Backup Documents 07/12/2016 Item #16E 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP `"
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO E 2
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines 41 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines 41 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office , County Attorney Office 9 0(/G• 711 ' j1(0
4. BCC Office . Board of County 45Fb
Commissioners Y N 7 '1111q\61e
5. Minutes and Records Clerk of Court's Office �r(9__ 111 ((6 3:2L,
PRIMARY CONTACT INFORMATION 1 .
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
.Name of Primary Staff Phone Number
Contact/ Department ini CL U 4.1 ), Al -7 y 3
Agenda Date Item was < — ` Z — / Agenda Item Number
/ Co 4,1—/
Approved by the BCC < v
Type of Document _ Number of Original ^-�
Attached e' S C X16 "IJ3 Documents Attached ot_
PO number or account
number if document is Q.
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not
_ appropriate. (Initial) Applicable),
I. Does the document require the chairman's original signature? S ihik rowjoa ie,,,,y l QJ
2. Does the document need to be sent to another agency for additional signature If yes,y04,1c.J a e. LIe 4/' �
provide the Contact Infoimation(Name;Agency; Address;Phone)on an attached sheet.w; i ' tut A vdlu'�SrMi t-1TR,i
3. Original document has been signed/initialed-for legal sufficiency. (All documents to be —42
signed by the Chairman, with the exception of most letters,must be reviewed and signed JS DA
by the Office of the County Attorney. ( /)
4. All handwritten strike-through and revisions have been initialed by the County Attorney's /,v i
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ��
signature and initials are required. —
7. In most cases(some contracts are an excep(ion),the original document and this routing slip /
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines! p
8. The document was approved by the BCC on`��/2 (enter date)and all changes made i;�3 4 k
during the meeting have been incorporated in the attached document. The County f o s,. Gt
L: 2
Attorney's Office has reviewed the changes, if applicable. �""°; 'mac
9, Initials of attorney verifying that the attached document is the version approved by the -o s y e
BCC, all changes directed by the BCC have been made, and the document is ready for th= f `� a; •
Chairman's signature. "6 '=
1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 126.05,Revised 2.24.05;Revised 11/30/12
16E2
MEMORANDUM
Date: July 19, 2016
To: Michael Dowling, Property Acquisition Specialist
Facilities Management Department
From: Teresa Cannon, Deputy Clerk
Boards Minutes & Records Department
Re: Resolution 2016-153/Lease with US Department of Agriculture
Attached is one (1) copy of the Resolution and two (2) originals of the
document referenced above (Item #16E2), approved by the Board of County
Commissioners on Tuesday, July 12, 2016.
Forward for additional signatures and return a copy to the Minutes &
Records Department for the Board's Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
16E2
• Memorandum
(1)( itis
To: Minutes and Records
From: Michael Dowling
Senior Property Management Specialist
Real Property Management
Date: July 15, 2016
Subject: Lease with United States Department of Agriculture
BCC: July 12, 2016, Item: 16 E 2
Hello All!
Kindly provide me with the two original copies of the referenced document so that I
can forward to the landlord for signatures. I will provide you with a copy of the
fully executed Lease once it is returned.
Please contact me at extension 8743 with any questions.
Thank you. O
Attachment as stated
ThE
RESOLUTION NO.2016- 1 53
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, APPROVING A LEASE BETWEEN COLLIER COUNTY,
A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND THE
UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION
SERVICE, WHICH PROVIDES FOR A SOIL CONSERVATION SERVICE
OFFICE ON THE PREMISES OF THE COLLIER COUNTY AGRICULTURE
CENTER.
WHEREAS, on February 7, 1989, Item#9C2, the Board of County Commissioners approved the
inclusion of the United States Department of Agriculture — Soil Conservation Services (USDA-SCS)
within the Collier County Agriculture Center; and
WHEREAS, the County has entered into agreements for the lease of space to the USDA-SCS on
the premises of the Collier County Agriculture Center since 1989; and
WHEREAS,the USDA-SCS desires to enter into a new Lease to rent space at the Collier County
Agriculture Center for an additional term of ten years, and four months, commencing on August 1, 2016;
and
WHEREAS, the County staff finds that the approximate 1,100 square feet of space at the
Agriculture Center to be utilized by USDA-SCS (the "Leased Property") is not needed for County
purposes in the near future; and
WHEREAS, the USDA-SCS has prepared a Lease which provides that the annual rent for the
first year is $13,254.24 with annual 2 % escalations throughout the life of the Lease; and
WHEREAS, Section 125.38, Florida Statutes, provides that the Board of County Commissioners
may lease property if the Board is satisfied that such property is required for such use and is not needed
for County purposes. Advertising of said lease property shall not be required.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY,FLORIDA,that:
1. The Leased Property is required for use by the USDA-SCS and is not needed for County
purposes,and
2. Lease No. 57-4209-15-003 between Collier County and the United States of America, acting by
and through the United States Department of Agriculture be approved and executed.
This Resolution adopted after motion, second and majority vote this 12th day of July,2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS,
DWIGHT E. BROCK, Clerk COLLIER COUNTY,FLORIDA
*C es d5 t? airman 5 DONN. FIALA, Chairman
• Item#
Si_ rA�;gi '...
Approved as to form and legality: . Agenda
Date
• Cl' �� Date
Heidi F. Asht.n-Cicko Rec'.
Managing Assistant County Attorney
• a
Deputy Clerk
4 I
w ry
.em
LEASE NO. 57-4209-15-003 Succeeding/Superseding Lease
GSA FORM L202(May 2015)
This Lease is made and entered into between
Collier County Government
(Lessor),whose principal place of business is 3335 E Tamlam!Trail,Suite 101 Naples,FL 34102,and whose interest in the Property described herein
is that of Fee Owner,and
The United States of America
(Government),acting by and through the designated representative of the United States Department of Agriculture(USDA),upon the terms and conditions
set forth herein.
Witnesseth:The parties hereto,for the consideration hereinafter mentioned,covenant and agree as follows:
Lessor hereby leases to the Government the Premises described herein,being all or a portion of the Property located at
14700 Immokalee Road,Naples,FL 34120
and more fully described in Section 1 and EXHIBIT A AND EXHIBIT A-1,together with rights to the use of parking and other areas as set forth herein,to
be used for such purposes as determined by USDA.
LEASE TERM
To Have and To Hold the said Premises with its appurtenances for the term beginning upon acceptance of the Premises as required by this Lease,
whichever is later,and continuing for a period of
10 Years,4 months Firm,
subject to termination and renewal rights as may be hereinafter set forth. The commencement date of this Lease, along with any applicable termination
and renewal rights, shall be more specifically set forth in a Lease Amendment upon substantial completion and acceptance of the Space by the
Government.
In Witness Whereof,the parties to this Lease evidence their agreement to all terms and conditions set forth herein by their signatures below,to be effective
as of the date of delivery of the fully executed Lease to the Lessor.
FOR THE L SOR: s FOR THE GOVERNMENT:
Name: Donna Fiala Mary Katherine Miller
Title: Chairman, USDA Real Property Leasing Officer
Date: 7— 1 -- L"
Date:
WITNESSED FOR THE LESSOR BY: Pi /Q
'!Je diol i L 5 / 7 , 4-) r,.d
ROC Clerk
Name: Ta—'t`"- S
% Nri
Title: I T t) Q�-7'�1 e.d TI'C f+i
17n
Date: C4-1-/� ' �- m A Al 5 5 i�r -� Approved as t0'forin and legality
•
Ass>'.nt County At •
Qy,
The information collection requirements contained in this Solicitation/Contract,that are not required by the regulation,have been approved by the Office
of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No.3090-0163.
LEASE NO.57-4209-15-003,PAGE 1 LESSOR: GOVERNMENT: GSA FORM L202(05/15)
s
1 OE 2
SECTION I THE PREMISES,RENT,AND OTHER TERMS 4
1.01 THE PREMISES(SUCCEEDING)(SEP 2013)
1.02 EXPRESS APPURTENANT RIGHTS(SEP 2013) 4
1.03 RENT AND OTHER CONSIDERATIONS(APR 2015) 4
1.04 INTENTIONALLY DELETED 4
1.05 TERMINATION RIGHTS(AUG 2011) 5
1.06 INTENTIONALLY DELETED 6
1.07 DOCUMENTS INCORPORATED IN THE LEASE(APR 2015) 6
1.08 INTENTIONALLY DELETED 6
1.09 INTENTIONALLY DELETED 6
1.10 INTENTIONALLY DELETED 6
1.11 PERCENTAGE OF OCCUPANCY FOR TAX ADJUSTMENT(JUN 2012) 6
1.12 INTENTIONALLY DELETED 6
1.13 INTENTIONALLY DELETED 6
1.14 RATE FOR ADJUSTMENT FOR VACANT LEASED PREMISES(SEP 2013) 6
1.15 INTENTIONALLY DELETED 6
1.16 INTENTIONALLY DELETED 6
1.17 BUILDING IMPROVEMENTS(SEP 2012) 6
6
SECTION 2 GENERAL TERMS,CONDITIONS,AND STANDARDS
7
2.01 DEFINITIONS AND GENERAL TERMS(SEP 2013)
2.02 AUTHORIZED REPRESENTATIVES(JUN 2012) 7
2.03 ALTERATIONS REQUESTED BY THE GOVERNMENT(SEP 2013) 7
2.04 WAIVER OF RESTORATION(APR 2011) 7
2.05 INTENTIONALLY DELETED 8
2.06 CHANGE OF OWNERSHIP(APR 2015) 8
2.07 INTENTIONALLY DELETED 8
2.08 ADJUSTMENT FOR VACANT PREMISES(SEP 2013) 8
2.09 INTENTIONALLY DELETED 8
8
SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS
9
3.01 WORK PERFORMANCE(JUN 2012)
3.02 RECYCLED CONTENT PRODUCTS(COMPREHENSIVE PROCUREMENT GUIDELINES)(SEP 2013) 9
3.03 ENVIRONMENTALLY PREFERABLE BUILDING PRODUCTS AND MATERIALS(SEP 2013) 9
3.04 EXISTING FIT-OUT,SALVAGED,OR REUSED BUILDING MATERIAL(JUN 2012) 9
3.05 CONSTRUCTION WASTE MANAGEMENT(SUCCEEDING)(JUN 2012) 9
3.06 BUILDING SHELL REQUIREMENTS(SEP 2013) 9
3.07 RESPONSIBILITY OF THE LESSOR AND LESSOR'S ARCHITECT/ENGINEER(SUCCEEDING)(APR 2011) 10
3.08 QUALITY AND APPEARANCE OF BUILDING(SUCCEEDING)(SEPT 2011) 10
3.09 VESTIBULES(SUCCEEDING)(APR 2011) - 10
3.10 MEANS OF EGRESS(MAY 2015) 10
3.11 INTENTIONALLY DELETED 11
3.12 INTENTIONALLY DELETED 11
3.13 ENERGY INDEPENDENCE AND SECURITY ACT(DEC 2011) 11
3.14 INTENTIONALLY DELETED 11
3.15 INTENTIONALLY DELETED 11
3.16 DEMOLITION(JUN 2012) 11
3.17 ACCESSIBILITY(FEB 2007) 11
3.18 CEILINGS(APR 2015) 11
3.19 EXTERIOR AND COMMON AREA DOORS AND HARDWARE(SEP 2013) 11
3.20 DOORS: IDENTIFICATION(APR 2011) 12
3.21 WINDOWS(SUCCEEDING)(SEPT 2011) 12
3.22 PARTITIONS: GENERAL(APR 2015) 12
3.23 PARTITIONS: PERMANENT(APR 2015) 12
3.24 INSULATION: THERMAL,ACOUSTIC,AND HVAC(SEP 2013) 12
3.25 WALL FINISHES-SHELL(SUCCEEDING)(JUN 2012) 12
3.26 PAINTING-SHELL(JUN 2012) 12
3.27 FLOORS AND FLOOR LOAD(APR 2015) 13
3.28 FLOOR COVERING AND PERIMETERS-SHELL(SUCCEEDING)(JUN 2012) 13
3.29 MECHANICAL,ELECTRICAL,PLUMBING: GENERAL(APR 2011) 13
3.30 BUILDING SYSTEMS(APR 2011) 13
3.31 ELECTRICAL(JUN 2012) 13
3.32 INTENTIONALLY DELETED 13
3.33 DRINKING FOUNTAINS(APR 2011) 13
3.34 RESTROOMS(SEP 2013) 13
3.35 PLUMBING FIXTURES:WATER CONSERVATION(DEC 2011) 13
3.36 INTENTIONALLY DELETED 14
3.37 HEATING VENTILATION AND AIR CONDITIONING-SHELL(SEP 2013) 14
3.38 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT(SUCCEEDING)(SEPT 2011) 14
3.39 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS(JUN 2012) 14
3.40 LIGHTING: INTERIOR AND PARKING-SHELL(SUCCEEDING)(SEP 2013) 14
3.41 ACOUSTICAL REQUIREMENTS(JUN 2012) 14
3.42 INDOOR AIR QUALITY DURING CONSTRUCTION(SEP 2013) 15
15
LEASE NO.57-4209-15-003,PAGE 2 LESSOR: GOVERNMENT: GSA FORM L202(05/15)
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3.43 SYSTEMS COMMISSIONING(APR 2011)
3.44 INTENTIONALLY DELETED 16
3.45 INTENTIONALLY DELETED 16
16
SECTION 4 DESIGN,CONSTRUCTION,AND POST AWARD ACTIVITIES
17
4.01 SCHEDULE FOR COMPLETION OF SPACE(SUCCEEDING)(JUN 2012)
4.02 INTENTIONALLY DELETED 17
4.03 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY(SUCCEEDING)(MAY 2015) 17
4.04 AS-BUILT DRAWINGS(JUN 2012) 17
4.05 INTENTIONALLY DELETED 17
17
SECTION 5 TENANT IMPROVEMENT COMPONENTS
18
5.01 TENANT IMPROVEMENT REQUIREMENTS(SEP 2013)
5.02 FINISH SELECTIONS(SUCCEEDING)(SEPT 2011) 18
5.03 DOORS: INTERIOR(SUCCEEDING)(SEP 2013) 18
5.04 DOORS: HARDWARE(SUCCEEDING)(SEP 2013) 18
5.05 PARTITIONS: SUBDIVIDING(SUCCEEDING)(SEP 2013) 18
5.06 WALL FINISHES(JUN 2012) 18
5.07 PAINTING-TI(SEP 2013) 18
5.08 FLOOR COVERINGS AND PERIMETERS(APR 2015) 18
5.09 HEATING AND AIR CONDITIONING(SUCCEEDING)(JUN 2012) 19
5.10 ELECTRICAL: DISTRIBUTION(SUCCEEDING)(JUN 2012) 20
5.11 LIGHTING: INTERIOR AND PARKING-TI(SUCCEEDING)(SEP 2013) 20
20
SECTION 6 UTILITIES,SERVICES,AND OBLIGATIONS DURING THE LEASE TERM
21
6.01 PROVISION OF SERVICES,ACCESS,AND NORMAL HOURS(JUN 2012)
6.02 UTILITIES(APR 2011) 21
6.03 INTENTIONALLY DELETED 21
6.04 UTILITY CONSUMPTION REPORTING(JUN 2012) 21
6.05 HEATING AND AIR CONDITIONING(SEP 2014) 21
6.06 INTENTIONALLY DELETED 21
6.07 JANITORIAL SERVICES(JUN 2012) 21
6.08 SELECTION OF CLEANING PRODUCTS(APR 2015) 21
6.09 SELECTION OF PAPER PRODUCTS(APR 2015) 22
6.10 INTENTIONALLY DELETED 22
6.11 MAINTENANCE AND TESTING OF SYSTEMS(SEP 2013) 22
6.12 MAINTENANCE OF PROVIDED FINISHES(SEP 2013) 22
6.13 ASBESTOS ABATEMENT(APR 2011) 22
6.14 ONSITE LESSOR MANAGEMENT(APR 2011) 23
6.15 IDENTITY VERIFICATION OF PERSONNEL(SEP 2013) 23
6.16 SCHEDULE OF PERIODIC SERVICES(JUN 2012) 23
6.17 LANDSCAPING(SUCCEEDING)(JUN 2012) 24
6.18 LANDSCAPE MAINTENANCE(APR 2011) 24
6.19 RECYCLING(JUN 2012) 24
6.20 RANDOLPH-SHEPPARD COMPLIANCE(SEP 2013) 24
6.21 INTENTIONALLY DELETED 24
6.22 INDOOR AIR QUALITY(SEP 2013) 24
6.23 RADON IN AIR(SUCCEEDING)(SEP 2013) 24
6.24 RADON IN WATER(JUN 2012) 25
6.25 HAZARDOUS MATERIALS(SEP 2013) 25
6.26 MOLD(SEP 2013) 26
6.27 OCCUPANT EMERGENCY PLANS(SEP 2013) 26
6.28 INTENTIONALLY DELETED 26
26
SECTION 7 ADDITIONAL TERMS AND CONDITIONS
27
7.01 SECURITY STANDARDS(JUN 2012) 27
7.02 DELETED PARAGRAPHS: THE FOLLOWING PARAGRAPHS HAVE BEEN DELETED FROM THIS LEASE 27
7.03 MODIFIED PARAGRAPHS: THE FOLLOWING PARAGRAPHS HAVE BEEN MODIFIED IN THIS LEASE 27
LEASE NO.57-4209-15-003,PAGE 3 LESSOR: GOVERNMENT: GSA FORM L202(05/15)
SECTION 1 THE PREMISES, RENT,AND OTHER TERMS
1.01 THE PREMISES(SUCCEEDING)(SEP 2013)
Unless otherwise noted, the Government accepts the Premises and tenant improvements in their existing condition, except where specifications or
standards are contained elsewhere in this Lease. These standards include security improvements,Fire Protection and Life Safety requirements,ABAAS
compliance,as well as compliance with all local codes and ordinances. Such acceptance by the Government of existing Premises shall not relieve Lessor
of continuing obligations for cleaning,janitorial,maintenance,repair,etc. as set forth in the Lease paragraphs and attached General Clauses.
The Premises are described as follows:
A. Office and Related Space: 1,100 rentable square feet(RSF),yielding 1,100 ANSI/BOMA Office Area(ABOA)square feet(SF)of office and related
Space located on the 1st floor(s)as depicted on the floor plan(s)attached hereto as Exhibit A.
B. Common Area Factor: The Common Area Factor(CAF) is established as 0.0 percent. This factor,which represents the conversion from ABOA to
rentable square feet,rounded to the nearest whole percentage,shall be used for purposes of rental adjustments in accordance with the Payment Clause
of the General Clauses.
1.02 EXPRESS APPURTENANT RIGHTS(SEP 2013)
The Government shall have the non-exclusive right to the use of Appurtenant Areas, and shall have the right to post Rules and Regulations Governing
Conduct on Federal Property,Title 41 CFR, Part 102-74,Subpart C within such areas. The Government will coordinate with Lessor to ensure signage is
consistent with Lessor's standards. Appurtenant to the Premises and included in the Lease are rights to use the following:
A. Parking: 12 parking spaces as depicted on the plan attached hereto as Exhibit Al; 0(NONE) parking spaces as depicted on the plan shall be
reserved and marked for the exclusive use of the Government,of which 0(NONE)shall be structured/inside parking spaces,and 12 shall be surface/outside
parking spaces. In addition, the Lessor shall provide such additional parking spaces as required by the applicable code of the local government entity
having jurisdiction over the Property. Parking lot must accommodate pull through parking for trucks with trailers.
B. Antennas,Satellite Dishes,and Related Transmission Devices: (1)Space located on the roof of the Building sufficient in size for the installation and
placement of telecommunications equipment,(2)the right to access the roof of the Building,and(3)use of all Building areas(e.g.,chases,plenums,etc.)
necessary for the use,operation,and maintenance of such telecommunications equipment at all times during the term of this Lease.
1.03 RENT AND OTHER CONSIDERATIONS(APR 2015)
A. The Government shall pay the Lessor annual rent,payable in monthly installments in arrears,at the following rates:
YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5
ANNUAL RENT ANNUAL RENT ANNUAL RENT ANNUAL RENT ANNUAL RENT
SHELL RENT $11,824.24 $12,060.72 $12,301.94 $12,547.98 $12,798.94
OPERATING
CoSTSZ $1,430.00 $1,458.60 $1,487.77 $1,517.53 $1,547.88
TOTAL $13,254.24 $13,519.32 $13,789.71 $14,065.51
ANNUAL RENT $14,346.82
YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10
ANNUAL RENT ANNUAL RENT ANNUAL RENT ANNUAL RENT ANNUAL RENT
SHELL RENT $13,054.92 $13,316.01 $13,582.34 $13,853.98 $14,131.06
OPERATING
CoSTSZ $1,578.84 $1,610.41 $1,642.62 $1,675.47 $1,708.98
TOTAL $14,633.75 $14,926.43 $15,224.96 $15,529.45 $15,840.04
ANNUAL RENT
1Shell rent calculation—Base Year:
Term$10.74 per RSF multiplied by 1,100 RSF. 2%Escalation per year through term of lease
'Operating Costs rent calculation—Base Year:$1.30 per RSF multiplied by 1,100 RSF.2%Escalation per year through term of lease
E. If the Government occupies the Premises for less than a full calendar month, then rent shall be prorated based on the actual number of days of
occupancy for that month.
F. Rent shall be paid to Lessor by electronic funds transfer in accordance with the provisions of the General Clauses. Rent shall be payable to the
Payee designated by the Lessor in the System for Award Management(SAM). If the payee is different from the Lessor, both payee and Lessor must be
registered in SAM.
G. Lessor shall provide to the Government,in exchange for the payment of rental and other specified consideration,the following:
1. The leasehold interest in the Property described in the paragraph entitled"The Premises."
2. All costs,expenses and fees to perform the work required for acceptance of the Premises in accordance with this Lease, including all costs for
labor,materials, and equipment,professional fees,contractor fees,attorney fees,permit fees,inspection fees,and similar such fees,and all related
expenses.
LEASE NO.57-4209-15-003,PAGE 4 LESSOR: GOVERNMENT: GSA FORM L202(05/15)
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3. Performance or satisfaction of all other obligations set forth in this Lease; and all services, utilities, and maintenance required for the proper
operation of the Property, the Building, and the Premises in accordance with the terms of the Lease, including, but not limited to, all inspections,
modifications,repairs, replacements,and improvements required to be made thereto to meet the requirements of this Lease.
1.04 INTENTIONALLY DELETED
LEASE NO.57-4209-15-003,PAGE 5 LESSOR: GOVERNMENT: GSA FORM L202(05/15)
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1.05 TERMINATION RIGHTS(AUG 2011) °d dna v
The Government may terminate this Lease,in whole or in part,at any time effective after the Firm Term of this Lease,by providing not less than 120 days'
prior written notice to the Lessor. The effective date of the termination shall be the day following the expiration of the required notice period or the
termination date set forth in the notice,whichever is later. No rental shall accrue after the effective date of termination.
1.06 INTENTIONALLY DELETED
1.07 DOCUMENTS INCORPORATED IN THE LEASE(APR 2015)
The following documents are attached to and made part of the Lease:
Document Name No.of Exhibit
Pages
Floor Plan(s)
1 A
Parking Plan(s)
1 A.1
Agency specific Requirements OCIO/ITS
6 g
Agency Specific Requirements AD-2056
10 B.1
Security Requirements level I
3 C
GSA Form 3517B, General Clauses
46 E
GSA Form 3518-SAM,Addendum to System for Award Management(SAM)Representations and Certifications
(Acquisitions of Leasehold Interests in Real Property) 2 H
1.08 INTENTIONALLY DELETED
1.09 INTENTIONALLY DELETED
1.10 INTENTIONALLY DELETED
1.11 PERCENTAGE OF OCCUPANCY FOR TAX ADJUSTMENT(JUN 2012)
As of the Lease Award Date,the Government's Percentage of Occupancy,as defined in the"Real Estate Tax Adjustment"paragraph of this Lease is 9.17
percent. The Percentage of Occupancy is derived by dividing the total Government Space of 1,100 RSF by the total Building space of 12,000 RSF.
1.12 INTENTIONALLY DELETED
1.13 INTENTIONALLY DELETED
1.14 RATE FOR ADJUSTMENT FOR VACANT LEASED PREMISES(SEP 2013)
In accordance with the paragraph entitled"Adjustment for Vacant Premises"if the Government fails to occupy or vacates the entire or any portion of the
Premises prior to expiration of the term of the Lease, the operating costs paid by the Government as part of the rent shall be reduced by$0.00 per
ABOA SF of Space vacated by the Government.
1.15 INTENTIONALLY DELETED
1.16 INTENTIONALLY DELETED
1.17 BUILDING IMPROVEMENTS(SEP 2012)
Before the Govemment accepts the Space,the Lessor shall complete the following additional Building improvements prior to acceptance of the Space:
A. Agency Specific Requirements—Exhibit B
B. Security Requirements Level I— Exhibit C
LEASE NO.57-4209-15-003,PAGE 6 LESSOR: GOVERNMENT: GSA FORM L202(05/15)
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SECTION 2 GENERAL TERMS, CONDITIONS,AND STANDARDS
2.01 DEFINITIONS AND GENERAL TERMS(SEP 2013)
Unless otherwise specifically noted,all terms and conditions set forth in this Lease shall be interpreted by reference to the following definitions,standards,
and formulas:
A. Appurtenant Areas. Appurtenant Areas are defined as those areas and facilities on the Property that are not located within the Premises, but for
which rights are expressly granted under this Lease, or for which rights to use are reasonably necessary or reasonably anticipated with respect to the
Government's enjoyment of the Premises and express appurtenant rights.
B. Building. The building(s)situated on the Property in which the Premises are located shall be referred to as the Building(s).
C. Common Area Factor(CAF). The Common Area Factor(CAF)is a conversion factor determined by the Building owner and applied by the owner to
the ABOA SF to determine the RSF for the leased Space. The CAF is expressed as a percentage of the difference between the amount of rentable SF
and ABOA SF,divided by the ABOA SF. For example 11,500 RSF and 10,000 ABOA SF will have a CAF of 15%[(11,500 RSF-10,000 ABOA SF)/10,000
ABOA SF]. For the purposes of this Lease,the CAF shall be determined in accordance with the applicable ANSI/BOMA standard for the type of space
to which the CAF shall apply.
D. Contract. Contract and contractor means Lease and Lessor,respectively.
E. Days. All references to"day"or"days"in this Lease shall mean calendar days,unless specified otherwise.
F. FAR/GSAR. All references to the FAR shall be understood to mean the Federal Acquisition Regulation,codified at 48 CFR Chapter 1. All references
to the GSAR shall be understood to mean the GSA supplement to the FAR,codified at 48 CFR Chapter 5.
G. Firm Term/Non-Firm Term. The Firm Term is that part of the Lease term that is not subject to termination rights. The Non-Firm Term is that part of
the Lease term following the end of the Firm Term.
H. Lease Term Commencement Date. The Lease Term Commencement Date means the date on which the lease term commences.
I. Lease Award Date. The Lease Award Date means the date of execution of the Lease by the RPLO and the mailing or otherwise furnishing written
notification of the executed Lease to the successful Offeror(and on which the parties'obligations under the Lease begin).
J. Premises. The Premises are defined as the total Office Area or other type of Space,together with all associated common areas,described in Section
1 of this Lease, and delineated by plan in the attached exhibit. Parking and other areas to which the Government has rights under this Lease are not
included in the Premises.
K. Property. The Property is defined as the land and Buildings in which the Premises are located,including all Appurtenant Areas(e.g.,parking areas)
to which the Government is granted rights.
L. Rentable Space or Rentable Square Feet(RSF). Rentable Space is the area for which a tenant is charged rent. It is determined by the Building
owner and may vary by city or by building within the same city. The Rentable Space may include a share of Building support/common areas such as
elevator lobbies, Building corridors, and floor service areas. Floor service areas typically include restrooms,janitor rooms,telephone closets,electrical
closets, and mechanical rooms. The Rentable Space does not include vertical building penetrations and their enclosing walls, such as stairs, elevator
shafts,and vertical ducts. Rentable Square Feet is calculated using the following formula for each type of Space(e.g.,office,warehouse,etc.)included
in the Premises: ABOA SF of Space x(1 +CAF)=RSF.
M. Space. The Space shall refer to that part of the Premises to which the Government has exclusive use,such as Office Area,or other type of Space.
Parking areas to which the Government has rights under this Lease are not included in the Space.
N. Office Area. For the purposes of this Lease,Space shall be measured in accordance with the standard(Z65.1-1996)provided by American National
Standards Institute/Building Owners and Managers Association (ANSI/BOMA)for Office Area, which means"the area where a tenant normally houses
personnel and/or furniture,for which a measurement is to be computed." References to ABOA mean ANSI/BOMA Office Area.
O. Working Days. Working Days shall mean weekdays,excluding Saturdays and Sundays and Federal holidays.
2.02 AUTHORIZED REPRESENTATIVES(JUN 2012)
The signatories to this Lease shall have full authority to bind their respective principals with regard to all matters relating to this Lease. No other persons
shall be understood to have any authority to bind their respective principals, except to the extent that such authority may be explicitly delegated by notice
to the other party, or to the extent that such authority is transferred by succession of interest. The Government shall have the right to substitute its REAL
PROPERTY LEASING OFFICER(RPLO)by notice,without an express delegation by the prior RPLO.
2.03 ALTERATIONS REQUESTED BY THE GOVERNMENT(SEP 2013)
A. The Government may request the Lessor to provide alterations during the term of the Lease. Alterations will be ordered by issuance of a Lease
Amendment,GSA Form 300,Order for Supplies or Services,or,when specifically authorized to do so by the RPLO,a tenant agency-approved form.The
GSAM clause, 552.270-31,Prompt Payment, including its invoice requirements, shall apply to orders for alterations. All orders are subject to the terms
and conditions of this Lease and may be placed by the RPLO or a warranted contracting officer's representative (COR) in USDA or the tenant agency
when specifically authorized to do so by the REAL PROPERTY LEASING OFFICER,subject to the threshold limitation below.
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B. Orders for alterations issued by an authorized COR are limited to no more than$150,000(RPLOs are not subject to this threshold). This threshold
will change according to future adjustments of the simplified acquisition threshold(see FAR 2.101).The RPLO will provide the Lessor with a list of tenant
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.
C. Payments for alterations ordered by the tenant agency under the authorization described in sub-paragraph B will be made directly by the tenant
agency placing the order.
2.04 WAIVER OF RESTORATION(APR 2011)
The Lessor shall have no right to require the Government to restore the Premises upon termination of the Lease, and waives all claims against the
Government for waste,damages,or restoration arising from or related to(a)the Government's normal and customary use of the Premises during the term
of the Lease(including any extensions thereof), as well as(b)any initial or subsequent alteration to the Premises regardless of whether such alterations
are performed by the Lessor or by the Government.At its sole option, the Government may abandon property in the Space following expiration of the
Lease,in which case the property will become the property of the Lessor and the Government will be relieved of any liability in connection therewith.
2.05 INTENTIONALLY DELETED
2.06 CHANGE OF OWNERSHIP(APR 2015)
A. If during the term of the Lease,title to the Property is transferred, the Lease is assigned, or the Lessor changes its legal name,the Lessor and its
successor shall comply with the requirements of FAR Subpart 42.12. If title is transferred,the Lessor shall notify the Government within five days of the
transfer of title.
B. The Government and the Lessor may execute a Change of Name Agreement if the Lessor is changing only its legal name, and the Government's
and the Lessor's respective rights and obligations remain unaffected. A sample form is found at FAR 42.1205.
C. If title to the Property is transferred, or the Lease is assigned,the Government, the original Lessor(Transferor), and the new owner or assignee
(Transferee)shall execute a Novation Agreement providing for the transfer of Transferor's rights and obligations under the Lease to the Transferee. When
executed on behalf of the Government,a Novation Agreement will be made part of the Lease via Lease Amendment.
D. In addition to all documents required by FAR 42.1204,the RPLO may request additional information(e.g.,copy of the deed,bill of sale,certificate of
merger, contract, court decree, articles of incorporation, operation agreement, partnership certificate of good standing, etc.) from the Transferor or
Transferee to verify the parties'representations regarding the transfer,and to determine whether the transfer of the Lease is in the Government's interest.
E. If the RPLO determines that recognizing the Transferee as the Lessor will not be in the Government's interest,the Transferor shall remain fully liable
to the Government for the Transferee's performance of obligations under the Lease,notwithstanding the transfer. Under no condition shall the Government
be obligated to release the Transferor of obligations prior to(a)the rent commencement date; and(b) any amounts due and owing to the Government
under the Lease have been paid in full or completely set off against the rental payments due under the Lease.
F. As a condition for being recognized as the Lessor and entitlement to receiving rent,the Transferee must register in the System for Award Management
(SAM) (See FAR 52.232-33), and complete and sign GSA Form 3518-SAM,Addendum to System for Award Management(SAM) Representations and
Certifications(Acquisitions of Leasehold Interests in Real Property).
G. If title to the Property is transferred,or the Lease is assigned,rent shall continue to accrue,subject to the Government's rights as provided for in this
Lease. However, the Government's obligation to pay rent to the Transferee shall be suspended until the Government has received all information
reasonably required by the RPLO under sub-paragraph D, the Government has determined that recognizing the Transferee as the Lessor is in the
Government's interest(which determination will be prompt and not unreasonably withheld), and the Transferee has met all conditions specified in sub-
paragraph F. So long as any delays in effecting the recognition of Transferee as Lessor are not the responsibility of the Government, no interest shall
accrue on suspended rent.
2.07 INTENTIONALLY DELETED
2.08 ADJUSTMENT FOR VACANT PREMISES(SEP 2013)
A. If the Government fails to occupy any portion of the leased Premises or vacates the Premises in whole or in part prior to expiration of the term
of the Lease,the rental rate and the base for operating cost adjustments will be reduced.
B. If no rate reduction has been established in this Lease,the rate will be reduced by that portion of the costs per ABOA SF of operating expenses
not required to maintain the Space. Said reduction shall occur after the Government gives 30 calendar days'prior notice to the Lessor and shall continue
in effect until the Government occupies the vacant Premises or the Lease expires or is terminated.
2.09 INTENTIONALLY DELETED
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SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS
3.01 WORK PERFORMANCE(JUN 2012)
All work in performance of this Lease shall be done by skilled workers or mechanics and shall be acceptable to the RPLO. The RPLO may reject the
Lessor's workers 1)if such are unlicensed,unskilled, or otherwise incompetent,or 2)if such have demonstrated a history of either untimely or otherwise
unacceptable performance in connection with work carried out in conjunction with either this contract or other government or private contracts.
3.02 RECYCLED CONTENT PRODUCTS(COMPREHENSIVE PROCUREMENT GUIDELINES)(SEP 2013)
A. The Lessor shall comply to the extent feasible with the Resource Conservation and Recovery Act(RCRA), Section 6002, 1976. The Lessor shall
use recycled content products as indicated in this Lease and as designated by the U.S. Environmental Protection Agency(EPA)in the Comprehensive
Procurement Guidelines (CPG),40 CFR Part 247, and its accompanying Recovered Materials Advisory Notice(RMAN). The CPG lists the designated
recycled content products. EPA also provides recommended levels of recycled content for these products. The list of designated products, EPA's
recommendations,and lists of manufacturers and suppliers of the products can be found at http://wvw epa.gov/cpq.
B. The Lessor, if unable to comply with both the CPG and RMAN lists, shall submit a Request for Waiver for each material to the RPLO with the TI
pricing submittal. The request for waiver shall be based on the following criteria:
1. The cost of the recommended product is unreasonable.
2. Inadequate competition exists.
3. Items are not available within a reasonable period.
4. Items do not meet Lease performance standards.
3.03 ENVIRONMENTALLY PREFERABLE BUILDING PRODUCTS AND MATERIALS(SEP 2013)
A. The Lessor shall use environmentally preferable products and materials. The Lessor is encouraged to consider the lifecycle analysis of the product
in addition to the initial cost.
