,000.)) 28 52.203-7 Anti-Kickback Procedures (JUL 1995) 29 52.223-6 Drug-Free Workplace (JAN 1997) Page 16 of 20 / ` t INITIALS:LESSOR OOTT t '� Supplemental Lease Requirements _ ADJUSTMENTS 30 552.203-70 Price Adjustment for Illegal or Improper Activity (SEP 1999) (Applicable to leases over$100,000.) 31 52.215-10 Price Reduction for Defective Cost or Pricing Data (OCT 1997) 32 552.270-13 Proposals for Adjustment (SEP 1999) 33 552.270-14 Changes (SEP 1999) AUDITS 34 552.215-70 Examination of Records by GSA(FEB 1996) 35 52.215-2 Audit and Records—Negotiation (JUN 1999) DISPUTES 36 52.233-1 Disputes (DEC 1998) LABOR 37 52.222-26 Equal Op ortunity (FEB 1999) STANDARDS (Applicabee to leases over$10,000) 38 52.222-24 Preaward On-Site Equal Opportunit Compliance Evaluation (FEB 1999) (Applicable to leases over$10.000,000. 39 52-222-21 Prohibition of Segregated Facilities (FEB 1999) (Applicable to leases over$10,000.) 40 52.222-35 Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (APR 1998) (A plicable to leases over$10,000.)) 41 52.222-36 Affirmative Action for Workers with Labilities (JUN 1998) (Applicable to leases over$2,500) 42 52.222-37 Employment Reports on Disabled Veterans and Veterans of the Vietnam Era (JAN 1999) (Applicable to leases over$10,000.) SUBCONTRACTING 43 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment(JUL 1995) (Applicable to leases over$25,000.) 44 52.215-12 Subcontractor Cost or Pricing Data (OCT 1997) 45 52.219-8 Utilization of Small Business Concerns (OCT 2000) 46 52.219-9 Small Business Subcontracting Plan (OCT 2000) (Applicable to leases over$500,000.) 47 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999) Applicable to leases over$500,000.) The information collection requirements contained in this solicitation/contract, that are not required by regulation, have been a proved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Co ntro PN o. 3090-0163. Page 17 of 20 INITIALS:LESSOR J" � GOWT Supplemental Lease Requirements REPRESENTATIONS AND CERTIFICATIONS (Short Form) Solicitation Number Dated (Simplified Acquisition of Leasehold Interests in Real Property for Leases Up to$100 000 Annual Rent) GS-09B-01 291 Complete appropriate boxes, sign the form, and attach to offer. The Offeror makes the following Representations and Certifications. NOTE: The "Offeror,"as used on this form, is the owner of the property offered, not an individual or agent representing the owner. 1. SMALL BUSINESS REPRESENTATION (SEP 1999) (a) It [ ] is, N is not a small business. "Small' means a concern, including its affiliates, that is independently owned and operated, is not dominant in the field of operation, and has average annual gross revenues of$15 million or less for the preceding three fiscal years.The standard industrial classification (SIC)code for this acquisition is 6515. (b) It[ ] is, X is not a small disadvantaged business. (See 48 CFR 52.219-1 for definition.) " (c) It[ ] is, [)q is not a women-owned small business(other than a small business). (See 48 CFR 52.204-5 for definition) 2. 52.222-22- PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 1984) (Applicable to leases which exceed $10,000.) The Offeror represents that-- (a) It [ ] has, N has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; (b) It[ ]has, X has not fled all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (Approved by OMB under Control Number 1215-0072.) 3. 52.222-25-AFFIRMATIVE ACTION COMPLIANCE(APR 1984) (Applicable to leases which exceed$10,000.) (Applicable to contracts which include the clause at FAR 52.222-26, Equal Opportunity.) The Offeror represents that-- (a) It N has developed and has on file, [ ] has not developed and does not have on file, at each establishment affirmative action programs required by the rules and regulations of the Secretary of Labor(41 CFR 60-1 and 60-2), or (b) It [ 1 has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (Approved by OMB under Control Number 12 5-0072.) 4. 52.203-11 - CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991) (DEVIATION) (Applicable to leases which exceed$100,000.) (a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, are hereby incorporated by reference in paragraph (b) of this certification. (b) The offeror, by siggning its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989,-- (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of a contract resulting from this solicitation. (2) If any funds other than Federal apppropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit,with its offer, OMB standard form LLL, Disclosure of Lobbying Activities,to the Contracting Officer; and (3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of$100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than$10,000, and not more than$100,000,yfor each such failure. Page 18 of 20 r+ /dam/�1 INITIALS:LESSOR�'"°_�„/' GOWT "1 ,Ig Supplemental Lease Requirements 5. 52.204-3-TAXPAYER IDENTIFICATION (JUN 1997) (a) Definitions. "Common parent," as used in this solicitation provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. "Taxpayer Identification Number(TIN);"as used in this solicitation provision, means the number required by the IRS to be used by the offeror in reporting income tax and other returns. (b) All offerors must submit the information re uired in paragraphs (d) through (f) of this provision to comp)yy with debt collection requirements of 31 U.S.C. 77017c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR)4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract. (c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (d) Taxpayer Identification Number(TIN). TIN 95-6000757. TIN has been applied for. _ TIN is not required because: Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; Offeror is an agency or instrumentality of a foreign government; Offeror is an agency or instrumentality of the Federal government; (d) Type of organization. * Sole proprietorship; Partnership; Not a corporate entity: Corporate entity(not tax-exempt); * Corporate entity(tax-exempt); *X Government entity(Federal, State,or local); * Foreign government; * International organization per 26 CFR 1.6049-4; Other (e) Common Parent. Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision. Name and TIN of common parent: Name TIN 6. OFFEROR'S DUNS NUMBER (APR 1996) Enter number, if known: UKN Name and Address (Including ZIP Code) Telephone Number OFFEROR OR AUTHORIZED REPRESENTATIVE Signature Date Page 19 of 20 INITIALS:LESSOR _„lr �+i GOWT V��"� Supplemental Lease Requirements GENERAL CLAUSES (Acquisition of Leasehold Interests in Real Property) CATEGORY Clause No. 48 CFR Ref. Clause Title DEFINITIONS 1 552.270-4 Definitions GENERAL 2 552.270-5 Subletting and Assignment 3 552.270-11 Successors Bound 4 552.270-23 Subordination, Nondisturbance and Attornment 5 552.270-24 Statement of Lease 6 552.270-25 Substitution of Tenant Agency 7 552.270-26 No Waiver 8 552.270-27 Integrated Agreement 9 552.270-28 Mutuality of Obligation PERFORMANCE 10 552.270-17 Delivery and Condition 11 552.270-18 Default in Delivery-Time Extensions (Variation) 12 552.270-19 Progressive Occupancy 13 552.270-21 Effect of Acceptance and Occupancy 14 552.270-6 Maintenance of Building and Premises-Right of Entry 15 552.270-10 Failure in Performance 16 552.270-22 Default by Lessor During the Term 17 552.270-7 Fire and Casualty Damage 18 552.270-8 Compliance with Applicable Law 19 552.270-12 Alterations 20 552,270-29 Acceptance of Space INSPECTION 21 552.270-9 Inspection-Right of Entry PAYMENT 22 552.232-75 Prompt Payment 23 552.232-76 Electronic Funds Transfer Payment (Variation) 24 552.232-70 Invoice Requirements 25 52.232-23 Assignment of Claims 26 552.270-20 Payment(Variation) STANDARDS OF 27 552.203-5 Covenant Against Contingent Fees CONDUCT 28 52.203-7 Anti-Kickback Procedures 29 52.223-6 Drug-Free Workplace ADJUSTMENTS 30 552.203-70 Price Adjustment for Illegal or Improper Activity 31 52.215-10 Price Reduction for Defective Cost or Pricing Data 32 552.270-13 Proposals for Adjustment 33 552.270-14 Changes (Variation) AUDITS 34 552.215-70 Examination of Records by GSA 35 52.215-2 Audit and Records-Negotiation DISPUTES 36 52.233-1 Disputes INITIALS: + �°`a�l%' & 1JXIA LESSOR GOVERNMENT GSA FORM 3517B PAGE 1 (REV 9/01) LABOR STANDARDS 37 52.222-26 Equal Opportunity 38 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation 39 52.222-21 Prohibition of Segregated Facilities 40 52.222-35 Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era 41 52.222-36 Affirmative Action for Workers with Disabilities 42 52 222-37 Employment Reports on Disabled Veterans and Veterans of the Vietnam Era SUBCONTRACTING 43 52.209-6 Protecting the GoveFnment's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment 44 52,215-12 Subcontractor Cost or Pricing Data 45 52.219-8 Utilization of Small Business Concerns 46 52.219-9 Small Business Subcontracting Plan 47 52.219-16 Liquidated Damages- Subcontracting Plan INITIALS: LESSOR GOVERNMENT GSA FORM 3517E PAGE 2(REV 9/01) GENERAL CLAUSES (Acquisition of Leasehold Interests in Real Property) 1. 552.270-4 - DEFINITIONS (SEP 1999) The following terms and phrases (except as otherwise expressly provided or unless the context otherwise requires) for all purposes of this lease shall have the respective meanings hereinafter specified: (a) "Commencement Date" means the first day of the term. (b) "Contract" and"Contractor" means "Lease" and"Lessor," respectively. (c) "Contracting Officer" means a person with the authority to enter Into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer. (d) "Delivery Date" means the date specified in or determined pursuant to the provisions of this lease for delivery of the premises to the Government, improved in accordance with the provisions of this lease and substantially complete, as such date may be modified In accordance with the provisions of this lease. (e) "Delivery Time" means the number of days provided by this lease for delivery of the premises to the Government, as such number may be modified in accordance with the provisions of this lease. (f) "Excusable Delays" mean delays arising without the fault or negligence of Lessor and Lessor's subcontractors and suppliers at any tier, and shall include, without limitation, (1) acts of God or of the public enemy, (2) acts of the United States of America in either its sovereign or contractual capacit , (3) acts of another contractor in the performance of a contract with the Government, (4}yfires, (5) floods, (6) epidemics, (7) quarantine restrictions, (8) strikes, (9) freight embargoes, (10) unusually severe weather, or (11) delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the Lessor and any such subcontractor or supplier. (g) "Lessor" means the sub-lessor if this lease is 8 sublease. (h) "Lessor shall provide" means the Lessor shall furnish and install at Lessor's expense. (i) "Notice" means written notice sent by certified or registered mail, Express Mail or comparable service, or delivered by hand. Notice shall be effective on the date delivery is accepted or refused. Q) "Premises" means the space described on the Standard Form 2, U.S. Government Lease for Real Property, of this lease. (k) "Substantially complete" and "substantial completion" means that the work, the common and other areas of the building, and all other things necessary for the Government's access to the premises and occupancy, possession, use and enjoyment thereof, as provided in this lease, have been completed or obtained, excepting only such minor matters as do not interfere with or materially diminish such access, occupancy, possession, use or enjoyment. (1) "Work" means all alterations, improvements, modifications, and other things required for the preparation or continued occupancy of the premises by the Government as specified in this lease. 