B. Refer to EPA's environmentally preferable purchasing Web site,www.epa.gov/epp and USDA Bio-Preferred products Web site www.biopreferred.nov.
In general,environmentally preferable products and materials do one or more of the following:
1. Contain recycled material,are bio-based,are rapidly renewable(10-year or shorter growth cycle),or have other positive environmental attributes.
2. Minimize the consumption of resources,energy, and water.
3. Prevent the creation of solid waste,air pollution,or water pollution.
4. Promote the use of nontoxic substances and avoid toxic materials or processes.
C. The Lessor is encouraged to use products that are extracted and manufactured regionally.
3.04 EXISTING FIT-OUT,SALVAGED,OR REUSED BUILDING MATERIAL(JUN 2012)
A. Items and materials existing in the Premises,or to be removed from the Premises during the demolition phase,are eligible for reuse in the construction
phase of the project. The reuse of items and materials is preferable to recycling them; however, items considered for reuse shall be in re-furbished
condition and shall meet the quality standards set forth by the Government in this Lease. In the absence of definitive quality standards, the Lessor is
responsible to confirm that the quality of the item(s) in question shall meet or exceed accepted industry or trade standards for first quality commercial
grade applications.
B. The Lessor shall submit a reuse plan to the RPLO. The Government will not pay for existing fixtures and other Tls accepted in place. However,the
Government will reimburse the Lessor, as part of the TIA,the costs to repair or improve such fixtures or improvements identified on the reuse plan and
approved by the RPLO.
3.05 CONSTRUCTION WASTE MANAGEMENT(SUCCEEDING)(JUN 2012)
A. Recycling construction waste is mandatory for initial space alterations for Tls and subsequent alterations under the Lease.
B. Recycling construction waste means providing all services necessary to furnish construction materials or wastes to organizations which will employ
these materials or wastes in the production of new materials. Recycling includes required labor and equipment necessary to separate individual materials
from the assemblies of which they form a part.
C. Submittal Requirement: Prior to construction commencement, a proposed plan following industry standards to recycle construction waste. The
construction waste management plan shall quantify material diversion goals and maximize the materials to be recycled and/or salvaged (at least 50
percent)from construction,demolition,and packaging debris. Where the small quantity of material,the extraordinarily complex nature of the waste disposal
method, or prohibitive expense for recycling would represent a genuine hardship,the Government,upon written request of the Lessor and approval of the
RPLO,may permit alternative means of disposal.
D. The Lessor shall recycle the following items during both the demolition and construction phases of the project, subject to economic evaluation and
feasibility:
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1. Ceiling grid and tile
2. Light fixtures,including proper disposal of any transformers,ballasts,and fluorescent light bulbs
3. Duct work and HVAC equipment
4. Wiring and electrical equipment
5. Aluminum and/or steel doors and frames
6. Hardware
7. Drywall
8. Steel studs
9. Carpet,carpet backing, and carpet padding
10.Wood
11. Insulation
12.Cardboard packaging
13. Pallets
14.Windows and glazing materials
15.All miscellaneous metals(as in steel support frames for filing equipment)
16.All other finish and construction materials.
E. If any waste materials encountered during the demolition or construction phase are found to contain lead,asbestos,polychlorinated biphenyls(PCBs)
(such as fluorescent lamp ballasts), or other harmful substances, they shall be handled and removed in accordance with Federal and state laws and
requirements concerning hazardous waste.
F. In addition to providing "one time" removal and recycling of large scale demolition items such as carpeting or drywall, the Lessor shall provide
continuous facilities for the recycling of incidental construction waste during the initial construction.
G. Construction materials recycling records shall be maintained by the Lessor and shall be accessible to the RPLO. Records shall include materials
recycled or land-filled,quantity,date,and identification of hazardous wastes.
3.06 BUILDING SHELL REQUIREMENTS(SEP 2013)
A. The Building Shell shall be designed,constructed,and maintained in accordance with the standards set forth herein and completed prior to acceptance
of Space. For pricing,fulfillment of all requirements not specifically designated as Tls,Building Specific Amortized Capital,Operating Costs,or other rent
components as indicated shall be deemed included in the Shell Rent.
B. Base structure and Building enclosure components shall be complete. All common areas accessible by the Government,such as lobbies,fire egress
corridors and stairwells, elevators, garages, and service areas, shall be complete. Restrooms shall be complete and operational. All newly installed
Building shell components, including but not limited to, heating, ventilation, and air conditioning (HVAC), electrical, ceilings, sprinklers, etc., shall be
furnished, installed, and coordinated with Tls. Circulation corridors are provided as part of the 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(s)necessary to meet code is provided as part of the
shell.
3.07 RESPONSIBILITY OF THE LESSOR AND LESSOR'S ARCHITECT/ENGINEER(SUCCEEDING)(APR 2011)
The Lessor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs,drawings, specifications. and other
services furnished by the Lessor under this contract. The Lessor shall,without additional compensation,correct or revise any errors or deficiencies in its
designs,drawings,specifications,or other services.
3.08 QUALITY AND APPEARANCE OF BUILDING(SUCCEEDING)(SEPT 2011)
During the life of the Lease the Building shall project a professional and aesthetically pleasing appearance including an attractive front and entrance way.
The facade,downspouts, roof trim, and window casing shall be clean and in good condition.
3.09 VESTIBULES(SUCCEEDING)(APR 2011)
A. Existing vestibules shall remain in place at public entrances and exits wherever weather conditions and heat loss are important factors for
consideration. In the event of negative air pressure conditions,provisions shall be made for equalizing air pressure.
B. Existing grilles and grates shall remain in place to control dirt and particulates from entering the Building at all primary exterior entryways.
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3.10 MEANS OF EGRESS(MAY 2015)
A. Prior to occupancy,the Premises and any parking garage areas shall meet or wit be upgraded to meet,either the applicable egress requirements in
the National Fire Protection Association, Life Safety Code(NFPA 101),or the International Code Council,International Building Code(IBC),each current
as of the Lease Award Date,or use an alternative approach or method that achieves an equivalent level of safety deemed acceptable by the Government.
B. The Space shall have unrestricted access to a minimum of two remote exits on each floor of Government occupancy.
C. Interlocking or scissor stairs located on the floor(s)where Space is located shall only count as one exit stair.
D. A fire escape located on the floor(s)where Space is located shall not be counted as an approved exit stair.
E. Doors shall not be locked in the direction of egress unless equipped with special locking hardware in accordance with requirements of NFPA 101 or
the IBC.
3.11 INTENTIONALLY DELETED
3.12 INTENTIONALLY DELETED
3.13 ENERGY INDEPENDENCE AND SECURITY ACT(DEC 2011)
A. The Energy Independence and Security Act(EISA)establishes the following requirements for Government Leases in Buildings that have not earned
the ENERGY STAR® Label conferred by the Environmental Protection Agency (EPA)within one year prior to the due date for final proposal revisions
("most recent year").
B. If this Lease was awarded under any of EISA's Section 435 statutory exceptions,the Lessor shall either:
1. Earn the ENERGY STAR®Label prior to acceptance of the Space(or not later than one year after the Lease Award Date of a succeeding or
superseding Lease);or
2. Complete energy efficiency and conservation improvements if any, agreed to by Lessor in lieu of earning the ENERGY STAR®Label prior to
acceptance of the Space(or not later than one year after the Lease Award Date of a succeeding or superseding Lease).
C. If this Lease was awarded to a Building to be built or to a Building predominantly vacant as of the due date for final proposal revisions and was unable
to earn the ENERGY STAR®label for the most recent year(as defined above) due to insufficient occupancy, but was able to demonstrate sufficient
evidence of capability to earn the ENERGY STAR®label,then Lessor must earn the ENERGY STAR®label within 18 months after occupancy by the
Government.
3.14 INTENTIONALLY DELETED
3.15 INTENTIONALLY DELETED
3.16 DEMOLITION(JUN 2012)
The Lessor shall remove existing abandoned electric,telephone,and data cabling and devices,as well as any other improvements or fixtures in place to
accommodate the Government's requirements. Any demolition of existing improvements that is necessary to satisfy the Government's layout shall be
done at the Lessor's expense.
3.17 ACCESSIBILITY(FEB 2007)
The Building, leased Space, and areas serving the leased Space shall be accessible to persons with disabilities in accordance with the Architectural
Barriers Act Accessibility Standard (ABAAS),Appendices C and D to 36 CFR Part 1191 (ABA Chapters 1 and 2, and Chapters 3 through 10). To the
extent the standard referenced in the preceding sentence conflicts with local accessibility requirements,the more stringent shall apply.
3.18 CEILINGS(APR 2015)
A complete acoustical ceiling system(which includes grid and lay-in tiles or other Building standard ceiling system as approved by the RPLO)throughout
the Space and Premises shall be required. The acoustical ceiling system shall be furnished,installed,and coordinated with Tls.
A. Ceilings shall be at a minimum 9 feet and 0 inches and no more than 12 feet and 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 Space,with no obvious damage to tiles or
grid.
B. Prior to closing the ceiling,the Lessor shall coordinate with the Government for the installation of any items above the ceiling.
C. Should the ceiling be installed in the Space prior to construction of the Tls, then the Lessor shall be responsible for all costs in regard to the
disassembly,storage during construction,and subsequent re-assembly of any of the ceiling components which may be required to complete the Tls. The
Lessor shall also bear the risk for any damage to the ceiling or any components thereof during the construction of the Tls.
D. Ceilings shall be a flat plane in each room and shall be suspended and finished as follows unless an alternate equivalent is pre-approved by the
RPLO:
1. Restrooms. Plastered or spackled and taped gypsum board.
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2. Offices and conference rooms. Mineral and acoustical tile or lay in panels with textured or patterned surface and regular edges or an equivalent
pre-approved by the RPLO. Tiles or panels shall contain a minimum of 30%recycled content.
3. Corridors and eatinq/galley areas. Plastered or spackled and taped gypsum board or mineral acoustical tile.
3.19 EXTERIOR AND COMMON AREA DOORS AND HARDWARE(SEP 2013)
A. Exterior Building doors and doors necessary to the lobbies,common areas,and core areas shall be required. This does not include suite entry or
interior doors specific to Tls.
B. Exterior doors shall be weather tight and shall open outward. Hinges, pivots,and pins shall be installed in a manner which prevents removal when
the door is closed and locked. These doors shall have a minimum clear opening of 32"clear wide x 80"high(per leaf). Doors shall be heavy duty,flush,
(1)hollow steel construction,(2)solid core wood,or(3)insulated tempered glass. As a minimum requirement,hollow steel doors shall be fully insulated,
flush, #16-gauge hollow steel. Solid-core wood doors and hollow steel doors shall be at least 1-3/4 inches thick. Door assemblies shall be of durable
finish and shall have an aesthetically pleasing appearance acceptable to the RPLO. The opening dimensions and operations shall conform to the governing
building,fire safety,accessibility,and energy codes and/or requirements. Fire door assemblies shall be listed and labeled.Labels on fire door assemblies
shall be maintained in a legible condition. Fire door assemblies and their accompanying hardware, including frames and closing devices shall be installed
in accordance with the requirements of NFPA 80,Standard for Fire Doors and Other Opening Protectives.
C. Exterior doors and all common area doors shall have door handles or door pulls with heavyweight hinges. All doors shall have corresponding
doorstops(wall or floor mounted)and silencers. All public use doors and restroom doors shall be equipped with kick plates. All doors shall have automatic
door closers. All Building exterior doors shall have locking devices installed to reasonably deter unauthorized entry.
3.20 DOORS: IDENTIFICATION(APR 2011)
All signage required in common areas unrelated to tenant identification shall be provided and installed by the Lessor.
3.21 WINDOWS(SUCCEEDING)(SEPT 2011)
All windows shall be weather tight. Operable windows that open shall be equipped with locks. Off-street,ground-level windows and those accessible from
fire escapes,adjacent roofs, and other structures that can be opened must be fitted with a sturdy locking device. Windows accessible from fire escapes
must be readily operable from the inside of the Building.
3.22 PARTITIONS: GENERAL(APR 2015)
Partitions in public areas shall be marble,granite,hardwood,or drywall covered with durable wall covering or high performance coating,or equivalent pre-
approved by the RPLO. Newly installed gypsum board material must be Greenguard Gold Certified or have 0 grams per liter of VOCs.
3.23 PARTITIONS: PERMANENT(APR 2015)
Permanent partitions shall extend from the structural floor slab to the structural ceiling slab. They shall be provided by the Lessor as part of shell rent as
necessary to surround the Space,stairs, corridors,elevator shafts, restrooms, all columns,and janitor closets. They shall have a flame spread rating of
25 or less and a smoke development rating of 450 or less(ASTM E-84). Stairs, elevators, and other floor openings shall be enclosed by partitions and
shall have the fire resistance required by the applicable building code,fire code and ordinances adopted by the jurisdiction in which the Building is located
(such as the International Building Code, etc.)current as of the Lease Award Date. Newly installed gypsum board material must be Greenguard Gold
Certified or have 0 grams per liter of VOCs.
3.24 INSULATION: THERMAL,ACOUSTIC,AND HVAC(SEP 2013)
A. All insulation products shall contain recovered materials as required by EPA's CPG and related recycled content recommendations.
B. No insulation installed with this project shall be material manufactured using chlorofluorocarbons(CFCs),nor shall CFCs be used in the installation
of the product.
C. All insulation containing fibrous materials exposed to air flow shall be rated for that exposure or shall be encapsulated.
D. Insulating properties for all materials shall meet or exceed applicable industry standards. Polystyrene products shall meet American Society for
Testing and Materials(ASTM)C578 91.
E. All insulation shall be low emitting with not greater than.05 ppm formaldehyde emissions.
F. The maximum flame spread and smoke developed index for insulation shall meet the requirements of the applicable local codes and ordinances
(current as of the Lease Award Date)adopted by the jurisdiction in which the Building is located.
3.25 WALL FINISHES—SHELL(SUCCEEDING)(JUN 2012)
A. All restrooms within the Building common areas of Government-occupied floors shall have 1)ceramic tile,recycled glass tile,or comparable wainscot
from the finished floor to a minimum height of 4'-6"and 2)semi gloss paint on remaining wall areas,or other finish approved by the Government.
B. All elevator areas that access the Space and hallways accessing the Space shall be covered with wall coverings not less than 20 ounces per square
yard, high performance paint,or an equivalent.
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3.26 PAINTING-SHELL(JUN 2012) 1 6 E
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A. 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 Space shall be speckled and prime painted with low volatile organic compounds(VOC)primer. If any Building shell
areas are already painted prior to Tls,then the Lessor shall repaint,at the Lessor's expense,as necessary during Tls.
B. The costs for cyclical painting requirements as outlined in Section 6 shall be included in the shell rent.
3.27 FLOORS AND FLOOR LOAD(APR 2015)
A. All adjoining floor areas shall be of a common level not varying more than 1/4 inch over a 10-foot horizontal run in accordance with the American
Concrete Institute standards,non-slip,and acceptable to the RPLO.
B. Under-floor surfaces shall be smooth and level. Office areas shall have a minimum live load capacity of 50 pounds per ABOA SF plus 20 pounds
per ABOA SF for moveable partitions. Storage areas shall have a minimum live load capacity of 100 pounds per ABOA SF,including moveable partitions.
Lessor may be required to provide a report by a registered structural engineer showing the floor load capacity,at the Lessor's expense. Calculations and
structural drawings may also be required.
3.28 FLOOR COVERING AND PERIMETERS—SHELL(SUCCEEDING)(JUN 2012)
A. All Building common areas shall have finished floors,as currently provided.
B. The costs for cyclical carpet replacement requirements as outlined in Section 6 shall be included in the shell rent.
3.29 MECHANICAL, ELECTRICAL,PLUMBING: GENERAL(APR 2011)
The Lessor shall provide and operate all Building equipment and systems in accordance with applicable technical publications, manuals, and standard
procedures. Mains,lines,and meters for utilities shall be provided by the Lessor. Exposed ducts,piping,and conduits are not permitted in office Space.
3.30 BUILDING SYSTEMS(APR 2011)
Whenever requested,the Lessor shall furnish to USDA as part of shell rent, a report by a registered professional engineer(s)showing that the Building
and its systems as designed and constructed will satisfy the requirements of this Lease.
3.31 ELECTRICAL(JUN 2012)
A. The Lessor shall be responsible for meeting the applicable requirements of local codes and ordinances. When codes conflict,the more stringent
standard shall apply. Main service facilities shall be enclosed. The enclosure may not be used for storage or other purposes and shall have door(s)fitted
with an automatic deadlocking latch bolt with a minimum throw of 1/2 inch. Main distribution for standard office occupancy shall be provided at the Lessor's
expense. All floors shall have 120/208 V, 3-phase,4-wire with bond,60 hertz electric service available. In no event shall such power distribution(not
including lighting and HVAC)for the Space fall below 4 watts per ABOA SF.
B. 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 and 10 percent spare load capacity. Distribution panels are required to
accommodate circuit breakers for the actual calculated needs and 10 percent spare circuits that will be equivalent to the majority of other circuit breakers
in the panel system. Fuses and circuit breakers shall be plainly marked or labeled to identify circuits or equipment supplied through them.
C. Convenience outlets shall be installed in accordance with NFPA Standard 70, National Electrical Code, or local code,whichever is more stringent.
The Lessor shall provide duplex utility outlets in restrooms,corridors,and dispensing areas.
3.32 INTENTIONALLY DELETED
3.33 DRINKING FOUNTAINS(APR 2011)
On each floor of Government-occupied Space,the Lessor shall provide a minimum of two drinking fountains with chilled potable water within 200 feet of
travel from any Government-occupied area on the floor. The fountains shall comply with Section F211 of the Architectural Barriers Act Accessibility
Standard.
3.34 RESTROOMS(SEP 2013)
A. If no new construction or major renovation of a restroom is occurring, compliance with local code is sufficient. Separate restroom facilities for men
and women shall be provided in accordance with local code or ordinances,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, on one floor to reach the restrooms. Each restroom shall have sufficient
water closets enclosed with modem stall partitions and doors,urinals(in men's room),and hot(set in accordance with applicable building codes)and cold
water. Water closets and urinals shall not be visible when the exterior door is open.
B. Each main restroom shall contain the following:
1. A mirror and shelf above the lavatory
2. A toilet paper dispenser in each water closet stall that will hold at least two rolls and allow easy,unrestricted dispensing.
3. A coat hook on the inside face of the door to each water closet stall and on several wall locations by the lavatories.
4. At least one modern paper towel dispenser,soap dispenser,and waste receptacle for every two lavatories.
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5. A coin-operated sanitary napkin dispenser in women's restrooms with a waste receptacle in each water closet stall.
6. A disposable toilet seat cover dispenser.
7. 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 interrupter-type convenience outlet located adjacent to the counter area. The counter should be installed to minimize pooling or
spilling of water at the front edge.
8. A floor drain.
9. For new installations and major renovations,restroom partitions shall be made from recovered materials as listed in EPA's CPG.
3.35 PLUMBING FIXTURES:WATER CONSERVATION(DEC 2011)
For new installations and whenever plumbing fixtures are being replaced(replacement per floor is required prior to Lease commencement in all instances
of nonconformance where the Government occupies the full floor):
A. Water closets must conform to EPA WaterSense or fixtures with equivalent flush volumes must be utilized.
B. Urinals must conform to EPA WaterSense or fixtures with equivalent flush volumes must be utilized. Waterless urinals are acceptable.
C. Faucets must conform to EPA WaterSense or fixtures with equivalent flow rates must be utilized. Information on EPA WaterSense fixtures can be
found at http://www.epa.gov/watersense/.
3.36 INTENTIONALLY DELETED
3.37 HEATING VENTILATION AND AIR CONDITIONING—SHELL(SEP 2013)
A. Central HVAC systems shall be installed and operational, including, as appropriate, main and branch lines,VAV boxes, dampers, flex ducts, and
diffusers,for an open office layout,including all Building common areas. The Lessor shall provide conditioned air through medium pressure duct work at
a rate of.75 cubic feet per minute per ABOA SF and systems shall be designed with sufficient systems capacity to meet all requirements in this Lease.
B. Areas having excessive heat gain or heat loss,or affected by solar radiation at different times of the day,shall be independently controlled.
C. Equipment Performance. Temperature control for office Spaces shall be provided by concealed central heating and air conditioning equipment. The
equipment shall maintain Space temperature control over a range of internal load fluctuations of plus 0.5 W/SF to minus 1.5 W/SF from initial design
requirements of the tenant.
D. Ductwork Re-use and Cleaning. Any ductwork to be reused and/or to remain in place shall be cleaned, tested, and demonstrated to be clean in
accordance with the standards set forth by NADCA. The cleaning,testing,and demonstration shall occur immediately prior to Government occupancy to
avoid contamination from construction dust and other airborne particulates.
E. During working hours in periods of heating and cooling, ventilation shall be provided in accordance with the latest edition of American Society of
Heating,Refrigeration and Air-Conditioning Engineers(ASHRAE)Standard 62.1,Ventilation for Acceptable Indoor Air Quality.
F. Air filtration shall be provided and maintained with filters having a minimum efficiency rating as determined by the latest edition of ASHRAE Standard
52.2, Method of Testing General Ventilation Air Cleaning Devices for Removal Efficiency by Particle Size. Pre-filters shall have a Minimum Efficiency
Reporting Value(MERV)efficiency of 8. Final filters shall have a MERV efficiency of 13.
G. Restrooms shall be properly exhausted,with a minimum of 10 air changes per hour.
3.38 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT(SUCCEEDING)(SEPT 2011)
Telecommunications switch rooms,wire closets,and related spaces shall meet applicable NFPA standards. Bonding and grounding shall be in accordance
with NFPA Standard 70,National Electrical Code,and other applicable NFPA standards and/or local code requirements.
3.39 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS(JUN 2012)
A. The Government may elect to contract its own telecommunications(voice,data,video,Internet or other emerging technologies)service in the Space.
The Government may contract with one or more parties to have INS wiring(or other transmission medium)and telecommunications equipment installed.
B. The Lessor shall allow the Government's designated telecommunications providers access to utilize existing Building wiring to connect its services
to the Government's Space. If the existing Building wiring is insufficient to handle the transmission requirements of the Government's designated
telecommunications providers, the Lessor shall provide access from the point of entry into the Building to the Government's floor Space, subject to any
inherent limitations in the pathway involved.
C. The Lessor shall allow the Govemment's designated telecommunications providers to affix telecommunications antennas (high frequency, mobile,
microwave, satellite, or other emerging technologies), subject to weight and wind load conditions, to roof, parapet, or Building envelope as required.
Access from the antennas to the Premises shall be provided.
D. The Lessor shall allow the Government's designated telecommunications providers to affix antennas and transmission devices throughout the Space
and in appropriate common areas frequented by the Government's employees to allow the use of cellular telephones and communications devices
necessary to conduct business.
3.40 LIGHTING: INTERIOR AND PARKING-SHELL(SUCCEEDING)(SEP 2013)
LEASE NO.57.4209-15-003, PAGE 14 LESSOR: GOVERNMENT: GSA FORM L202(05/15)
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NOTE: FOR PRICING ESTIMATING PURPOSES,FIXTURES WILL BE INSTALLED AT THE AVERAGE RATIO OF 1 FIXTURE PER 80 ABOAtlya,SF.
A. Interior Fixtures: High efficiency T-8,T-5,or LED light fixtures(and associated ballasts or drivers)shall be installed as either ceiling grid or pendant
mounted for an open-office plan.Ceiling grid fixtures shall be either 2'wide by 4'long or 2'wide by 2'long. Lessor shall provide,as part of Shell Rent,a
minimum overall lighting fixture efficiency of 85 percent. Lamps shall maintain a uniform color level throughout the lease term.
B. Lighting Levels: Fixtures shall have a minimum of two tubes and shall provide 50 foot-candles at desktop level (30"above finished floor) with a
maximum uniformity ratio of 1.5:1. Lessor shall provide,as part of Shell Rent, 10 average foot-candles in all other Building areas within the Premises with
a uniformity ratio of 4:1.Emergency egress lighting levels shall be provided in accordance with the local applicable building codes(but not less than 1 foot-
candle)by either an onsite emergency generator or fixture mounted battery packs.
C. Power Density:The maximum fixture power density shall not exceed 1.4 watts per ABOA SF.
D. Daylighting Controls: If the Lease is more than 10,000 ABOA SF,the Lessor shall provide daylight dimming controls in atriums or within 15 feet of
windows and skylights where daylight can contribute to energy savings. Daylight harvesting sensing and controls shall be either integral to the fixtures or
ceiling mounted and shall maintain required lighting levels in work spaces.
E. OccupancvNacancy Sensors: The Lessor shall provide ceiling mount occupancy sensors, or vacancy sensors (preferred), or scheduling controls
through the building automation system (BAS) throughout the Space in order to reduce the hours that the lights are on when a particular space is
unoccupied. No more than 1,000 square feet shall be controlled by any one sensor. Occupancy sensors in enclosed rooms shall continue to operate
after the BAS has shutdown the building at the end of the workday.
F. Building Perimeter:
1. Exterior parking areas, vehicle driveways, pedestrian walks, and the Building perimeter lighting levels shall be designed per Illuminating
Engineering Society (IES) standards. Provide 5 foot-candles for doorway areas, 3 foot-candles for transition areas and at least 5 foot-candles
throughout the parking lot.Parking lot fixtures shall provide a maximum to minimum uniformity ratio of 10:1.
2. If the leased space is 100 percent occupied by Government tenants,all exterior parking lot fixtures shall be"Dark Sky"compliant with no property
line trespass.
G. Parking Structures:The minimum illuminance level for parking structures is 5 foot-candles as measured on the floor with a uniformity ratio of 10:1.
H. Parking Sensors: If the leased space is 100 percent occupied by Government tenants,exterior parking area and parking structure lighting shall be
sensor or BAS controlled in order that it may be programmed to produce reduced lighting levels during non use. This non-use time period will normally
be from 11:00 pm to 6:00 am.
I. Exterior Power Backup:Exterior egress,walkway,parking lot,and parking structure lighting must have emergency power backup to provide for safe
evacuation of the Building.
3.41 ACOUSTICAL REQUIREMENTS(JUN 2012)
A. Reverberation Control. Private office and conference rooms using suspended acoustical ceilings shall have a noise reduction coefficient(NRC)of
not less than 0.65 in accordance with ASTM C-423. Open office using suspended acoustical ceilings shall have an NRC of not less than 0.75. Private
offices,conference rooms,and open offices using acoustical cloud or acoustical wall panels with a minimum of 70%coverage shall have an NRC of not
less than 0.85.
B. Ambient Noise Control. Ambient noise from mechanical equipment shall not exceed noise criteria curve(NC)35 in accordance with the ASHRAE
Handbook of Fundamentals in offices and conference rooms; NC 40 in corridors,cafeterias,lobbies,and restrooms;NC 50 in other spaces.
C. Noise Isolation. Rooms separated from adjacent spaces by ceiling high partitions (not including doors)shall not be less than the following noise
isolation class(NIC)standards when tested in accordance with ASTM E-336:
Conference rooms: NIC 40
Offices: NIC 35
D. Testing. The RPLO may require,at Lessor's expense,test reports by a qualified acoustical consultant showing that acoustical requirements have
been met.
3.42 INDOOR AIR QUALITY DURING CONSTRUCTION(SEP 2013)
A. The Lessor shall provide to the Government material safety data sheets(MSDS)or other appropriate documents upon request,but prior to
installation or use for the following products,including but not limited to,adhesives,caulking,sealants,insulating materials,fireproofing or fire stopping
materials,paints,carpets,floor and wall patching or leveling materials,lubricants,clear finishes for wood surfaces,janitorial cleaning products, and pest
control products.
B. The RPLO may eliminate from consideration products with significant quantities of toxic,flammable,corrosive,or carcinogenic material and products
with potential for harmful chemical emissions. Materials used often or in large quantities will receive the greatest amount of review.
C. All MSDS shall comply with Occupational Safety and Health Administration(OSHA)requirements. The Lessor and its agents shall comply with all
recommended measures in the MSDS to protect the health and safety of personnel.
D. To the greatest extent possible,the Lessor shall sequence the installation of finish materials so that materials that are high emitters of volatile
organic compounds(VOCs)are installed and allowed to cure before installing interior finish materials,especially soft materials that are woven,fibrous,
or porous in nature,that may adsorb contaminants and release them over time.
LEASE NO.57-4209-15-003, PAGE 15 LESSOR: GOVERNMENT: GSA FORM L202(05/15)
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E. Where demolition or construction work occurs adjacent to occupied Space,the Lessor shall erect appropriate barriers(noise,dust,odor,etc.)and
take necessary steps to minimize interference with the occupants. This includes maintaining acceptable temperature,humidity,and ventilation in the
occupied areas during window removal,window replacement,or similar types of work.
F. HVAC during Construction: If air handlers are used during construction,the Lessor shall provide filtration media with a MERV of 8 at each return
air grill,as determined by the latest edition of ASHRAE Standard 52.2,Method of Testing General Ventilation Air Cleaning Devices for Removal
Efficiency by Particle Size. The permanent HVAC system may be used to move both supply and return air during the construction process only if the
following conditions are met:
1. A complete air filtration system with 60 percent efficiency filters is installed and properly maintained;
2. No permanent diffusers are used;
3. No plenum type return air system is employed;
4. The HVAC duct system is adequately sealed to prevent the spread of airborne particulate and other contaminants;and
5. Following the Building"flush out,"all duct systems are vacuumed with portable high-efficiency particulate arrestance(NEPA)vacuums and
documented clean in accordance with National Air Duct Cleaners Association(NADCA)specifications.
G. Flush-Out Procedure:
1. A final flush-out period of 72 hours minimum is required after installation of all interior finishes and before occupancy of the Space. The
Lessor shall ventilate 24 hours a day,with new filtration media at 100%outdoor air(or maximum outdoor air while achieving a relative humidity not
greater than 60%).
2. After the 3-day period the Space may be occupied;however,the flush-out must continue for 30 days using the maximum percentage of
outdoor air consistent with achieving thermal comfort and humidity control.
3. Any deviation from this ventilation plan must be approved by the RPLO.
4. The Lessor is required to provide regularly occupied areas of the Space with new air filtration media before occupancy that provides a MERV
of 13 or better.
5. During construction,meet or exceed the recommended design approaches of the Sheet Metal and Air Conditioning National Contractors
Association(SMACNA)IAQ Guideline for Occupied Buildings Under Construction, 1995,Chapter 3
6. Protect stored onsite and installed absorptive materials from moisture damage.
3.43 SYSTEMS COMMISSIONING(APR 2011)
The Lessor shall incorporate commissioning requirements to verify that the installation and performance of energy consuming systems meet the
Government's project requirements. The commissioning shall cover only work associated with Tls or alterations or at a minimum:heating,ventilating,air
conditioning and refrigeration(HVAC&R)systems and associated controls,lighting controls,and domestic hot water systems.
3.44 INTENTIONALLY DELETED
3.45 INTENTIONALLY DELETED
LEASE NO.57-4209-15-003,PAGE 16 LESSOR: GOVERNMENT: GSA FORM L202(05/15)
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SECTION 4 DESIGN,CONSTRUCTION, AND POST AWARD ACTIVITIES
4.01 SCHEDULE FOR COMPLETION OF SPACE(SUCCEEDING)(JUN 2012)
Design and construction activities for the Space shall commence upon Lease award.
Construction of Tls and completion of other required construction work: The Lessor shall complete all work as required in this Lease not later than 60
Working Days following Lease award.
4.02 INTENTIONALLY DELETED
4.03 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY(SUCCEEDING)(MAY 2015)
A. The Government shall accept the Space only if the construction of Building shell and Tls conforming to this Lease is substantially complete, a
Certificate of Occupancy (C of 0) has been issued as set forth below and the Building improvements necessary for acceptance as described in the
paragraph"Building Improvements"are completed.
B. The Space shall be considered substantially complete only if the Space may be used for its intended purpose and completion of remaining work will
not interfere unreasonably with the Government's enjoyment of the Space. Acceptance shall be final and binding upon the Government with respect to
the completion of the Tls,with the exception of items identified on a punch list generated as a result of the inspection,concealed conditions,latent defects,
or fraud,but shall not relieve the Lessor of any other Lease requirements.
C. The Lessor shall provide a valid C of 0, issued by the local jurisdiction,for the intended use of the Government. If the local jurisdiction does not
issue C of O's or if the C of 0 is not available,the Lessor may satisfy this condition by providing a report prepared by a licensed fire protection engineer
that indicates the Space and Building are compliant with all applicable local codes and ordinances and all fire protection and life safety-related requirements
of this Lease.
D. At acceptance,the Lease term shall commence and the Lease Term Commencement Date shall be memorialized by Lease Amendment.
E. The Government will not be required to accept space prior to the schedule outlined in this Lease.
4.04 AS-BUILT DRAWINGS(JUN 2012)
Not later than 30 days after the acceptance of the Space, the Lessor, at Lessor's expense, shall furnish to the Government a complete set of Computer
Aided Design(CAD)files of as-built floor plans showing the Space under Lease, as well as corridors, stairways, and core areas. The plans shall have
been generated by a CAD program which is compatible with the latest release of AutoCAD. The required file extension is".DWG." Clean and purged files
shall be submitted on CD-ROM. They shall be labeled with Building name,address,list of drawing(s),date of the drawing(s),and Lessor's architect and
architect's phone number. The Lessor's operator shall demonstrate the submission on USDA equipment,if requested by the RPLO.
4.05 INTENTIONALLY DELETED
LEASE NO.57-4209-15-003,PAGE 17 LESSOR: GOVERNMENT: GSA FORM L202(05/15)
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SECTION 5 TENANT IMPROVEMENT COMPONENTS
5.01 TENANT IMPROVEMENT REQUIREMENTS(SEP 2013)
The Tls shall be designed, constructed, and maintained in accordance with the standards set forth in this Lease. For pricing, only those requirements
designated as Tls within this section,or designated as Tls within the attached agency requirements and Security Requirements,shall be deemed to be TI
costs.
5.02 FINISH SELECTIONS(SUCCEEDING)(SEPT 2011)
The Lessor must consult with the Government prior to developing a minimum of three(3)finish options to include coordinated samples of finishes for all
interior elements such as paint,wall coverings, base coving,carpet,window treatments,laminates,and flooring. All samples provided must comply with
specifications set forth elsewhere in this Lease. All required finish option samples must be provided at no additional cost to the Government within 10
Working Days after Lease award. USDA must deliver necessary finish selections to the Lessor within 10 Working Days after receipt of samples. The
finish options must be approved by USDA prior to installation. The Lessor may not make any substitutions after the finish option is selected.
5.03 DOORS: INTERIOR(SUCCEEDING)(SEP 2013)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease:
Doors within the Space shall be provided as part of the Tls and shall have a minimum clear opening of 32"wide x 80"high. Doors shall be flush, solid
core,wood with a natural wood veneer face or an equivalent door pre-approved by the RPLO. Hollow core wood doors are not acceptable. They shall
be operable with a single effort,and shall meet the requirements of NFPA 101,Life Safety Code or the International Building Code(current as of the Lease
Award Date). Doors shall be installed in a metal frame assembly which is primed and finished with a low VOC semi-gloss oil-based paint with no
formaldehyde.
5.04 DOORS: HARDWARE(SUCCEEDING)(SEP 2013)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease:
Doors shall have door handles or door pulls with heavyweight hinges. The Lessor is encouraged to avoid the use of chrome-plated hardware. All doors
shall have corresponding doorstops(wall-or floor-mounted)and silencers. All door entrances leading into the Space 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. Furnish at least two master keys for each lock to the Government. Any exterior entrance shall have a high security lock,with
appropriate key control procedures, as determined by Government specifications. Hinge pins and hasps shall be secured against unauthorized removal
by using spot welds or pinned mounting bolts. The exterior side of the door shall have a lock guard or astragal to prevent tampering of the latch hardware.
Doors used for egress only shall not have any operable exterior hardware. All security-locking arrangements on doors used for egress shall comply with
requirements of NFPA 101 or the International Building Code current as of the Lease Award Date.
5.05 PARTITIONS: SUBDIVIDING(SUCCEEDING)(SEP 2013)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease:
A. Office subdividing partitions shall comply with applicable building codes and local requirements and ordinances shall be provided as part of the Tls.
Partitioning shall extend from the finished floor to the finished ceiling and shall be designed to provide a minimum sound transmission class(STC)of 37.
They shall have a flame spread rating of 25 or less and a smoke development rating of 450 or less(ASTM E-84).
B. HVAC shall be rebalanced and lighting repositioned,as appropriate,after installation of partitions.
C. If installed in accordance with the "Automatic Fire Sprinkler System" and "Fire Alarm System" paragraphs, sprinklers and fire alarm notification
appliances shall be repositioned as appropriate after installation of partitions to maintain the level of fire protection and life safety.
5.06 WALL FINISHES(JUN 2012)
If the Government chooses to install a wall covering,the minimum standard is vinyl-free,chlorine-free,plasticizer-free wall covering with recycled content
or bio-based commercial wall covering weighing not less than 13 ounces per square yard or equivalent. If the Government chooses to install a high-
performance paint coating,it shall comply with the VOC limits of the Green Seal Standard GS-11.
5.07 PAINTING—TI(SEP 2013)
A. Prior to acceptance, all surfaces within the Space which are designated by USDA for painting shall be newly finished in colors acceptable to the
Government.
B. The Lessor shall provide interior paints and coatings that meet or are equivalent to the following standards for VOC off gassing:
1. Topcoat paints:Green Seal Standard GS-11,Paints,First Edition, May 20, 1993.
2. All other architectural coatings, primers, and undercoats:South Coast Air Quality Management District(SCAQMD) Rule 1113,Architectural
Coatings,effective January 1,2004.
3. Architectural paints,coatings,and primers applied to interior walls and ceilings:
a. Flats:50 grams per liter(g/L).
LEASE NO.57-4209-15-003,PAGE 18 LESSOR: GOVERNMENT: GSA FORM L202(05/15)
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b. Non-flats: 150 g/L. , �
4. Anti-corrosive and anti-rust paints applied to interior ferrous metal substrates:250 g/L.
5. Clear wood finishes:
a. Varnish:350 g/L.
b. Lacquer:550 g/L.
6. Floor coatings: 100 g/L.
7. Sealers:
a. Waterproofing sealers:250 g/L.
b. Sanding sealers:275 g/L.
c. All other sealers:200 g/L.
8. Shellacs:
a. Clear:730 g/L.
b. Pigmented:550 g/L.
9. Stains:250 g/L.
C. Use reprocessed latex paint in accordance with EPA's CPG(Comprehensive Procurement Guidelines)on all painted surfaces where feasible. The
type of paint shall be acceptable to the Government.
5.08 FLOOR COVERINGS AND PERIMETERS(APR 2015)
A. Carpet tiles shall meet the requirements set forth in the specifications below. Floor perimeters at partitions shall have wood, rubber,vinyl,or carpet
base. Floor covering shall be installed in accordance with manufacturing instructions to lay smoothly and evenly.
B. The use of existing carpet may be approved by the Government;however,existing carpet shall be repaired,stretched,and cleaned before occupancy
and shall meet the static buildup requirement as stated in the specifications below.
C. Any alternate flooring shall be pre-approved by the Government.
D. Specifications for Carpet to be Newly Installed or Replaced:
1. Product sustainability and environmental requirements. In order to achieve superior performance in multiple environmental attribute areas,
carpet must have third party certification in accordance with ANSI/NSF 140 2007e Sustainable Carpet Assessment Standard at a "Gold” level
minimum, Carpet manufacturer must supply certificate as part of the procurement documentation.
2. Recycled content: Recycled content is measured by total product weight of pre-consumer and/or post-consumer materials. Recycled content
must be at least 10%post-consumer recovered content.
3. Low emitting materials. The carpet and floor adhesive(for glue-down installations)must meet the Green Label Plus(GLP)and floor adhesive
(for direct glue down) requirements of the Carpet and Rug Institute (CRI). GLP number must be provided. Adhesives must meet VOC content
standards per South Coast Air Quality Management District Rule#1168.
4. Face fiber content. Face yarn must be 100 percent nylon fiber. Loop Pile shall be 100 percent Bulk Continuous Filament(BCF);cut and loop
shall be 100 percent BCF for the loop portion and may be BCF or staple for the cut portion;cut pile carpet shall be staple or BCF.
5. Performance requirements for broadloom and modular tile.
a. Static:Less than or equal to 3.5 kV when tested by AATCC Test Method 134(Step Test Option).
b. Flammability: Meets CPSC-FF-1-70,DOC-FF-1-70 Methenamine Tablet Test criteria.
c. Flooring Radiant Panel Test: Meets NFPA 253 Class I or II depending upon occupancy and fire code when tested under ASTM E-648 for
glue down installation.
d.Smoke Density: NBS Smoke Chamber-Less than 450 Flaming Mode when tested under ASTM E-662.
NOTE: Testing must be performed in a NVLAP accredited laboratory.
6. Texture Appearance Retention Rating(TARR). Carpet must meet TARR ratings specified below:
Space Definition Traffic TARR
Classification Classification
LEASE NO.57-4209-15-003,PAGE 19 LESSOR: GOVERNMENT: GSA FORM L202(05/15)
Private Offices Moderate >_3.0 TARR
Training,conference,courtrooms,etc. Heavy >_3.0 TARR
Open Office,cafeteria,corridors,lobbies Severe >_3.5 TARR
The carpet must be evaluated using ASTM D-5252 Hexapod Drum Test as per the commercial carpet test procedure and the TARR classification
determined using ASTM D-7330.
7. Carpet reclamation. Reclamation of existing carpet to be determined with potential vendor, When carpet is replaced, submit certification
documentation from the reclamation facility to the RPLO.
8. Warranty. Submit a copy of the manufacturer's standard warranty to the RPLO within the first 60 days of Government occupancy. The
Government is to be a beneficiary of the terms of this warranty.
5.09 HEATING AND AIR CONDITIONING(SUCCEEDING)(JUN 2012)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease:
Zone Control. Provide individual thermostat control for office Space with control areas not to exceed 1,500 ABOA SF. Interior spaces must be separately
zoned. Specialty occupancies(conference rooms,kitchens,etc.)must have active controls capable of sensing Space use and modulating HVAC system
in response to Space demand. Areas that routinely have extended hours of operation shall be environmentally controlled through dedicated heating and
air conditioning equipment. Special purpose areas(such as photocopy centers, large conference rooms, computer rooms,etc.)with an internal cooling
load in excess of 5 tons shall be independently controlled. Provide concealed package air conditioning equipment to meet localized spot cooling of tenant
special equipment. Portable space heaters are prohibited.
5.10 ELECTRICAL: DISTRIBUTION(SUCCEEDING)(JUN 2012)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease:
A. All electrical outlets shall be installed in accordance with NFPA Standard 70.
B. All outlets within the Space 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. Outlet cover colors shall be coordinated with partition finish selections.
C. The Lessor shall in all cases safely conceal outlets and associated wiring(for electricity,voice, and data)to the workstation(s)in partitions, ceiling
plenums,in recessed floor ducts,under raised flooring,or by use of a method acceptable to the Government.
5.11 LIGHTING: INTERIOR AND PARKING—TI(SUCCEEDING)(SEP 2013)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease:
A. Fixtures: The Lessor shall provide interior lighting to comply with requirements under the paragraph, "Lighting: Interior and Parking — Shell
(Succeeding)."
B. Building Perimeter:There may be additional requirements for lighting in exterior parking areas,vehicle driveways,pedestrian walkways,and Building
perimeter in the Security Requirements attached to this Lease.
LEASE NO.57-4209-15-003, PAGE 20 LESSOR: GOVERNMENT: GSA FORM L202(05/15)
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SECTION 6 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM
6.01 PROVISION OF SERVICES,ACCESS,AND NORMAL HOURS(JUN 2012)
A. The Government's normal hours of operations are established as 6:00 AM to 6:00 PM,Monday through Friday,with the exception of Federal holidays.
Services,maintenance,and utilities shall be provided during these hours. The Government shall have access to the Premises and its Appurtenant Areas
at all times without additional payment,including the use,during other than normal hours,of necessary services and utilities such as elevators,restrooms,
lights,and electric power. Cleaning shall be performed during normal hours.
B. The Lessor and the Lessor's representatives, employees and contractors shall demonstrate a cooperative, positive, welcoming, respectful,
professional and business-like demeanor and shall present a neat,clean,job-appropriate(professional)appearance.
6.02 UTILITIES(APR 2011)
The Lessor is responsible for providing all utilities necessary for base Building and tenant operations as part of the rental consideration.
6.03 INTENTIONALLY DELETED
6.04 UTILITY CONSUMPTION REPORTING(JUN 2012)
Upon request from the REAL PROPERTY LEASING OFFICER or Contracting Officer's Representative,the Lessor shall provide regular quarterly reports
of the amount of all utilities consumed at the Building in monthly detail for the duration of the Lease. These reports must be provided within 45 days of the
end of each quarterly period and shall be in either written or electronic form, as requested by the Government. The reports shall contain the number of
actual units consumed. If reports are available detailing only the Government's consumption,then the reports shall be limited solely to the Government's
consumption.Additionally, said reports shall indicate, for each utility being reported,the use of the specific utility. For example, electricity consumption
shall indicate if it includes heating or air conditioning,and if so,whether just diffusers or diffusers and heating are included in electricity consumption.
6.05 HEATING AND AIR CONDITIONING(SEP 2014)
A. In all office areas,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. The Lessor shall perform any necessary systems start-up required to meet the commercially equivalent
temperature levels prior to the first hour of each day's operation. At all times,humidity shall be maintained below 60%relative humidity.
B. During non-working hours, heating temperatures shall be set no higher than 55° Fahrenheit, and air conditioning shall not be provided except as
necessary to return Space temperatures to a suitable level for the beginning of working hours. Thermostats shall be secured from manual operation by
key or locked cage. A key shall be provided to the Government's designated representative.
C. Thermal comfort. During all working hours, comply with the latest edition of ASHRAE Standard 55, Thermal Comfort Conditions for Human
Occupancy.
D. Warehouse or garage areas require heating and ventilation only. Cooling of this Space is not required. Temperature of warehouse or garage areas
shall be maintained at a minimum of 50°Fahrenheit.
E. The Lessor shall conduct HVAC system balancing after any HVAC system alterations during the term of the Lease and shall make a reasonable
attempt to schedule major construction outside of office hours.
F. Normal HVAC systems'maintenance shall not disrupt tenant operations.
G. 75-100 ABOA SF of the Premises shall receive cooling at all times(24 hrs a day, 365 days a year)for purposes of cooling the designated server
room. The temperature of this room shall be maintained at 68-75 degrees F, with humidity control not to exceed 55% relative humidity, regardless of
outside temperature or seasonal changes. Notwithstanding the foregoing,Lessor shall provide this service at no additional cost to the Government if the Lessor
provides this service to other tenants in the Building at no additional charge.
6.06 INTENTIONALLY DELETED
6.07 JANITORIAL SERVICES(JUN 2012)
The Lessor shall maintain the Premises and all areas of the Property to which the Government has routine access in a clean condition and shall provide
supplies and equipment for the term of the Lease. The following schedule describes the level of services intended. Performance will be based on the
RPLO's evaluation of results,not the frequency or method of performance.
A. Three times a week. Empty trash receptacles. Sweep entrances, lobbies, and corridors. Clean drinking fountains. Sweep and damp mop or scrub
restrooms.Clean all restroom fixtures,and replenish restroom supplies.Dispose of all trash and garbage generated in or about the Building.Dust horizontal
surfaces that are readily available and visibly require dusting.Clean glass entry doors to the Space.
B. This sup-paragraph has been intentionally deleted.
C. Weekly. Sweep or vacuum stairs. Damp mop and spray buff all resilient floors in restrooms and health units. Sweep sidewalks, parking areas, and
driveways(weather permitting).
D. This sub-paragraph has been intentionally deleted.
E. Monthly. Thoroughly dust furniture. Completely sweep and/or vacuum carpets.Sweep storage Space.
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F. Every two months. Damp wipe restroom wastepaper receptacles,stall partitions,doors,window sills, and frames.
G. Three times a year. Dust wall surfaces within 70 inches of the floor, vertical surfaces and under surfaces. Clean metal and marble surfaces in
lobbies.Wet mop or scrub garages.
H. Twice a year.Wash all interior and exterior windows and other glass surfaces.Strip and apply four coats of finish to resilient floors in restrooms.Strip
and refinish main corridors and other heavy traffic areas.
I. Annually.Wash all venetian blinds,and dust 6 months from washing. Vacuum or dust all surfaces in the Building more than 70 inches from the floor,
including light fixtures.Vacuum all draperies in place.Strip and refinish floors in offices and secondary lobbies and corridors.Shampoo carpets in corridors
and lobbies.Clean balconies,ledges,courts,areaways, and flat roofs.
J. Every two years. Shampoo carpets in all offices and other non-public areas.
K. This sub-paragraph has been intentionally deleted.
L. As required. Properly maintain plants and lawns. Provide initial supply, installation, and replacement of light bulbs, tubes, ballasts, and starters.
Provide and empty exterior ash cans and clean area of any discarded cigarette butts.
M. Pest control. Control pests as appropriate, using Integrated Pest Management techniques, as specified in the GSA Environmental Management
Integrated Pest Management Technique Guide(E402-1001)
6.08 SELECTION OF CLEANING PRODUCTS(APR 2015)
The Lessor shall use cleaning products (including general purpose cleaners, floor cleaners, hand soap, etc.) that comply with either the Green Seal
standard,the UL/EcoLogo standard,EPA's Design for the Environment(DfE)designation,or a substitute acceptable to the RPLO. Hand soap products
shall also be USDA Certified BioPreferred.
6.09 SELECTION OF PAPER PRODUCTS(APR 2015)
The Lessor shall select paper and paper products(e.g.,restroom tissue and paper towels)conforming to the Green Seal Standard(GS-1),or a substitute
acceptable to the RPLO.
6.10 INTENTIONALLY DELETED
6.11 MAINTENANCE AND TESTING OF SYSTEMS(SEP 2013)
A. The Lessor is responsible for the total maintenance and repair of the leased Premises. Such maintenance and repairs include the 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 shall be done in accordance with current applicable codes, and inspection certificates shall be displayed as
appropriate. Copies of all records in this regard shall be forwarded to the Government's designated representative.
B. At the Lessor's expense,the Government reserves the right to require documentation of proper operations, inspection,testing,and maintenance of
fire protection systems,such as, but not limited to,fire alarm,fire sprinkler,standpipes,fire pump,emergency lighting,illuminated exit signs,emergency
generator.prior to occupancy to ensure proper operation. These tests shall be witnessed by the Government's designated representative.
6.12 MAINTENANCE OF PROVIDED FINISHES(SEP 2013)
A. Paint,wall coverings. Lessor shall maintain all wall coverings and high performance paint coatings in"like nevi'condition for the life of the Lease.
All 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 the paint 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 Lease. In addition to the foregoing requirement,
1. Lessor shall repaint common areas at least every three years.
2. Lessor shall perform cyclical repainting of the Space every 5 years of occupancy. This cost,including the moving and returning of furnishings,
as well as disassembly and reassembly of systems furniture per manufacturer's warranty,shall be at the Lessor's expense.
B. Carpet and flooring.
1. Except when damaged by the Government,the Lessor shall repair or replace flooring at any time during the Lease term when:
a. Backing or underlayment is exposed;
b. There are noticeable variations in surface color or texture;
c. It has curls, upturned edges,or other noticeable variations in texture;
d. Tiles are loose;or,
e. Tears or tripping hazards are present.
LEASE NO.57-4209-15-003,PAGE 22 LESSOR: GOVERNMENT: GSA FORM L202(05/15)
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2. Notwithstanding the foregoing, as part of the rental consideration, the Lessor shall replace all carpet in the Space as needed with a product
which meets the requirements in the"Floor Coverings and Perimeters"paragraph in this Lease.
3. Repair or replacement shall include the moving and returning of furnishings, including disassembly and reassembly of systems furniture per
manufacturer's warranty,if necessary. Work shall be performed after the normal hours established elsewhere in this Lease.
6.13 ASBESTOS ABATEMENT(APR 2011)
If asbestos abatement work is to be performed in the Space after occupancy,the Lessor shall submit to the Government the occupant safety plan and a
description of the methods of abatement and re-occupancy clearance, in accordance with OSHA, EPA, DOT,state, and local regulations and guidance,
at least 4 weeks prior to the abatement work.
6.14 ONSITE LESSOR MANAGEMENT(APR 2011)
The Lessor shall provide an onsite Building superintendent or a locally designated representative available to promptly respond to deficiencies, and
immediately address all emergency situations.
6.15 IDENTITY VERIFICATION OF PERSONNEL(SEP 2013)
A. The Government reserves the right to verify identities of personnel with routine pre-occupancy and/or unaccompanied access to Government space.
The Lessor shall comply with the agency personal identity verification procedures below that implement Homeland Security Presidential Directive-12
(HSPD-12), Office of Management and Budget(OMB)guidance M-05-24 and M11-11, and Federal Information Processing Standards Publication(FIPS
PUB)Number 201,as amended.
B. The Government reserves the right to conduct additional background checks on Lessor personnel and contractors with routine access to Government
leased space throughout the term of the Lease.
C. Upon request,the Lessor will notify the Government whether they will use either the manual process and submit completed fingerprint charts and
background investigation forms, or use the electronic process of ID verification, completed through the e-QIP system. This would be done for each
employee of the Lessor,as well as employees of the Lessor's contractors or subcontractors who will provide building operating services requiring routine
access to the Government's leased space for a period greater than 6 months. The Government may also require this information for the Lessor's
employees,contractors,or subcontractors who will be engaged to perform alterations or emergency repairs in the Government's space.
1. Manual Process: The Lessor shall provide Form FD 258, Fingerprint Chart (available from the Government Printing Office at
http://bookstore.gpo.gov), and Standard Form 85P, Questionnaire for Public Trust Positions,completed by each person and returned to the REAL
PROPERTY LEASING OFFICER(or the contracting officer's designated representative)within 30 days from receipt of the forms.
2. Electronic Process: The electronic process will be done through the e-QIP system. The Lessor's contractor/personnel will receive an email
along with instructions for completing the Office of Personnel Electronic Questionnaire(e-QIP). The contractor/personnel will have up to(7)seven
business days to login and complete the e-QIP for the background investigation. The contractor/personnel will be instructed to access the website,
and receive on screen instructions which include but it is not limited to:
a. How to Log In
b. How to Answer and Create New Golden Questions
c. What Additional Documents to Send
d. To Print and Sign two Signature Forms(Certification That My Answers Are True)
e. To complete the submission process,press the"Release/Request Transmit to the Agency"and exit the process
f. Where to Send.
The Lessor must ensure prompt input,and timely receipt of the following,from their contractor/personnel:
a. Two FBI Fingerprint Cards(Form FD-258)or one card produced by a livescan device,
b. Certification That My Answers Are True
c. Authorization for Release of Information.
D. The Lessor must ensure the contracting officer(or the contracting officer's designated representative) has all of the requested documentation to
ensure the completion of the investigation.
E. Based on the information furnished,the Government will conduct background investigations of the employees. The contracting officer will advise the
Lessor in writing if an employee fails the investigation,and,effective immediately,the employee will no longer be allowed to work or be assigned to work
in the Government's space.
F. Throughout the life of the lease,the Lessor shall provide the same data for any new employees,contractors,or subcontractors who will be assigned
to the Government's space. In the event the Lessor's contractor or subcontractor is subsequently replaced, the new contractor or subcontractor is not
required to submit another set of these forms for employees who were cleared through this process while employed by the former contractor or
subcontractor. The Lessor shall resubmit Form FD 258 and Standard Form 85P for every employee covered by this paragraph on a 5 year basis.
G. The Lessor shall insert this paragraph in all subcontracts when the subcontractor is required to have physical access to a federally controlled facility
or access to a federal information system.
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6.16 SCHEDULE OF PERIODIC SERVICES(JUN 2012) Nu.
Within 60 days after occupancy by the Government, the Lessor shall provide the RPLO with a detailed written schedule of all periodic services and
maintenance to be performed other than daily,weekly,or monthly.
6.17 LANDSCAPING(SUCCEEDING)(JUN 2012)
A. Landscape management practices shall prevent pollution by:
1. Employing practices which avoid or minimize the need for fertilizers and pesticides;
2. Prohibiting the use of the 2,4-Dichlorophenoxyacetic Acid(2,4-0)herbicide and organophosphates;and
3. Composting/recycling all yard waste.
B. The Lessor shall use landscaping products with recycled content as required by EPA's CPG Guidelines for landscaping products. Refer to EPA's
CPG web site,www.eoa.gov/cpq.
6.18 LANDSCAPE MAINTENANCE(APR 2011)
Landscape maintenance shall be performed during the growing season at not less than a weekly cycle and shall consist of watering,weeding, mowing,
and policing the area to keep it free of debris. Pruning and fertilization shall be done on an as-needed basis. In addition,dead,dying,or damaged plants
shall be replaced.
6.19 RECYCLING(JUN 2012)
A. For Leases greater than 10,000 rentable SF,with a Lease term greater than six months,the Lessor shall establish a recycling program for(at a
minimum)paper,corrugated cardboard,glass,plastics,and metals where local markets for recovered materials exist.
B. Where state or local law,code,or ordinance requires recycling programs for the Premises,Lessor shall comply with such state and/or local law,
code,or ordinance.
C. When implementing any recycling program,the Lessor shall provide an easily accessible,appropriately sized area(2 SF per 1,000 SF of Building
gross floor area)that serves the Space for the collection and storage of materials for recycling. Telecom rooms are not acceptable as recycling space.
During the Lease term,the Lessor agrees,upon request,to provide the Government with additional information concerning recycling programs maintained
in the Building and in the Space.
6.20 RANDOLPH-SHEPPARD COMPLIANCE(SEP 2013)
During the term of the Lease, the Lessor may not establish vending facilities within the leased Space that will compete with any Randolph-Sheppard
vending facilities.
6.21 INTENTIONALLY DELETED
6.22 INDOOR AIR QUALITY(SEP 2013)
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 shall be: CO 9 ppm time weighted average
(TWA 8 hour sample);CO2 1,000 ppm(TWA);HCHO 0.1 ppm(TWA).
B. The Lessor shall make a reasonable attempt to apply insecticides, paints, glues, adhesives, and HVAC system cleaning compounds with highly
volatile or irritating organic compounds, outside of working hours. Except in an emergency,the Lessor shall provide at least 72 hours advance notice to
the Government before applying noxious chemicals in occupied Spaces and shall adequately ventilate those Spaces during and after application.
C. The Lessor shall promptly investigate indoor air quality(IAQ)complaints and shall implement the necessary controls to address the complaint.
D. The Government reserves the right to conduct independent IAQ assessments and detailed studies in Space that it occupies, as well as in space
serving the Space(e.g.,common use areas, mechanical rooms,HVAC systems,etc.). The Lessor shall assist the Government in its assessments and
detailed studies by:
1. Making available information on Building operations and Lessor activities;
2. Providing access to Space for assessment and testing,if required;and
3. Implementing corrective measures required by the RPLO.
E. The Lessor shall provide to the Government material safety data sheets(MSDS)upon request for the following products prior to their use during the
term of the Lease: adhesives, caulking, sealants, insulating materials, fireproofing or firestopping materials, paints, carpets, floor and wall patching or
leveling materials, lubricants, clear finish for wood surfaces, janitorial cleaning products, pesticides, rodenticides, and herbicides. The Government
reserves the right to review such products used by the Lessor within:
1. The Space;
2. Common Building areas;
3. Ventilation systems and zones serving the Space;and
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4. The area above suspended ceilings and engineering space in the same ventilation zone as the Space.
F. Where hazardous gasses or chemicals (any products with data in the Health and Safety section of the MSDS sheets) may be present or used,
including large-scale copying and printing rooms,segregate areas with deck-to-deck partitions with separate outside exhausting at a rate of at least 0.5
cubic feet per minute per SF,no air recirculation. The mechanical system must operate at a negative pressure compared with the surrounding spaces of
at least an average of 5 Pa(pascal)(0.02 inches of water gauge)and with a minimum of 1 Pa(0.004 inches of water gauge)when the doors to the rooms
are closed.
6.23 RADON IN AIR(SUCCEEDING)(SEP 2013)
A. The radon concentration in the air of the Space shall be less than 4 picoCuries per liter(pCi/L)for childcare and 25 pCiIL for all other space, herein
called"GSA action levels."
B. Initial Testing:
1. The Lessor shall:
a. Test for radon that portion of Space which is in ground contact or closest to the ground up to and including the second floor above grade
(Space on the third or higher floor above grade need not be measured);.
b. Report the results to the RPLO upon award; and
c. Promptly carry out a corrective action program for any radon concentration which equals or exceeds the GSA action levels.
2. Testing sequence. The Lessor shall measure radon by the standard test in sub-paragraph D.1,completing the test not later than150 days after
award, unless the RPLO decides that there is not enough time to complete the test prior to Lease Term Commencement Date, in which case the
Lessor shall perform the short test in subparagraph D.2.
C. Corrective Action Program:
1. Program Initiation and Procedures.
a. If either the Government or the Lessor detects a radon concentration at or above the GSA action levels at any time after award or during
the term of the Lease,the Lessor shall promptly carry out a corrective action program which reduces the concentration to below the GSA
action levels.
b. If either the Government or the Lessor detects a radon concentration at or above the GSA action levels at any time after Government
occupancy,the Lessor shall promptly restrict the use of the affected area and shall provide comparable temporary space for the tenants,as
agreed to by the Government,until the Lessor carries out a prompt corrective action program which reduces the concentration to below the
GSA action levels and certifies the Space for re-occupancy.
c. The Lessor shall provide the Government with prior written notice of any proposed corrective action or tenant relocation. The Lessor
shall promptly revise the corrective action program upon any change in Building condition or operation which would affect the program or
increase the radon concentration to or above the GSA action levels.
d. The Lessor shall perform the standard test in sub-paragraph D.1 to assess the effectiveness of a corrective action program. The Lessor
may also perform the short test in sub-paragraph D.2 to determine whether the Space may be occupied but shall begin the standard test
concurrently with the short test.
e. All measures to accommodate delay of occupancy,corrective action,tenant relocation,tenant re-occupancy,or follow-up measurement,
shall be provided by the Lessor at no additional cost to the Government.
f. If the Lessor fails to exercise due diligence,or is otherwise unable to reduce the radon concentration promptly to below the GSA action
levels,the Government may implement a corrective action program and deduct its costs from the rent.
D. Testing Procedures:
1. Standard Test. Place alpha track detectors throughout the required area for 91 or more days so that each covers no more than 2,000 ABOA
SF. Use only devices listed in the EPA Radon Measurement Proficiency Program (RMP) application device checklists. Use a laboratory rated
proficient in the EPA RMP to analyze the devices. Submit the results and supporting data (sample location, device type, duration, radon
measurements, laboratory proficiency certification number, and the signature of a responsible laboratory official) within 30 days after the
measurement.
2. Short Test. Place alpha track detectors for at least 14 days, or charcoal canisters for 2 days to 3 days,throughout the required area so that
each covers no more than 2,000 ABOA SF,starting not later than 7 days after award. Use only devices listed in the EPA RMP application device
checklists. Use a laboratory rated proficient in the EPA RMP to analyze the devices. Submit the results and supporting data within 30 days after the
measurement. In addition,complete the standard test not later than 150 days after Government occupancy.
6.24 RADON IN WATER(JUN 2012)
A. If the water source is not from a public utility,the Lessor shall demonstrate that water provided to the Premises is in compliance with EPA requirements
and shall submit certification to the RPLO prior to the Government occupying the Space.
B. If the EPA action level is reached or exceeded,the Lessor shall institute appropriate abatement methods which reduce the radon levels to below this
action.
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6.25 HAZARDOUS MATERIALS(SEP 2013) 14 .E
A. The leased Space shall be free of hazardous materials, hazardous substances, and hazardous wastes, as defined by and according to applicable
Federal,state,and local environmental regulations. Should there be reason to suspect otherwise,the Government reserves the right,at Lessor's expense,
to require documentation or testing to confirm that the Space is free of all hazardous materials.
B. Lessor shall,to the extent of its knowledge,notify Government of the introduction of any hazardous materials onto the Property by Lessor or others,
including but not limited to,co-tenants occupying Space in the Building.
6.26 MOLD(SEP 2013)
A. Actionable mold is mold of types and concentrations in excess of that found in the local outdoor air.
B. The Lessor shall provide Space to the Government that is free from actionable mold and free from any conditions that reasonably can be anticipated
to permit the growth of actionable mold or are indicative of the possibility that actionable mold will be present(indicators).
C. At such times as the Government may direct, including but not limited to: after a flood, water damage not caused by the Government, or repairs
caused by the Lessor,the Lessor, at its sole cost,expense and risk shall: (i)cause an industrial hygienist certified by the American Board of Industrial
Hygienists or a qualified consultant(the Inspector)who,in either instance,is reasonably acceptable to the Government,to inspect and evaluate the Space
for the presence of actionable mold or mold indicators;and(ii)cause the Inspector to deliver the results of its inspection and evaluation(the Report)to the
Government within 30 days after it conducts same and,in all events,at the same time that it delivers the Report to Lessor. With the delivery of the Report
to the Government,the Inspector shall notify the Government,in writing via cover letter to the report,if the Inspector discovers or suspects the existence
of actionable mold or indicators in the leased Space.
D. The presence of actionable mold in the Premises may be treated as a Casualty,as determined by the Government, in accordance with the Fire and
Other Casualty clause contained in the General Clauses of this Lease. In addition to the provisions of the Fire and Other Casualty clause of this Lease,
should a portion of the Premises be determined by the Government to be un-tenantable due to an act of negligence by the Lessor or his agents,the Lessor
shall provide reasonably acceptable alternative Space at the Lessor's expense,including the cost of moving,and any required alterations.
E. If the Report indicates that actionable mold or indicators are present in the leased Space,the Lessor,at its sole cost,expense,and risk,shall within
30 days after its receipt of the Report: 1) retain an experienced mold remediation contractor reasonably acceptable to the Government to prepare and
submit to the Government and Lessor a remediation plan (the Plan) and within 90 days after the Government's approval of the Plan, remediate the
actionable mold or the indicators in the leased Space, but prior to commencing such remediation, Lessor shall send the Government a notice stating: (i)
the date on which the actionable mold remediation shall start and how long it is projected to continue;(ii)which portion of the leased Space shall be subject
to the remediation;and(iii)the remediation procedures and standards to be used to implement the Plan and the clearance criteria to be employed at the
conclusion of the remediation;and 2)notify,in accordance with any applicable Federal,state, and local health and safety requirements,the Government
employees as well as all other occupants of and visitors to the leased Space of the nature,location and schedule for the planned remediation and reasons
therefore.
F. The Lessor shall be responsible for conducting the remediation in accordance with the relevant provisions of the document entitled"Mold Remediation
in Schools and Commercial Buildings" (EPA 402-K-01-001, March 2001), published by the U.S. Environmental Protection Agency, as same may be
amended or revised from time to time,and any other applicable Federal,state,or local laws,regulatory standards and guidelines.
G. The Lessor acknowledges and agrees that the Government shall have a reasonable opportunity to inspect the leased Space after conclusion of the
remediation. If the results of the Government's inspection indicate that the remediation does not comply with the Plan or any other applicable Federal,
state,or local laws,regulatory standards or guidelines,the Lessor,at its sole cost,expense,and risk,shall immediately take all further actions necessary
to bring the remediation into compliance.
H. If the Lessor fails to exercise due diligence, or is otherwise unable to remediate the actionable mold, the Government may implement a corrective
action program and deduct its costs from the rent.
6.27 OCCUPANT EMERGENCY PLANS(SEP 2013)
The Lessor is required to cooperate, participate and comply with the development and implementation of the Government's Occupant Emergency Plan
(OEP) and if necessary, a supplemental Shelter-in Place (SIP) Plan.Periodically, the Government may request that the Lessor assist in reviewing and
revising its OEP and SIP.The Plan, among other things,must include an annual emergency evacuation drill,emergency notification procedures for the
Lessor's Building engineer or manager, Building security,local emergency personnel,and Government agency personnel.
6.28 INTENTIONALLY DELETED
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SECTION 7 ADDITIONAL TERMS AND CONDITIONS
7.01 SECURITY STANDARDS(JUN 2012)
The Lessor agrees to the requirements of Security Level I attached to this Lease.
IDENTITY VERIFICATION OF PERSONNEL(MAY 2012)
A. The Government reserves the right to verify identities of personnel with routine access to Government Space. The Lessor shall comply with the
agency personal identity verification procedures below that implement HOMELAND SECURITY PRESIDENTIAL DIRECTIVE- 12 (HSPD-12), Office of
Management and Budget(OMB)guidance M-05-24,and Federal Information Processing Standards Publication(FIPS PUB)Number 201,as amended.
B. The Lessor shall insert this paragraph in all subcontracts when the subcontractor is required to have physical access to a federally controlled facility
or access to a federal information system.
C. Lessor compliance with paragraphs 1 through 4 below will suffice to meet the Lessor's requirements under HSPD-12,OMB M-05-24,and FIPS PUB
Number 201.
1. The Government reserves the right to conduct background checks on Lessor personnel and contractors with routine access to Government
leased Space.
2. Upon request,the Lessor shall submit completed fingerprint charts and background investigation forms for each employee of the Lessor,as well
as employees of the Lessor's contractors or subcontractors,who will provide building operating services requiring routine access to the Government's
leased Space for a period greater than 6 months. The Government may also require this information for the Lessor's employees, contractors, or
subcontractors who will be engaged to perform alterations or emergency repairs in the Government's Space.
3. Upon request,the Lessor must provide Form FD-258,Fingerprint Chart(available from the FSA State Office),and Standard Form 85, National
Agency Check with Inquiries,completed by each person and returned to the RPLO(or the RPLO's designated representative)within 30 days from
receipt of the forms. Based on the information furnished,the Government will conduct background investigations of the employees. The RPLO will
advise the Lessor in writing if an employee fails the investigation,and,effective immediately,the employee will no longer be allowed to work or be
assigned to work in the Government's Space.
4. Throughout the life of the Lease,upon request.the Lessor shall provide the same data for any new employees,contractors, or subcontractors
who will be assigned to the Govemment's Space.In the event the Lessor's contractor or subcontractor is subsequently replaced,the new contractor
or subcontractor is not required to submit another set of these forms for employees who were cleared through this process while employed by the
former contractor or subcontractor.The Lessor shall resubmit Form FD-258 and Standard Form 85 for every employee covered by this paragraph on
a 5-year basis.