2. 552.270-5 -SUBLETTING AND ASSIGNMENT (SEP 1999) The Government may sublet any part of the premises but shall not be relieved from any obligations under this lease by reason of any such subletting. The Government may at any time assign this lease, and be relieved from all obligations to Lessor under this lease excepting only unpaid rent and other liabilities, if any, that have accrued to the date of said assignment. Any assignment shall be subject to prior written consent of Lessor, which shall not be unreasonably withheld. 3. 552.270-11 SUCCESSORS BOUND (SEP 1999) This lease shall bind, and inure to the benefit of, the parties and their respective heirs, executors, administrators, successors, and assigns. INITIALS: y�� •-��" & `��� LESSOR GOVERNMENT GSA FORM 3517E PAGE 3(REV 9/01) 4. 552.270-23 -SUBORDINATION, NONDISTURBANCE AND ATTORNMENT(SEP 1999) (a) Lessor warrants that it holds such title to or other interest in the premises and other property as is necessary to the Government's access to the premises and full use and enjoyment thereof in accordance with the provisions of this lease. Government agrees, in consideration of the warranties and conditions set forth in this clause, that this lease is subject and subordinate to any and all recorded mortgages, deeds of trust and other liens now or hereafter existing or imposed upon the premises, and to any renewal, modification or extension thereof. It is the intention of the parties that this provision shall be self-operative and that no further instrument shall be required to effect the present or subsequent subordination of this lease. Government agrees, however, within twenty (20) business days next following the Contracting Officer's receipt of a written demand, to execute such instruments as Lessor may reasonably request to evidence further the subordination of this lease to any existing or future mortgage, deed of trust or other security interest pertaining to the premises, and to any water, sewer or access easement necessary or desirable to serve the premises or adjoining property owned in whole or in part by Lessor if such easement does not Interfere with the full enjoyment of any right granted the Government under this lease. (b) No such subordination, to either existing or future mortgages, deeds of trust or other lien or security instrument shall operate to affect adversely any right of the Government under this lease so long as the Government Is not in default under this lease. Lessor will include in any future mortgage, deed of trust or other security instrument to which this lease becomes subordinate, or in a separate nondisturbance agreement, a provision to the foregoing effect. Lessor warrants that the holders of all notes or other obligations secured by existing mortgages, deeds of trust or other security instruments have consented to the provisions of this clause, and agrees to provide true copies of all such consents to the Contracting Officer promptly upon demand. (c) In the event of any sale of the premises or any portion thereof by foreclosure of the lien of any such mortgage, deed of trust or other security Instrument, or the giving of a deed in lieu of foreclosure, the Government will be deemed to have attorned to any purchaser, purchasers, transferee or transferees of the premises or any portion thereof and its or their successors and assigns, and any such purchasers and transferees will be deemed to have assumed all obligations of the Lessor under this lease, so as to establish direct privity of estate and contract between Government and such purchasers or transferees, with the same force, effect and relative priority in time and right as if the lease had initially been entered into between such purchasers or transferees and the Government; provided, further, that the Contracting Officer and such purchasers or transferees shall, with reasonable promptness following any such sale or deed delivery in lieu of foreclosure, execute all such revisions to this lease, or other writings, as shall be necessary to document the foregoing relationship. (d) None of the foregoing provisions may be deemed or construed to imply a waiver of the Government's rights as a sovereign. 5. 552.270-24-STATEMENT OF LEASE (AUG 1999) (a) The Contracting Officer will, within thirty (30) days next following the Contracting Officer's receipt of a joint written request from Lessor and a prospective lender or purchaser of the building, execute and deliver to Lessor a letter stating that the same is issued subject to the conditions stated in this clause and, if such is the case, that (1) the lease is in full force and effect; (2) the date to which the rent and other charges have been paid in advance, if any; and (3)whether any notice of default has been issued. (b) Letters issued pursuant to this clause are subject to the following conditions: (1) That they are based solely upon a reasonably diligent review of the Contracting Officer's lease file as of the date of issuance; (2) That the Government shall not be held liable because of any defect in or condition of the premises or building, (3) That the Contracting Officer does not warrant or represent that the premises or building comply with applicable Federal, State and local law; and (4) That the Lessor, and each prospective lender and purchaser are deemed to have constructive notice of such facts as would be ascertainable by reasonable prepurchase and precommitment inspection of the Premises and Building and by Inquiry to appropriate Federal, State and local Government officials. 6. 552.270-25-SUBSTITUTION OF TENANT AGENCY (SEP 1999) The Government may, at any time and from time to time, substitute any Government agency or agencies for the ITIALS Government agency or agencies, if any, named in the lease. IN :°""` & Ja LESSOR GOVERNMENT GSA FORM 3517B PAGE 4(REV 9/01) 7. 552.270-26- NO WAIVER (SEP1999) No failure by either party to insist upon the strict performance of any provision of this lease or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial rent or other performance by either party during the continuance of any such breach shall constitute a waiver of any such breach of such provision. 8. 552.270-27 - INTEGRATED AGREEMENT(SEP 1999) This Lease, upon execution, contains the entire agreement of the parties and no prior written or oral agreement, express or implied, shall be admissible to contradict the provisions of the Lease. 9. 552.270-28 - MUTUALITY OF OBLIGATION (SEP 1999) The obligations and covenants of the Lessor, and the Government's obligation to pay rent and other Government obligations and covenants, arising under or related to this Lease, are interdependent. The Government may, upon issuance of and delivery to Lessor of a final decision asserting a claim against Lessor, set off such claim, in whole or in part, as against any payment or payments then or thereafter due the Lessor under this lease. No setoff pursuant to this clause shall constitute a breach by the Government of this lease. 10. 552 270-17 - DELIVERY AND CONDITION (SEP 1999) (a) Unless the Government elects to have the space occupied in increments, the space must be delivered ready for occupancy as a complete unit. The Government reserves the right to determine when the space is substantially complete. (b) If the premises do not in every respect comply with the provisions of this lease the Contracting Officer may, in accordance with the Fallure in Performance clause of this lease, elect to reduce the rent payments. 11. 552.270-18 - DEFAULT IN DELIVERY -TIME EXTENSIONS (SEP 1999) (VARIATION) (a) With respect to Lessor's obligation to deliver the premises substantially complete by the delivery date, time is of the essence. If the Lessor fails to work diligently to ensure Its substantial completion by the delivery date or fails to substantially complete the work by such date, the Government may by notice to the Lessor terminate this lease. Such termination is effective when received by Lessor. The Lessor and the Lessor's sureties, if any, are jointly and severally liable for any damages to the Government resulting from such termination, as provided in this clause. The Government shall be entitled to the following damages: (1) The Government's aggregate rent and estimated real estate tax and operating cost adjustments for the firm term and all option terms of its replacement lease or leases, in excess of the aggregate rent and estimated real estate tax and operating cost adjustments for the term. If the Government procures replacement premises for a term (including all option terms) in excess of this term, the Lessor is not liable for excess Government rent or adjustments during such excess lease term. (2) All administrative and other costs the Government incurs in procuring a replacement lease or leases. (3) Other, additional relief provided for in this lease, at law, or in equity. (b) Damages to which the Government is entitled to under this clause are due and payable thirty (30) days following the date Lessor receives notice from the Contracting Officer specifying such damages. (c) Delivery by Lessor of less than the minimum ANSI/BOMA Office Area square footage required by this lease shall in no event be construed as substantial completion, except as the Contracting Officer permits. (d) The Government shall not terminate this lease under this clause nor charge the Lessor with damages under this clause, if(1) the delay in substantially completing the work arises from excusable delays and (2) the Lessor within 10 days from the beginning of any such delay (unless extended in writing by the Contracting Officer) provides notice to the Contracting Officer of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of delay. If the facts warrant, the Contracting Officer shall extend the delivery date, to the extent of such delay at no additional costs to the Government. A time extension is the sole remedy of the Lessor. INITIALS: �.