7.02 DELETED PARAGRAPHS: THE FOLLOWING PARAGRAPHS HAVE BEEN DELETED FROM THIS LEASE:
1.04 BROKER COMMISSION AND COMMISSION CREDIT(JUN 2012)
1.06 RENEWAL RIGHTS(SEP 2013)
2.05 PAYMENT OF BROKER(JUL 2011)
2.07 REAL ESTATE TAX ADJUSTMENT(JUN 2012)
2.09 OPERATING COSTS ADJUSTMENT(JUN 2012)
3.11 AUTOMATIC FIRE SPRINKLER SYSTEM(SEP 2013)
3.12 FIRE ALARM SYSTEM(SEP 2013)
3.14 ELEVATORS(SEP 2013)
3.15 FLAGPOLE(SEP 2013)
3.32 ADDITIONAL ELECTRICAL CONTROLS(JUN 2012)
3.36 JANITOR CLOSETS(SUCCEEDING)(JUN 2012)
3.44 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS-LEASE(SEP 2014)
4.02 BUILDING SPECIFIC AMORTIZED CAPITAL(BSAC)PRICE PROPOSAL(SEP 2012
4.05 SEISMIC RETROFIT(SEP 2013)
6.03 UTILITIES SEPARATE FROM RENTAUBUILDING OPERATING PLAN(AUG 2011)
6.06 OVERTIME HVAC USAGE(JUN 2012)
6.10 SNOW REMOVAL(APR 2011)
6.21 SAFEGUARDING AND DISSEMINATION OF SENSITIVE BUT UNCLASSIFIED(SBU)BUILDING INFORMATION(SEP 2013)
6.28 FLAG DISPLAY(SEP 2013)
7.03 MODIFIED PARAGRAPHS: THE FOLLOWING PARAGRAPHS HAVE BEEN MODIFIED IN THIS LEASE:
1.03 RENT AND OTHER CONSIDERATIONS(APR 2015)
2.01 DEFINITIONS AND GENERAL TERMS(SEP 2013)
3.34 RESTROOMS(SEP 2013)
5.08 FLOOR COVERINGS AND PERIMETERS(APR 2015)
6.07 JANITORIAL SERVICES(JUN 2012)
LEASE NO.57-4209-15-003,PAGE 27 LESSOR: GOVERNMENT: GSA FORM L202(05/15)
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INITIALS: GOVT LESSOR
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INITIALS: GOVT LESSOR
440N
EXHIBIT B
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AD-2066 U.S.DEPARTMENT OF AGRICULTURE
(11-04-10)
USDA/OCIO/ITS REQUIREMENTS
I. SPECIFICATIONS FOR THE ADP ROOM
A. Square Footage. The ADP room shall be a minimum of 75 square feet and a maximum of
100 square feet. The configuration of the room shall allow a three-foot clearance around
equipment.
B. Doors. The number of entrances to the ADP room will be kept to a minimum as required by
local fire code. Every entrance into an ADP room must be a metal clad or solid core, lockable
door. A managed process will be utilized to control all access to the room. The process can
be electronic or manual (key access, door bell with escort and sign-in, etc.) and the process
must be documented. One key or code will be assigned to an individual from each SCA. All
computer room doors shall be removed from the master key system of the facility. Exterior
doors must have either interior hinges or exterior hinges with non-removable pins.
C. Windows. There will be NO WINDOWS in the ADP room. even if a portion of the room has
exterior walls.
D. Floorinq. The flooring will be anti-static hard surface; no carpet.
E. Valls, Walls of the ADP room shall extend from the structural floor slab to the structural
ceiling slab with sound transmission class 40 or better. While this is preferred in all ADP
rooms, it is mandatory in new construction.
F. Temperature and Humidity. The ADP room shall be cooled at all times The ambient room
temperature shall be maintained between 68°to 75°F (20° to 24°C). The ambient relative
humidity levels shall be maintained between 45% and 55%. The temperature and humidity
controls shall be managed within the room, including points of contacts for emergency
situations. The ADP room shall have access to temperature readings within the space. Air
conditioning must be controlled on the weekends and holidays as needed to maintain the
minimum temperature in the room. Depending on the equipment to be placed in the room, a
separate air conditioning unit may be required.
G. Shared Space, The ADP room shall NOT be designed as a multi-use room. Only ADP and
telephone equipment shall be in this room. Mail machines, printers (unless specifically for the
ADP equipment), faxes, file cabinets, shared storage, copiers, plotters, etc. shall be located
outside the ADP room. ITS storage will NOT be in the ADP room.
H. Plumbing, Because of the danger of water damage, the ADP room shall not be located in
areas where water bearing pipes would be overhead.
I. Fire Suppressant Systems. A sprinkler system will be installed when local building codes
require it. A dry-pipe system is preferred. Sprinkler heads shall be placed so that they are not
INITIALS: Lessor: & Government:
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EXHIBIT B
AD-2066
directly above any equipment. Each ADP room shall be equipped with a 5 to 6 pound FE-36
fire extinguisher. An annual inspection must be performed on the fire extinguisher.
J. Design Approval. In SCA offices, the Group Manager shall review the electrical section of the
construction drawings to ensure that the location of the phone jacks, data ports, and electrical
outlets will be accessible once systems furniture is installed. In all other offices, the appropriate
Division Directors shall review and approve the floor plans. All final floor plans for the ADP
room and general space shall be approved by the OCIO-ITS Realty Specialist before
construction begins.
K. Public Areas. Where possible, the ADP room shall be within the interior of the building and
away from public areas. Where possible, ensure that all computer rooms are not located either
above or below public areas in multi-story buildings.
L. Mailrooms and Loading Docks. Where possible, the ADP room shall not be located in close
proximity to mailrooms or loading docks.
M. Signage. Ensure that all signs identifying the ADP room are removed from public view.
Directories or building maps that identify the location of critical or sensitive asset locations shall
not be displayed.
N. Electrical Power. Where possible, the capability of shutting off power to an information
system component that may be malfunctioning or threatened without endangering personnel
by requiring them to approach the equipment shall be included in new and refurbished ADP
rooms.
II. ADP ROOM EQUIPMENT OUTPUTS
Refer to the manufacturer's requirements for all equipment that will be located in the room.
III. DEDICATED ELECTRICAL CIRCUITS AND OUTLETS FOR ADP EQUIPMENT
A. Computer Room Circuits. Provide and install dedicated electrical circuits with isolated
grounds in the Computer Room. Dedicated circuits must be 110 volt, 20-ampere standard
three-prong circuits with true earth ground terminated into orange or other uniquely marked
("computer use only") duplex outlets. Provide and install duplex outlets for each dedicated
electrical circuit in the Computer room. Dedicated electrical circuits will be used for the
telephone systems. The main electrical panel for the computer/voice (if computer/voice is
available) equipment will be properly grounded to meet TIA/EIA and Federal Information
Processing Standards (FIPS).
B. General Office Space Circuits. Provide dedicated electrical circuits with multiple outlets at
designated locations throughout the service center with multiple outlets to accommodate the
peripheral equipment (i.e. computer workstations, printers).
C. Electrical Requirements for Uninterruptible Power Supply (UPS) Circuit. Critical servers
are required to be connected to the UPS.
(1) Uninterruptible Power Supply (UPS). Dedicated Circuits will be required for use by UPS.
INITIALS: Lessor: *' & Government: 2
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EXHIBIT B 16E 2
AD-2066
(2) Number and Type of Circuits. There will be a minimum of 2 (two) 120 volt, 30 amp
minimum with true ground, terminated into a twisting-lock receptacle. Each dedicated circuit
must have insulated, isolated earth ground; conduit ground is not acceptable.
(3) Receptacle. The receptacle will be a NEMA L5-30R twist-locking receptacle.
(4) Location of the UPS receptacle. The UPS receptacle will be located in the ADP/Computer
room where the Local Area Network (LAN)/Wide Area Network (WAN)Noice (LWV) cabinet is
installed. The receptacle will be located within a maximum of 4.5 feet from the back of the
United States Department of Agriculture (USDA) wiring cabinet.
IV. PLYWOOD
One sheet of 3/4 inch 4 x 8 foot plywood shall be vertically mounted on the wall in the Computer
Room within 3 feet of an electrical outlet and the wiring cabinet. The backboard should be
attached to the wall using correct mounting hardware and procedures. If the wall is sheet-rocked,
attach the backboard to the studs. If the wall is concrete, attach the backboard using anchors.
The backboard should be painted with fire retardant paint the same color as the interior walls of
the building. This will be the extended demarcation point and for the installation of phone
equipment.
V. TELEPHONE SYSTEM
A telephone demarcation point (D-mark) must be provided on a type 66S block on the backboard
for all telephone lines prior to the move date. The telephone system will be moved by USDA to a
new office and will be installed by USDA technicians during move-in.
VI. DISTRIBUTION CLOSETS AND CABLE PATHWAYS
Facilities requiring multiple distribution points within the building or on multiple floors will comply
with ANSI/TIA/EIA-569-B standards.
VII. DATA CABLING/TELECOMMUNICATIONS
A. General Specifications. All premise data/telecommunications cabling will comply with
TIA/EIA-568-B. All new installations will use Category 6 cabling, as specified in TIA/EIA-568-
B.2-1, or higher. All cabling will meet local building codes.
B. Exceptions. Renovations to buildings which currently comply with TIA/EIA-568-A and contain
Category 5 cable and terminations may continue to use Category 5 wiring and terminations as
specified in TIA/EIA-568-A.
All substantial additions to, or replacements of, existing wiring should comply with the
specifications in VII(A) where possible.
NOTE. Category 5 wiring is unsuitable for Ethernet speeds above 100 Mb/sec.
C. Copper Cable Installation.
(1) Provide, place, terminate and test Cat-6 certified 100-ohm Balanced Twisted Pair cables
according to applicable standards.
INITIALS: Lessor: & Government: 3
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EXHIBIT B
AD-2066
(2) Data cable and voice cables shall be terminated with Cat-6 compliant terminations (patch
panels, wall outlets, etc.).
(3) All Balanced Twisted Pair cables shall be terminated using the T568A pin/pair assignments
as specified in TIA/EIA-568-B and per FTR 1090-1997.
D. Copper Cable Specification. All cable equipment and materials must be manufactured by
facilities that are International Organization for Standardization (ISO) 9001 registered and
certified as follows:
(1) Shall be Cat-6 or Cat-6a rated in accordance with ANSI/TIA/EIA-568-B.
(2) Shall be four-pair, balanced, 100-Ohm, 24 American Wire Gage (AWG).
(3) The selected cable must have contiguous, two=foot segment-length markers printed on the
cable jacket. The markings must also show cable manufacturer, cable model number or
name , cable part number, Cat-6 or Cat-6a designation, a UL or ETL verification designation, a
CMP type, and a "tested to 350 MHz" or above designation.
(4) Shall be tested and certified by the installer to comply with the previous requirements.
E. Data Fiber Cable Installation.
(1) Fiber optic cable shall be used for all links in excess of 90 meters and where appropriate.
There shall be no 90° bends in any fiber cables with a radius of less than three (3) inches.
(2) All fiber cable links less than 500 meters shall be 6-strands, multimode optical fiber cable.
(3) All Optical Fiber, Conductive, Plenum (OFCP) or Optical Fiber Conductive Riser (OFCR)
rated fiber cable shall be properly grounded at both ends and may not be installed in the same
cable tray or conduit as power cables.
(4) All ANSI/TIA/EIA-568-B requirements for fiber cable installation, testing, and termination
will be observed.
(5) All strands of each fiber cable shall be terminated at each end of the cable, with either
Straight Tip (ST) or Standard Connector(SC) connectors, as appropriate to the related
equipment interface connector, and will be conveyed to the selected cable contractor upon
request.
FIGURE 1 FIGURE 2
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SC Connector ST Connector
INITIALS: Lessor: & Government: 4
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AD-2066
(6)Supply several sets of fiber patch cords that should not only serve immediate switch
connection concerns, but allow for possible switch update connections in the future. The
unused fiber patch cables will be kept in reserve at this site, in the event that such switch
updates do occur.
F. Data Fiber Cable Specifications.
(1) All fiber cable shall be 6-strand, multimode, tight buffered, 50 x 125 pm optical fiber, rated
OFCP or OFCR as appropriate, and must be clearly marked as such on the cable sheathing.
(2) All fiber link cable runs, shall be run within orange, plenum rated inter-duct, and
appropriately sized according to the number of fiber runs to be contained.
(3) Both the fiber cable sheathing and the protective inter-duct shall be colored orange to
denote multimode fiber.
G. Wall Input/Output (I/O) Face Plates for Work Area I/O Connections. Work areas will have
a quad or hex outlet plate connector with four or six RJ-45 connectors (see diagram). Extra
outlet plate connectors will also be required in some common areas. All drops will be identified
and numbered on the office floor plan prior to installation. Each of the four or six connectors
will be cabled with 4-pair balanced twisted-pair cable. The data cables will be category 6 as
listed in the cable specification block. These cables will be terminated with RJ-45 connectors at
the device end. The other end will be punched down on an RJ-45/110-type patch panel in the
LWV wiring cabinet. Each quad plate MUST be labeled with the work station number (1, 2,
etc.) and the A, B, C, etc. format. Each connection MUST be identified as (1A, 1B, 2A, 2B,
etc.) on the corresponding patch panel location.
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Quad Plate — Ports A, B, C — Data Hex Plate — Ports A, B, C, D, E - Data
Port D- Phone Port F — Phone
VIII. LAN/WANNOICE CABINET
The Government will provide the LAN/WANNOICE cabinet, and a cable installation contractor
will provide and install the wiring, cabling, and patch panels in the cabinet as specified by the
TSD Group Manager. Patch panels will be RJ-45/110 type and appropriately-sized, based
upon the number of quad and/or hex outlet plates. A wire service loop that will allow the
cabinet to freely move a minimum of six feet in any direction will be installed by the cable
installation contractor as part of the cable installation. The RJ-45/110 type patch panel must be
mounted in the cabinet in the place designated by the TSD Group Manager.
INITIALS: Lessor: & Government: ;
EXHIBIT B 4 uw
AD-2066
IX. COPIES OF RELATED DOCUMENTS
A. Copies of Federal Telecommunications Recommendations (FTRs).. Copies of FTRs are
available from:
National Communications System (NCS), Technology and Standards Division (N6)
701 South Court House Road
Arlington, Virginia 22204-2198
Telephone: (703) 607-6204
B. Copies of the specifications and related documents. Copies of the specifications and related
documents can be obtained from:
(1) Global Engineering Documents
15 Inverness Way East
Englewood, Colorado 80112
Telephone: (800) 854-7179 or
(303) 397-7956
www.qlobal.ihs.com
(2) National Resource for Global Standards
www.nssn.orq
INITIALS: Lessor: --, & Government: 6
AD-2056 U.S.DEPARTMENT OF AGRICULTURE 1. REVIEW DATE
(12-03.09)
BUILDING/SITE ACCESSIBILITY COMPLIANCE CHECKLIST
(As Pertains to Persons With Disabilities)
2. REVIEW PERFORMED BY:
a. NAME OF INDIVIDUAL b. TITLE c. PHONE N0. d. AGENCY
,I t�h �{ � '\` w 1`� (Include Area Code/Extension)
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3. FACILITY LOCATION: 4. OTHER FEDERAL AGENCIES
a. STREET ADDRESS(Not P.O.Box) Ib. CITY 1" STATE OCCUPYING FACILITY(Last).
14700 Immokales Road Naples FL none
ELEMENT 1 -PARKING SPACES(ADA 208;ABA F208;ABAAS 502)
Individuals with mobility impairments need parking spaces wide enough to safety open vehicle doors fully and get out with a wheelchair or mobility aid. Designated parking spaces
shall be located nearest to the accessible entrance or accessible route to the building or facility
Total No.of Minimum No.of Required Total No.of Minimum No.of Required
Parking Spaces in Falkirk;Facility Accessible Parkin Spaces Parkina Spaces in Parking Facility Accessible Parkins Spaces
01- 25 1 201- 300 7
28- 50 2 301- 400 8
51- 75 3 401- 500 9
76-100 4 501-1000 2 percent of total
101-150 5 1001 and over 20,plus 1 for each 100,or fraction thereof
151-200 6 over 1000
REVIEW ITEM COMPLIANT? COMMENTS/MEASUREMENTS/
Yes No NIA SPECIAL CONDITIONS
1 F208.2 Minimum Number Parking spaces shall be provided in accordance with the ® 0 ❑ # of spces estimated between 51 and 75.
above table.
2 F208.2.4 Van Parking Spaces For every six or faction of six accessible parking 0 ® ❑
spaces,at least one sha0 be a van accessible space.
3 F208.3 Location Parking spaces shall be located on the shortest accessible rale ® ❑ ❑
from parking to an entrance. Where parking serves more than one accessible entrance,
parking krui es shell be dispersed and located on the shortest__ ssible route let the
accessible entrances. In parking facilities that do riot serve a particular building or
facility,parking spaces shall be located on the shortest accessible route to an
accessible pedestrian entrance of the parking facility.
4 502.2 Vehicle Spaces and 502.3 Access Aisle Where carNan parking spaces are marked with lines,width measurements of parking spaces and access aisles shall be
made from the centerline of the markings. Where parking spaces or access aisles are not adjacent to another parking space or access aisle,measurements shall be permitted
to include the lull width of the line defining the parking space or access aisle.
a Car parkin spaces shall be 96 inches(2440 mm)wide minimum and snap be makes ® 0 ❑
to define the width. Access aisle shall be 60 inches(1525 mm)wide minimum and
extend fill length of the parking spaces they serve. Access aisles shall be marked so
as to discourage parking In them.
b Van oarkino spaces shall be 132 inches(3350 mm)wide minimum or permitted to be 96 ❑ ® ❑
inches(2440 mm)wide minimum where the access aisle is 96 inches(2440 mm)wide
minimum. Spaces shall be marked to define the width and shall have an adjacent
access aisle. Access aisle shall be 60 inches(1525 mm)wide minimum or 96 inches
(2440 mm)wide minimum/using a 96 Inch wide space.
5 502.3 Advisory Access Aisle Accessible mutes must connect parking spaces to accessible entrances.
In parking facilities where the accessible route must cross vehicular traffic lanes,marked crossings enhance
pedestrian safety,particularly for people using wheelchairs and other mobility aids. Where possible,it is
preferable that the accessible route not pass behind perked vehicles.
6 502.4 Floor or Ground Surfaces Changes in level are not permitted. Slopes mol ® 0 0
steeper than 1.48 shall be permitted.
7 502.6 Identification and 703.7 Symbols of Accessibility Parking space ®� ❑ ❑
identification signs shall include the International Symbol of Accessibility. Signs
identifying van parking spaces shall contain the designation'van accessible.• Signs
shall be 60 inches(1525 mm)minimum above the finish floor or ground surface
measured to the bottom of the sign.
EXHIBIT B INITIALS: GOVT LESSOR
AD-2056(12-03-09)(Building/Site Accessibiltty Compliance Checklist) Page 1 of 10
0
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Utii.:.
ELEMENT 2—ACCESSIBLE ROUTE(ADA 206;ABA F202.2.1, F206;ABAAS 302,303,307,Chapter 4)
Individuals who walk with dificutty or use wheelchairs,crutches,canes or walkers need a wide,smooth,level,firm surface. Individuals with sight impairments need a path free of
hazards such as low-hanging/protruding objects undetectable by a cane.
REVIEW ITEM
COMPUANT? COMMENTS/MEASUREMENTS/
Yes No N/A SPECIAL CONDITIONS
1 F202.2.1 Accessible Route and F206.2.1 Site Arrival Points At Least one ® ❑ C
accessible mute shall be provided from accessible parking spaces and accessible
passenger loading zones;public streets and sidewalks;and public transportation stops
to an accessible entrance. (NOTE: This applies to new construction and existing
buildings,as well as additions.)
2 402.2 Components Accessible routes shall consist of one or more of the following ® El E
components: walking surfaces with a running slope not steeper than 1:20,doorways,
ramps.ant ramps excluding the flared sides,elevators.and platform lifts.
3 403.5.1 Clear Width The dear width of walking surfaces shall be 36 inches(915 ® 0 0
mm)minimum. Exception allows width to be reduced to 32 inches(815 mm)minimum
fora length of 24 inches(610 mm)maximum provided that reduced width segments are
separated by segments that are 48 inches(1220 mm)long minimum and 36 inches(915
mm)wide minimum.
4 307.2 Protrusion Limits Objects with leading edges more than 27 inches(685 mm) 0 0
and not more than 80 inches(2030 mm)above the finish floor or ground shall protrude 4
inches(100 mm)maximum horizontally into the circulation path. Handrails,however,
shall be permitted to protrude 4 M inches(115 mm)maximum.
5 403.3 Slope The running slope of walking surfaces shall not be steeper than 1:20. ® 0 0
(NOTE: If slope exceeds 1:20,check Element 3-RAMPS.) The cross slope of
walking surfaces(perpendicular to direction of travel)shall not be steeper than 14d
6 303 Changes in Level Where changes in level are permitted in floor or ground ® 0 0
surfaces,they shall be one-fourth inch(6.4 mm)high maximum vertically Changes in
level between one-fourth inch(8 4 mm)high maximum and one-hall inch(13 mm)high
maximum shall be beveled with a slope not steeper than 1:2.
7 302.3 Beveled A change in level of one-half inch(13 mm)is pemuted to be one-fourth inch(6.4 mm)
vertical plus one-fourth inch(6.4 mm)beveled. However,in no case may the combined change in level
exceed one-half inch(13 mm). Changes in level exceeding one-half inch(13 mm)must comply with
405 Ramps and 406 Curb Ramps.
ELEMENT 3—RAMPS,CURB RAMPS AND HANDRAILS(ABAAS 302,405,406,505)
Individuals using wheelchairs need gently sloped ramps with handrails,no dropoft,and a smooth,stable surface with level top and bottom platforms for resting and turning. To
accommodate the widest range of users,provide ramps with the least possible running slope and,wherever possible,accompany ramps with stairs for use by those Individuals for
whom distance presents a greater barrier than steps;e.g.,people with heart disease or limited stamina.
For measuring slope,consider the ratio of height to length. Slope is the ratio of the amount of'rise'(height)to'run'(distance or length). A sidewalk can be up to a slope of 120
(up to one toot'rise'or height in 20 feet of'run'or length). Any slope steeper than that is a ramp,which is allowed to slope up to 1:12(up to one foot'rise'or height in 12 feet of
'run'or length).
In measuring slopes,first measure the height to the highest point to determine the rust number of the ratio. Then,measure the length of the slope to determine the second number.
Finally,using basic algebra,compare your measurements to the appropriate ratio. Fix example,a ramp measures 6'high and 60'long. Is the slope too steep? Using algebra,
create an equation using the height and solve for the length:
1/12 - 6/X 1X=(6.12),X...72
(In order to be a 1/12 slope,the length must be at least 72'.)
Here,X=77. That is,for a 6'nigh ramp,the length must be 72'or more In this example,the length is less than 77,so the slope is too steep for a wheelchair to navigate.
Mother way to determine whether the slope is too steep is to use the appropriate tables shown below. If the height is greater than 30',two ramps with a landing between them
must be used. All measurements listed in'height'to'length'ars in inches. If the length of the slope exceeds the second number,the ramp or sidewalk is fine(less slope). If the
length of the slope is less than the second number,the ramp or sidewalk is too steep. (A sidewalk would then become a ramp and require handrails,etc. A ramp would be too
steep for a wheelchair to navigate.)
Ramps(Maximum Slope): Sidewalks(Maximum Slope):
1 - 12 7: 84 13:156 19:228 25:300 1 • 20 7. 140 13 260 19:380 25:500
2:24 8.. 96 14. 168 20 240 26 312 2: 40 8• 160 14:280 20:400 26:520
3:36 9:108 15. 180 21 252 27:324 3' 60 9: 180 15:300 21 :420 27:540
4 48 10: 120 16: 192 22:264 28:336 4. 80 10:200 16:320 22:440 28:560
5:60 11: 132 17•204 23'276 29:348 05: 100 11 :220 17.340 23:460 29:580
6:72 12: 144 18:216 24:288 30.360 6. 120 12:240 18:360 24:480 30:600
EXHIBIT B INITIALS:GOVT LESSOR
AD-2058(12-03-09)(Building/Site Accessibility Compliance Checklist) Page 2 Of 10
0447
�#n Ep
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ELEMENT 3—RAMPS,CURB RAMPS AND HANDRAILS(ABAAS 302,405,406, 505)(Continued)
REVIEW ITEM COMPLIANT? COMMENTS/MEASUREMENTS/
Yes No N/A SPECIAL CONDITIONS
1 405.2 Slope Ramp runs shall have a running slope not steeper than 1:12. In existing ❑ ❑ ® V
sites,buildings,and facilities.ramps shall be permitted to have running slopes steeper
than 1:12 complying with guidelines shown where such slopes are necessary duo to
space limitations. (Slope steeper than 1:10 but not steeper than 1:8 shall nave a
maximum rise of 3 inches(75 mm). Slope steeper than 1:12 but not steeper than 1:10
shall have a maximum rise of 6 inches(150 mm). A slope steeper than 1:8 is
prohibited.)
2 405.3 Cross Slope Cross slope of ramp runs shall not be steeper than 1:48. Cross 0 0
slope is the slope of the surface perpendicular to the direction of travel. Cross slope is
measured the same way as slope is measured(i.e.,the rise over the run).
3 302 and 405.4 Floor or Ground Surfaces Floor orground surfaces of ramp runs 0 0
shall be stable,firm,and slip resistant. Changes in level other than the running slope
and cross slope are not permitted on ramp runs.
4 302.1 Advisory Floor or Ground Surfaces A stable surface is one that remains unchanged by
contaminants or applied force,so that when the contaminant or force is removed,the surface returns to its
original condition. A flan surface resists deformation by either indentations or particles moving on its surface.
A slipwesistant surface provides sufficient frictional counterforce to the forces exerted in walking to permit safe
ambulation.
5'405.5 Clear Width and 405.6 Rise The dear width of a ramp run and,where ❑ 0
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handrails are provided,the clear width between handrails shall be 36 inches(915 mm)
minimum. The rise for any ramp run shall be 30 inches(760 mm)maximum.
6 x405.7 Landings Ramps shall have landings at the top and the bottom of each ramp ❑ 0
run Level landing is as wide as ramp and at least 60 Inches(1525 mm) long at top and
bottom of ramp and each turn of ramp. Changes in level are not permitted. Slopes not
vesper than 1:48 shall be permitted,
7 405.9 Edge Protection Edge protection provided on ramps greater then 10 inches 0 ❑ 0 _
long,using a curb or barrier. (NOTE: The railing or some other provision must be
made to avoid a wheelchairs wheel from running oto the side of the ramp.)
8 406.2 Counter Slope Counter slopes of adjoining gutters and road surfaces ❑ ❑
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immediately adjacent to the curb ramp shall not be steeper than 1:20. The adjacent
surfaces at transitions at curb ramps to walks,gutters,and streets shall be at the same
level.
9 406.3 Sides of Curb Ramps if no hand/guard rails,flared sides with slope of flare ❑ ❑
no more than 1:10 steep.
10 406.5 Location Curb ramps and the flared sides of curb ramps shall be located so ❑ ❑
that they do not project into vehicular traffic lanes,perkng spaces,or parking access
aisles. Curb ramps at marked crossings shall be wholly contained within the markings,
excluding any flared sides.
11 405.8,504.6 and 505 Handrails Ramp runs with a rise greater than 6 inches(150 0 + 0
mm)shall have handrails. Stairs shall have handrails. Handrails are not required on
walking surfaces with running slopes less than 1:20. Handrails shall be provided on
both sides of stairs and ramps. In assembly areas,handrails shad not be required on
both sides of sista ramps where a handrail i3 provided et either side or within the lisle
width.
a 505.4 Height Top of gripping surfaces of handrails shall be 34 inches(865 mm) ❑ ❑
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minimum and 38 inches(965 mm)maximum vertically above walking surfaces,stair
nosings,and ramp surfaces, Handrails shall be at a consistent height above walking
surfaces,stair nosings,and ramp surfaces
b 505.5 Clearance Clearance between handrail gripping surfaces and adjacent ❑ ❑
El
surfaces shall be I and one-half inches(38 mm)minimum.
c 505.7.1 Circular Cross Section Handrail gripping surfaces with a circular crass 0 0
section shall have an outside diameter of I and one-fourth inches(32 mm)minimum
and 2 inches(51 mm)maximum.
d 505.8 Surfaces Handrail gripping surfaces and any surfaces adjacent to them shall ❑ ❑
be free of sharp or abrasive elements and shall have rounded edges.
e 605.9 Fittings Handrails shall not rotate within their fittings. ❑ 0
EXHIBIT B INITIALS: GOVT LESSOR
AD-2056(12-03-09)(Building/Site Accessibility Compliance Checklist) A Page 3 of 10
0
ELEMENT 4—ENTRANCES AND INTERIOR DOORS(ABA F202.2.1,F202.6.2,F206.2.2,F206.2.3,F206.4;ABAAS 404)
Individuals with mobility impairments need a building entrance that is wide,smooth,level or ramped. Entrance doors must be wide,have adequate space for maneuvering(on both
the pull and push sides)and require light pressure and no twisting to operate. At least one accessible route shall be provided within the site from accessible parking spaces and
accessible passenger loading zones;public streets and sidewalks;and public transportation stops to an accessible entrance serving the addition. If the ony accessible entrances
serving the addition are provided in the existing building or facility,the accessible route shall connect et least one existing entrance to all accessible spaces and elements within the
addition.
Door Pressure Measurements:
For measuring door pressure,a fish weighing scale can prove useful, It needed,these are available for a small fee at sporting goods stores. These scales are used to weigh your
'catch'by hanging it from the hook on the scales.
To test door pressure,put the hock on the on the door handle and pull with fish scale towards you. If you read the scale when the door begins to move,you have a reading of the
amount of'foroe'(pressure),in pounds,required to open the door. Per this checklist,the'door pressure'should be 8.5 pounds or less,or roughly the force required to open a
refrigerator door.
COMPLIANT? COMMENTS/MEASUREMENTS/
REVIEW ITEM Yes No N/A SPECIAL CONDITIONS
1 F206.4 Entrances and 404.2 Manual Doors,Doorways,and Manual Gates ® 0 0
Entrance doors,doorways,and gates shall be on an accessible route. Accessible doors
are standard single or double keeled hinged doors,not revolving doors.
2 404.2.3 Clear Width Door openings shall provide a dear width o/32 inches(815 ® El El
mm)minimum. Clear openings of doorways with swinging doors shall be measured
between the face of the door and the stop,with the door open 90 degrees. Openings
more than 24 inches(610 mm)deep shall provide a clear opening of 36 inches(915
mm)minimum. There shall be no pm/actions into the required clear opening width
lower than 34 inches(885 mm)above the finish floor or ground.
3 404.2.5 Thresholds If provided at doorways,shall be one-hall inch(13 mm)nigh ® 0 0
maximum. Raised thresholds and changes in level at doorways shall comply with 302
Floor and Ground Surfaces and 303 Changes in Level. Existing or altered
thresholds X inch(19 mm)high maximum that have a beveled edge on each side with a
slope not steeper than 1:2 shall not be required to comply with 404.2.5.
4 404.2.7 Door and Gate Hardware and 309.4 Operation Handles,pulls,latches, ® El E
locks,and other operable parts on doors and gates shall be operable with one hand and
shall not require tight grasping,pinching,or twisting of the wriat. Operable parts of such
hardware shall be 34 inches(865 mm)minimum and 48 inches(1220 mm)maximum
above the finish floor or ground. Where sliding doors are in the fully open position,
operating hardware shall be exposed and usable horn both sides.
5 404.2.9 Door and Gate Opening Force and 309.4 Operation The maximum ® 0 0
opening force shall be 5 pounds on interior hinged/slidingfolding doors(about as much
as needed to open a refrigerator door). Maximum force pertains to the continuous
application of force necessary to fully open a door,not the initial force needed to
overcome the inertia of the door. ft does not apply to the face required to retract bolts
or to disengage other devices used to keep the door in a closed position.
6 404.2.6 Doors and Gates in Series The distance between euro hinged or pivoted 0 El E
doors in series and gates in sones shall be 48 inches(1220 mm)minimum plus the
width of doors or gates swinging into the space..
ELEMENT 5—RESTROOMS
(ABA F206.2.4,F213.3.1,F216.2, F216.8;ABAAS 305,306, 308,309,404,603,604,605,606,609)
Individuals with mobility impairments need restrooms that they can get to and use easily and safely. Fixtures need adequate dear floor space for approach and use,arid some
require sturdily mounted grab bars for support or transfer. Controls and hardware'must be within reach end easily operable. Hot sharp,abrasive,or protruding objects are
hazards.
COMPLIANT? COMMENTS/MEASUREMENTS/
REVIEW ITEM
Yes No N/A SPECIAL CONDITIONS
1 F206.2.4 Spaces and Elements and 603 Toilet and Bathing Facilities ® ❑ El
Accessible route shall follow the circulation path. At least one accessible toilet for each
sex on each floor of multiple facilities. Where only one toilet is provided in a building or
facility for each sex,either one unisex toilet or one toilet for each sex shall be provided
on an accessible route.
2 404.2.3 Clear Width and 309.4 Operation[Addressed under Element 4,ferns 2 ® El El
and 4j,F216.2 Sign Designations and F216.8 Toilet Rooms and Bathing
Rooms Where existing toilet rooms or bathing rooms do not comply with 603 Toilet
and Bathing Facilities,directional signs indicating the location of the nearest toilet
room or bathing room within the facility shall be provided.(Addressed under Element 8j
3 404.2.3 Clear Width,604.8.1.2 Doors and 604.8.2.2 Doors Toilet stall door ® fl 0
openings shall provide a dear width of 32 inches(815 mm)minimum. Doors shall not
swing into the minimum required compartment area.
4 804.8.1.1 Size Wheelchair accessible compartments shall be 60 inches(1525 mm) ® El El
wide minimum measured perpendicular to the side wall,and 56 inches(1420 mm)deep
minimum for wad hung water closets and 59 inches(1500 mm)deep minimum for Door
mounted water closets measured perpendicular to the rear wall. _
5 604.8.1.4 Toe Clearance The front partition and at least one side partition shall ® 0 El
provide a toe clearance of 9 inches(230 mm)minimum above the finish floor and 6
inches(150 mm)deep minimum beyond the compartment-side face of the partition,
exclusive of partition support members. Toe clearance et the front partition rs not
required in a compartment greater than 62 Inches(1575 mm)deep with a wall-hung
water closet or 65 inches(1650 mm)deep with a flow-mounted water doset Toe
clearance at the side partition is not required in a compartment greater than 66 incites
0675 mm)wide.
EXHIBIT B INITIALS.. 3v`v7 LESSOR
AD-2056(12-03-09)(Building/Site Accessibility Compliance Checklist) Page 4 of 10
O4`,
ELEMENT 5—RESTROOMS(Continued)
(ABA F206.2.4, F213.3.1, F216.2, F216.8;ABAAS 305,306, 308,309,404,603,604,605,606, 609)
REVIEW ITEM COMPLIANT? COMMENTS/MEASUREMENTS/
Yes No N/A SPECIAL CONDITIONS
6 604.5 and 609 Grab Bars Grab bars shall be provided on the side wall closest to the water closet and on the rear wall.
a 604.5.1 Side Wall The side well grab bar shall be 42 inches(1065 mm)long ® 0 0
minimum,located 12 inches(305 mm)maximum from the rear wall and extending a
total of 54 inches(1370 mm)minimum from the rear wall.
b 604.5.2 Rear Wall The rear wall grab bar shall be 36 Inches(915 mm)long minimum
and extend from the centerline of the water closet 12 inches(305 mm)minimum on one
,side and 24 inches(610 mm)minimum on the other side. The rear grab bar shall be
permitted to be 24 inches(610 mm)long minimum,centered on the water closet where
wall space does not permit a length of 36 inches(915 rem)minimum due to the location
of a recessed fixture adjacent to the water closet Where an administrative authority
requires flush controls for flush valves to be located in a position that conflicts with the
location of the rear grab bar,then the rear grab bar shall be permitted to be split or
sh%led to the open side of the toilet area.
c 604.8.1.5 Grab Bars,609.2.1 Circular Cross Section and 609.2.2 Non- ® 0 0
Circular Cross Section Grab bars with circular cross sections shall have an outside
diameter of one and one-fourth inches(32 mm)minimum and 2 inches(51 mm)
maximum. Grab bars with non-circular cross sections shall have a cross-section
dimension of 2 inches(51 mm)maximum and a perimeter dimension of 4 inches(100
mm)minimum and 4.8 inches(120 mm)maximum. (NOTE: Around'grab bar has a
'circular cross section'. If it were cut through,and you looked at the end of it,the grab
bar would be circular in shape. Newer grab bars also come in an'oval'or'rounded
rectangle'shape. These are acceptable,provided they meet the requirements for a
`non-circular cross section'described here.)
d 609.3 Spacing The space between the wall and the grab bar shall be one and one- ® 0 0
half inches(38 mm). The space between the grab bar and projecting objects below and
at the ends shall be one and one-half inches(38 mm)minimum. The space between
the grab bar and projecting objects above shall be 12 inches(305 mm)minimum.
e 609.4 Position of Grab Bars Grab bars shall be installed in a horizontal position, ® 0 0
33 inches(840 mm)minimum and 36 inches(915 mm)maximum above the finish floor
measured to the top of the gripping surface.
f 609.5 Surface Hazards,609.6 Fittings,and 609.8 Structural Strength Grab ® 0 0
bars and any wall or other surfaces adjacent to grab bars shall be free of sharp or
abrasive elements and shalt have rounded edges. Grab bars shall not rotate within their
fittings. Allowable stresses shall not be exceeded for materials used when a vertical or
horizontal force of 250 pounds(1112 N)is applied at any point on the grab bar,
fastener,mounting device,or supporting structure.
7 F213.3.1 aro 604 Water Closets and Toilet Compartments
a 604.2 Typical Accessible Stall The water closet shalt be positioned with a war/Of ® 0 0
partition to the rear and to one side. The centerline of the water closet shall be 16
inches(405 mm)minimum to 18 inches(455 mm)maximum from the side wall or
partition. Water closets shall be arranged for a left-hand or right-hand approach.
b 604.2 Ambulatory Accessible Stall The water closet in an ambulatory accessible ® 0 0
stall shall be positioned 17 inches(430 mm)minimum and 19 inches(485 mm)
maximum from the side wall or partition. The ambulatory accessible toilet compartment
shalt have a depth of 60 inches(1525 mm)minimum and a width of 35 inches(890 mm)
and 37 inches(940 mm)maximum. (NOTE: An ambulatory accessible stall is required
only when six or more stalls are provided in a bathroom It is designed for persons who
are mobility impaired but do not use a wheelchair. The stat is designed with grab bars
on both side walls to steady them as they stand and maneuver. See item 6a above for
grab bar requirements. The stall is not large enough for a wheelchair to enter and turn
around.)
8 604.3 Clearance Size and 604.3.2 Overlap Clearance around a water closet shad ® 0
be 60 inches(1525 mm)minimum measured perpendicular from the side well and 56
inches(1420 mm)minimum measured perpendicular from the rear wall The required
clearance around the water closet shall be permitted to overlap the water closet
associated grab bars,dispensers,sanitary napkin disposal units,coat hooks,shelves.
es,
accessible routes,dear floor space and clearances required at other fixtures,and the
firming space. No other fixtures or obstructions shall be located within the required
water closet clearance. When the door to the toilet room is placed direc#y in frontd the
water closet the water closet cannot overlap the required maneuvering clearance ler
the door inside the room.
9 604.4 Seats The seat height of a water closet above the finish floor shall be 17 inches ® 0 0
(430 mm)minimum and 19 inches(485 mm)maximum measured to the top of the seat
A water closet in a toilet room for a single occupant accessed only through a private
office and not for common use or public use shall not be required to comply.
10 604.6 Flush Controls and 309.4 Operation Flush controls shalt be hand ® 0 0
operated or automatic and shall be installed 44 inches(915 mm)maximum above We
finish floor. Flush controls shall be located on the open side of the water closet except
in ambulatory accessible compartments ninth measurements as shown in item 7b above.
(NOTE: In the ambulatory stall described in item 7b above,the flush control can be ort
either side of the water closet,since the water closet is centered in the stall.) Hand
operated flush controls shall be operable with one hand and shall not require tight
grasping,pinching,or twisting of the wrist. The fame required to activate operable parts
shall be 5 pounds(22.2 N)maximum. (NOTE: As noted in Element 4,a fish weighing
scale may prove useful in measuring force.)
EXHIBIT B INITIALS: GOVT' LESSOR
AD-2056(12-03-09)(Building/Site Accessibility Compliance Checklist) Page 5 of 10
0
16E2
6 E
ELEMENT 5—RESTROOMS(Continued)
(ABA F206.2.4, F213.3.1, F216.2,F216.8;ABAAS 305,306,308,309,404,603,604,605,606, 609)
REVIEW ITEM COMPUANT? COMMENTS/MEASUREMENTS/
Yes No N/A SPECIAL CONDITIONS
11 F213.3.3 Urinals,605.2 Urinal Height and Depth,and 305 Clear Floor or ® 0 0
Ground Space Urinals shall be the stall-type or the wall-hung type with the rim 17
inches(430 mm)maximum above the finish floor or ground. Urinals shall be 13 and
one-half inches(345 mm)deep minimum measured from the outer face of the urinal rim
10 the back of the fixture. The clear floor or ground space shall be 30 inches(760 mm)
/minimum by 48 inches(1220 mm)minimum.
12 604.7 Dispensers Toilet paper dispensers shall be operable with one hand and shall
riot require tight grasping,pinching,or twisting of the wrist They shall be 7 inches(180
mm)minimum and 9 inches(230 mm)maximum in front of the water closet measured to
the centerline or the dispenser The outlet of the dispenser shall be/5 inches(380 mm)
minimum and 48 inches(1220 mm)maximum above the finish floor and shall not be
located behind grab bars. Dispensers shall not be of a type that controls delivery or that
does not allow continuous paper flow
13 604.7 Dispensers/f toilet paper dispensers are installed above the side wan grab 0 0
bar,the outlet of the toilet paper dispenser must be 48 inches(1220 mm)maximum
above the finish floor and the top of the gripping surface of the grab bar must be 33
inches(840 mm)minimum and 36 inches(915 mm)maximum above the finish floor
NOTE TO REVIEWER: A dispenser above a grab bar is not required,but if it's
positioned above the grab bar,these are the required dimensions. Check box options
have been retained for this Advisory.
14 F213.3.4 Lavatories,305 Clear Floor or Ground Space,306,Knee and ® 0 0 Under-sink plumbing is not cushioned
Toe Clearance,606.3 Height,and 606.5 Exposed Pipes and Surfaces
Lavatories and sinks shall be installed with the front of the higher of the rim or counter
surface 34 inches(865 mm)maximum above the finish floor or ground. (NOTE: A
lavatory in a toilet or bathing facility for a single occupant accessed only through a
private office and not for common use or public use shall not be required to comply.)
Water supply and drain pipes under lavatories and sinks shall be insulated or otherwise
configured to protect against contact. There shall be no sharp or abrasive surfaces
under lavatories or sinks. The clear floor space in front of sink shall be 30 inches(760
mm)minimum by 48 inches(1220 mm)minimum.
15 606.4 Faucets and 309 Operable Parts Controls for faucets shall be operable ® El E
with one hand and shall not require tight grasping,pinching,or twisting of the wrist. The
force required to activate operable parts shall be 5 pounds(22.2 N).
16 308 Reach Ranges,604.7 Dispensers,604.8.3 Coat Hooks and Shelves El
if soap and towel dispensers are provided,they must be located so that they are
conveniently usable by a person at the accessible lavatory. Coat hooks shall be located
within one of the reach ranges specified. Shelves shag be located 40 inches(1015 mm)
minimum and 48 inches(1220 mm)maximum above the finish floor. Where a forwerri
or side reach is unobstructeq the high forward or side reach shall be 48 inches(1220
mm)maximum and the low forward reach shall be 15 inches(380 mm)minimum above
the finish floor or ground. Where a forward reach is over an obstruction.the high
forward reach shall be 48 inches(1220 mm)maximum where the reach depth is 20
inches(510 mm)maximum. Where the reach depth exceeds 20 inches(510 mm),the
high forward reach shall be 44 inches(1120 mm)maximum and the reach depth shall
be 25 inches(625 mm)maximum. Where a side reach is over an obstruction the high
side reach shall be 48 inches(1220 mm)maximum fore reach depth of 10 inches(255
mm)maximum. Where the reach depth exceeds 10 inches(255 mm),the high side
reach shall be 40 inches(1170 mm)maximum fora reach depth or 24 inches(0 10 mm)
maximum.
17 F213.3.5 and 603.3 Mirrors Mirrors located above lavatories or countertops shall be ® ® ❑ '
installed with the bottom edge of the reflecting surface 40 inches(1015 mm)maximum
above the finish floor or ground Mirrors not located above lavatories or countertops
shall be installed with the bottom edge of the reflecting surface 35 inches(890 mm)
maximum above the finish floor or ground. A single full-length mirror can accommodate
a greater number of people. In order for minors to be usable by people who are
ambulatory and people who use wheelchairs,it is advisable that the top of edge of
mirrors should be 74 inches(1880 mm)minimum from the floor or ground.
ELEMENT 6—ELEVATORS(ABA F206.2.3;ABAAS 302.1,407)
All persons benefit from conveniently located elevators. Adequate maneuvering space must be provided. Provide time to enter the cab and access the marked controls. Persons
with visual impairments need audible indicators for direction of travel and floors and tactile markings at all controls. Persons who are deaf or hard of hearing need this information
to be visual.
REVIEW ITEM COMPLIANT? COMMENTS/MEASUREMENTS!
Yes No N/A SPECIAL CONDITIONS
1 F206.2.3 Multi-Story Buildings and Facilities,407.3 Elevator Door 0 CI
23
Requirements At least one elevator shall serve each level on an accessible mule in
a multistory facility,unless ramped. Elevator doors shall be the horizontal sliding type.
Car gates shall be prohibited. Elevator hoistway and car doors shaft open and dose
automatically. Existing manually operated hoistway swing doors shall be permitted
provided that they comply with 404.2.3 Clear Width and 404.2.9 Door and Gate
Opening Force. Car door closing shall not be Initiated until the hoistway door 1s
dosed
EXHIBIT B INITIALS: GOVT LESSOR
AD-2056(12-03-09)(Building/Site Accessibility Compliance Checklist) Page 6 of 10
16E2
ELEMENT 6-ELEVATORS(ABA F206.2.3;ABAAS 302.1,407)(Continued)
REVIEW ITEM COMPLIANT? COMMENTS/MEASUREMENTS/
2 407.3.3 Reopening Device Elevator doors shall be provided with a reopening 0 0
El
device that shall stop and reopen a car door and hoistway door automatically if the door
becomes obstructed by an object or person. The device shall be activated by sensing
an obstruction passing through the opening at 5 inches(125 mm)nominal and 29
inches(735 mm)nominal above the finish floor. The device shall not require physical
contact to be activated,although contact is permitted to occur before the door reverses.
Door reopening devices shall remain effective for 20 seconds minimum. Existing
elevators with manually operated doors shall not be required to comply.
3 407.2.1 Call Controls Where elevator call buttons or keypads are provided,they 0 0
shall be located within one of the reach ranges specified in 308 Reach Ranges.
measured to the centerline of the highest operable part. Call buttons shall be raised or
flush;however,existing elevators shall be permitted to have recessed call buttons.
Existing call buttons end exoting keypads shall be permitted to be located at 54 inches
(1370 mm)maximum above the finish floor,measured to the centerline of the highest
operable part. Cal buttons shall be three-fourth inch(19 mm)minimum in the smallest
dimension. Existing elevator call buttons shall not be required to comply. A clear floor
or ground space complying with 305 Clear Floor or Ground Spaces shall be
provided at call controls. The call button that designates the up direction shall be
located above the call button that designates the down direction. Destination-oriented
elevators shall not be required to comply.
4 407.4.1 Car Dimensions Clear width of elevator doors shall tie 42 inches(1065 0 0
mm)minimum if door location is centered. If door opens in the center,the floor is at
least 51 inches by BO inches. If door opens on the side(off-centered),then door clear
width shall be 36 inches(915 mm)minimum;a tolerance of minus 5✓8 inch(16 mm)is
permitted. If door opens on one side,floor shall be at least 51 inches by 68 inches.
(NOTE: Refer to guideline;some other sizes are acceptable).
5 407.3.5 Door Delay Elevator doors shall remain fully open in response to a car call [] 0
for 3 seconds minimum.
6 407.4.3 Platform to Hoistway Clearance The clearance between the car 0 ❑ El
platform sill and the edge of any hoistway landing shall be one and one-fourth inch(32
mm)maximum.
7 302.1 Floor or Ground Surfaces Elevator floor shall be stable,firm,and slip 0 0 ®
resistant
8 407.2.1.5 Signals,407.2.2 Hall Signals,and 407.2.3.1 Floor Designation 0 0
Call buttons shall have visible signals to indicate when each call is registered and when
each call is answered. Destination-oriented elevators shall not be required to comply,
provided that visible and audible signals indicating which elevator car to enter are
provided. Floor designations shall be provided on both jambs of elevator hoistway
entrances. Floor designations shall be provided in both tactile characters and Braille.
Tactile characters shall be 2 inches(51 mm)high minimum. A tactile star shall be
provided on both jambs at the main entry level
9 407.4.6.4 Emergency Controls,407.4.7 Designations and Indicators of 0
Car Controls,and 407.4.7.1.4 Visible Indicators Emergency control buttons
shall have their centerlines 35 inches(890 mm)minimum above the finish floor
Emergency controls,mcuding the emergency alarm,shall be grouped at the bottom of
the panel Control buttons shall be identified by tactile characters. Raised character
and Braille designations shall be placed immediately to the left of the control button to
which the designations apply. Where space on an existing car operating panel
precludes tactile markings to the left of the controls,markings shall be placed as near to
the control as possible. The control button for the emergency stop,alarm,door open,
door close,main entry floor,and phone,shall be identified with tactile symbols. Refer to
Table 407.4.7.1.3 Elevator Control Button Identification. Buttons with floor
designations shall be provided with visible indicators to show that a caN has been
registered. The visible indication shall extinguish when the car arrives at the designated
floor.
10 407.4.4 Leveling Each car shall be equipped with a self-leveling feature that will 0 0 El
automatically bang and maintain the carat floor landings within a tolerance of one-hal
inch(13 mm)under rated loading to zero loading conditions.
ELEMENT 7-STAIRS AND LIFTS(ABAAS 504, 505)
People with visual impairments need stairs that have uniform tread and riser height,that have handrails which guide them and which indicate landings. Stair lifts benefit people with
mobility impairments but cannot substitute for elevators in new construction. They can be a successful solution to existing stairs that cannot be ramped.
COMPLIANT? COMMENTS/MEASUREMENTS/
REVIEW ITEM
Yes No N/A SPECIAL CONDiT1ONS
1 504.2 Stairway Treads and Risers All steps on a flight of stairs shall have uniform 0 0
riser heights and uniform tread depths Risers shall be 4 inches(100 mm)high
minimum and 7 inches(180 mm)high maximum. Treads shall be 11 inches(280 rem)
deep minimum. Open risers are not permitted. Stair treads shall be stable,lrm,and
stip resistant. Changes in level are not permitted. Treads shall be permitted to have a
slope not steeper than 1:48.
2 504.5 Nosings The radius of curvature at the leading edge of the head shalt be one- 0 0 to
half inch(13 mm)maximum. Nosings that project beyond risers shall have the
underside of the leading edge curved or beveled. The permitted protection of the nosing
shall extend one and one-half inches(38 mm)maximum over the head.
EXHIBIT B INITIALS: GOVT --LESSOR
AD-2056(12-03-09)(Building/Site Accessibility Compliance Checklist) Page 7 of 10
1 6E 2
ELEMENT 7-STAIRS AND LIFTS(ABAAS 504,505)(Continued)
REVIEW ITEM COMPLIANT? COMMENTS/MEASUREMENTS/
Yes No N/A SPECIAL CONDITIONS
3 505 Handrails,505.10.2 Top Extension of Stairs,and 505.10.3 Bottom (0 0
El
Extension of Stairs Refer to Element 3,Item 12 at At the top ofa stair flight,
handrails shall extend horizontally above the landing for 12 inches(305 mm)minimum
beginning directly above the first riser nosing. Extensions shall return to a wall,guard,
or the landing surface,or shall be continuous to the handrail of an adjacent stair flight.
At the bottom of a stair flight,handrails shall extend at the slope of the stair flight for a
horizontal distance at least equal to one tread depth beyond the last riser nosing.
Extension shall return to a wal,guard,or the landing surface,or shall be continuous to
the handrail of an adjacent stair flight.
ELEMENT 8-COMMUNICATION ELEMENTS AND FEATURES
(ADA 215,216;ABA F215,F216,F217;ABAAS 305,308,702,703,704,705)
Persons with disabilities need exhibits,signs and information displays adequately lighted,in high-contrast colors,in large,easy-to-read print,in Braille and at levels where the
material may be read by people who are short or by persons in wheelchairs. Tactile objects allow persons with visual impairments to enjoy exhibits and displays. Audio
information,or some other format,should be available to persons who are deaf or hard of healing. The services available to provide accessibility,as well as general information
about the building or site,should inform persons on the extent of the building's or site's accessibility.
Persons using wheelchairs need adequate dear floor space to access telephones and a low mounting height so they can reach all operable parts. Individuals with hearing
impairments need volume controls.
Section 508 of the Rehabilitation Ad of 1973,as amended(29 U S.0 794d)requires that when Federal agencies develop,procure,maintain,or use electronic and information
technology,Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not
individuals with disabilities,unless an undue burden would be imposed on the agency Section 508 also requires that individuals with disabilities,who are members of the public
seeking information or services from a Federal agency,have access to and use of information and data that is comparable to that provided to the public who are not individuals with
disabilities,unless an undue burden would be imposed on the agency.
People with visual impafmlents need audible emergency warning systems;and persons with heanng impairments need visual alarms.
REVIEW ITEM COMPLIANT? COMMENTS/MEASUREMENTS/
Yes 1 No WA SPECIAL CONDITIONS
I f216.2 Designations and 703 Signs Interior and exterior signs provide direction to El
or information about spaces and facilities of the site and can be located in parking lots,
at entrances,exit passageways,restrooms,telephone areas,or any room or space
where designations,labels,or names are needed. Where both visual and tactile
characters are required(interior or exterior),either one sign with both visual and tactile
characters,or two separate signs,one with visual,and one with tactile characters,shall
be provided. Tactile text descriptors are required for pictograms that are provided to
label or identify a permanent morn or space. Pictograms that provide information about
a room or space,such as'no smoking,'occupant logos,and the International Symbol of
Accessibility are not required to have text deschpfors.
2 703 Signs Visual signs should have color contrast and be of appropriate height(48-60 ® 0 0
inches)and located on the latch side of door. Characters shall be uppercase and shall
not be italic,oblique,script,highly decorative,or of other unusual formats. Signs
duplicated in Braille(designed to be read by touch)should have raised characters with
no sharp or abrasive edges. (NOTE: Exempted for existing signs until sign replaced or
lease renewed.)
3 703.4.1 Height Above Finish Floor or Ground and 703.4.2 Location Visual ®
signs shall be at appropriate height(48-60 inches)from the finish floor or ground
surface and located on the latch side of door. Signs containing tactile characters shall
be located so that a dear floor space of 18 inches(455 mm)minimum by 18 inches
(455 mm)minimum,centered on the tactile characters,is provided beyond the arc or
any door swing between the closed position and 45 degree open position Where a
tactile sign is provided at double doors with one active leaf the sign shall be located on
the inactive leaf. Where a tactile sign is provided at double doors with two active leafs,
the sign shall be located to the right of the right hand door. Where there is no well
space at the latch side of a single door or at the right side of double doors,signs shall
be located on the nearest adjacent wall Signs with tactile characters shall be permitted
(on the push side of doors with closers and without hold-open devices.
4 F216,703 Signs,and 703.5.1 Finish and Contrast Visual signs should have ® 0 0
color contrast. Characters shall be uppercase and shall not be italic,oblique,script
highly decorative,or of other unusual formats. Visual characters and their background
shall have a non-glare finish. Characters shall contrast with their background with either
light characters on a dark background or dark characters on a light background.
Shadows cast by lighting sources,surface glare,and the uniformity of text should be
considerations. Signs duplicated in Braille(designed to be read by touch)should here
raised characters 1/32 inch(0.8 mm)above their background with no sharp or abrasive
edges. (NOTE: Exempted for existing signs until sign replaced or lease renewed.)
5 F217.2 Wheelchair Accessible Telephones,305 Clear Floor or Ground 0 0 El
Space,308 Reach Ranges,and 704 Telephones Where public telephones are
provided,at least one accessible wheelchair telephone shwa be provided per floor,level,
and exterior site on an accessible mute. Clear floor space shall be 30 inches by 48
inches minimum in front of phone. Telephones shall have push-button controls where
such service is available and be within a reach range of 48 inches maximum. The and
from the telephone to die handset shall be 29 inches(735 mm)king minimum.
6 F217.4 and 704.4 TTYs Where four or more pubic telephones are provided in a 0 0
group,a TTY for the deaf or hard of hearing shall be provided per floor,leve,and
exterior site on an accessible mute. 77Ys required at a public pay telephone for the
deaf or hard of hearing shall be permanently affixed within,or adjacent to,the telephone
enclosure. Where an acoustic coupler is used,the telephone cord shall be sufficiently
king to allow connection of the TTY and the telephone receiver.
EXHIBI i B INI I IALS: GOV I LE 8SOH
AD-2058(12-03-09)(Building/Site Accessibility Compliance Checklist)
Page 8 of 10
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16E2
ELEMENT 8—COMMUNICATION ELEMENTS AND FEATURES(Continued)
(ADA 215, 216;ABA F215,F216, F217,F230;ABAAS 305, 308, 702,703,704,705,708)
7 Rehabilitation Act,Section 508(29 USC 794d)requires agencies to make their 0 121
electronic and information technology accessible to people with disabilities. The law was
lnacted to direct agencies to give disabled employees and members of the public
access to information that is comparable to the access available fo others. To comply
with this ruling,services available to people with disabilities(i.e.,sign language,
captioned films,etc.)shall be identified and publicized. In addition,accessibility
features should be included in any publicized materials relating to a facility or its
programs and activities.
8 702 Fire Alarm Systems Fire alarm systems shall have permanently installed ® 0 0
audible and visible(flashing)alarms.
9 F230 and 708 Two-Way Communication Systems Where a two-way 0 ® 0
Communication system Is provided to grain admittance to a building or facility or to
restricted areas within a building or facility,the system shall provide both audible and
visual signals. A light can be used to indicate visually that assistance is on the way.
Signs indicating the meaning of visual signets should be provided. Handsel cords,if
provided,shall be 29 inches(735 mm)long minimum.
ELEMENT 9—DRINKING FOUNTAINS(ADA 211;ABA F211;ABAAS 305.3,306.2,306.3,309,602.2,602.4,602.6)
Individuals using wheelchairs need drinking fountains mounted low so they can reach the spout. They need to be able to pull up under the fountain or along its side. Persons who
have difficulty using their hands need controls that can be easily operated.
1 F211.2 Minimum Number and 602.2 Clear Floor Space Where drinking ® 0 0
fountains are provided on an accessible exterior site,on a floor or within a secured
area,no fewer than two drinking fountains shall be provided. (NOTE: A high/low
combination drinking fountain may be used to meet this requirement. The object is to
provide a low water outlet for wheelchair users and a high water outlet for those
individuals who experience problems in bending.) Units shall have a clear floor or
ground space measuring 30 inches(760 mm)minimum by 48 inches(1220 mm)
minimum and positioned for a forward approach and centered on the unit. Knee
clearance space under the fountain shall be between 9 inches(230 mm)and 27 inches
(685 mm)above the finish floor or ground. Knee clearance shall extend 25 inches(635
mm)maximum under an element at 9 inches(230 mm)above the finish floor or ground.
Where knee clearance is required under an element as pert of a dear floor space,the
knee clearance shall be 11 inches(280 mm)deep minimum at 9 inches(230 mm)
above the finish floor or ground,and 8 inches(205 mm)deep minimum at 27 inches
(685 mm)above the finish floor or ground.
2 602.3 Operable Parts,602.4 Spout Height,602.5 Spout Location,and ® 0 0
602.6 Water Flow Operable parts snall be operable with one hand and shall not
require tight grasping,pinching,or twisting of the worst Spout outlets shall be 36 inches
(915 mm)maximum above the finish floor or ground. The spout shall be located 15
inches(380 mm)minimum from the vertical support and 5 inches(125 mm)maximum
from the front edge of the unit,including bumpers. The spout shall provide a flow of
water 4 inches(100 mm)high minimum and shall be located 5 inches(125 mm)
maximum from the front of the unit Where a single drinking fountain(such as a'hi-lo
unit-)complies with items 1 and 2,it shall be permitted to be substituted for two
separate drinking fountains.
3 602.7 Drinking Fountains for Standing Persons Where more than the ® C]
minimum number of drinking fountains are provided,50 percent of the total number of
drinking fountains shall comply with items 1 and 2 above. For the other 50 percent
spout outlets of drinking fountains for standing persons shall be 38 inches(965 mm)
minimum and 43 inches(1090 mm)maximum above the finish floor or ground.
4 306.3 Knee Clearance Knee clearance space under an element shall be between 9 0 0
inches(230 mm)and 27 inches(685 mm)above the finish floor or ground. Where knee
clearance is required under an element as part of a clear floor space,the knee
clearance shall be 11 inches(280 mm)deep minimum at 9 inches(230 mm)above the
finish floor or ground,and 8 inches(205 mm)deep minimum at 27 inches(685 mm)
above the finish floor or ground.
ELEMENT 10—ASSEMBLY,MEETING AND CONFERENCE AREAS(ADA 221; ABA F206,F219, F221;ABAAS 802)
People using wheelchairs need a level area from which they can view the performance area. For a conference room,space for a wheelchair to maneuver into the room and to the
table and space at the conference table would be provided. Both the seating area and the performance area must be on an accessible route. Persons with hearing impairments
need an auxiliary listening system.
1 F221.2.1.1 Number of Wheelchair Spaces In Assembly Areas Wheelchair 0 0
spaces shall comply as follows:
Minimum Number of
Number of Seats Required Wheelchair Spaces
4to25 1
26to50 2
51 to 150 4
151 to 300 5
301 to 500 6
2 F221.2 Wheelchair Spaces and 802 Wheelchair Spaces,Companion 0 0
23
Seats,and Designated Aisle Seats The floor or ground surface of wheelchair
spaces shall be stable,firm,and slip resistant Changes in level are not permitted.
Slopes not steeper than 1:48 shall be permitted.
EXHIBIT B INITIALS: GOViLESSOR
AD-2056(12-03-09)(Building/Site Accessibility Compliance Checklist) Page 9 of 10
ELEMENT 10-ASSEMBLY,MEETING AND CONFERENCE AREAS(Continued)
(ADA 221;ABA F206,F219,F221;ABAAS 802)
3 802.1.4 Approach and 802.1.5 Overlap Wheelchair spaces shall adjoin ❑ 0 ® l
accessible routes. Accessible routes shall not overlap wheelchair spaces. Because
accessible routes serving wheelchair spaces are not permitted to overlap the clear floor
space at wheelchair spaces,access to any wheelchair space cannot be through another
wheelchair space. Wheelchair spaces shall not overlap circulation paths. The term
'circulation paths'means aisle width required by applicable building or life safety codes
for the specific assembly occupancy. Where the circulation path provided is wider than
the required aisle width,the wheelchair space may intrude into that portion of the
circulation path that is provided in excess of the required aisle width.
4 802.2 Lines of Sight Persons in wheelchair spaces shall be afforded lines of sight to 1=1 0
a screen,performance area,or playing field over the heads or between the shoulders of
seated or standing spectators in front of wheelchair spaces.
5 802.3 Companion Seats and 802.4 Designated Aisle Seats in row seabng, 0 0
companion seats shall be located to provide shoulder alignment with adjacent
wheelchair spaces. The shoulder alignment point of the wheelchair space shall be
measured 36 inches(915 mm)from the front of the wheelchair space. The floor surface
of the companion seat shall be at the same elevation as the floor surface of the
wheelchair space. Companion seats shall be equivalent in size,quality,comfort,and
amenities to the seating in the immediate area. Companion seats shall be permitted to
be movable. Where armrests are provided on the seating in the immediate area,folding
or retractable armrests shad be provided on the aisle side of the seat. Each designated
aisle seat shall be identified by a sign or marker.
6 F206.2.6 Performance Areas Where a circulation path directly connects a 0 0
El
performance area to an assembly seating area,an accessible route shall directly
connect the assembly seating area with the performance area.
7 F219 Assistive Listening Systems If audio amplification is provided in the 0 0 El
assembly area,assistive listening systems(volume controls,wireless headphones,
infrared,etc.)shall be provided in each assembly area where audible communication is
integral to the use of the space. Twenty-five percent minimum of receivers provided,
but no fewer than two,shall be hearing-aid compatible. Where a building contains more
than one assembly area and the assembly areas required to provide assistive listening
systems are under one management,the total number of required receivers shall be
permitted to be calculated according to the total number of seats in the assembly areas
in the building provided that all receivers are usable with all systems. Where all seats in
en assembly area are served by an induction loop assistive listening system,the
minimum number of receivers required to be hearing-aid compatible shall not be
required to be provided.
ELEMENT 11 -BREAK ROOMS,PICNIC AREAS,SEATING,TABLES, DINING AND WORK AREAS
(ABA F202.6.5.7,F225,F226;ABAAS 302,305,306, 309,811,902)
People using wheelchairs need access into the break room and space to pull up to a table. Typical tables provide an accessible height surface. People using wheelchairs need
picnic tables with one end extended or with a portion of a bench removed so that the table legs or benches do not prohibit access. Picnic tables need to be on an accessible route
and located on a firrn,level surface. Persons using wheelchairs need seating with flat.clear floor space in front of tables,counters,and work areas,as wet as sufficient knee
clearance.
1 F226 Dining and Work Surfaces,302 Floor or Ground Surfaces,305 ® 0 0
Clear Floor or Ground Space Where dining surfaces are provided for the
consumption of food or drink,at least 5 percent of the seating or standing spaces at the
dining surfaces shall provide for a clear floor or ground space of 30 inches(760 mm)
minimum by 48 inches(1220 mm)minimum.with a forward positioned approach. Floor
and ground surfaces shall be stable,firm,and slip resistant This also applies to work
surfaces. Five percent,but not less than one,of permanently installed work surfaces
used by employees in each work area must be accessible.
2 306.3 Knee Clearance Knee clearance space under an element shall be between 9 ® 0 0
inches(230 mm)and 27 inches(685 mm)above the finish floor or ground Where knee
clearance is required under an element as part of a clear floor space,the knee
clearance shall be 11 inches(280 mm)deep minimum at 9 inches(230 mm)above the
finish floor or ground,and 8 inches(205 mm)deep minimum at 27 inches(685 mm)
above the finish floor or ground.
3 902.3 Height The foist of dining or work surfaces shall be 28 inches(710 mm) ® 0 - 0
minimum and 34 inches(865 mm)maximum above the finish floor or ground.
4 F202.6.5.7 Depositories,Vending Machines,Change Machines,and Mail 0 0
Boxes Where provided,at least one of each type of depository, vending or change
machine shall comply with guidelines under 309 Operable Parts. Where mail boxes
are provided in an interior location,at least 5 percent,but no fewer than one shall
comply with 309.
5 F225 Storage Facilities Where storage is provided in accessible spaces,at least 0 ® 0
one of each type shad follow accessibility guidelines. Types of storage include,but are
not limited to,closets,cabinets,shelves,clothes rods,hooks,and drawers. Peter b 1
811 Storage fur detailed specifications.
5. APPROVALS
a. PRINTED NAME OF INDMDDAL b. TiTLE _ C. SIGNATURE d. DATE
1
2
3
EXHIBIT B INITIAL S- C..QVT I FRSnR
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EXHIBIT C
SECURITY REQUIREMENTS- FACILITY SECURITY LEVEL I
THESE PARAGRAPHS CONTAIN SECURITY REQUIREMENTS, AND, UNLESS INDICATED OTHERWISE,
ARE TO BE PRICED AS PART OF THE BUILDING SHELL. WHERE THEY ARE IN CONFLICT WITH ANY
OTHER REQUIREMENTS ON THIS LEASE,THE STRICTEST SHALL APPLY.
DEFINITIONS:
CRITICAL AREAS - The areas that house systems that if damaged or compromised could have significant
adverse consequences for the facility, operation of the facility, or mission of the agency or its occupants and
visitors. These areas may also be referred to as "limited access areas," "restricted areas," or "exclusionary
zones." Critical areas do not necessarily have to be within Government-controlled space (e.g., generators, air
handlers, electrical feeds which could be located outside Government-controlled space).
SENSITIVE AREAS — Sensitive areas include vaults, Sensitive Compartmented Information Facilities (SCIFs),
evidence rooms, war rooms, and sensitive documents areas. Sensitive areas are primarily housed within
Government-controlled space.
FACILITY ENTRANCES, LOBBY, COMMON AREAS, NON-PUBLIC,AND UTILITY AREAS.
FACILITY ENTRANCES AND LOBBY
EMPLOYEE ACCESS CONTROL AT ENTRANCES(SHELL)
The Lessor shall provide key or electronic access control for the entrance to this building. All Government
employees, under this lease, shall be allowed access to the leased space(including after-hours access).
COMMON AREAS, NON-PUBLIC, AND UTILITY AREAS.
PUBLIC RESTROOM ACCESS
The Government reserves the right to control access to public restrooms located within the Space.
SECURING CRITICAL AREAS
The Lessor shall secure areas designated as Critical Areas to restrict access:
A Keyed locks, keycards, or similar security measures shall strictly control access to mechanical areas.
Additional controls for access to keys, keycards, and key codes shall be strictly maintained. The Lessor shall
develop and maintain accurate HVAC plans and HVAC system labeling within mechanical areas.
B Roofs with HVAC systems shall also be secured. Fencing or other barriers may be required to restrict access
from adjacent roofs based on a Government Building Security Assessment. Roof access shall be strictly
controlled through keyed locks, keycards, or similar measures. Fire and life safety egress shall be carefully
reviewed when restricting roof access.
C. At a minimum, Lessor shall secure building mechanical and janitorial areas including sprinkler rooms,
electrical closets, telecommunications rooms and janitor closets.
VISITOR ACCESS CONTROL
Entrances are open to the public during business hours. After hours, visitor entrances are secured, and have a
means to verify the identity of persons requesting access prior to allowing entry into the Space.
Security Requirements (Level I) (REV 4/10/13) Page 1 InitialsLESSOR GOV'T
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EXHIBIT C 3
INTERIOR(GOVERNMENT SPACE)
DESIGNATED ENTRANCES
The Government shall have a designated main entrance.
IDENTITY VERIFICATION
The Government reserves the right to verify the identity of persons requesting access to the Space prior to
allowing entry.
FORMAL KEY CONTROL PROGRAM
The Government reserves the right to implement a formal key control program. The lessor shall have a means of
allowing the electronic disabling of lost or stolen access media, if electronic media is used.
SITES
SIGNAGE
POSTING OF SIGNAGE IDENTIFYING THE SPACE AS GOVERNMENTAL
The Lessor shall not post sign(s) or otherwise identify the facility and parking areas as a Government, or specific
Government tenant, occupied facility, including during construction, without written Government approval.
POSTING OF REGULATORY SIGNAGE
The Government may post or request the Lessor to post regulatory, statutory and site specific signage at the
direction of the Government.
LANDSCAPING
LANDSCAPING REQUIREMENTS
Lessor shall maintain landscaping (trees, bushes, hedges, land contour, etc,) around the facility. Landscaping
shall be neatly trimmed in order to minimize the opportunity for concealment of individuals and
packages/containers. Landscaping shall not obstruct the views of security guards and CCTV cameras, or interfere
with lighting or IDS equipment.
CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN
The Lessor shall separate from public access, restricted areas as designated by the Government, through the
application of Crime Prevention Through Environmental Design (CPTED) principles by using trees, hedges,
berms, or a combination of these or similar features, and by fences, walls, gates and other barriers, where
feasible and acceptable to the Government.
SECURITY SYSTEMS
No requirements
STRUCTURE
Lessor shall provide written emergency shutdown procedures for air handlers.