%� & LESSOR GOVERNMENT GSA FORM 3517E PAGE 5(REV 9/01) 12, 552.270-19- PROGRESSIVE OCCUPANCY(SEP 1999) The Government shall have the right to elect to occupy the space in partial increments prior to the substantial completion of the entire leased premises, and the Lessor agrees to schedule its work so as to deliver the space incrementally as elected by the Government. The Government shall pay rent commencing with the first business day following substantial completion of the entire leased premise unless the Government has elected to occupy the leased premises incrementally. In case of incremental occupancy, the Government shall pay rent pro rat@ upon the first business day following substantial completion of each incremental unit. Rental payments shall become due on the first workday of the month following the month in which an increment of space is substantially complete, except that should an increment of space be substantially completed after the fifteenth day of the month, the payment due date will be the first workday of the second month following the month in which it was substantially complete. The commencement date of the firm lease term will be a composite determined from all rent commencement dates. 13. 552.270-21 - EFFECT OF ACCEPTANCE AND OCCUPANCY (SEP 1999) Neither the Government's acceptance of the premises for occupancy, nor the Government's occupancy thereof, shall be construed as a waiver of any requirement of or right of the Government under this Lease, or as otherwise prejudicing the Government with respect to any such requirement or right. 14. 552.270-6-MAINTENANCE OF BUILDING AND PREMISES - RIGHT OF ENTRY (SEP 1999) Except in case of damage arising out of the willful act or negligence of a Government employee, Lessor shall maintain the premises, including the building, building systems, and all equipment, fixtures, and appurtenances furnished by the lessor under this lease, in good repair and condition so that they are suitable in appearance and capable of supplying such heat, air conditioning, light, ventilation, safety systems, access and other things to the premises, without reasonably preventable or recurring disruption, as is required for the Government's access to, occupancy, possession, use and enjoyment of the premises as provided in this lease. For the purpose of so maintaining the premises the Lessor may at reasonable times enter the premises with the approval of the authorized Government representative in charge. 15. 552.270-10- FAILURE IN PERFORMANCE (SEP 1999) The covenant to pay rent and the covenant to provide any service, utility, maintenance, or repair required under this lease are interdependent. In the event of any failure by the Lessor to provide any service, utility, maintenance, repair or replacement required under this lease the Government may, by contract or otherwise, perform the requirement and deduct from any payment or payments under this lease, then or thereafter due, the resulting cost to the Government, including all administrative costs. If the Government elects to perform any such requirement, the Government and each of its contractors shall be entitled to access to any and all areas of the building, access to which is necessary to perform any such requirement, and the Lessor shall afford and facilitate such access. Alternatively, the Government may deduct from any payments under this lease, then or thereafter due, an amount which reflects the reduced value of the contract requirement not performed. No deduction from rent pursuant to this clause shall constitute a default by the Government under this lease. These remedies are not exclusive and are in addition to any other remedies which may be available under this lease or at law. 16. 552.270-22 - DEFAULT BY LESSOR DURING THE TERM (SEP 1999) (a) Each of the following shall constitute a default by Lessor under this lease: (1) Failure to maintain, repair, operate or service the premises as and when specified in this lease, or failure to perform any other requirement of this lease as and when required provided any such failure shall remain uncured for a period of thirty (30) days next following Lessor's receipt of notice thereof from the Contracting Officer or an authorized representative. (2) Repeated and unexcused failure by Lessor to comply with one or more requirements of this lease shall constitute a default notwithstanding that one or all such failures shall have been timely cured pursuant to this clause. (b) If a default occurs, the Government may, by notice to Lessor, terminate this lease for default and if so terminated, the Government shall be entitled to the damages specified in the Default in Delivery-Time Extensions clause. 17. 552.270-7- FIRE AND CASUALTY DAMAGE (SEP 1999) If the entire premises are destroyed by fire or other casualty, this lease will immediately terminate. In case of partial destruction or damage, so as to render the premises untenantable, as determined by the Government, the Government may terminate the lease by giving written notice to the Lessor INITIALS: LESSOR GOVERNMENT GSA FORM 3517B PAGE 6(REV 9/01) within 15 calendar days of the fire or other casualty; if so terminated, no rent will accrue to the Lessor after such partial destruction or damage; and if not so terminated, the rent will be reduced proportionately by supplemental agreement hereto effective from the date of such partial destruction or damage. Nothing in this lease shall be construed as relieving Lessor from liability for damage to or destruction of property of the United States of America caused by the willful or negligent act or omission of Lessor. 18. 552.270-8-COMPLIANCE WITH APPLICABLE LAW(SEP 1999) Lessor shall comply with all Federal, state and local laws applicable to the Lessor as owner or lessor, or both, of the building or premises, including, without limitation, laws applicable to the construction, ownership, alteration or operation of both or either thereof, and will obtain all necessary permits, licenses and similar items at Lessor's expense. The Government will comply with all Federal state and local laws applicable to and enforceable against it as�a tenant under this lease; provided that nothing in this lease shall be construed as a waiver of any sovereign immunity of the Government. This lease shall be governed by Federal law. 19. 552.270-12-ALTERATIONS (SEP 1999) The Government shall have the right during the existence of this lease to make alterations, attach fixtures, and erect structures or signs in or upon the premises hereby leased, which fixtures, additions or structures so placed in, on, upon, or attached to the said premises shall be and remain the property of the Government and may be removed or otherwise disposed of by the Government. If the lease contemplates that the Government is the sole occupant of the building, for purposes of this clause, the leased premises include the land on which the building-is sited and the building itself. Otherwise, the Government shall have the right to tie into or make any physical connection with any structure located on the property as is reasonably necessary for appropriate utilization of the leased space. 20. 552.270-29 -ACCEPTANCE OF SPACE (SEP 1999) (a) When the Lessor has completed all alterations, improvements, and repairs necessary to meet the requirements of the lease, the Lessor shall notify the Contracting Officer. The Contracting Officer or designated representative shall promptly inspect the space. (b) The Government will accept the space and the lease term will begin after determining that the space is substantially complete and contains the required ANSI/BOMA Office Area square footage as indicated in the paragraph of this solicitation entitled "Amount and Type of Space." 21. 552.270-9- INSPECTION - RIGHT OF ENTRY (SEP 1999) (a) At any time and from time to time after receipt of an offer (until the same has been duly withdrawn or rejected), after acceptance thereof and during the term, the agents, employees and contractors of the Government may, upon reasonable prior notice to Offeror or Lessor, enter upon the offered premises or the premises, and all other areas of the building access to which is necessary to accomplish the purposes of entry, to determine the potential or actual compliance by the Offeror or Lessor with the requirements of the solicitation or this lease, which purposes shall include, but not be limited to: (1) inspecting, sampling and analyzing of suspected asbestos-containing materials and air monitoring for asbestos fibers; (2) inspecting the heating, ventilation and air conditioning system, maintenance records, and mechanical rooms for the offered premises or the premises; (3) inspecting for any leaks, spills, or other potentially hazardous conditions which may involve tenant exposure to hazardous or toxic substances; and (4) inspecting for any current or past hazardous waste operations, to ensure that appropriate mitigative actions were taken to alleviate any environmentally unsound activities in accordance with Federal, State and local law. (b) Nothing in this clause shall be construed to create a Government duty to inspect for toxic materials or to impose a higher standard of care on the Government than on other lessees The purpose of this clause is to promote the ease with which the Government may inspect the building. Nothing in this clause shall act to relieve the Lessor of any duty to inspect or liability which might arise as a result of Lessor's failure to inspect for or correct a hazardous condition. 22. 552.232-75- PROMPT PAYMENT(SEP 1999) The Government will make payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or an electronic funds transfer is made. All days referred to in this clause are calendar days, unless otherwise specified. (a) Payment due date. INITIALS: - � & � LESSOR GOVERNMENT GSA FORM 3517E PAGE 7(REV 9101) (1) Rental payments. Rent shall be paid monthly in arrears and will be due on the first workday of each month, and only as provided for by the lease, (i) When the date for commencement of rent falls on the 15th day of the month or earlier, the initial monthly rental payment under this contract shall become due on the first workday of the month following the month in which the commencement of the rent is effective. (ii) When the date for commencement of rent falls after the 15th day of the month, the Initial monthly rental payment under this contract shall become due on the first workday of the second month following the month in which the commencement of the rent is effective. (2) Other payments. The due date for making payments other than rent shall be the later of the following two events: (i) The 30th day after the designated billing office has received a proper Invoice from the Contractor. (i i) The 30th day after Government acceptance of the work or service. However, If the designated billing office fails to annotate the invoice with the actual date of receipt, the invoice payment due date shall be deemed to be the 30th day after the Contractor's invoice is dated, provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. (b) Invoice and inspection requirements for payments other than rent. (1) The Contractor shall prepare and submit an invoice to the designated billing office after completion of the work.A proper invoice shall include the following items: I) Name and address of the Contractor. il) Invoice date. iil) Lease number. v) Government's