Security Requirements (Level I) (REV 4/10/13) Page 2 InitialsSSOR GOV'T
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EXHIBIT C ' t
OPERATIONS AND ADMINISTRATION
LESSOR TO WORK WITH FACILITY SECURITY COMMITTEE(FSC)
The Lessor shall cooperate and work with the buildings Facility Security Committee (FSC) throughout the term of
the lease.
ACCESS TO BUILDING INFORMATION
Building Information—including mechanical, electrical, vertical transport, fire and life safety, security system plans
and schematics, computer automation systems, and emergency operations procedures—shall be strictly
controlled. Such information shall be released to authorized personnel only, approved by the Government, by the
development of an access list and controlled copy numbering. The Contracting Officer may direct that the names
and locations of Government tenants not be disclosed in any publicly accessed document or record. If that is the
case, the Government may request that such information not be posted in the building directory.
Lessor shall have emergency plans and associated documents readily available in the event of an emergency.
Security Requirements (Level I) (REV 4/10/13) Page 3 Initials: LESSOR GOV'T
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EXHIBIT E
GENERAL CLAUSES
(Acquisition of Leasehold Interests in Real Property)
CATEGORY CLAUSE NO. 48 CFR REF. CLAUSE TITLE
GENERAL 1 SUBLETTING AND ASSIGNMENT
2 552.270-11 SUCCESSORS BOUND
3 552.270-23 SUBORDINATION, NON-DISTURBANCE AND
ATTORNMENT
4 552.270-24 STATEMENT OF LEASE
5 552.270-25 SUBSTITUTION OF TENANT AGENCY
6 552.270-26 NO WAIVER
7 INTEGRATED AGREEMENT
8 552.270-28 MUTUALITY OF OBLIGATION
PERFORMANCE 9 DELIVERY AND CONDITION
10 DEFAULT BY LESSOR
11 552.270-19 PROGRESSIVE OCCUPANCY
12 MAINTENANCE OF THE PROPERTY, RIGHT TO
INSPECT
13 FIRE AND CASUALTY DAMAGE
14 COMPLIANCE WITH APPLICABLE LAW
15 552.270-12 ALTERATIONS
16 ACCEPTANCE OF SPACE AND CERTIFICATE OF
OCCUPANCY
PAYMENT 17 52.204-7 SYSTEM FOR AWARD MANAGEMENT
18 52.204-13 SYSTEM FOR AWARD MANAGEMENT
MAINTENANCE
19 552.270-31 PROMPT PAYMENT
20 552.232-23 ASSIGNMENT OF CLAIMS
21 552.270-20 PAYMENT
22 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—
SYSTEM FOR AWARD MANAGEMENT
STANDARDS OF CONDUCT 23 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND
CONDUCT
24 552.270-32 COVENANT AGAINST CONTINGENT FEES
25 52-203-7 ANTI-KICKBACK PROCEDURES
26 52-223-6 DRUG-FREE WORKPLACE
27 52.203-14 DISPLAY OF HOTLINE POSTER(S)
ADJUSTMENTS 28 552.270-30 PRICE ADJUSTMENT FOR ILLEGAL OR
IMPROPER ACTIVITY
29 52-215-10 PRICE REDUCTION FOR DEFECTIVE COST OR
PRICING DATA
30 552.270-13 PROPOSALS FOR ADJUSTMENT
31 CHANGES
AUDITS 32 552.215-70 EXAMINATION OF RECORDS BY GSA
33 52.215-2 AUDIT AND RECORDS—NEGOTIATION
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EXHIBIT E
DISPUTES 34 52.233-1 DISPUTES
LABOR STANDARDS 35 52.222-26 EQUAL OPPORTUNITY
36 52.222-21 PROHIBITION OF SEGREGATED FACILITIES
37 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM
REREPRESENTATION
38 52.222-35 EQUAL OPPORTUNITY FOR VETERANS
39 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH
DISABILITIES
40 52.222-37 EMPLOYMENT REPORTS VETERANS
SUBCONTRACTING 41 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST
WHEN SUBCONTRACTING WITH CONTRACTORS
DEBARRED, SUSPENDED, OR PROPOSED FOR
DEBARMENT
42 52.215-12 SUBCONTRACTOR CERTIFIED COST OR
PRICING DATA
43 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS
44 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN
45 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING
PLAN
46 52.204-10 REPORTING EXECUTIVE COMPENSATION AND
FIRST-TIER SUBCONTRACT AWARDS
The information collection requirements contained in this solicitation/contract that are not required by regulation
have been approved by the Office of Management and Budget(OMB) pursuant to the Paperwork Reduction Act
and assigned the OMB Control No. 3090-0163.
4 I
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EXHIBIT E > 6,
GENERAL CLAUSES
(Acquisition of Leasehold Interests in Real Property)
1. SUBLETTING AND ASSIGNMENT(JAN 2011)
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 subletting or assignment shall be subject to prior written consent of Lessor,
which shall not be unreasonably withheld.
2. 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.
3. 552.270-23 SUBORDINATION, NON-DISTURBANCE 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 non-disturbance 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.
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EXHIBIT E "g`'{ 4,. L
4. 552.270-24 STATEMENT OF LEASE (SEP 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 pre-purchase and pre-commitment
inspection of the Premises and Building and by inquiry to appropriate Federal, State and local Government
officials.
5. 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
Government agency or agencies, if any, named in the lease.
6. 552.270-26 NO WAIVER (SEP 1999)
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.
7. INTEGRATED AGREEMENT (JUN 2012)
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. Except as expressly attached to
and made a part of the Lease, neither the Request for Lease Proposals nor any pre-award communications by
either party shall be incorporated in the Lease.
8. 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.
9. DELIVERY AND CONDITION (JAN 2011)
(a) Unless the Government elects to have the space occupied in increments, the space must be
delivered ready for occupancy as a complete unit.
INITIALS: &
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EXHIBIT E �f
(b) The Government may elect to accept the Space notwithstanding the Lessor's failure to deliver the
Space substantially complete; if the Government so elects, it may reduce the rent payments.
10. DEFAULT BY LESSOR(APR 2012)
(a) The following conditions shall constitute default by the Lessor, and shall give rise to the following
rights and remedies for the Government:
(1) Prior to Acceptance of the Premises. Failure by the Lessor to diligently perform all
obligations required for Acceptance of the Space within the times specified, without excuse, shall constitute a
default by the Lessor. Subject to provision of notice of default to the Lessor, and provision of a reasonable
opportunity for the Lessor to cure its default, the Government may terminate the Lease on account of the Lessor's
default.
(2) After Acceptance of the Premises. Failure by the Lessor to perform any service, to provide
any item, or satisfy any requirement of this Lease, without excuse, shall constitute a default by the Lessor.
Subject to provision of notice of default to the Lessor, and provision of a reasonable opportunity for the Lessor to
cure its default, the Government may perform the service, provide the item, or obtain satisfaction of the
requirement by its own employees or contractors. If the Government elects to take such action, the Government
may deduct from rental payments its costs incurred in connection with taking the action. Alternatively, the
Government may reduce the rent by an amount reasonably calculated to approximate the cost or value of the
service not performed, item not provided, or requirement not satisfied, such reduction effective as of the date of
the commencement of the default condition.
(3) Grounds for Termination. The Government may terminate the Lease if:
(i) The Lessor's default persists notwithstanding provision of notice and reasonable
opportunity to cure by the Government, or
(ii) The Lessor fails to take such actions as are necessary to prevent the recurrence of
default conditions,
and such conditions (i) or(ii) substantially impair the safe and healthful occupancy of the Premises, or render the
Space unusable for its intended purposes,
(4) Excuse. Failure by the Lessor to timely deliver the Space or perform any service, provide
any item, or satisfy any requirement of this Lease shall not be excused if its failure in performance arises from:
(i) Circumstances within the Lessor's control;
(ii) Circumstances about which the Lessor had actual or constructive knowledge prior to
the Lease Award Date that could reasonably be expected to affect the Lessor's capability
to perform, regardless of the Government's knowledge of such matters;
(iii) The condition of the Property;
(iv) The acts or omissions of the Lessor, its employees, agents or contractors; or
(v) The Lessor's inability to obtain sufficient financial resources to perform its
obligations.
(5) The rights and remedies specified in this clause are in addition to any and all remedies to
which the Government may be entitled as a matter of law.
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11. 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 rata
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.
12. MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT(APR 2015)
The Lessor shall maintain the Property, including the building, building systems, and all equipment, fixtures, and
appurtenances furnished by the Lessor under this Lease, in good repair and tenantable 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. Upon request of the Lease Contracting
Officer (LCO), the Lessor shall provide written documentation that building systems have been properly
maintained, tested, and are operational within manufacturer's warranted operating standards. The Lessor shall
maintain the Premises in a safe and healthful condition according to applicable OSHA standards and all other
requirements of this Lease, including standards governing indoor air quality, existence of mold and other
biological hazards, presence of hazardous materials, etc. The Government shall have the right, at any time after
the Lease Award Date and during the term of the Lease, to inspect all areas of the Property to which access is
necessary for the purpose of determining the Lessor's compliance with this clause.
13. FIRE AND CASUALTY DAMAGE (MAR 2013)
If the building in which the Premises are located is totally destroyed or damaged by fire or other casualty, this
Lease shall immediately terminate. If the building in which the Premises are located are only partially destroyed
or damaged, so as to render the Premises untenantable, or not usable for their intended purpose, the Lessor shall
have the option to elect to repair and restore the Premises or terminate the Lease. The Lessor shall be permitted
a reasonable amount of time, not to exceed 270 days from the event of destruction or damage, to repair or
restore the Premises, provided that the Lessor submits to the Government a reasonable schedule for repair of the
Premises within 60 days of the event of destruction or damage. If the Lessor fails to timely submit a reasonable
schedule for completing the work, the Government may elect to terminate the Lease effective as of the date of the
event of destruction or damage. If the Lessor elects to repair or restore the Premises, but fails to repair or restore
the Premises within 270 days from the event of destruction or damage, or fails to diligently pursue such repairs or
restoration so as to render timely completion commercially impracticable. the Government may terminate the
Lease effective as of the date of the destruction or damage. During the time that the Premises are unoccupied,
rent shall be abated. Termination of the Lease by either party under this clause shall not give rise to liability for
either party.
This clause shall not apply if the event of destruction or damage is caused by the Lessor's negligence or willful
misconduct.
14. COMPLIANCE WITH APPLICABLE LAW(JAN 2011)
Lessor shall comply with all Federal, state and local laws applicable to its ownership and leasing of the Property,
including, without limitation, laws applicable to the construction. ownership. alteration or operation of all buildings,
structures, and facilities located thereon, and obtain all necessary permits, licenses and similar items at its own
expense. The Government will comply with all Federal, State and local laws applicable to and enforceable against
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it as a tenant under this lease, provided that nothing in this Lease shall be construed as a waiver of the sovereign
immunity of the Government. This Lease shall be governed by Federal law.
15. 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.
16. ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY(APR 2015)
(a) Ten (10) working days prior to the completion of the Space, the Lessor shall issue written notice
to the Government to schedule the inspection of the Space for acceptance. The Government shall accept the
Space only if the construction of building shell and Tls conforming to this Lease and the approved DIDs is
substantially complete, and a Certificate of Occupancy has been issued as set forth below.
(b) The Space shall be considered substantially complete only if the Space may be used for its
intended purpose and completion of remaining work will not unreasonably interfere with the Government's
enjoyment of the Space. Acceptance shall be final and binding upon the Government with respect to
conformance of the completed Tls to the approved DIDs, with the exception of items identified on a punchlist
generated as a result of the inspection, concealed conditions, latent defects, or fraud, but shall not relieve the
Lessor of any other Lease requirements.
(c) The Lessor shall provide a valid Certificate of Occupancy, issued by the local jurisdiction, for the
intended use of the Government. If the local jurisdiction does not issue Certificates of Occupancy or if the
Certificate of Occupancy is not available, the Lessor may satisfy this condition by providing a report prepared by a
licensed fire protection engineer that indicates that the Space and Building are compliant with all applicable local
codes and ordinances and all fire protection and life safety-related requirements of this Lease to ensure an
acceptable level of safety is provided. Under such circumstances, the Government shall only accept the Space
without a Certificate of Occupancy if a licensed fire protection engineer determines that the offered space is
compliant with all applicable local codes and ordinances and fire protection and life safety-related requirements of
this Lease.
17. 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)
(a) Definitions. As used in this provision—
"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and
Bradstreet, Inc. (D&B)to identify unique business entities.
"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B
plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character
suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional
System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see
the FAR at Subpart 32.11)for the same concern.
"Registered in the System for Award Management (SAM) database" means that—
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(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4
number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding
Accountability and Transparency Act of 2006(see Subpart 4.14) into the SAM database;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and
Points of Contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer
Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide
consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record"Active".
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee
shall be registered in the SAM database prior to award, during performance, and through final payment of any
contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this
solicitation.
(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the
annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name
and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that
the offeror is registered in the SAM database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to
obtain one.
(1) An offeror may obtain a DUNS number—
(i) Via the Internet at http://fedqov.dnb.com/webform or if the offeror does not have internet access, it may
call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should
indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) Company legal business.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company Physical Street Address, City, State, and ZIP Code.
(iv) Company Mailing Address, City, State and ZIP Code(if separate from physical).
(v) Company Telephone Number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business(industry).
(x) Company Headquarters name and address(reporting relationship within your entity).
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(d) If the Offeror does not become registered in the SAM database in the time prescribed by the
Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered
Offeror,
(e) Processing time, which normally takes 48 hours, should be taken into consideration when
registering. Offerors who are not registered should consider applying for registration immediately upon receipt of
this solicitation.
(f) Offerors may obtain information on registration at https:/lwww.acquisition.gov.
18. 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)
(a) Definitions. As used in this clause—
"Data Universal Numbering System (DUNS) number"means the 9-digit number assigned by Dun and
Bradstreet, Inc. (D&B)to identify unique business entities, which is used as the identification number for Federal
contractors.
"Data Universal Numbering System+4(DUNS+4) number"means the DUNS number assigned by D&B plus a
4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character
suffix.)This 4-character suffix may be assigned at the discretion of the business concern to establish additional
SAM records for identifying alternative Electronic Funds Transfer(EFT)accounts (see the FAR at subpart 32.11)
for the same concern.
"Registered in the System for Award Management(SAM)database" means that—
(1)The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4
number,the Contractor and Government Entity(CAGE) code, as well as data required by the Federal Funding
Accountability and Transparency Act of 2006(see Subpart 4.14), into the SAM database;
(2)The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of
Contact sections of the registration in the SAM database;
(3)The Government has validated all mandatory data fields, to include validation of the Taxpayer
Identification Number(TIN)with the Internal Revenue Service (IRS). The Contractor will be required to provide
consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record"Active".
"System for Award Management(SAM)"means the primary Government repository for prospective Federal
awardee and Federal awardee information and the centralized Government system for certain contracting, grants,
and other assistance-related processes. It includes—
(1) Data collected from prospective Federal awardees required for the conduct of business with the
Government;
(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR
Subpart 4.14; and
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(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and
certain types of Federal financial and non-financial assistance and benefits.
(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and
for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in
the SAM database after the initial registration, the Contractor is required to review and update on an annual basis.
from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is
current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this
contract and is not a substitute for a properly executed contractual document.
(c) (1) (i) If a Contractor has legally changed its business name, doing business as name, or division name
(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not
completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the
Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification
of its intention to—
(A) Change the name in the SAM database;
(B)Comply with the requirements of subpart 42.12 of the FAR; and
(C)Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.
The Contractor shall provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i)of this clause, or fails to
perform the agreement at paragraph(c)(1)(i)(C) of this clause, and, in the absence of a properly executed
novation or change-of-name agreement,the SAM information that shows the Contractor to be other than the
Contractor indicated in the contract will be considered to be incorrect information within the meaning of the
"Suspension of Payment" paragraph of the electronic funds transfer(EFT) clause of this contract.
(2)The Contractor shall not change the name or address for EFT payments or manual payments, as
appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart
32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the
Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other
than that Contractor will be considered to be incorrect information within the meaning of the"Suspension of
Payment"paragraph of the EFT clause of this contract.
(3)The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the
life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer
within 30 days after the change, so an appropriate modification can be issued to update the data on the contract.
A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may
be contacted
(i)Via the internet at httpl/fedqov.dnb.com/webform or if the contractor does not have internet access, it
may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.
(d) Contractors may obtain additional information on registration and annual confirmation requirements at
https://www.acquisition.gov.
19. 552.270-31 PROMPT PAYMENT (JUN 2011)
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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—
(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.
(ii) 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.
(ii) Invoice date.
(iii) Lease number.
(iv) 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 seven 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 seven day inspection period. If the work or service is rejected for failure to conform to
the technical requirements of the contract, the seven 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.
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(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 one 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.
(d) Overpayments. If the Lessor becomes aware of a duplicate payment or that the Government has
otherwise overpaid on a payment. the Contractor shall—
(1) Return the overpayment amount to the payment office cited in the contract along with a
description of the overpayment including the—
(i) Circumstances of the overpayment(e.g., duplicate payment, erroneous payment,
liquidation errors, date(s)of overpayment);
(ii)Affected lease number; (iii)Affected lease line item or sub-line item, if applicable; and
(iii) Lessor point of contact.
(2) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
20. 552.232-23 ASSIGNMENT OF CLAIMS (SEP 1999)
(Applicable to leases over$3,000.)
In order to prevent confusion and delay in making payment,the Contractor shall not assign any claim(s)for
amounts due or to become due under this contract. However, the Contractor is permitted to assign separately to a
bank, trust company, or other financial institution, including any Federal lending agency, under the provisions of
the Assignment of Claims Act, as amended. 31 U.S.C. 3727, 41 U.S.C. 15 (hereinafter referred to as"the Act"), all
amounts due or to become due under any order amounting to$1,000 or more issued by any Government agency
under this contract.Any such assignment takes effect only if and when the assignee files written notice of the
assignment together with a true copy of the instrument of assignment with the contracting officer issuing the order
and the finance office designated in the order to make payment. Unless otherwise stated in the order, payments
to an assignee of any amounts due or to become due under any order assigned may, to the extent specified in
the Act, be subject to reduction or set-off.
21. 552.270-20 PAYMENT(MAY 2011)
(a) When space is offered and accepted, the amount of American National Standards
Institute/Building Owners and Managers Association Office Area (ABOA) square footage delivered will be
confirmed by:
G4.---if-
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(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 ABOA square footage
stated in the lease.
(c) If it is determined that the amount of ABOA square footage actually delivered is less than the
amount agreed to in the lease, the lease will be modified to reflect the amount of ABOA space delivered and the
annual rental will be adjusted as follows:
ABOA square feet not delivered multiplied by one plus the common area factor(CAF), multiplied
by the rate per rentable square foot(RSF). That is: (1+CAF) x Rate per RSF = Reduction in Annual Rent
22. 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD
MANAGEMENT (JUL 2013)
(a) Method of payment.
(1) All payments by the Government under this contract shall be made by electronic funds transfer
(EFT), except as provided in paragraph (a)(2)of this clause. As used in this clause, the term"EFT" refers to the
funds transfer and may also include the payment information transfer.
(2) In the event the Government is unable to release one or more payments by EFT, the Contractor
agrees to either—
(i) Accept payment by check or some other mutually agreeable method of payment; or
(ii) Request the Government to extend the payment due date until such time as the
Government can make payment by EFT (but see paragraph (d) of this clause).
(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT
information contained in the System for Award Management(SAM) database. In the event that the EFT
information changes, the Contractor shall be responsible for providing the updated information to the SAM
database.
(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated
Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the
Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR
Part 210.
(d) Suspension of payment. If the Contractor's EFT information in the SAM database is incorrect, then the
Government need not make payment to the Contractor under this contract until correct EFT information is entered
into the SAM database; and any invoice or contract financing request shall be deemed not to be a proper invoice
for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding
notice of an improper invoice and delays in accrual of interest penalties apply.
(e) Liability for uncompleted or erroneous transfers.
(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's
EFT information incorrectly, the Government remains responsible for—
(i) Making a correct payment;
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(ii) Paying any prompt payment penalty due; and
(iii) Recovering any erroneously directed funds.
(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was
incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the
Federal Reserve System, and—
(i) If the funds are no longer under the control of the payment office,the Government is deemed
to have made payment and the Contractor is responsible for recovery of any erroneously directed funds;
or
(ii) If the funds remain under the control of the payment office, the Government shall not make
payment, and the provisions of paragraph (d)of this clause shall apply.
(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in
accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released
to the Federal Reserve System,the date specified for settlement of the payment is on or before the prompt
payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve
System.
(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided
for in the assignment of claims terms of this contract,the Contractor shall require as a condition of any such
assignment, that the assignee shall register separately in the SAM database and shall be paid by EFT in
accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an
ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of
claims pursuant to Subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the
assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other
than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect
EFT information within the meaning of paragraph (d)of this clause.
(h) Liability for change of EFT information by financial agent. The Government is not liable for errors
resulting from changes to EFT information made by the Contractor's financial agent.
(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment
information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve
System. The Government may request the Contractor to designate a desired format and method(s)for delivery of
payment information from a list of formats and methods the payment office is capable of executing. However, the
Government does not guarantee that any particular format or method of delivery is available at any particular
payment office and retains the latitude to use the format and delivery method most convenient to the Government.
If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government
shall mail the payment information to the remittance address contained in the SAM database.
23. 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT(APR 2010)
(Applicable to leases over$5 million and performance period is 120 days or more.)
(a) Definitions. As used in this clause—
"Agent” means any individual, including a director, an officer, an employee, or an independent Contractor,
authorized to act on behalf of the organization.
"Full cooperation"—
(1) Means disclosure to the Government of the information sufficient for law enforcement to
identify the nature and extent of the offense and the individuals responsible for the conduct. It includes
providing timely and complete response to Government auditors' and investigators' request for
documents and access to employees with information;
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(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the
contract. It does not require—
(i) A Contractor to waive its attorney-client privilege or the protections afforded by the
attorney work product doctrine; or
(ii) Any officer, director, owner, or employee of the Contractor, including a sole
proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and
(3) Does not restrict a Contractor from—
(i) Conducting an internal investigation; or
(ii) Defending a proceeding or dispute arising under the contract or related to a potential
or disclosed violation.
"Principal" means an officer, director, owner, partner, or a person having primary management or
supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or
business segment; and similar positions).
"Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for
performance of a prime contract or a subcontract.
"Subcontractor" means any supplier, distributor, vendor, or firm that furnished supplies or services to or
for a prime contractor or another subcontractor.
"United States," means the 50 States, the District of Columbia, and outlying areas.
(b) Code of business ethics and conduct.
(1) Within 30 days after contract award, unless the Contracting Officer establishes a longer
time period, the Contractor shall—
(i) Have a written code of business ethics and conduct; and
(ii) Make a copy of the code available to each employee engaged in performance of the
contract.
(2) The Contractor shall—
(i) Exercise due diligence to prevent and detect criminal conduct; and
(ii) Otherwise promote an organizational culture that encourages ethical conduct and a
commitment to compliance with the law.
(3) (i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector
General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or
closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal,
employee, agent, or subcontractor of the Contractor has committed—
(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery,
or gratuity violations found in Title 18 of the United States Code; or
(B) A violation of the civil False Claims Act(31 U.S.C. 3729-3733).
(ii) The Government, to the extent permitted by law and regulation, will safeguard and
treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been
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marked "confidential" or "proprietary" by the company. To the extent permitted by law and regulation, such
information will not be released by the Government to the public pursuant to a Freedom of Information Act
request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer
documents provided by the Contractor to any department or agency within the Executive Branch if the information
relates to matters within the organization's jurisdiction.
(iii) If the violation relates to an order against a Governmentwide acquisition contract, a
multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other
procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering
agency and the IG of the agency responsible for the basic contract.
(c) Business ethics awareness and compliance program and internal control system. This paragraph
(c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of
this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor
shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a
longer time period:
(1) An ongoing business ethics awareness and compliance program.
(i) This program shall include reasonable steps to communicate periodically and in a practical
manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics
awareness and compliance program and internal control system, by conducting effective training programs and
otherwise disseminating information appropriate to an individual's respective roles and responsibilities.
(ii) The training conducted under this program shall be provided to the Contractor's principals
and employees, and as appropriate, the Contractor's agents and subcontractors.
(2) An internal control system.
(i) The Contractors internal control system shall—
(A) Establish standards and procedures to facilitate timely discovery of improper
conduct in connection with Government contracts; and
(B) Ensure corrective measures are promptly instituted and carried out.
(ii) At a minimum, the Contractor's internal control system shall provide for the following:
(A) Assignment of responsibility at a sufficiently high level and adequate resources to
ensure effectiveness of the business ethics awareness and compliance program and internal control system.
(B) Reasonable efforts not to include an individual as a principal, whom due diligence
would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics
and conduct.
(C) Periodic reviews of company business practices, procedures, policies, and internal
controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of
Government contracting, including—
. Monitoring and auditing to detect criminal conduct;
• Periodic evaluation of the effectiveness of the business ethics awareness and
compliance program and internal control system, especially if criminal conduct has been detected; and
• Periodic assessment of the risk of criminal conduct. with appropriate steps to
design, implement, or modify the business ethics awareness and compliance program and the internal control
system as necessary to reduce the risk of criminal conduct identified through this process.
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(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or
confidentiality, by which employees may report suspected instances of improper conduct, and
instructions that encourage employees to make such reports.
(E) Disciplinary action for improper conduct or for failing to take reasonable steps to
prevent or detect improper conduct.
(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting
Officer, whenever, in connection with the award, performance, or closeout of any Government contract
performed by the Contractor or a subcontract thereunder, the Contractor has credible evidence that a
principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal
criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or
a violation of the civil False Claims Act(31 U.S.C. 3729-3733).
• If a violation relates to more than one Government contract, the Contractor
may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value
contract impacted by the violation.
• If the violation relates to an order against a Governmentwide acquisition
contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or
any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the
ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies'
contracting officers.
• The disclosure requirement for an individual contract continues until at least
3 years after final payment on the contract.
• The Government will safeguard such disclosures in accordance with
paragraph (b)(3)(ii)of this clause.
(G) Full cooperation with any Government agencies responsible for audits,
investigations, or corrective actions.
(d) Subcontracts.
(1) The Contractor shall include the substance of this clause, including this paragraph (d), in
subcontracts that have a value in excess of$5,000.000 and a performance period of more than 120 days.
(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the
civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector
General, with a copy to the Contracting Officer.
24. 552.270-32 COVENANT AGAINST CONTINGENT FEES(JUN 2011)
(Applicable to leases over$150,000 average net annual rental including option periods.)
(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.
•
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(1) 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. I
(2) 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.
(3) 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.
25. 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)
(Applicable to leases over$150,000 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 contractor 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 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) 41 U S.C. chapter 87, Kickbacks, 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.
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(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 Attorney General.
(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation
described in paragraph (b) of this clause.
(4)The Contracting Officer may(i)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 already offset those monies under subdivision(c)(4)(i) of this clause. In 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 paragraph (c)(5) but
excepting paragraph(c)(1), in all subcontracts under this contract which exceed$150,000.
26. 52.223-6 DRUG-FREE WORKPLACE(MAY 2001)
(Applicable to leases over$150,000 average net annual rental including option periods, as
well as to leases of any value awarded to an individual.)
(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 determine 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 where 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 the Contractor's workplace and
specifying the actions that will be taken against employees for violations of such prohibition;
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(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 paragraph (b)(1) of this clause:
(4) Notify such employees in writing in the statement required by paragraph (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
paragraphs (b)(1)through (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 or default, and suspension or debarment.
27. 52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)
(Applicable to leases over$5 Million and performance period is 120 days or more.)
(a) Definition.
"United States," as used in this clause, means the 50 States, the District of Columbia, and outlying areas.
(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)-
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(1) During contract performance in the United States, the Contractor shall prominently display in
common work areas within business segments performing work under this contract and at contract work sites—
(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline
poster identified in paragraph (b)(3) of this clause; and
(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.
(2) Additionally, if the Contractor maintains a company website as a method of providing information to
employees, the Contractor shall display an electronic version of the poster(s)at the website.
(3) Any required posters may be obtained as follows:
Poster(s) Obtain from
(Contracting Officer shall insert—
(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security
fraud hotline poster); and
(ii) The website(s)or other contact information for obtaining the poster(s).)
(c) If the Contractor has implemented a business ethics and conduct awareness program, including a
reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline
posters as required in paragraph (b) of this clause,other than any required DHS posters.
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph
(d), in all subcontracts that exceed $5,000,000, except when the subcontract—
(1) Is for the acquisition of a commercial item; or
(2) Is performed entirely outside the United States.
28. 552.270-30 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY(JUN 2011)
(Applicable to leases over$150,000 average net annual rental including option periods.)
(a) If the head of the contracting 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 five percent of the amount of the rental
for each month of the remaining term of the lease, including any option periods, and recover five
percent of the rental already paid;
(2) Reduce payments for alterations not included in monthly rental payments by five
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 thereof. The Lessor shall have a period
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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 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.
29. 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA(AUG 2011)
(Applicable when cost or pricing data are required for work or services over$700,000.)
(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 certified 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 certified 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 certified 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 certified cost or pricing data had been submitted.
(ii) The Contracting Officer should have known that the certified 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
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(B) The Contractor proves that the certified 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) Interest compounded daily, as required by 26 U.S.C. 6622, 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 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 certified cost or pricing data that were incomplete, inaccurate, or noncurrent.
30. 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 detail—
(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
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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.
31. CHANGES(MAR 2013)
(a) The LCO may at any time, by written order, direct changes to the Tenant Improvements within the
Space, Building Security Requirements, or the services required under the Lease.
(b) If any such change causes an increase or decrease in Lessor's costs or time required for
performance of its obligations under this Lease, whether or not changed by the order, the Lessor shall be entitled
to an amendment to the Lease providing for one or more of the following:
(1) An adjustment of the delivery date;
(2) An equitable adjustment in the rental rate;
(3) A lump sum equitable adjustment; or
(4) A change to the operating cost base, if applicable.
(c) The Lessor shall assert its right to an amendment 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, the pendency of an adjustment or existence of a dispute
shall not excuse the Lessor from proceeding with the change as directed.
(d) Absent a written change order from the LCO, or from a Government official to whom the LCO
has explicitly and in writing delegated the authority to direct changes, the Government shall not be liable to Lessor
under this clause.
32. 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 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.
33. 52.215-2 AUDIT AND RECORDS—NEGOTIATION (OCT 2010)
(Applicable to leases over$150,000 average net annual rental including option periods.)
(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 re-determinable 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
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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) Certified cost or pricing data. If the Contractor has been required to submit certified 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
certified 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 modification; 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 and to interview any current employee regarding such
transactions.
(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), (c), (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.
(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
re-determinable type or any combination of these;
(2) For which certified cost or pricing data are required: or
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(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.
34. 52.233-1 DISPUTES(MAY 2014)
(a) This contract is subject to 41 U.S.0 chapter 71, Contract Disputes.
(b) Except as provided in 41 U.S.0 chapter 71, 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. However, a written demand or written
assertion by the Contractor seeking the payment of money exceeding$100,000 is not a claim under 41 U.S.0
chapter 71 until certified. A voucher, invoice, or other routine request for payment that is not in dispute when
submitted is not a claim under 41 U.S.0 chapter 71.The submission may be converted to a claim under 41 U.S.0
chapter 71, 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) (i)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 authorized to certify the claim on behalf of the Contractor."
(3) The certification may be executed by any person 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
41 U.S.0 chapter 71.
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(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 dispute 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 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 or relating to the contract, and comply with any decision of
the Contracting Officer.
35. 52.222-26 EQUAL OPPORTUNITY(MAR 2007)
(a) Definition. "United States," as used in this clause, means the 50 States, the District of Columbia,
Puerto Rico, the Northern Mariana Islands,American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.
(b) (1) 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 this clause, except for work performed
outside the United States by employees who were not recruited within the United States. Upon request, the
Contractor shall provide information necessary to determine the applicability of this clause.
(2) If the Contractor is a religious corporation, association, educational institution, or
society, the requirements of this clause do not apply with respect to the employment of individuals of a particular
religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).
(c) (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 that 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;
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(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. The
Contractor shall also file 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.
(6) The Contractor shall permit access to its premises, during normal business hours, by
the contracting 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; in 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 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
subcontractor or vendor.
(11) The Contractor shall take such action with respect to any subcontract or purchase order
as the Contracting Officer 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.
(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be
governed by the procedures in 41 CFR 60-1.1
36. 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)
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(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.
37. 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)
(Applicable to leases exceeding $3,000.)
(a) Definitions. As used in this clause—
Long-term contract means a contract of more than five years in duration, including options. However, the
term does not include contracts that exceed five years in duration because the period of performance has been
extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend
Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated,
not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small
business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a
concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a
national basis in a kind of business activity in which a number of business concerns are primarily engaged. In
determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of
business, number of employees, financial resources, competitive status or position, ownership or control of
materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract,
the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable,
paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the
contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the
contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after
modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this
clause in the contract.
(3) For long-term contracts—
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
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(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option
thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the
time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code
assigned to this contract. The small business size standard corresponding to this NAICS code can be found at
http://www.sba.00v/contentltable-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not
manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation
required by paragraph (b) of this clause by validating or updating all its representations in the Representations
and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary,
to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in
writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or
updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this
contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this
clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a
representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the
following rerepresentation and submit it to the contracting office, along with the contract number and the date on
which the rerepresentation was completed:
The Contractor represents that it El. is, el is not a small business concern under NAICS Code
assigned to contract number
[Contractor to sign and date and insert authorized signer's name and title].
38. 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUL 2014)
(Applicable to leases over$100,000.)
(a) Definitions. As used in this clause—
"Active duty wartime or campaign badge veteran,""Armed Forces service medal veteran," "disabled veteran,"
"protected veteran,""qualified disabled veteran," and"recently separated veteran" have the meanings given at
FAR 22.1301
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause
at 41 CFR 60-300 5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected
veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified
protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of$100,000 or more
unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified
by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for
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noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly
the parties and their undertakings.
39. 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES(JUL 2014)
(Applicable to leases over$15,000.)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause
at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on
the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment
qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order
in excess of$15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions
will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of
Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action
for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify
properly the parties and their undertakings.
40. 52.222-37 EMPLOYMENT REPORTS VETERANS(JUL 2014)
(Applicable to leases over$100,000.)
(a) Definitions. As used in this clause,"Armed Forces service medal veteran,""disabled veteran,""active duty
wartime or campaign badge veteran,"and"recently separated veteran," have the meanings given in FAR
22.1301.
(b) 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 total number of employees in the contractor's workforce, by job category and hiring location,
who are disabled veterans, other protected veterans(i.e., active duty wartime or campaign badge veterans),
Armed Forces service medal veterans, and recently separated veterans;
(2) The total number of new employees hired during the period covered by the report, and of the total,
the number of disabled veterans, other protected veterans (i.e.. active duty wartime or campaign badge veterans),
Armed Forces service medal veterans, and recently separated veterans; and
(3) The maximum number and minimum number of employees of the Contractor or subcontractor at
each hiring location during the period covered by the report.
(c) The Contractor shall report the above items by completing the Form VETS-100A, entitled"Federal
Contractor Veterans' Employment Report(VETS-100A Report)."
(d) The Contractor shall submit VETS-100A Reports no later than September 30 of each year.
(e) The employment activity report required by paragraphs (b)(2) and (b)(3)of this clause shall reflect total
new hires, and maximum and minimum number of employees, during the most recent 12–month period preceding
the ending date selected for the report. Contractors may select an ending date—
(1) As of the end of any pay period between July 1 and August 31 of the year the report is due; or
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(2) As of December 31, if the Contractor has prior written approval from the Equal Employment
Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard
Form 100).