order number or other authorization. v) Description, price, and quantity of work or services delivered. vi) Name and address of Contractor official to whom payment is to be sent (must be the Same as that in the remittance address in the lease or the order.) (vii) Name (where practicable), title, phone number, and mailing address of person to be notified in the event of a defective invoice. (2) The Government will inspect and determine the acceptability of the work performed or services delivered within 7 days after the receipt of a proper invoice or notification of completion of the work or services unless a different period Is specified at the time the order is placed. If actual acceptance occurs later, for the purpose of determining the payment due date and calculation of interest, acceptance will be deemed to occur on the last day of the 7-day inspection period. If the work or service is rejected for failure to conform to the technical requirements of the contract, the 7 days will be counted beginning with receipt of a new invoice or notification. In either case, the Contractor is not entitled to any payment or interest unless actual acceptance by the Government occurs. (c) Interest Penalty. (1) An interest penalty shall be paid automatically by the Government, without request from the Contractor, if payment is not made by the due date. (2) The interest penalty shall be at the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect on the day after the due date. This rate is referred to as the "Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1, The Interest penalty shall accrue daily on the payment amount approved by the Government and be compounded in 30-day Increments Inclusive from the first day after the due date through the payment date. (3) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at 52.233-1, Disputes, or for more than 1 year. Interest penalties of less than $1.00 need not be paid. (4) Interest penalties are not required on payment delays due to disagreement between the Government and Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes. 23. 552.232-76 - ELECTRONIC FUNDS TRANSFER PAYMENT(SEP 1999) (Variation) (a) The Government will make payments under this lease by electronic funds transfer (EFT). After award, but no later than 30 days before the first payment, the Lessor shall designate a financial institution for receipt of EFT payments, and shall submit this designation to the Contracting Officer or(other Government official, as directed. INITIALS: L ^'� & LESSOR GOVERNMENT GSA FORM 3517E PAGE 8(REV 9101) (b) The Lessor shall provide the following information: 1 The lease number to which this notice applies. 23 The American Bankers Association 9-digit Identifying number for wire transfers of the financing institution receiving payment If the Institution has access to the Federal Reserve Communications System. (3) Number of account to which funds are to be deposited. 4 Type of depositor account("C"for checking, "S'for savings). (5 If the Lessor is a new enrollee to the EFT system, a completed "Payment Information Form,"SF 3881. (c) In the event the Lessor, during the performance of this contract, elects to designate a different financial institution for the receipt of any payment made usingEFT procedures, notification of such change and the required Information specified in ), above must be received by the appropriate Government official no later than 30 days prior to the date such change is to become effective. (d) The documents furnishing the information required in this clause must be dated and contain the signature, title, and telephone number of the Lessor or an authorized representative designated by the Lessor, as well as the Lessor's name and lease number. (e) Lessor failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due. 24. 552.232-70 - INVOICE REQUIREMENTS (VARIATION) (SEP 1999) - (This clause applies to payments other than rent.) (a) Invoices shall be submitted in an original only, unless otherwise specified, to the designated billing office specified in this contract or order. (b) Invoices must include the Accounting Control Transaction (ACT) number provided below or on the order. ACT Number(to be supplied on individual orders) (c) If information or documentation in addition to that required by the Prompt Payment clause of this contract is required in connection with an invoice for a particular order, the order will indicate what information or documentation must be submitted. 25. 52.232-23 -ASSIGNMENT OF CLAIMS (JAN 1986) (a) The Contractor, under the Assignment of Claims Act, as amended, 31 USC 3727, 41 USC 15 (hereafter referred to as the"the Act"). may assign its rights to be paid amounts due or to become due as a result of the performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence. (b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract. (c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract) or information related to work under this contract until the Contracting Officer authorizes such action in writing. 26. 552.270-20- PAYMENT(SEP 1999 ) (VARIATION) (a) When space is offered and accepted, the ANSUBOMA Office Area square footage delivered will be confirmed by: (1) the Government's measurement of plans submitted by the successful Offeror as approved by the Government, and an inspection of the space to verify that the delivered space is in conformance with such plans or (2) a mutual on-site measurement of the space, if the Contracting Officer determines that it is necessary. (b) Payment will not be made for space which is in excess of the amount of ANSUBOMA Office Area square footage stated in the lease. INITIALS: ..<^' ,. & 40 LESSOR GOVERNMENT GSA FORM 3517B PAGE 9(REV 9/01) (c) If it is determined that the amount of ANSUBOMA Office Area square footage actually delivered is less than the amount agreed to in the lease, the lease will be modified to reflect the amount of Usable space delivered and the annual rental will be adjusted as follows: Usable square feet not delivered multiplied by the ANSUBOMA Office Area square foot (USF) rate equals the reduction in annual rent. The rate per USF is determined by dividing the total annual rental by the Usable square footage set forth in the lease. USF Not Delivered X Rate per USF = Reduction in Annual Rent. 27. 552.203-5 - COVENANT AGAINST CONTINGENT FEES (FEB 1990) (Applies to leases which exceed $100,000.) (a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee. (b) "Bona fide agency," as used in this clause, means an established commercial or selling agency (including licensed real estate agents or brokers), maintained by a Contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence. "Bona fide employee," as used in this clause, means a person, employed by a Contractor and subject to the Contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. "Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. "Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. 28. 52.203-7-ANTI-KICKBACK PROCEDURES (JUL 1995) (Applies to leases which exceed $100,000 average net annual rental, including option periods.) (a) Definitions. "Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract. "Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual. "Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind. "Prime Contractor," as used in this clause, means a person who has entered into a prime contract with the United States. "Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor. "Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the .purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract. "Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services " INITIALS: & 114 LESSOR GOVERNMENT GSA FORM 3517B PAGE 10(REV 9101) of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor. "Subcontractor employee," as used in this clause, means any officer. partner, employee, or agent of a subcontractor. (b) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from-- (1) Providing or attempting to provide or offering to provide any kickback, (2 Soliciting, accepting, or attempting to accept any kickback; or (3 Including, directly or Indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. (c) (1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships. (2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report In writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice. (3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in pamgra h (b) of this clause. (4) The Contracting Officer may j) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract, the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has alreaddy offset those monies under subdivision (c)(4)(i) of this clause. In the either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld. (5) The Contractor agrees to incorporate the substance of this clause, including subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $100,000. 29. 52.223-6 DRUG-FREE WORKPLACE (JAN 1997) (a) Definitions. As used in this clause-- "Controlled substance" means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act(21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11 - 1308.15. "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to deter-mine violations of the Federal or State criminal drug statutes. "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance. "Drug-free workplace" means the site(s) for the performance of work done by the Contractor in connection with a specific contract at which employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. "Employee" means an employee of a Contractor directly engaged in the performance of work under a Government contract. "Directly engaged" is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance. "Individual" means an offeror/contractor that has no more than one employee Including the offeror/contractor. (b) The Contractor, if other than an individual, shall--within 30 days after award (unless a longer period is agreed to in writing for contracts of 30 days or more performance duration), or as soon as possible for contracts of less than 30 days performance duration-- (1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in INITIALS & J0 LESSOR GOVERNMENT GSA FORM 3517B PAGE 11 (REV 9/01) the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establish an ongoing drug-free awareness program to inform such employees about-- I) The dangers of drug abuse in the workplace; II) The Contractor's policy of maintaining a drug-free workplace; iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (b)(1) of this clause; (4) Notify such employees in writing In the statement required by subparagraph (b)(1) of this clause that, as a condition of continued employment on this contract, the employee will-- �I) Abide by the terms of the statement; and ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction. (5) Notify the Contracting Officer in writing within 10 days after receiving notice under subdivision (b)(4)(ii) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within 30 days after receiving notice under subdivision (b)(4)(ii) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and (7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b)(1) though (b)(6) of this clause. (c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing this contract. (d) In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraph (b) or (c) of this clause may, pursuant to FAR 23.506, render the Contractor subject to suspension of contract payments, termination of the contract for default, and suspension or debarment. 