(f) The number of veterans reported must be based on data known to the contractor when completing the
VETS-100A. The contractor's knowledge of veterans status may be obtained in a variety of ways, including an
invitation to applicants to self-identify(in accordance with 41 CFR 60-300.42), voluntary self-disclosure by
employees, or actual knowledge of veteran status by the contractor. This paragraph does not relieve an employer
of liability for discrimination under 38 U.S.C. 4212.
(g) The Contractor shall insert the terms of this clause in subcontracts of$100,000 or more unless exempted
by rules, regulations, or orders of the Secretary of Labor.
41. 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED,OR PROPOSED FOR DEBARMENT(AUG 2013)
(Applicable to leases over$30,000.)
(a) Definition. 'Commercially available off-the-shelf(COTS)" item, as used in this clause—
(1) Means any item of supply(including construction material)that is—
(i) A commercial item (as defined in paragraph (1) of the definition in FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without
modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products
and petroleum products.
(b) The Government suspends or debars Contractors to protect the Government's interests. Other
than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any
subcontract. in excess of $30,000 with a Contractor that is debarred, suspended, or proposed for debarment by
any executive agency unless there is a compelling reason to do so.
(C) The Contractor shall require each proposed subcontractor whose subcontract will exceed
$30,000, other than a subcontractor providing a commercially available off-the-shelf item, 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.
(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing,
before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-
the-shelf item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the
System for Award Management(SAM) Exclusions). The notice must include the following:
(1) The name of the subcontractor.
(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion
in SAM.
(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being
listed with an exclusion in SAM.
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(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.
(e) Subcontracts. Unless this is a contract for the acquisition of commercial items, the Contractor
shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the
identification of the parties), in each subcontract that—
(1) Exceeds$30,000 in value; and
(2) Is not a subcontract for commercially available off-the-shelf items.
42. 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA(OCT 2010)
(Applicable if over$700,000.)
(a) Before awarding any subcontract expected to exceed the threshold for submission of certified cost
or pricing data at FAR 15.403-4, on the date of agreement on price or the date of award, whichever is later; or
before pricing any subcontract modification involving a pricing adjustment expected to exceed the threshold for
submission of certified cost or pricing data at FAR 15.403-4, the Contractor shall require the subcontractor to
submit certified cost or pricing data (actually or by specific identification in writing), in accordance with FAR
15.408, Table 15-2 (to include any information reasonably required to explain the subcontractor's estimating
process such as the judgmental factors applied and the mathematical or other methods used in the estimate,
including those used in projecting from known data, and the nature and amount of any contingencies included in
the price), unless an exception under FAR 15.403-1 applies.
(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 certified 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 certified cost or pricing data for the subcontract; or
(2) The substance of the clause at FAR 52.215-13, Subcontractor Certified Cost or Pricing Data—
Modifications.
43. 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS(OCT 2014)
(Applicable to leases over$150,000 average net annual rental including option periods.)
(a) 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
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(ii) The management and daily business operations of which are controlled by one or more service-
disabled veterans or, in the case of a service-disabled 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", consistent with 13 CFR 124.1002, means a small business concern
under the size standard applicable to the acquisition, that—
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically
disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after
taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals,who meet the criteria in paragraphs (1)(i) and (ii)of this definition.
"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.
(b) 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.
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(c) 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.
(d) (1) 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 small disadvantaged business concern, or a women-owned small
business concern.
(2) The Contractor shall confirm that a subcontractor representing itself as a HUBZone small business
concern is certified by SBA as a HUBZone small business concern by accessing the System for Award
Management database or by contacting the SBA. Options for contacting the SBA include—
(i) HUBZone small business database search application web page at
htto://dsbs.sba.gov/dsbs/search/dsp searchhubzone.cfm; or http://www.sba.dov/hubzone;
(ii) In writing to the Director/HUB, U.S. Small Business Administration, 409 3rd Street, SW.,
Washington, DC 20416; or
(iii) The SBA HUBZone Help Desk at hubzone@sba.gov.
44. 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2014)ALTERNATE III(OCT 2014)
(Applicable to leases over$650,000.)
a) This clause does not apply to small business concerns.
(b) Definitions. As used in this clause—
"Alaska Native Corporation (ANC)"means any Regional Corporation, Village Corporation, Urban Corporation.
or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native
Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is considered a minority and
economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC
direct and indirect subsidiary corporations,joint ventures, and partnerships that meet the requirements of 43
U.S.C. 1626(e)(2).
"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).
"Electronic Subcontracting Reporting System (eSRS)" means the Governmentwide, electronic, web-based
system for small business subcontracting program reporting. The eSRS is located at htto://www.esrs.Qov.
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"Indian tribe" means any Indian tribe, band, group, pueblo, or community, including native villages and native IÔE, 2
groups(including corporations organized by Kenai, Juneau, Sitka, and Kodiak)as defined in the Alaska Native
Claims Settlement Act(43 U.S.C.A. 1601 et seq.), that is recognized by the Federal Government as eligible for
services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes
Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).
"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 offeror's 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 (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, that separately addresses subcontracting with small business, veteran-owned small business,
service-disabled 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, service-
disabled 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, service-disabled veteran-owned small business, HUBZone small
business, small disadvantaged business, and women-owned small business concerns as subcontractors. The
offeror shall include all sub-contracts that contribute to contract performance, and may include a proportionate
share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626:
(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals
for small business and small disadvantaged business (SDB)concerns, regardless of the size or Small Business
Administration certification status of the ANC or Indian tribe.
(ii) Where one or more subcontractors are in the subcontract tier between the prime contractor and the
ANC or Indian tribe,the ANC or Indian tribe shall designate the appropriate contractor(s)to count the subcontract
towards its small business and small disadvantaged business subcontracting goals.
(A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the
ANC or Indian tribe.
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(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its
goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor.
The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract.
(C)The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the
prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 i
days of the date of the subcontract award.
(D) If the Contracting Officer does not receive a copy of the ANC's or the Indian tribe's written
designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or
Indian tribe will be considered the designated Contractor.
(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 (including ANC and Indian
tribes);
(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns;
(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business;
(v) Total dollars planned to be subcontracted to HUBZone small business concerns;
(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns(including
ANCs and Indian tribes); and
(vii) 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;
(ii) Veteran-owned small business concerns;
(iii) Service-disabled veteran-owned small business concerns;
(iv) HUBZone small business concerns;
(v) Small disadvantaged business concerns, and
(vi) Women-owned small business concerns.
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(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 System for Award Management (SAM), veterans service organizations, the
National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the
Minority 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 SAM as an accurate representation of a concern's size and ownership characteristics for the
purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small,
small disadvantaged, and women-owned small business source list. Use of SAM 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 (including ANC and Indian tribes);
(ii) Veteran-owned small business concerns;
(iii) Service-disabled veteran-owned small business concerns;
(iv) HUBZone small business concerns;
(v) Small disadvantaged business concerns(including ANC and Indian tribes); and
(vi) Women-owned small business concerns.
(7) The name of the individual employed by the offeror who will administer the offeror's 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, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged
business, and women-owned small business concerns have an equitable opportunity to compete for
subcontracts.
(9) Assurances that the offeror will include the clause of 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$650,000 ($1.5
million for construction of any public facility)with further subcontracting possibilities 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;
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(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 Contract in accordance
with paragraph (I) of this clause. Submit the Summary Subcontract Report(SSR), in accordance with
paragraph (I) of this clause using the Electronic Subcontracting Reporting System (eSRS)at
http://www.esrs.gov. The reports shall provide information on subcontract awards to small business
concerns (including ANCs and Indian tribes that are not small businesses), veteran-owned small business
concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns,
small disadvantaged business concerns(including ANCs and Indian tribes that have not been certified by
the Small Business Administration as small disadvantaged businesses), women-owned small business
concerns, and for NASA only, Historically Black Colleges and Universities and Minority Institutions.
Reporting shall be in accordance with this clause, or as provided in agency regulations; and
(iv) Ensure that its subcontractors with subcontracting plans agree to submit the SF 294 in
accordance with paragraph (I)of this clause. Ensure that its subcontractors with subcontracting plans agree
to submit the SSR in accordance with paragraph (I) of this clause using the eSRS.
(11) A description of the types of records that will be maintained 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, service-disabled
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., SAM), guides, and other data that identify small business, veteran-owned small
business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged
business, and women-owned small business concerns.
(ii) Organizations contacted in an attempt to locate sources that are small business, veteran-owned
small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged
business, or women-owned small business concerns.
(iii) Records on each subcontract solicitation resulting in an award of more than $150,000, 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 service-disabled veteran-owned small business concerns were solicited and, if not, why
not;
(D) Whether HUBZone small business concerns were solicited and, if not, why not;
(E) Whether small disadvantaged business concerns were solicited and, if not, why not;
(F) Whether women-owned small business concerns were solicited and, if not, why not: and
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(G) 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; and
(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, service-disabled veteran-owned small
business, HUBZone small business, small disadvantaged business, 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 Contractor's lists of potential small business, veteran-
owned small business, service-disabled veteran-owned small business, HUBZone small business, small
disadvantaged business; and women-owned small business subcontractors are excessively long, reasonable
effort 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 business, veteran-owned
small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged
business, and women-owned small business concerns in all "make-or-buy"decisions.
(3) Counsel and discuss subcontracting opportunities with representatives of small business, veteran-
owned small business, service-disabled veteran-owned small business, HUBZone small business, small
disadvantaged business, and women-owned small business firms.
(4) Confirm that a subcontractor representing itself as a HUBZone small business concern is identified
as a certified HUBZone small business concern by accessing the SAM database or by contacting SBA.
(5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of
business status as small, veteran-owned small business, HUBZone small, 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 Contractors subcontracting plan.
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(6) For all competitive subcontracts over the simplified acquisition threshold in which a small business
concern received a small business preference, upon determination of the successful subcontract offeror, the
Contractor must inform each unsuccessful small business subcontract offeror in writing of the name and location
of the apparent successful offeror prior to award of the contract.
(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
(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. Once the Contractor's commercial plan has
been approved, the Government will not require another subcontracting plan from the same Contractor while the
plan remains in effect, as long as the product or service being provided by the Contractor continues to meet the
definition of a commercial item. A Contractor with a commercial plan shall comply with the reporting requirements
stated in paragraph (d)(10)of this clause by submitting one SSR in eSRS for all contracts covered by its
commercial plan. This report shall be acknowledged or rejected in eSRS by the Contracting Officer who approved
the plan. This report shall be submitted within 30 days after the end of the Government's fiscal year.
(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) A contract may have no more than one plan. When a modification meets the criteria in 19.702 for a plan,
or an option is exercised, the goals associated with the modification or option shall be added to those in the
existing subcontract plan.
(j) Subcontracting plans are not required from subcontractors when the prime contract contains the clause at
52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial
Items, or when the subcontractor provides a commercial item subject to the clause at 52.244-6, Subcontracts for
Commercial Items, under a prime contract.
(k) 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.
(I) The Contractor shall submit a SF 294. The Contractor shall submit SSRs using the web-based
eSRS at http:/lwww.esrs.gov. Purchases from a corporation, company, or subdivision that is an affiliate of
the prime Contractor or subcontractor are not included in these reports. Subcontract award data reported by
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prime Contractors and subcontractors shall be limited to awards made to their immediate next-tier
subcontractors. Credit cannot be taken for awards made to lower tier subcontractors, unless the Contractor
or subcontractor has been designated to receive a small business or small disadvantaged business credit
from an ANC or Indian tribe. Only subcontracts involving performance in the U.S. or its outlying areas should
be included in these reports with the exception of subcontracts under a contract awarded by the State
Department or any other agency that has statutory or regulatory authority to require subcontracting plans for
subcontracts performed outside the United States and its outlying areas.
(1) SF 294. This report is not required for commercial plans. The report is required for each contract
containing an individual subcontract plan. For prime contractors the report shall be submitted to the
contracting officer, or as specified elsewhere in this contract. In the case of a subcontract with a
subcontracting plan, the report shall be submitted to the entity that awarded the subcontract.
(i) The report shall be submitted semi-annually during contract performance for the periods ending
March 31 and September 30. A report is also required for each contract within 30 days of contract
completion. Reports are due 30 days after the close of each reporting period, unless otherwise directed by
the Contracting Officer. Reports are required when due, regardless of whether there has been any
subcontracting activity since the inception of the contract or the previous reporting period.
(ii) When a subcontracting plan contains separate goals for the basic contract and each option, as
prescribed by FAR 19.704(c), the dollar goal inserted on this report shall be the sum of the base period
through the current option; for example, for a report submitted after the second option is exercised,the dollar
goal would be the sum of the goals for the basic contract, the first option, and the second option.
(2) SSR. (i) Reports submitted under individual contract plans—
(A) This report encompasses all subcontracting under prime contracts and subcontracts with
the awarding agency, regardless of the dollar value of the subcontracts.
(B) The report may be submitted on a corporate, company or subdivision (e.g. plant or
division operating as a separate profit center) basis, unless otherwise directed by the agency.
(C) If a prime Contractor and/or subcontractor is performing work for more than one
executive agency, a separate report shall be submitted to each executive agency covering only that
agency's contracts, provided at least one of that agency's contracts is over$550,000 (over$1,000,000 for
construction of a public facility) and contains a subcontracting plan. For DoD, a consolidated report shall be
submitted for all contracts awarded by military departments/agencies and/or subcontracts awarded by DoD
prime Contractors. However, for construction and related maintenance and repair, a separate report shall be
submitted for each DoD component.
(D) For DoD and NASA, the report shall be submitted semi-annually for the six months
ending March 31 and the twelve months ending September 30. For civilian agencies, except NASA, it shall
be submitted annually for the twelve-month period ending September 30. Reports are due 30 days after the
close of each reporting period.
(E) Subcontract awards that are related to work for more than one executive agency shall be
appropriately allocated.
CNIS/
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(F) The authority to acknowledge or reject SSRs in the eSRS, including SSRs submitted by
subcontractors with subcontracting plans, resides with the Government agency awarding the prime contracts
unless stated otherwise in the contract.
(ii) Reports submitted under a commercial plan—
(A) The report shall include all subcontract awards under the commercial plan in effect
during the Government's fiscal year.
(B) The report shall be submitted annually, within thirty days after the end of the
Government's fiscal year.
(C) If a Contractor has a commercial plan and is performing work for more than one
executive agency, the Contractor shall specify the percentage of dollars attributable to each agency from
which contracts for commercial items were received.
(D) The authority to acknowledge or reject SSRs for commercial plans resides with the
Contracting Officer who approved the commercial plan.
45. 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (JAN 1999)
(Applicable to leases over$650,000.)
(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.
(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.
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(f) Liquidated damages shall be in addition to any other remedies that the Government may have.
46 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS(JUL 2013)
(Applicable if over$25,000.)
(a) Definitions. As used in this clause:
"Executive" means officers, managing partners, or any other employees in management positions.
"First-tier subcontract" means a subcontract awarded directly by the Contractor for the purpose of acquiring
supplies or services (including construction)for performance of a prime contract. It does not include the
Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that
benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and
administrative expenses or indirect costs.
"Months of award" means the month in which a contract is signed by the Contracting Officer or the month in
which a first-tier subcontract is signed by the Contractor.
"Total compensation" means the cash and noncash dollar value earned by the executive during the
Contractor's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):
(1) Salary and bonus.
(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for
financial statement reporting purposes with respect to the fiscal year in accordance with the Financial
Accounting Standards Board's Accounting Standards Codification (FASB ASC)718, Compensation-
Stock Compensation.
(3) Earnings for services under non-equity incentive plans. This does not include group life, health,
hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are
available generally to all salaried employees.
(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension
plans.
(5) Above-market earnings on deferred compensation which is not tax-qualified.
(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination
payments, value of life insurance paid on behalf of the employee, perquisites or property)for the
executive exceeds $10,000.
(b) Section 2(d)(2)of the Federal Funding Accountability and Transparency Act of 2006(Pub. L. 109-282), as
amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the
Contractor to report information on subcontract awards. The law requires all reported information be made public,
therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made
public.
(c) Nothing in this clause requires the disclosure of classified information
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(d) (1) Executive compensation of the prime contractor. As a part of its annual registration requirement in
the System for Award Management(SAM)database(FAR provision 52.204-7), the Contractor shall report the
names and total compensation of each of the five most highly compensated executives for its preceding
completed fiscal year, if—
(i) In the Contractor's preceding fiscal year, the Contractor received—.
(A) 80 percent or more of its annual gross revenues from Federal contracts(and subcontracts), loans,
grants(and subgrants), cooperative agreements, and other forms of Federal financial assistance;
and
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans,
grants(and subgrants), cooperative agreements, and other forms of Federal financial assistance;
and
(ii) The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986. (To determine
if the public has access to the compensation information, see the U.S. Security and Exchange
Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)
(2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as
provided in paragraph (h)of this clause, by the end of the month following the month of award of a first-tier
subcontract with a value of$25,000 or more, the Contractor shall report the following information at
http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the instructions at
http://www.fsrs.qov to report the data.)
(i) Unique identifier(DUNS Number)for the subcontractor receiving the award and for the
subcontractor's parent company, if the subcontractor has a parent company.
(ii) Name of the subcontractor.
(iii) Amount of the subcontract award.
(iv) Date of the subcontract award.
(v) A description of the products or services (including construction) being provided under the
subcontract, including the overall purpose and expected outcomes or results of the subcontract.
(vi) Subcontract number(the subcontract number assigned by the Contractor).
(vii) Subcontractor's physical address including street address, city, state, and country. Also include the
nine-digit zip code and congressional district.
(viii) Subcontractor's primary performance location including street address, city, state, and country.
Also include the nine-digit zip code and congressional district.
(ix) The prime contract number, and order number if applicable.
(x) Awarding agency name and code.
(xi) Funding agency name and code.
(xii) Government contracting office code.
(xiii) Treasury account symbol (TAS) as reported in FPDS.
(xiv) The applicable North American Industry Classification System code(NAICS).
INITIALS: &
LESS GOVERNMENT GSA FORM 3517B PAGE 45(REV 04/15)
G;N\--(1
16E2
EXHIBIT E
(3) Executive compensatioin of the first-tier subcontractor. Unless otherwise directed by the
Contracting Officer, by the end of the month following the month of award of a first-tier subcontract with a value of
$25,000 or more, and annually thereafter(calculated from the prime contract award date), the Contractor shall
report the names and total compensation of each of the five most highly compensated executives for that first-tier
subcontractor for the first-tier subcontractor's preceding completed fiscal year at http://www.fsrs.gov, if—
(i) In the subcontractor's preceding fiscal year, the subcontractor received—
(A) 80 percent or more of its annual gross revenues from Federal contracts(and subcontracts), loans,
grants(and subgrants), cooperative agreements, and other forms of Federal financial assistance; and
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans,
grants(and subgrants), cooperative agreements, and other forms of Federal financial assistance; and
(ii) The public does not have access to information about the compensation of the executives through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a),
78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the
compensation information, see the U.S. Security and Exchange Commission total compensation filings at
http://www.sec.ciov/answers/execomp.htm.)
(e) The Contractor shall not split or break down first-tier subcontract awards to a value less than$25,000 to
avoid the reporting requirements in paragraph(d).
(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d)when
the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the
reported data elements changes during the performance of the subcontract. The Contractor is not required to
make further reports after the first-tier subcontract expires.
(g) (1) If the Contractor in the previous tax year had gross income, from all sources, under$300,000, the
Contractor is exempt from the requirement to report subcontractor awards.
(2) If a subcontractor in the previous tax year had gross income from all sources under$300,000,the
Contractor does not need to report awards for that subcontractor.
(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and
FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM
database information is incorrect, the contractor is responsible for correcting this information.
\--'.(
INITIALS: &
LESSO GOVERNMENT GSA FORM 3517B PAGE 46(REV 04/15)
0
.w til
EXHIBIT H
ADDENDUM to the System for Award Management(SAM) Request for Lease Dated
REPRESENTATIONS AND CERTIFICATIONS(Acquisitions Proposals Number )
of Leasehold Interests in Real Property) NRCS-FL-15-003
Complete appropriate boxes, sign the form, and attach to offer.
The Offeror makes the following additional Representations. NOTE: The "Offeror,"as used on this form,
is the owner of the property offered, not an individual or agent representing the owner.
1. ANNUAL REPRESENTATIONS AND CERTIFICATIONS FOR LEASEHOLD ACQUISITIONS
(APR 2015)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is
531120, unless the real property is self-storage (#531130), land (#531190), or residential
(#531110).
(2) The small business size standard is 38.5 Million in annual average gross revenue of the
concern for the last 3 fiscal years.
(3) The small business size standard for a concern which submits an offer in its own name,
other than on a construction or service contract, but which proposes to furnish a product
which it did not itself manufacture, is 500 employees.
(b) The System for Award Management (SAM) is a centrally located, searchable database which
assists in the development. maintenance, and provision of sources for future procurements. The
Offeror, by signing this addendum, hereby certifies he is registered in SAM.
[ ] Registration Active and Copy Attached
2. 552.203-72 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID
DELINQUENT FEDERAL TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW
(DEVIATION) (OCT 2013)
(a) In accordance with Sections 630 and 631 of Division of the Consolidated Appropriations Act,
2012 (Pub. L. 112-74), and Section 101 of the Continuing Appropriations Act, 2014 (Pub. L.
113-16) none of the funds made available by the Continuing Appropriations Act 2014 may be
used to enter into a contract action with any corporation that---
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is aware of the unpaid tax
liability, unless the agency has considered suspension or debarment of the
corporation and made a determination that this further action is not necessary to
protect the interests of the Government, or
(2) Was convicted, or had an officer or agent of such corporation acting on behalf of the
corporation convicted of a felony criminal violation under any Federal law within the
preceding 24 months, where the awarding agency is aware of the conviction, unless
the agency has considered suspension or debarment of the corporation or such officer
or agent and made a determination that this action is not necessary to protect the
interests of the Government.
(b) The Contractor represents that—
(1) It is[) is not[) a corporation that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted or
GSA FORM 3518-SAM PAGE 1 (04/15)
0
4 k „'
�.r
0 E
EXHIBIT H
have lapsed, and that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
(2) It is [] is not[] a corporation that was convicted, or had an officer or agent of the
corporation acting on behalf of the corporation, convicted of a felony criminal violation
under any Federal law within the preceding 24 months.
OFFEROR OR NAME,ADDRESS(INCLUDING ZIP CODE) TELEPHONE NUMBER
LEGALLY AUTHORIZED y C U ,,�
REPRESENTATIVE fI N11L f1
Z 2 1-'--7$/i/ZELI(__. 249e/cry Gr i 13� s
3 3 3 r �Ir� , 7�
,fit f Vic_ ,3yi m z
ignature
Date
GSA FORM 3518-SAM PAGE 2 (04/15)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16E
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slit and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and or,s;inal documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines ill through 42 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routinzlines#1 through 42,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routine order) Office Initials Date
1. '
2.
3. County Attorney Office County Attorney Office eN`k(-t V(°
4. BCC Office Board of County 'DF
Commissioners / A-_V _ _
5. Minutes and Records Clerk of Court's Officerlikii n '49 �( is
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff � Phone Number
Contact/ Department r4 /C. 4 •-• C-- / I' .4
Agenda Date Item was / Agenda Item Number / (.0 C
Approved by the BCC y.
Type of Document Number of Original
Attached • A 5 •� Documents Attached ___
PO number or account
number if document is "�7 5 � `
to be recorded ���
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable).
1. Does the document require the chairman's original signature? • OV....... t•J A
2. Does the document need to be sent to another agency for additional signatu es? If yes, kVA
provide the Contact Information(Name;Agency; Address;Phone)on an attached sheet.
3. Original document has been signed/initialed-for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
_ by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's d5/6\
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip ri j
d.' 1/4
should be provided to the County Attorney Office at the time the item is input into SIRE_
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aw1are of your deadlines!
8. The document was approved by the BCC on 'i ill'y(enter date) and all changes made t lion=
r rz : ,may .
during the meeting have been incorporated in he attached document. The County e; ec a, or
Attorney's Office has reviewed the changes, if applicable. _ real
• _
9. Initials of attorney verifying that the attached document is the version approved by the '"'A`1
BCC,all changes directed by the BCC have been made, and the document is ready for t - lJ" a a f
Chairman's signature. —_ _ — �` `� "
1 Forms/County Forms)BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 6E 2
• e" •� Memorandum
r 1ORP
(
To: Minutes and Records
From: Michael Dowling-k---'1\-Z5
Senior Property Management Specialist
Real Property Management
Date: September 8, 2016
Subject: Lease with United States Department of Agriculture
BCC: July 12, 2016, Item: 16 E 2
(RESUBMITTED due to USDA request to have each page initialed)
Hello All!
Kindly provide me with the two original copies of the referenced document so that I
can forward to the landlord for signatures. I will provide you with a copy of the
fully executed Lease once it is returned.
Please contact me at extension 8743 with any questions.
Thank you. O
Attachment as stated
16E 2
MEMORANDUM
Date: September 19, 2016
To: Michael Dowling, Property Acquisition Specialist
Facilities Management Department
From: Martha Vergara, Deputy Clerk
Boards Minutes & Records Department
Re: Resolution 2016-153/Lease with US Department of Agriculture
Lease #57-4209-15-003
Attached is the resubmittal of the two (2) originals of the document referenced
above (Item #16E2), approved by the Board of County Commissioners on
Tuesday, July 12, 2016.
Forward for additional signatures and return an original to the Minutes &
Records Department for the Board's Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment
16E 2
LEASE k10 57-4209.15-003 Succeeding/Superseding Lease
GSA FORM L202(May 2015)
This Lease is made and entered into between
Collier County Government
(Lessor),whose principal place of business is 3335 E Tamiami Trail,Suite 101 Naples, FL 34102,and whose interest in the Property described herein
is that of Fee Owner,and
The United States of America
(Government),acting by and through the designated representative of the United States Department of Agriculture(USDA),upon the terms and conditions
set forth herein.
Witnesseth:The parties hereto,for the consideration hereinafter mentioned,covenant and agree as follows:
Lessor hereby leases to the Government the Premises described herein,being all or a portion of the Property located at
14700 lmmokalee Road, Naples, FL 34120
and more fully described in Section 1 and EXHIBIT A AND EXHIBIT A-1,together with rights to the use of parking and other areas as set forth herein,to
be used for such purposes as determined by USDA.
LEASE TERM
To Have and To Hold the said Premises with its appurtenances for the term beginning upon acceptance of the Premises as required by this Lease,
whichever is later,and continuing for a period of
10 Years,4 months Firm,
subject to termination and renewal rights as may be hereinafter set forth. The commencement date of this Lease,along with any applicable termination
and renewal rights, shall be more specifically set forth in a Lease Amendment upon substantial completion and acceptance of the Space by the
Government.
In Witness Whereof,the parties to this Lease evidence their agreement to all terms and conditions set forth herein by their signatures below,to be effective
as of the date of delivery of the fully executed Lease to the Lessor.
FOR THE LE OR: FOR THE GOVERNMENT:
n '
Name: Donna Fiaia Mary Katherine Miller
Title: Chairman. Roai Proeorty Mo'logcrn)nt USDA Real Property Leasing Officer
Date: Z 0 r �' Date:
WITNESSED FOR THE LESSOR BY: ATTEST
S e c---n d ,J ) , i r )U Viz. ;"A D'N e HT E. 3A•C , Clerk
n`. v
Name: �T/-k T C� �-� R-► Z Attest as td Chairman 110
Title: 0 C E �- 1 " Q 1. 2 signature only.
Approved as to form and legality
Date: eW441'4/11 A5, 4.c 14
Assistant County Att4 Ivey �,�. \�'
The information collection requirements contained in this Solicitation/Contract, that are not required by the regulation. have been approved by the Office
of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No. 3090-0163.
LEASE NO. 57-4209-15-003,PAGE 1 LESSOR GOVERNMENT: GSA FORM L202(05/15)
16E 2
SECTION 1 THE PREMISES,RENT,AND OTHER TERMS 4
1.01 THE PREMISES(SUCCEEDING)(SEP 2013) 4
1.02 EXPRESS APPURTENANT RIGHTS(SEP 2013) 4
1.03 RENT AND OTHER CONSIDERATIONS(APR 2015) 4
1.04 INTENTIONALLY DELETED 5
1.05 TERMINATION RIGHTS(AUG 2011) 6
1.06 INTENTIONALLY DELETED 6
1.07 DOCUMENTS INCORPORATED IN THE LEASE(APR 2015) 6
1.08 INTENTIONALLY DELETED 6
1.09 INTENTIONALLY DELETED 6
1.10 INTENTIONALLY DELETED 6
1.11 PERCENTAGE OF OCCUPANCY FOR TAX ADJUSTMENT(JUN 2012) 6
1.12 INTENTIONALLY DELETED 6
1.13 INTENTIONALLY DELETED 6
1.14 RATE FOR ADJUSTMENT FOR VACANT LEASED PREMISES(SEP 2013) 6
1.15 INTENTIONALLY DELETED 6
1.16 INTENTIONALLY DELETED 6
1.17 BUILDING IMPROVEMENTS(SEP 2012) 6
SECTION 2 GENERAL TERMS,CONDITIONS,AND STANDARDS 7
2.01 DEFINITIONS AND GENERAL TERMS(SEP 2013) 7
2.02 AUTHORIZED REPRESENTATIVES(JUN 2012) 7
2.03 ALTERATIONS REQUESTED BY THE GOVERNMENT(SEP 2013) 7
2.04 WAIVER OF RESTORATION(APR 2011) 8
2.05 INTENTIONALLY DELETED 8
2.06 CHANGE OF OWNERSHIP(APR 2015) 8
2.07 INTENTIONALLY DELETED 8
2.08 ADJUSTMENT FOR VACANT PREMISES(SEP 2013) 8
2.09 INTENTIONALLY DELETED 8
SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS 9
3.01 WORK PERFORMANCE(JUN 2012) 9
3.02 RECYCLED CONTENT PRODUCTS(COMPREHENSIVE PROCUREMENT GUIDELINES)(SEP 2013) 9
3.03 ENVIRONMENTALLY PREFERABLE BUILDING PRODUCTS AND MATERIALS(SEP 2013) 9
3.04 EXISTING FIT-OUT,SALVAGED,OR REUSED BUILDING MATERIAL(JUN 2012) 9
3.05 CONSTRUCTION WASTE MANAGEMENT(SUCCEEDING)(JUN 2012) 9
3.06 BUILDING SHELL REQUIREMENTS(SEP 2013) 10
3.07 RESPONSIBILITY OF THE LESSOR AND LESSOR'S ARCHITECT/ENGINEER(SUCCEEDING)(APR 2011) 10
3.08 QUALITY AND APPEARANCE OF BUILDING(SUCCEEDING)(SEPT 2011) 10
3.09 VESTIBULES(SUCCEEDING)(APR 2011) 10
3.10 MEANS OF EGRESS(MAY 2015) 11
3.11 INTENTIONALLY DELETED 11
3.12 INTENTIONALLY DELETED 11
3.13 ENERGY INDEPENDENCE AND SECURITY ACT(DEC 2011) 11
3.14 INTENTIONALLY DELETED 11
3.15 INTENTIONALLY DELETED 11
3.16 DEMOLITION(JUN 2012) 11
3.17 ACCESSIBILITY(FEB 2007) 11
3.18 CEILINGS(APR 2015) 11
3.19 EXTERIOR AND COMMON AREA DOORS AND HARDWARE(SEP 2013) 12
3.20 DOORS: IDENTIFICATION(APR 2011) - 12
3.21 WINDOWS(SUCCEEDING)(SEPT 2011) 12
3.22 PARTITIONS: GENERAL(APR 2015) 12
3.23 PARTITIONS: PERMANENT(APR 2015) 12
3.24 INSULATION: THERMAL,ACOUSTIC,AND HVAC(SEP 2013) 12
3.25 WALL FINISHES-SHELL(SUCCEEDING)(JUN 2012) 12
3.26 PAINTING-SHELL(JUN 2012) 13
3.27 FLOORS AND FLOOR LOAD(APR 2015) 13
3.28 FLOOR COVERING AND PERIMETERS-SHELL(SUCCEEDING)(JUN 2012) 13
3.29 MECHANICAL,ELECTRICAL,PLUMBING: GENERAL(APR 2011) 13
3.30 BUILDING SYSTEMS(APR 2011) 13
3.31 ELECTRICAL(JUN 2012) 13
3.32 INTENTIONALLY DELETED 13
3.33 DRINKING FOUNTAINS(APR 2011) 13
3.34 RESTROOMS(SEP 2013) 13
3.35 PLUMBING FIXTURES:WATER CONSERVATION(DEC 2011) 14
3.36 INTENTIONALLY DELETED 14
3.37 HEATING VENTILATION AND AIR CONDITIONING-SHELL(SEP 2013) 14
3.38 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT(SUCCEEDING)(SEPT 2011) 14
3.39 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS(JUN 2012) 14
3.40 LIGHTING: INTERIOR AND PARKING-SHELL(SUCCEEDING)(SEP 2013) 14
3.41 ACOUSTICAL REQUIREMENTS(JUN 2012) 15
3.42 INDOOR AIR QUALITY DURING CONSTRUCTION(SEP 2013) 15
LEASE NO.57-4209-15-003,PAGE 2 LESSOR�(�,,u"GOVERNMENT: GSA FORM L202(05/15)
16E2
3.43 SYSTEMS COMMISSIONING(APR 2011) 16
3.44 INTENTIONALLY DELETED 16
3.45 INTENTIONALLY DELETED 16
SECTION 4 DESIGN,CONSTRUCTION,AND POST AWARD ACTIVITIES 17
4.01 SCHEDULE FOR COMPLETION OF SPACE(SUCCEEDING)(JUN 2012) 17
4.02 INTENTIONALLY DELETED 17
4.03 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY(SUCCEEDING)(MAY 2015) 17
4.04 AS-BUILT DRAWINGS(JUN 2012) 17
4.05 INTENTIONALLY DELETED 17
SECTION 5 TENANT IMPROVEMENT COMPONENTS 18
5.01 TENANT IMPROVEMENT REQUIREMENTS(SEP 2013) 18
5.02 FINISH SELECTIONS(SUCCEEDING)(SEPT 2011) 18
5.03 DOORS: INTERIOR(SUCCEEDING)(SEP 2013) 18
5.04 DOORS: HARDWARE(SUCCEEDING)(SEP 2013) 18
5.05 PARTITIONS: SUBDIVIDING(SUCCEEDING)(SEP 2013) 18
5.06 WALL FINISHES(JUN 2012) 18
5.07 PAINTING-TI(SEP 2013) 18
5.08 FLOOR COVERINGS AND PERIMETERS(APR 2015) 19
5.09 HEATING AND AIR CONDITIONING(SUCCEEDING)(JUN 2012) 20
5.10 ELECTRICAL: DISTRIBUTION(SUCCEEDING)(JUN 2012) 20
5.11 LIGHTING: INTERIOR AND PARKING-TI(SUCCEEDING)(SEP 2013) 20
SECTION 6 UTILITIES,SERVICES,AND OBLIGATIONS DURING THE LEASE TERM Y1
6.01 PROVISION OF SERVICES,ACCESS,AND NORMAL HOURS(JUN 2012) 21
6.02 UTILITIES(APR 2011) 21
6.03 INTENTIONALLY DELETED 21
6.04 UTILITY CONSUMPTION REPORTING(JUN 2012) 21
6.05 HEATING AND AIR CONDITIONING(SEP 2014) 21
6.06 INTENTIONALLY DELETED 21
6.07 JANITORIAL SERVICES(JUN 2012) 21
6.08 SELECTION OF CLEANING PRODUCTS(APR 2015) 22
6.09 SELECTION OF PAPER PRODUCTS(APR 2015) 22
6.10 INTENTIONALLY DELETED 22
6.11 MAINTENANCE AND TESTING OF SYSTEMS(SEP 2013) 22
6.12 MAINTENANCE OF PROVIDED FINISHES(SEP 2013) 22
6.13 ASBESTOS ABATEMENT(APR 2011) 23
6.14 ONSITE LESSOR MANAGEMENT(APR 2011) 23
6.15 IDENTITY VERIFICATION OF PERSONNEL(SEP 2013) 23
6.16 SCHEDULE OF PERIODIC SERVICES(JUN 2012) 24
6.17 LANDSCAPING(SUCCEEDING)(JUN 2012) 24
6.18 LANDSCAPE MAINTENANCE(APR 2011) 24
6.19 RECYCLING(JUN 2012) 24
6.20 RANDOLPH-SHEPPARD COMPLIANCE(SEP 2013) 24
6.21 INTENTIONALLY DELETED 24
6.22 INDOOR AIR QUALITY(SEP 2013) 24
6.23 RADON IN AIR(SUCCEEDING)(SEP 2013) 25
6.24 RADON IN WATER(JUN 2012) 25
6.25 HAZARDOUS MATERIALS(SEP 2013) 26
6.26 MOLD(SEP 2013) 26
6.27 OCCUPANT EMERGENCY PLANS(SEP 2013) 26
6.28 INTENTIONALLY DELETED 26
SECTION 7 ADDITIONAL TERMS AND CONDITIONS 27
7.01 SECURITY STANDARDS(JUN 2012) 27
7.02 DELETED PARAGRAPHS: THE FOLLOWING PARAGRAPHS HAVE BEEN DELETED FROM THIS LEASE• 27
7.03 MODIFIED PARAGRAPHS: THE FOLLOWING PARAGRAPHS HAVE BEEN MODIFIED IN THIS LEASE• 27
LEASE NO.57-4209-15-003,PAGE 3 LESSORC GOVERNMENT: GSA FORM L202(05/15)
16E 2
SECTION 1 THE PREMISES, RENT, AND OTHER TERMS
1.01 THE PREMISES(SUCCEEDING)(SEP 2013)
Unless otherwise noted, the Government accepts the Premises and tenant improvements in their existing condition, except where specifications or
standards are contained elsewhere in this Lease. These standards include security improvements,Fire Protection and Life Safety requirements,ABAAS
compliance,as well as compliance with all local codes and ordinances. Such acceptance by the Government of existing Premises shall not relieve Lessor
of continuing obligations for cleaning,janitorial,maintenance,repair,etc.as set forth in the Lease paragraphs and attached General Clauses.