30. 552.203-70 - PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1999) (Applies to leases which exceed $100,000.) (a) If the head of the contractin activity (HCA) or his or her designee determines that there was a violation of subsection 27?a) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as implemented in the Federal Acquisition Regulation, the Government, at its election, may-- (1) Reduce the monthly rental under this lease by 5 percent of the amount of the rental for each month of the remaining term of the lease, Including any option periods, and recover 5 percent of the rental already paid; (2) Reduce payments for alterations not Included in monthly rental payments by 5 percent of the amount of the alterations agreement; or (3) Reduce the payments for violations by a Lessor's subcontractor by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was placed. (b) Prior to making a determination as set forth above, the HCA or designee shall provide to the Lessor a written notice of the action being considered and the basis therefor. The Lessor shall have a period determined by the agency head or designee, but not less than 30 calendar days after receipt of such notice, to submit in person, in writing, or through a representative, information and argument in opposition to the proposed reduction. The INITIALS: J//� & �.'1,('/� LESSOR GOVERNMENT GSA FORM 3517B PAGE 12(REV 9101) agency head or designee may, upon good cause shown, determine to deduct less than the above amounts from payments. (c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this lease. 31. 52.215-10- PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997) (Applies when cost or pricing data are required for work or service exceeding $500,000.) (a) If any price, including profit or fee, negotiated in connection with this contract, or any cost reimbursable under this contract, was increased by any significant amount because— (1) The Contractor or a subcontractor furnished cost or pricing data that were not complete, accurate, and current as certified in its Certificate of Current Cost or Pricing Data; (2) A subcontractor or prospective subcontractor furnished the Contractor cost or pricing data that were not complete, accurate, and current as certified in the Contractor's Certificate of Current Cost or Pricing Data; or (3) Any of these parties furnished data of any description that were not accurate, the price or cost shall be reduced accordingly and the contract shall be modified to reflect the reduction. (b) Any reduction in the contract price under paragraph (a) of this clause due to defective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead and profit markup, by which (1)the actual subcontract or (2) the actual cost to the Contractor, if there was no subcontract, was less than the prospective subcontract cost estimate submitted by the Contractor; provided, that the actual subcontract price was not itself affected by defective cost or pricing data. (c) (1) If the Contracting Officer determines under paragraph (a) of this clause that a price or cost reduction should be made, the Contractor agrees not to raise the following matters as a defense: (i) The Contractor or subcontractor was a sole source supplier or otherwise was in a superior bargaining position and thus the price of the contract would not have been modified even if accurate, complete, and current cost or pricing data had been submitted. (ii) The Contracting Officer should have known that the cost or pricing data in issue were defective even though the Contractor or subcontractor took no affirmative action to bring the character of the data to the attention of the Contracting Officer. (iii) The contract was based on an agreement about the total cost of the contract and there was no agreement about the cost of each item procured under the contract. (iv) The Contractor or subcontractor did not submit a Certificate of Current Cost or Pricing Data. (2) (i) Except as prohibited by subdivision (c)(2)(ii) of this clause, an offset in an amount determined appropriate by the Contracting Officer based upon the facts shall be allowed against the amount of a contract price reduction if-- (A) The Contractor certifies to the Contracting Officer that, to the best of the Contractor's knowledge and belief, the Contractor is entitled to the offset in the amount requested; and (B) The Contractor proves that the cost or pricing data were available before the "as of date specified on its Certificate of Current Cost or Pricing Data, and that the data were not submitted before such date. (ii) An offset shall not be allowed if-- (A) The understated data were known by the Contractor to be understated before the "as of date specified on its Certificate of Current Cost or Pricing Data; or (B) The Government proves that the facts demonstrate that the contract price would not have increased in the amount to be offset even if the available data had been submitted before the"as of date specified on its Certificate of Current Cost or Pricing Data. (d) If any reduction in the contract price under this clause reduces the price of items for which payment was made prior to the date of the modification reflecting the price reduction, the Contractor shall be liable to and shall pay the United States at the time such overpayment is repaid-- (1) Simple interest on the amount of such overpayment to be computed from the date(s) of overpayment to the Contractor to the date the Government Is repaid by the 45, i /✓� INITIALS: LESSOR GOVERNMENT GSA FORM 3517B PAGE 13(REV 9101) Contractor at the applicable underpayment rate effective for each quarter prescribed by the Secretary of the Treasury under 26 U.S.C. 6621(a)(2); and (2) A penalty equal to the amount of the overpayment, if the Contractor or subcontractor knowingly submitted cost or pricing data that were incomplete, inaccurate, or noncurrent. 32. 552.270-13- PROPOSALS FOR ADJUSTMENT(SEP 1999) (a) The Contracting Officer may, from time to time during the term of this lease, require changes to be made in the work or services to be performed and in the terms or conditions of this lease. Such changes will be required under the Changes clause. (b) If the Contracting Officer makes a change within the general scope of the lease, the Lessor shall submit, in a timely manner, an itemized cost proposal for the work to be accomplished or services to be performed when the cost exceeds $100.000. The proposal, including all subcontractor work, will contain at least the following details-- (1) Material quantities and unit costs; (2) Labor costs (identified with specific item or material to be placed or operation to be performed; 3 Equipment costs; 4 Worker's compensation and public liability insurance; 5 Overhead; 6 Profit; and (7 Employment taxes under FICA and FUTA. - (c) The following Federal Acquisition Regulation (FAR) provisions also apply to all proposals exceeding $500,000 in cost-- (1) The Lessor shall provide cost or pricing data including subcontractor cost or pricing data (48 CFR 15.403-4)and (2) The Lessor's representative, all Contractors, and subcontractors whose portion of the work exceeds $500,000 must sign and return the "Certificate of Current Cost or Pricing Data" (48 CFR 15.406-2). (d) Lessors shall also refer to 48 CFR Part 31, Contract Cost Principles, for information on which costs are allowable, reasonable, and allocable in Government work. 33. 552.270-14-CHANGES (SEP 1999) (VARIATION) (a) The Contracting Officer may at any time, by written order, make changes within the general scope of this lease in any one or more of the following: (1) Specifications (including drawings and designs); 2 Work or services; 3 Facilities or space layout; or 4 Amount of space, provided the Lessor consents to the change. (b) If any such change causes an increase or decrease in Lessor's cost of or the time required for performance under this lease, whether or not changed b the order, the Contracting Officer shall modify this lease to provide for one or more of the following: (1) A modification of the delivery date; (2 An equitable adjustment in the rental rate; (3 A lump sum equitable adjustment; or 4 An equitable adjustment of the annual operating costs per ANSIBOMA Office Area square foot specified in this lease. (c) The Lessor shall assert its right to an adjustment under this clause within 30 days from the date of receipt of the change order and shall submit a proposal for adjustment. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the lessor from proceeding with the change as directed. (d) Absent such written change order, the Government shall not be liable to Lessor under this clause. 34. 552.215-70- EXAMINATION OF RECORDS BY GSA(FEB 1996) The Contractor agrees that the Administrator of General Services, or any duly authorized representative shall, until the expiration of 3 years after final payment under this contract, or of the time periods for the particular records specified in Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any INITIALS:'''^-'s. & J4 LESSOR GOVERNMENT GSA FORM 3517B PAGE 14(REV 0101) books, documents, papers, and records of the Contractor involving transactions related to this contract or compliance with any clauses thereunder. The Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the Administrator of General Services, or any duly authorized representatives shall, until the expiration of 3 years after final payment under the subcontract, or of the time periods for the particular records specified in Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of such subcontractor, involving transactions related to the subcontract or compliance with any clauses thereunder. The term "subcontract" as used in this clause excludes (a) purchase orders not exceeding $100,000 and (b) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. 35. 52,215-2 -AUDIT AND RECORDS—NEGOTIATION (JUN 1999) (a) As used in this clause, "records" includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. (b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor- hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor's plants, or parts of them, engaged in performing the contract. (c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor's records, including computations and projections, related to— (1) The proposal for the contract, subcontract, or modification; (2) The discussions conducted on the proposal(s), including those related to negotiating; (3 Pricing of the contract, subcontract, or modiffication; or (4 Performance of the contract, subcontract or modification. (d) Comptroller General— (1) The Comptroller General of the United States, or an authorized representative, shall have access to and the right to examine any of the Contractor's directly pertinent records involving transactions related to this contract or a subcontract hereunder. (2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating— (1) The effectiveness of the Contractor's policies and procedures to produce data compatible with the objectives of these reports; and (2) The data reported. (f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), ©, (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition— (1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and (2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this /contract until such appeals, litigation, or claims are finally resolved. INITIALS. �`"� '- $ 'V LESSOR GOVERNMENT GSA FORM 3517B PAGE 15(REV 9/01) (g) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract that exceed the simplified acquisition threshold, and— (1) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price- redeterminable type or any combination of these; �2) For which cost or pricing data are required; or 3) That require the subcontractor to furnish reports as discussed in paragraph (e) of this clause. The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract. 36. 52.233-1 - DISPUTES (DEC 1998) (a) This contract is subject to the Contract Disputes act of 1978, as amended (41 U.S.C. 601-613 (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph (d)(2) of this clause. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d) (1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2) (1) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000. (II) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (III) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government Is liable; and that I am duly authorized to certify the claim on behalf of the Contractor." (3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. (e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor- certified claims over$100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act (g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative disputes resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer. (h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, Interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and JJ ",��� LE R INITIALS: � & GOVERNMENT GSA FORM 3517E PAGE 16(REV 9/01) then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. (i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer. 37. 52.222-26- EQUAL OPPORTUNITY(FEB 1999) (a) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000. the Contractor shall comply with subparagraphs (b)(1) through (11) below. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause (b) During performing this contract, the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5. (2) The Contractor shall take affirmative action to ensure the applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. This shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (5) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (7) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. Standard Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms (8) The Contractor shall permit access to its premises, during normal business hours, by thecontracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order. (9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as Provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. (10) The Contractor shall include the terms and conditions of subparagraph (b)(1) through (11) of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each 7su contractor or vendor. INITIALS: & LESSOR GOVERNMENT GSA FORM 3517B PAGE 17(REV 9/01) (11) The Contractor shall take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. (c) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1. 38. 52.222-24 — PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) (Applies to leases which exceed $10,000,000.) If a contract in the amount of $10 million or more will result from this solicitation, the prospective Contractor and its known first-tier subcontractors with anticipated subcontracts of $10 million or more shall be subject to a preaward compliance evaluation by the Office of Federal Contract Compliance Programs (OFCCP), unless, within the preceding 24 months, OFCCP has conducted an evaluation and found the prospective Contractor and subcontractors to be in compliance with Executive Order 11246. 39. 52.222-21 —PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) (a) "Segregated facilities," as used in this clause, means any waiting-rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit Its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. 40. 52.222-35 - AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA(APR 1998) (a) Definitions. All employment openings includes all positions except executive and top management, those positions that will be filled from within the contractor's organization, and positions lasting 3 days or less. This term includes full-time employment, temporary employment of more than 3 days' duration, and part-time employment. Appropriate office of the State employment service system means the local office of the Federal-State national system of public employment offices with assigned responsibility to serve the area where the employment opening is to be filled, including the District of Columbia. Guam, the Commonwealth of Puerto Rico, and the Virgin Islands. Positions that will be filled from within the Contractor's organization means employment openings for which no consideration will be given to persons outside the Contractor's organization (including any affiliates, subsidiaries, and the parent companies) and includes any openings that the Contractor proposes to fill from regularly establish recall' lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of its organization. Veteran of the Vietnam era means a person who-- (1) Served on active duty for a period of more than 180 days, any part of which occurred between August 5, 1964, and May 7, 1975, and was discharged or released therefrom with other than a dishonorable discharge; or (2) Was discharged or released from active duty for a service-connected disability if any part of such active duty was pp"eerrffoorrmed between August 5, 1964, and May 7, 1975. INITIALS: "�`�:,� & �.J/ LESSOR GOVERNMENT GSA FORM 3517E PAGE 18(REV 9101) (b) General. (1) Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against the individual because the individual is a disabled veteran or veteran of the Vietnam era. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their disability or veterans' status in all employment practices such as-- i) Employment; ii) Upgrading; iii) Demotion or transfer; v) Recruitment; v) Advertising; vl) Layoff or termination; (vii) Rates of pay or other forms of compensation; and (viii) Selection for training, including apprenticeship. (2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary Of Labor (Secretary) issued under the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (the Act), as amended. (c) Listing openings. (1) The Contractor agrees to list all employment openings existing at contract award or occurring during contract performance, at an appropriate office of the State employment service system in the locality where the opening occurs. These openings include those occurring at any contractor facility, including one not connected with performing this contract. An independent corporate affiliate is exempt from this requirement. (2) State and local government agencies holding Federal contracts of $10.000 or more shall also list all employment openings with the appropriate office of the State employment service. (3) The listing of employment openings with the State employment service system is required at least concurrently with using any other recruitment source or effort and involves the obligations of placing a bona fide job order, including accepting referrals of veterans and nonveterans. This listing does not require hiring any particular 1'ob applicant or hiring from any particular group of job applicants and is not intended to relieve the Contractor from any requirements of Executive orders or regulations concerning nondiscrimination in employment. (4) Whenever the Contractor becomes contractually bound to the listing terms of this clause, it shall advise the State employment service system, in each State where it has establishments, of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these terms and has so advised the State system, it need not advise the State system of subsequent contracts. The Contractor may advise the State system when it is no longer bound by this contract clause. (d) Applicability. This clause does not apply to the listing of employment openings which occur and are filled outside the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (e) Postings. (1) The Contractor agrees to post employment notices stating— (i) The Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, and (ii) The rights of applicants and employees. (2) These notices shall be posted in conspicuous places that are available to employees and applicants for employment. They shall be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance Programs, Department of Labor (Deputy Assistant Secretary), and provided by or through the Contracting Officer. (3) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of the Act, and is committed to take affirmative action to employ, and advance in employment, qualified disabled veterans and veterans of the Vietnam era. (f) Noncompliance. If the Contractor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act. �u INITIALS: �" �^` & LESS'bR GOVERNMENT GSA FORM 3517B PAGE 19(REV 9/01) (g) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Deputy Assistant Secretary to enforce the terms, including action for noncompliance. 41. 52.222-36 -AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (a) General. (1) Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against any employee or applicant because of physical or mental disability. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based upon their physical of mental disability in all employment practices such as-- (i) Recruitment, advertising, and job application procedures; (il) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring; (iii) Rates of pay or any other form of compensation and changes in compensation; (iv) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; (v) Leaves of absence, sick leave, or any other leave; (vl) Fringe benefits available by virtue of employment, whether or not administered by the Contractor; (vii) Selection and financial support for training, including apprenticeships, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training (viii) Activities sponsored by the Contractor, including social or recreational programs; and (ix) Any other term, condition, or privilege of employment. (2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) Issued under the Rehabilitation Act of 1973 (29 USC 793) (the Act), as amended. (b) Postings. (1) The Contractor agrees to post employment notices stating (i) the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified individuals with disabilities and (ii) the rights of applicants and employees. (2) These notices shall be posted in conspicuous places that are available to employees and applicants for employment. The Contractor shall ensure that applicants and employees with disabilities are informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that It might be read by a person In a wheelchair). The notices shall be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance of the U.S. Department of Labor (Deputy Assistant Secretary) and shall be provided by or through the Contracting Officer. (3) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503 of the Act and is committed to take affirmative action to employ, and advance in employment, qualified individuals with physical or mental disabilities. (c) Noncompliance. If the Contractor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act. (d) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of$10,000 unless exempted by rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Director to enforce the terms, including action for noncompliance. 42. 52.222-37 - EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (JAN 1999) (a) Unless the Contractor is a State or local government agency, the Contractor shall report at least annually, as required by the Secretary of Labor, on: (1) The number of disabled veterans and the number of veterans of the Vietnam era in the workforce oft a contractor by job category and hiring location; and INITIALS: & JIM LESSOR GOVERNMENT GSA FORM 3517E PAGE 20(REV 9/01) (2) The total number of new employees hired during the period covered by the report, and of that total, the number of special disabled veterans, and the number of veterans of the Vietnam era. (b) The above items shall be reported by completing the form entitled "Federal Contractor Veterans' Employment Report VETS-100." (c) Reports shall be submitted no later than September 30 of each year beginning September 30, 1988. (d) The employment activity report required by paragraph (a)(2) of this clause shall reflect total hires during the most recent 12-month period as off the ending date selected for the employment profile report required by paragraph (a)(1) of this clause. Contractors may select an ending date: (1) As of the end of any pay period during the period January through March 1 of the year the report is due, or (2) as of December 31, if the Contractor has previous written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard Form 100). (e) The count of veterans reported according to paragraph (a) of this clause shall be based on voluntary disclosure. Each Contractor subject to the reporting requirements at 38 U.S.C. 4212 shall invite all special disabled veterans and veterans of the Vietnam era who wish to benefit under the affirmative action program at 38 U.S.C. 4212 to identify themselves to the Contractor. The invitation shall state that the information is voluntarily provided, that the information will be kept confidential, that disclosure or refusal to provide the information will not subject the applicant or employee to any adverse treatment, and that the information will be used only in accordance with the regulations promulgated under 38 U.S.C. 4212. (f) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order of$10,000 or more unless exempted by rules, regulations, or orders of the Secretary, 43. 52.209-6 - PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUL 1995) (a) The Government suspends or debars Contractors to protect the Government's interests Contractors shall not enter into any subcontract in excess of the small purchase limitation at FAR 13.000 with a Contractor that has been debarred, suspended, or proposed for debarment unless there is a compelling reason to do so. (b) The Contractor shall require each proposed first-tier subcontractor, whose subcontract will exceed the small purchase limitation at FAR 13.000, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government. (c) A corporate officer or designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that Is debarred, suspended or proposed for debarment(See FAR 9.404 for information on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs). The notice must include the following: 1 The name of the subcontractor, 2 The Contractor's knowledge of the reasons for the subcontractor being on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs; (3) The compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs; (4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment. 44, 52.215-12 -SUBCONTRACTOR COST OR PRICING DATA (OCT 1997) (Applies when the clause at FAR 52.215-10 is applicable.) (a) Before awarding any subcontract expected to exceed the threshold for submission of cost or pricing data at FAR 15.403-4, on the date of agreement on price or the date of award, which ever is later; or before pricing any subcontract modification involving a pricingg ad'ustment expected to exceed the threshold for submission of cost or pricing data at FAR 15.4�3-4, the Contractor shall require the subcontractor to submit cost or pricing data actually or by spec identification in writing), unless an exception under FAR 15.403-1 app ies. INITIALS: & Jy, LESSOR GOVERNMENT GSA FORM 3517B PAGE 21 (REV 9/01) (b) The Contractor shall require the subcontractor to certify in substantially the form prescribed in FAR 15.406-2 that, to the best of its knowledge and belief, the data submitted under paragraph (a) of this clause were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract modification. (c) In each subcontract that exceeds the threshold for submission of cost or pricing data at FAR 15.403-4. when entered into, the Contractor shall insert either-- (1) The substance of this clause, including this paragraph (c), if paragraph (a) of this clause requires submission of cost or pricing data for the subcontract; or (2) The substance of the clause at FAR 52.215-13, Subcontractor Cost or Pricing Data -- Modifications. 45. 52.219-8 - UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2000) (Applies to leases which exceed $100,000 average net annual rental, including option periods.) (a) It is the policy of the United States that small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, Including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their-subcontracts with small business concerns, veteran-owned small business concerns, service-disabled veteran- owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns. (b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause. (c) Definitions. As used in this contract- HUBZone small business concern means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration. Service-disabled veteran-owned small business concern- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16) Small business concern means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. Small disadvantaged business concern means a small business concern that represents, as part of its offer that- (1) It has received certification as a small disadvantaged business concern consistent with 13 CFR part 124, Subpart B; (2) No material change In disadvantaged ownership and control has occurred since its certification; (3) Where the concern is owned by one or more individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (4) It is identified, on the date of its representation, as a certified small disadvantaged business in the database maintained by the Small Business Administration (PRO- Net). INITIALS: "`�"' & �J LESSOR GOVERNMENT GSA FORM 3517B PAGE 22(REV 9/01) "Veteran-owned small business concern" means a small business concern— (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned small business concern" means a small business concern — (1) That is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (d) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as a small business concern, a veteran-owned small business concern, a service-disabled veteran-owned small business concern, a HUBZone small business concern, a small disadvantaged business concern, or a women-owned small business concern. 46. 52.219-9—SMALL BUSINESS SUBCONTRACTING PLAN (OCT2000) (Applies to leases which exceed $500,000.) (a) This clause does not apply to small business concerns. (b) Definitions.As used in this clause-- "Commercial item" means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation. "Commercial plan" means a subcontracting plan (including goals) that covers the offeror's fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof(e.g., division, plant, or product line). "Individual contract plan" means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the 0 eror, planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract. "Master plan" means a subcontracting plan that contains all the required elements of an individual contract plan, except goals, and may be incorporated into individual contract plans, provided the master plan has been approved. "Subcontract," means any agreement means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract. (c) The offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, which separately addresses subcontracting with small business, veteran-owned small business, HUBZone small business concerns, small disadvantaged business, and women-owned small business concerns. If the offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business, veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the offeror ineligible for award of a contract. (d) The offeror's subcontracting plan shall include the following: (1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business, veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. Service-disabled veteran-owned small business concerns meet the definition of veteran-owned small business concerns, and offerors may include them —� yU A INITIALS: .w s�"F & LESSOR GOVERNMENT GSA FORM 3517B PAGE 23(REV 9101) within the subcontracting plan goal for veteran-owned small business concerns. A separate goal for service-disabled veteran-owned small business concerns is not required. The offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as Indirect costs. (2) A statement of— (i) Total dollars Planned to be subcontracted for an individual contract plan; or the offeror's total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a commercial plan; (ii) Total dollars planned to be subcontracted to small business concerns; (III) Total dollars planned to be subcontracted to veteran-owned small business concerns, (iv) Total dollars planned to be subcontracted to HUBZone small business concerns; (v) Total dollars planned to be subcontracted to small disadvantaged business concerns; and (vi) Total dollars planned to be subcontracted to women-owned small business concerns. (3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to— i) Small business concerns, il) Veteran-owned small business concerns; III) HUBZone small business concerns; IV) Small disadvantaged business concerns; and v) Women-owned small business concerns. (4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause. (5) A description of the method used to identify potential sources for solicitation purposes e.g existing company source lists, the Procurement Marketing and Access Network PRO-Net) of the Small Business Administration (SBA), veterans service organizations the National Minority Purchasingg Council Vendor Information Service, the Research and Information Division of the Mino(t Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in PRO-Net as an accurate representation of a concern's size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of PRO-Net as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause. (6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with— (i) Small business concerns; (ii Veteran-owned small business concerns; I HUBZone small business concerns; iil) Small disadvantaged business concerns; and IV) Women-owned small business concerns. (7) The name of the individual employed by the offeror who will administer the offerors subcontracting program, and a description of the duties of the individual. (8) A description of the efforts the offeror will make to assure that small business, veteran- owned small business, HUBZone small business, small disadvantaged and women- owned small business concerns have an equitable opportunity to compete for subcontracts. (9) Assurances that the offeror will include the clause in this contract entitled "Utilization of Small Business Concerns" in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of$500,000 ($1,000,000 for construction of any public facility) to adopt a subcontracting plan that complies with the requirements of this clause. (10) Assurances that the offeror will— (i) Cooperate in any studies or surveys as may be required; (ii) Submit periodic reports so that the Government can determine the extent of compliance by the offeror with the subcontracting plan; (iii) Submit Standard Form (SF) 294, Subcontracting Report for Individual Contracts, and/or SF 295, Summary Subcontract Report, in accordance with paragraph 0) of this clause. The reports shall provide information on subcontract awards to small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, small disadvantaged business concerns, women-owned small business concerns, and Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with the instructions on the forms or as Jprovided in agency regulations. INITIALS: & � 0 LE OR GOVERNMENT GSA FORM 3517B PAGE 24(REV 9/01) (iv) Ensure that its subcontractors agree to submit Standard Forms 294 and 295. (11) A recitation of the types of records the offeror will maintain concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror's efforts to locate small business, veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated): (i) Source lists (e.g., PRO-Net), guides, and other data that identify small business, veteran-owned small business, HUBZone small business, small disadvantaged and women-owned small business concerns. (ii) Organizations contacted in an attempt to locate sources that are small business, veteran-owned small business, HUBZone small business, small disadvantaged or women-owned small business concerns. (iii) Records on each subcontract solicitation resulting in an award of more than $100,000, indicating— A Whether small business concerns were solicited and if not, why not; B Whether veteran-owned small business concerns were solicited and, if not, why not; (C) Whether HUBZone small business concerns were solicited and if not, why not; (D) Whether small disadvantaged business concerns were solicited and if not, why not; (E) Whether women-owned small business concerns were solicited and if not, why not; and (F) If applicable, the reason award was not made to a small business concern. (iv) Records of any outreach efforts to contact— A Trade associations; B Business development organizations, C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, and women-owned small business sources; (D) Veterans service organizations. (v) Records of internal guidance and encouragement provided to buyers through— A Workshops, seminars, training, etc.; and B Monitoring performance to evaluate compliance with the program's requirements. (vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement. (e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions: (1) Assist small business, veteran-owned small business, HUBZone small business, small disadvantaged and women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractors lists of potential small, veteran-owned small business, HUBZone small business, small disadvantaged and women-owned small business subcontractors are excessively long, reasonable efforts shall be made to give all such small business concerns an opportunity to compete over a period of time. (2) Provide adequate and timely consideration of the Potentialities of small, veteran-owned Small business, HUBZone small business, small disadvantaged and women-owned small business concerns in all "make-or-buy"decisions. (3) Counsel and discuss subcontracting opportunities with representatives of small, veteran-owned small business, HUBZone small business, small disadvantaged and women-owned small business firms. (4) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran-owned small business, HUBZone small business, small disadvantaged or women-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor's subcontracting plan. (f) A master plan on a plant or division-wide basis that contains all the elements required by paragraph (d) of this clause, except goals, may be incorporated by reference as a part of the subcontracting plan required of the offeror by this clause; provided— (1) The master plan has been approved; 2 The offeror ensures that the master plan is updated as necessary and provides copies of the approved master plan, including evidence of its approval, to the Contracting Officer; and INITIALS: & �5 LESS GOVERNMENT GSA FORM 3517B PAGE 25(REV 9101) (3) Goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth In the individual subcontracting plan. (g) A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial items. The commercial plan shall relate to the offeror's planned subcontracting generally, for both commercial and Government business, rather than solely to the Government contract. Commercial plans are also preferred for subcontractors that provide commercial items under a prime contract, whether or not the prime contractor is supplying a commercial item. (h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract. (i) The failure of the Contractor or subcontractor to comply in good faith with— (1) The clause of this contract entitled"Utilization of Small Business Concerns," or (2) An approved plan required by this clause, shall be a material breach of the contract. Q) The Contractor shall submit the following reports: (1) Standard Form 294, Subcontracting Report for Individual Contracts. This report shall be submitted to the Contracting Officer semiannually and at contract completion. The report covers subcontract award data related to this contract. This report is not required for commercial plans. (2) Standard Form 295, Summary Subcontract Report. This report encompasses all the contracts with the awarding agency. It must be submitted semi-annually for contracts with the Department of Defense and annually for contracts with civilian agencies. If the reporting activity is covered by a commercial plan, the reporting activity must report annually all subcontract awards under that plan. All reports submitted at the close of each fiscal year (both individual and commercial plans) shall include a breakout, in the Contractor's format, of subcontract awards, in whole dollars, to small disadvantaged business concerns by North American Industry Classification System (NAICS) Industry Subsector. For a commercial plan the Contractor may obtain from each off its subcontractors a predominant NAICS Industry Subsector and report all awards to that subcontractor under Its predominant NAICS Industry Subsector. 47. 52.219-16 LIQUIDATED DAMAGES-SUBCONTRACTING PLAN (JAN 1999) (a) Failure to make a good faith effort to comply with the subcontracting plan, as used in this clause, means a willful or intentional failure to perform in accordance with the requirements of the subcontracting plan approved under the clause in this contract entitled "Small Business Subcontracting Plan,"or willful or intentional action to frustrate the plan. (b) Performance shall be measured by applying the percentage goals to the total actual subcontracting dollars or, if a commercial plan Is involved, to the pro rata share of actual subcontracting dollars attributable to Government contracts covered by the commercial plan. If, at contract completion or, in the case of a commercial plan, at the close of the fiscal year for which the plan is applicable, the Contractor has failed to meet its subcontracting goals and the Contracting Officer decides in accordance with paragraph (c) of this clause that the Contractor failed to make a good faith effort to comply with its subcontracting plan, established in accordance with the clause in this contract entitled "Small Business Subcontracting Plan," the Contractor shall pay the Government liquidated damages in an amount stated. The amount of probable damages attributable to the Contractor's failure to comply shall be an amount equal to the actual dollar amount by which the Contractor failed to achieve each subcontract goal. (c) Before the Contracting Officer makes a final decision that the Contractor has failed to make such good faith effort, the Contracting Officer shall give the Contractor written notice specifying the failure and permitting the Contractor to demonstrate what good faith efforts have been made and to discuss the matter. Failure to respond to the notice may be taken as an admission that no valid explanation exists. If, after consideration of all the pertinent data, the Contracting Officer finds that the Contractor failed to make a good faith effort to comply with the subcontracting plan, the Contracting Officer shall issue a final decision to that effect and require that the Contractor pay the Government liquidated damages as provided in paragraph (b) of this clause. (d) With respect to commercial plans, the Contracting Officer who approved the plan will perform the functions of the Contracting Officer under this clause on behalf of all agencies with contracts covered by the commercial plan. INITIALS: & LESSOR GOVERNMENT GSA FORM 3517B PAGE 26(REV 9/01) (e) The Contractor shall have the right of appeal, under the clause in this contract entitled Disputes, from any final decision of the Contracting Officer. (f) Liquidated damages shall be in addition to any other remedies that the Government may have. 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