The Premises are described as follows:
A. Office and Related Space: L 1 u0 rentable square feet(RSF),yielding 1 130 ANSI/BOMA Office Area(ABOA)square feet(SF)of office and related
Space located on the 1st floor(s)as depicted on the floor plan(s)attached hereto as Exhibit A.
B. Common Area Factor: The Common Area Factor(CAF)is established as 0 0 percent. This factor,which represents the conversion from ABOA to
rentable square feet,rounded to the nearest whole percentage,shall be used for purposes of rental adjustments in accordance with the Payment Clause
of the General Clauses.
1.02 EXPRESS APPURTENANT RIGHTS(SEP 2013)
The Government shall have the non-exclusive right to the use of Appurtenant Areas, and shall have the right to post Rules and Regulations Governing
Conduct on Federal Property,Title 41 CFR,Part 102-74,Subpart C within such areas. The Government will coordinate with Lessor to ensure signage is
consistent with Lessor's standards. Appurtenant to the Premises and included in the Lease are rights to use the following:
A. Parking: 12 parking spaces as depicted on the plan attached hereto as Exhibit Al; 0 (NONE) parking spaces as depicted on the plan shall be
reserved and marked for the exclusive use of the Government,of which 0(NONE)shall be structured/inside parking spaces,and 12 shall be surface/outside
parking spaces. In addition, the Lessor shall provide such additional parking spaces as required by the applicable code of the local government entity
having jurisdiction over the Property.Parking lot must accommodate pull through parking for trucks with trailers.
B. Antennas,Satellite Dishes,and Related Transmission Devices: (1)Space located on the roof of the Building sufficient in size for the installation and
placement of telecommunications equipment,(2)the right to access the roof of the Building,and(3)use of all Building areas(e.g.,chases,plenums,etc.)
necessary for the use,operation,and maintenance of such telecommunications equipment at all times during the term of this Lease.
1.03 RENT AND OTHER CONSIDERATIONS(APR 2015)
A. The Government shall pay the Lessor annual rent, payable in monthly installments in arrears,at the following rates:
YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5
ANNUAL RENT ANNUAL RENT ANNUAL RENT ANNUAL RENT ANNUAL RENT
SHELLRENT1 $11,824.24 $12.060.72 $12,30194 $12,54798 $12,798.94
OPERATING $1,430.00 $1,458 60 $1,487.77 $1,517.53 $1.547.88
COSTS
TOTAL $13.254.24 $13,519.32 $13,789.71 $14,065.51 $14,346.82
ANNUAL RENT
YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10
ANNUAL RENT ANNUAL RENT ANNUAL RENT ANNUAL RENT ANNUAL RENT
SHELL RENT $13,054.92 $13,316.01 $13,582.34 $13,853.98 $14,131.06
OPERATING
CosTsz $1,578.84 $1,610.41 $1,642.62 $1,675.47 $1,708.98
TOTAL
ANNUAL RENT $14.633.75 $14.926.43 $15.224.96 $15,529.45 $15,840.04
'Shell rent calculation-Base Year
Term$10.74 per RSF multiplied by 1,100 RSF. 2`<6 Escalation per year through term of lease
,Operating Costs rent calculation-Base Year.S1 30 per RSF multiplied by 1.100 RSF 2' Escalation per year through term of lease
E. If the Government occupies the Premises for less than a full calendar month, then rent shall be prorated based on the actual number of days of
occupancy for that month.
F. Rent shall be paid to Lessor by electronic funds transfer in accordance with the provisions of the General Clauses. Rent shall be payable to the
Payee designated by the Lessor in the System for Award Management(SAM). If the payee is different from the Lessor, both payee and Lessor must be
registered in SAM.
G. Lessor shall provide to the Government,in exchange for the payment of rental and other specified consideration,the following:
1. The leasehold interest in the Property described in the paragraph entitled"The Premises."
2. All costs,expenses and fees to perform the work required for acceptance of the Premises in accordance with this Lease,including all costs for
labor,materials,and equipment,professional fees,contractor fees,attorney fees, permit fees,inspection fees,and similar such fees,and all related
expenses.
LEASE NO.57-4209-15-003,PAGE 4 LESSOR:-CUC5GOVERNMENT: GSA FORM L202(05/15)
16E 2
3. Performance or satisfaction of all other obligations set forth in this Lease; and all services, utilities,and maintenance required for the proper
operation of the Property, the Building, and the Premises in accordance with the terms of the Lease, including, but not limited to, all inspections,
modifications,repairs,replacements,and improvements required to be made thereto to meet the requirements of this Lease.
1.04 INTENTIONALLY DELETED
LEASE NO.57-4209-15-003,PAGE 5 LESSOR::.V` GOVERNMENT: GSA FORM L202(05/15)
1.05 TERMINATION RIGHTS(AUG 2011) 16E 2
The Government may terminate this Lease,in whole or in part,at any time effective after the Firm Term of this Lease,by providing not less than 120 days'
prior written notice to the Lessor. The effective date of the termination shall be the day following the expiration of the required notice period or the
termination date set forth in the notice,whichever is later. No rental shall accrue after the effective date of termination.
1.06 INTENTIONALLY DELETED
1.07 DOCUMENTS INCORPORATED IN THE LEASE(APR 2015)
The following documents are attached to and made part of the Lease:
Document Name No.of Exhibit
Pages
Floor Plan(s) 1 A
Parking Plan(s) 1 A.1
Agency specific Requirements OCIO/ITS 6 B
Agency Specific Requirements AD-2056 10 B.1
Security Requirements level I 3 C
GSA Form 3517B, General Clauses 46 E
GSA Form 3518-SAM,Addendum to System for Award Management(SAM)Representations and Certifications 2 H
(Acquisitions of Leasehold Interests in Real Property)
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1.09 INTENTIONALLY DELETED
1.10 INTENTIONALLY DELETED
1.11 PERCENTAGE OF OCCUPANCY FOR TAX ADJUSTMENT(JUN 2012)
As of the Lease Award Date,the Government's Percentage of Occupancy,as defined in the"Real Estate Tax Adjustment"paragraph of this Lease is 9.17
percent. The Percentage of Occupancy is derived by dividing the total Government Space of 1.100 RSF by the total Building space of 12000 RSF.
1.12 INTENTIONALLY DELETED
1.13 INTENTIONALLY DELETED
1.14 RATE FOR ADJUSTMENT FOR VACANT LEASED PREMISES(SEP 2013)
In accordance with the paragraph entitled"Adjustment for Vacant Premises"if the Government fails to occupy or vacates the entire or any portion of the
Premises prior to expiration of the term of the Lease, the operating costs paid by the Government as part of the rent shall be reduced by$0 ?0 per
ABOA SF of Space vacated by the Government.
1.15 INTENTIONALLY DELETED
1.16 INTENTIONALLY DELETED
1.17 BUILDING IMPROVEMENTS(SEP 2012)
Before the Government accepts the Space,the Lessor shall complete the following additional Building improvements prior to acceptance of the Space:
A. Agency Specific Requirements—Exhibit B
B. Security Requirements Level I— Exhibit C
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SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS
2.01 DEFINITIONS AND GENERAL TERMS(SEP 2013)
Unless otherwise specifically noted,all terms and conditions set forth in this Lease shall be interpreted by reference to the following definitions,standards,
and formulas:
A. Appurtenant Areas. Appurtenant Areas are defined as those areas and facilities on the Property that are not located within the Premises, but for
which rights are expressly granted under this Lease, or for which rights to use are reasonably necessary or reasonably anticipated with respect to the
Government's enjoyment of the Premises and express appurtenant rights.
B. Building. The building(s)situated on the Property in which the Premises are located shall be referred to as the Building(s).
C. Common Area Factor(CAF). The Common Area Factor(CAF)is a conversion factor determined by the Building owner and applied by the owner to
the ABOA SF to determine the RSF for the leased Space. The CAF is expressed as a percentage of the difference between the amount of rentable SF
and ABOA SF,divided by the ABOA SF. For example 11,500 RSF and 10,000 ABOA SF will have a CAF of 15%[(11,500 RSF-10,000 ABOA SF)/10,000
ABOA SF]. For the purposes of this Lease,the CAF shall be determined in accordance with the applicable ANSI/BOMA standard for the type of space
to which the CAF shall apply.
D. Contract. Contract and contractor means Lease and Lessor, respectively.
E. Days. All references to"day"or"days"in this Lease shall mean calendar days,unless specified otherwise.
F. FAR/GSAR. All references to the FAR shall be understood to mean the Federal Acquisition Regulation,codified at 48 CFR Chapter 1. All references
to the GSAR shall be understood to mean the GSA supplement to the FAR,codified at 48 CFR Chapter 5.
G. Firm Term/Non-Firm Term. The Firm Term is that part of the Lease term that is not subject to termination rights. The Non-Firm Term is that part of
the Lease term following the end of the Firm Term.
H. Lease Term Commencement Date. The Lease Term Commencement Date means the date on which the lease term commences.
I. Lease Award Date. The Lease Award Date means the date of execution of the Lease by the RPLO and the mailing or otherwise furnishing written
notification of the executed Lease to the successful Offeror(and on which the parties'obligations under the Lease begin).
J. Premises. The Premises are defined as the total Office Area or other type of Space,together with all associated common areas,described in Section
1 of this Lease, and delineated by plan in the attached exhibit. Parking and other areas to which the Government has rights under this Lease are not
included in the Premises.
K. Property. The Property is defined as the land and Buildings in which the Premises are located,including all Appurtenant Areas(e.g., parking areas)
to which the Government is granted rights.
L. Rentable Space or Rentable Square Feet(RSF). Rentable Space is the area for which a tenant is charged rent. It is determined by the Building
owner and may vary by city or by building within the same city. The Rentable Space may include a share of Building support/common areas such as
elevator lobbies, Building corridors, and floor service areas. Floor service areas typically include restrooms,janitor rooms, telephone closets, electrical
closets, and mechanical rooms. The Rentable Space does not include vertical building penetrations and their enclosing walls, such as stairs, elevator
shafts,and vertical ducts. Rentable Square Feet is calculated using the following formula for each type of Space(e.g.,office,warehouse, etc.)included
in the Premises: ABOA SF of Space x(1 +CAF)=RSF.
M. Space. The Space shall refer to that part of the Premises to which the Government has exclusive use,such as Office Area,or other type of Space.
Parking areas to which the Government has rights under this Lease are not included in the Space.
N. Office Area. For the purposes of this Lease,Space shall be measured in accordance with the standard(Z65.1-1996)provided by American National
Standards Institute/Building Owners and Managers Association (ANSI/BOMA)for Office Area, which means"the area where a tenant normally houses
personnel and/or furniture,for which a measurement is to be computed." References to ABOA mean ANSI/BOMA Office Area.
0. Working Days. Working Days shall mean weekdays,excluding Saturdays and Sundays and Federal holidays.
2.02 AUTHORIZED REPRESENTATIVES(JUN 2012)
The signatories to this Lease shall have full authority to bind their respective principals with regard to all matters relating to this Lease. No other persons
shall be understood to have any authority to bind their respective principals,except to the extent that such authority may be explicitly delegated by notice
to the other party,or to the extent that such authority is transferred by succession of interest. The Government shall have the right to substitute its REAL
PROPERTY LEASING OFFICER(RPLO)by notice,without an express delegation by the prior RPLO.
2.03 ALTERATIONS REQUESTED BY THE GOVERNMENT(SEP 2013)
A. The Government may request the Lessor to provide alterations during the term of the Lease. Alterations will be ordered by issuance of a Lease
Amendment,GSA Form 300,Order for Supplies or Services,or, when specifically authorized to do so by the RPLO,a tenant agency-approved form.The
GSAM clause, 552.270-31, Prompt Payment, including its invoice requirements, shall apply to orders for alterations. All orders are subject to the terms
and conditions of this Lease and may be placed by the RPLO or a warranted contracting officer's representative(COR)in USDA or the tenant agency
when specifically authorized to do so by the REAL PROPERTY LEASING OFFICER,subject to the threshold limitation below.
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B. Orders for alterations issued by an authorized COR are limited to no more than$150,000(RPLOs are not subject to this threshold). This threshold
will change according to future adjustments of the simplified acquisition threshold(see FAR 2.101).The RPLO will provide the Lessor with a list of tenant
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.
C. Payments for alterations ordered by the tenant agency under the authorization described in sub-paragraph B will be made directly by the tenant
agency placing the order.
2.04 WAIVER OF RESTORATION(APR 2011)
The Lessor shall have no right to require the Government to restore the Premises upon termination of the Lease, and waives all claims against the
Government for waste,damages,or restoration arising from or related to(a)the Government's normal and customary use of the Premises during the term
of the Lease(including any extensions thereof),as well as(b)any initial or subsequent alteration to the Premises regardless of whether such alterations
are performed by the Lessor or by the Government.At its sole option, the Government may abandon property in the Space following expiration of the
Lease, in which case the property will become the property of the Lessor and the Government will be relieved of any liability in connection therewith.
2.05 INTENTIONALLY DELETED
2.06 CHANGE OF OWNERSHIP(APR 2015)
A. If during the term of the Lease, title to the Property is transferred, the Lease is assigned, or the Lessor changes its legal name, the Lessor and its
successor shall comply with the requirements of FAR Subpart 42.12. If title is transferred,the Lessor shall notify the Government within five days of the
transfer of title.
B. The Government and the Lessor may execute a Change of Name Agreement if the Lessor is changing only its legal name, and the Government's
and the Lessor's respective rights and obligations remain unaffected. A sample form is found at FAR 42.1205.
C. If title to the Property is transferred, or the Lease is assigned, the Government, the original Lessor(Transferor), and the new owner or assignee
(Transferee)shall execute a Novation Agreement providing for the transfer of Transferor's rights and obligations under the Lease to the Transferee. When
executed on behalf of the Government,a Novation Agreement will be made part of the Lease via Lease Amendment.
D. In addition to all documents required by FAR 42.1204,the RPLO may request additional information(e.g.,copy of the deed, bill of sale,certificate of
merger, contract, court decree, articles of incorporation, operation agreement, partnership certificate of good standing, etc.) from the Transferor or
Transferee to verify the parties'representations regarding the transfer,and to determine whether the transfer of the Lease is in the Government's interest.
E. If the RPLO determines that recognizing the Transferee as the Lessor will not be in the Government's interest,the Transferor shall remain fully liable
to the Government for the Transferee's performance of obligations under the Lease,notwithstanding the transfer. Under no condition shall the Government
be obligated to release the Transferor of obligations prior to(a)the rent commencement date; and (b)any amounts due and owing to the Government
under the Lease have been paid in full or completely set off against the rental payments due under the Lease.
F. As a condition for being recognized as the Lessor and entitlement to receiving rent,the Transferee must register in the System for Award Management
(SAM)(See FAR 52.232-33), and complete and sign GSA Form 3518-SAM,Addendum to System for Award Management(SAM)Representations and
Certifications(Acquisitions of Leasehold Interests in Real Property).
G. If title to the Property is transferred,or the Lease is assigned,rent shall continue to accrue,subject to the Government's rights as provided for in this
Lease. However, the Government's obligation to pay rent to the Transferee shall be suspended until the Government has received all information
reasonably required by the RPLO under sub-paragraph D, the Government has determined that recognizing the Transferee as the Lessor is in the
Government's interest(which determination will be prompt and not unreasonably withheld), and the Transferee has met all conditions specified in sub-
paragraph F. So long as any delays in effecting the recognition of Transferee as Lessor are not the responsibility of the Government, no interest shall
accrue on suspended rent.
2.07 INTENTIONALLY DELETED
2.08 ADJUSTMENT FOR VACANT PREMISES(SEP 2013)
A. If the Government fails to occupy any portion of the leased Premises or vacates the Premises in whole or in part prior to expiration of the term
of the Lease,the rental rate and the base for operating cost adjustments will be reduced.
B. If no rate reduction has been established in this Lease,the rate will be reduced by that portion of the costs per ABOA SF of operating expenses
not required to maintain the Space. Said reduction shall occur after the Government gives 30 calendar days'prior notice to the Lessor and shall continue
in effect until the Government occupies the vacant Premises or the Lease expires or is terminated.
2.09 INTENTIONALLY DELETED
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SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS
3.01 WORK PERFORMANCE(JUN 2012)
All work in performance of this Lease shall be done by skilled workers or mechanics and shall be acceptable to the RPLO. The RPLO may reject the
Lessor's workers 1)if such are unlicensed,unskilled,or otherwise incompetent,or 2)if such have demonstrated a history of either untimely or otherwise
unacceptable performance in connection with work carried out in conjunction with either this contract or other government or private contracts.
3.02 RECYCLED CONTENT PRODUCTS(COMPREHENSIVE PROCUREMENT GUIDELINES)(SEP 2013)
A. The Lessor shall comply to the extent feasible with the Resource Conservation and Recovery Act(RCRA), Section 6002, 1976. The Lessor shall
use recycled content products as indicated in this Lease and as designated by the U.S. Environmental Protection Agency(EPA)in the Comprehensive
Procurement Guidelines(CPG),40 CFR Part 247, and its accompanying Recovered Materials Advisory Notice(RMAN). The CPG lists the designated
recycled content products. EPA also provides recommended levels of recycled content for these products. The list of designated products, EPA's
recommendations,and lists of manufacturers and suppliers of the products can be found at http://www.epa.gov/cpq.
B. The Lessor, if unable to comply with both the CPG and RMAN lists, shall submit a Request for Waiver for each material to the RPLO with the TI
pricing submittal. The request for waiver shall be based on the following criteria:
1. The cost of the recommended product is unreasonable.
2. Inadequate competition exists.
3. Items are not available within a reasonable period.
4. Items do not meet Lease performance standards.
3.03 ENVIRONMENTALLY PREFERABLE BUILDING PRODUCTS AND MATERIALS(SEP 2013)
A. The Lessor shall use environmentally preferable products and materials. The Lessor is encouraged to consider the lifecycle analysis of the product
in addition to the initial cost.
B. Refer to EPA's environmentally preferable purchasing Web site,www.epa.gov/epp and USDA Bio-Preferred products Web site www biopreferred.qov.
In general,environmentally preferable products and materials do one or more of the following:
1. Contain recycled material,are bio-based,are rapidly renewable(10-year or shorter growth cycle),or have other positive environmental attributes.
2. Minimize the consumption of resources,energy,and water.
3. Prevent the creation of solid waste,air pollution,or water pollution.
4. Promote the use of nontoxic substances and avoid toxic materials or processes.
C. The Lessor is encouraged to use products that are extracted and manufactured regionally.
3.04 EXISTING FIT-OUT,SALVAGED,OR REUSED BUILDING MATERIAL(JUN 2012)
A. Items and materials existing in the Premises,or to be removed from the Premises during the demolition phase,are eligible for reuse in the construction
phase of the project. The reuse of items and materials is preferable to recycling them; however, items considered for reuse shall be in re-furbished
condition and shall meet the quality standards set forth by the Government in this Lease. In the absence of definitive quality standards, the Lessor is
responsible to confirm that the quality of the item(s)in question shall meet or exceed accepted industry or trade standards for first quality commercial
grade applications.
B. The Lessor shall submit a reuse plan to the RPLO. The Government will not pay for existing fixtures and other Tls accepted in place. However,the
Government will reimburse the Lessor, as part of the TIA,the costs to repair or improve such fixtures or improvements identified on the reuse plan and
approved by the RPLO.
3.05 CONSTRUCTION WASTE MANAGEMENT(SUCCEEDING)(JUN 2012)
A. Recycling construction waste is mandatory for initial space alterations for Tls and subsequent alterations under the Lease,
B. Recycling construction waste means providing all services necessary to furnish construction materials or wastes to organizations which will employ
these materials or wastes in the production of new materials. Recycling includes required labor and equipment necessary to separate individual materials
from the assemblies of which they form a part.
C. Submittal Requirement: Prior to construction commencement, a proposed plan following industry standards to recycle construction waste. The
construction waste management plan shall quantify material diversion goals and maximize the materials to be recycled and/or salvaged (at least 50
percent)from construction,demolition,and packaging debris. Where the small quantity of material,the extraordinarily complex nature of the waste disposal
method,or prohibitive expense for recycling would represent a genuine hardship,the Government,upon written request of the Lessor and approval of the
RPLO,may permit alternative means of disposal.
D. The Lessor shall recycle the following items during both the demolition and construction phases of the project,subject to economic evaluation and
feasibility:
}
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1. Ceiling grid and tile
2. Light fixtures, including proper disposal of any transformers,ballasts,and fluorescent light bulbs
3. Duct work and HVAC equipment
4. Wiring and electrical equipment
5. Aluminum and/or steel doors and frames
6. Hardware
7. Drywall
8. Steel studs
9. Carpet,carpet backing,and carpet padding
10.Wood
11. Insulation
12.Cardboard packaging
13. Pallets
14.Windows and glazing materials
15.All miscellaneous metals(as in steel support frames for filing equipment)
16.All other finish and construction materials.
E. If any waste materials encountered during the demolition or construction phase are found to contain lead,asbestos,polychlorinated biphenyls(PCBs)
(such as fluorescent lamp ballasts), or other harmful substances, they shall be handled and removed in accordance with Federal and state laws and
requirements concerning hazardous waste.
F. In addition to providing "one time" removal and recycling of large scale demolition items such as carpeting or drywall, the Lessor shall provide
continuous facilities for the recycling of incidental construction waste during the initial construction.
G. Construction materials recycling records shall be maintained by the Lessor and shall be accessible to the RPLO. Records shall include materials
recycled or land-filled,quantity,date,and identification of hazardous wastes.
3.06 BUILDING SHELL REQUIREMENTS(SEP 2013)
A. The Building Shell shall be designed,constructed,and maintained in accordance with the standards set forth herein and completed prior to acceptance
of Space. For pricing,fulfillment of all requirements not specifically designated as Tls, Building Specific Amortized Capital,Operating Costs,or other rent
components as indicated shall be deemed included in the Shell Rent.
B. Base structure and Building enclosure components shall be complete. All common areas accessible by the Government,such as lobbies,fire egress
corridors and stairwells, elevators, garages, and service areas, shall be complete. Restrooms shall be complete and operational. All newly installed
Building shell components, including but not limited to, heating, ventilation, and air conditioning (HVAC), electrical, ceilings, sprinklers, etc., shall be
furnished, installed, and coordinated with Tls. Circulation corridors are provided as part of the 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(s)necessary to meet code is provided as part of the
shell.
3.07 RESPONSIBILITY OF THE LESSOR AND LESSOR'S ARCHITECT/ENGINEER(SUCCEEDING)(APR 2011)
The Lessor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other
services furnished by the Lessor under this contract. The Lessor shall,without additional compensation,correct or revise any errors or deficiencies in its
designs,drawings,specifications,or other services.
3.08 QUALITY AND APPEARANCE OF BUILDING(SUCCEEDING)(SEPT 2011)
During the life of the Lease the Building shall project a professional and aesthetically pleasing appearance including an attractive front and entrance way.
The facade, downspouts, roof trim,and window casing shall be clean and in good condition.
3.09 VESTIBULES(SUCCEEDING)(APR 2011)
A. Existing vestibules shall remain in place at public entrances and exits wherever weather conditions and heat loss are important factors for
consideration. In the event of negative air pressure conditions,provisions shall be made for equalizing air pressure.
B. Existing grilles and grates shall remain in place to control dirt and particulates from entering the Building at all primary exterior entryways.
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3.10 MEANS OF EGRESS(MAY 2015) 16E 2
A. Prior to occupancy,the Premises and any parking garage areas shall meet or will be upgraded to meet,either the applicable egress requirements in
the National Fire Protection Association, Life Safety Code(NFPA 101),or the International Code Council, International Building Code(IBC),each current
as of the Lease Award Date,or use an alternative approach or method that achieves an equivalent level of safety deemed acceptable by the Government.
B. The Space shall have unrestricted access to a minimum of two remote exits on each floor of Government occupancy.
C. Interlocking or scissor stairs located on the floor(s)where Space is located shall only count as one exit stair.
D. A fire escape located on the floor(s)where Space is located shall not be counted as an approved exit stair.
E. Doors shall not be locked in the direction of egress unless equipped with special locking hardware in accordance with requirements of NFPA 101 or
the IBC.
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3.12 INTENTIONALLY DELETED
3.13 ENERGY INDEPENDENCE AND SECURITY ACT(DEC 2011)
A. The Energy Independence and Security Act(EISA)establishes the following requirements for Government Leases in Buildings that have not earned
the ENERGY STAR@ Label conferred by the Environmental Protection Agency (EPA)within one year prior to the due date for final proposal revisions
("most recent year").
B. If this Lease was awarded under any of EISA's Section 435 statutory exceptions,the Lessor shall either:
1. Earn the ENERGY STAR®Label prior to acceptance of the Space(or not later than one year after the Lease Award Date of a succeeding or
superseding Lease);or
2. Complete energy efficiency and conservation improvements if any, agreed to by Lessor in lieu of earning the ENERGY STAR®Label prior to
acceptance of the Space(or not later than one year after the Lease Award Date of a succeeding or superseding Lease).
C. If this Lease was awarded to a Building to be built or to a Building predominantly vacant as of the due date for final proposal revisions and was unable
to earn the ENERGY STAR@ label for the most recent year (as defined above) due to insufficient occupancy, but was able to demonstrate sufficient
evidence of capability to earn the ENERGY STAR@ label, then Lessor must earn the ENERGY STAR®label within 18 months after occupancy by the
Government.
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3.15 INTENTIONALLY DELETED
3.16 DEMOLITION(JUN 2012)
The Lessor shall remove existing abandoned electric,telephone,and data cabling and devices,as well as any other improvements or fixtures in place to
accommodate the Government's requirements. Any demolition of existing improvements that is necessary to satisfy the Government's layout shall be
done at the Lessor's expense.
3.17 ACCESSIBILITY(FEB 2007)
The Building, leased Space, and areas serving the leased Space shall be accessible to persons with disabilities in accordance with the Architectural
Barriers Act Accessibility Standard (ABAAS), Appendices C and D to 36 CFR Part 1191 (ABA Chapters 1 and 2, and Chapters 3 through 10). To the
extent the standard referenced in the preceding sentence conflicts with local accessibility requirements,the more stringent shall apply.
3.18 CEILINGS(APR 2015)
A complete acoustical ceiling system(which includes grid and lay-in tiles or other Building standard ceiling system as approved by the RPLO)throughout
the Space and Premises shall be required. The acoustical ceiling system shall be furnished,installed,and coordinated with Tls.
A. Ceilings shall be at a minimum 9 feet and 0 inches and no more than 12 feet and 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 Space,with no obvious damage to tiles or
grid.
B. Prior to closing the ceiling,the Lessor shall coordinate with the Government for the installation of any items above the ceiling.
C. Should the ceiling be installed in the Space prior to construction of the Tls, then the Lessor shall be responsible for all costs in regard to the
disassembly,storage during construction,and subsequent re-assembly of any of the ceiling components which may be required to complete the Tls. The
Lessor shall also bear the risk for any damage to the ceiling or any components thereof during the construction of the Tls.
D. Ceilings shall be a flat plane in each room and shall be suspended and finished as follows unless an alternate equivalent is pre-approved by the
RPLO:
1. Restrooms. Plastered or spackled and taped gypsum board.
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2. Offices and conference rooms. Mineral and acoustical tile or lay in panels with textured or patterned surface and regular edges or an equivalent
pre-approved by the RPLO. Tiles or panels shall contain a minimum of 30%recycled content.
3. Corridors and eating/galley areas. Plastered or spackled and taped gypsum board or mineral acoustical tile.
3.19 EXTERIOR AND COMMON AREA DOORS AND HARDWARE(SEP 2013)
A. Exterior Building doors and doors necessary to the lobbies,common areas, and core areas shall be required. This does not include suite entry or
interior doors specific to Tls.
B. Exterior doors shall be weather tight and shall open outward. Hinges, pivots, and pins shall be installed in a manner which prevents removal when
the door is closed and locked. These doors shall have a minimum clear opening of 32"clear wide x 80"high(per leaf). Doors shall be heavy duty,flush,
(1)hollow steel construction,(2)solid core wood,or(3)insulated tempered glass. As a minimum requirement,hollow steel doors shall be fully insulated,
flush, #16-gauge hollow steel. Solid-core wood doors and hollow steel doors shall be at least 1-3/4 inches thick. Door assemblies shall be of durable
finish and shall have an aesthetically pleasing appearance acceptable to the RPLO. The opening dimensions and operations shall conform to the governing
building,fire safety,accessibility,and energy codes and/or requirements. Fire door assemblies shall be listed and labeled.Labels on fire door assemblies
shall be maintained in a legible condition. Fire door assemblies and their accompanying hardware,including frames and closing devices shall be installed
in accordance with the requirements of NFPA 80,Standard for Fire Doors and Other Opening Protectives.
C. Exterior doors and all common area doors shall have door handles or door pulls with heavyweight hinges. All doors shall have corresponding
doorstops(wall or floor mounted)and silencers. All public use doors and restroom doors shall be equipped with kick plates. All doors shall have automatic
door closers. All Building exterior doors shall have locking devices installed to reasonably deter unauthorized entry.
3.20 DOORS: IDENTIFICATION(APR 2011)
All signage required in common areas unrelated to tenant identification shall be provided and installed by the Lessor.
3.21 WINDOWS(SUCCEEDING)(SEPT 2011)
All windows shall be weather tight. Operable windows that open shall be equipped with locks. Off-street,ground-level windows and those accessible from
fire escapes,adjacent roofs, and other structures that can be opened must be fitted with a sturdy locking device. Windows accessible from fire escapes
must be readily operable from the inside of the Building.
3.22 PARTITIONS: GENERAL(APR 2015)
Partitions in public areas shall be marble,granite,hardwood,or drywall covered with durable wall covering or high performance coating,or equivalent pre-
approved by the RPLO. Newly installed gypsum board material must be Greenguard Gold Certified or have 0 grams per liter of VOCs.
3.23 PARTITIONS: PERMANENT(APR 2015)
Permanent partitions shall extend from the structural floor slab to the structural ceiling slab. They shall be provided by the Lessor as part of shell rent as
necessary to surround the Space, stairs,corridors,elevator shafts, restrooms,all columns,and janitor closets. They shall have a flame spread rating of
25 or less and a smoke development rating of 450 or less (ASTM E-84). Stairs, elevators, and other floor openings shall be enclosed by partitions and
shall have the fire resistance required by the applicable building code,fire code and ordinances adopted by the jurisdiction in which the Building is located
(such as the International Building Code, etc.)current as of the Lease Award Date. Newly installed gypsum board material must be Greenguard Gold
Certified or have 0 grams per liter of VOCs.
3.24 INSULATION: THERMAL,ACOUSTIC,AND HVAC(SEP 2013)
A. All insulation products shall contain recovered materials as required by EPA's CPG and related recycled content recommendations.
B. No insulation installed with this project shall be material manufactured using chlorofluorocarbons(CFCs), nor shall CFCs be used in the installation
of the product.
C. All insulation containing fibrous materials exposed to air flow shall be rated for that exposure or shall be encapsulated.
D. Insulating properties for all materials shall meet or exceed applicable industry standards. Polystyrene products shall meet American Society for
Testing and Materials(ASTM)C578 91.
E. All insulation shall be low emitting with not greater than.05 ppm formaldehyde emissions.
F. The maximum flame spread and smoke developed index for insulation shall meet the requirements of the applicable local codes and ordinances
(current as of the Lease Award Date)adopted by the jurisdiction in which the Building is located.
3.25 WALL FINISHES—SHELL(SUCCEEDING)(JUN 2012)
A. All restrooms within the Building common areas of Government-occupied floors shall have 1)ceramic tile,recycled glass tile,or comparable wainscot
from the finished floor to a minimum height of 4'-6"and 2)semi gloss paint on remaining wall areas,or other finish approved by the Government.
B. All elevator areas that access the Space and hallways accessing the Space shall be covered with wall coverings not less than 20 ounces per square
yard,high performance paint,or an equivalent.
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3.26 PAINTING-SHELL(JUN 2012) 16E 2
A. 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 Space shall be spackled and prime painted with low volatile organic compounds(VOC)primer. If any Building shell
areas are already painted prior to Tls,then the Lessor shall repaint,at the Lessor's expense,as necessary during Tls.
B. The costs for cyclical painting requirements as outlined in Section 6 shall be included in the shell rent.
3.27 FLOORS AND FLOOR LOAD(APR 2015)
A. All adjoining floor areas shall be of a common level not varying more than 1/4 inch over a 10-foot horizontal run in accordance with the American
Concrete Institute standards,non-slip,and acceptable to the RPLO.
B. Under-floor surfaces shall be smooth and level. Office areas shall have a minimum live load capacity of 50 pounds per ABOA SF plus 20 pounds
per ABOA SF for moveable partitions. Storage areas shall have a minimum live load capacity of 100 pounds per ABOA SF,including moveable partitions.
Lessor may be required to provide a report by a registered structural engineer showing the floor load capacity,at the Lessor's expense. Calculations and
structural drawings may also be required.
3.28 FLOOR COVERING AND PERIMETERS—SHELL(SUCCEEDING)(JUN 2012)
A. All Building common areas shall have finished floors,as currently provided.
B. The costs for cyclical carpet replacement requirements as outlined in Section 6 shall be included in the shell rent.
3.29 MECHANICAL,ELECTRICAL,PLUMBING: GENERAL(APR 2011)
The Lessor shall provide and operate all Building equipment and systems in accordance with applicable technical publications, manuals, and standard
procedures. Mains, lines,and meters for utilities shall be provided by the Lessor. Exposed ducts,piping,and conduits are not permitted in office Space.
3.30 BUILDING SYSTEMS(APR 2011)
Whenever requested, the Lessor shall furnish to USDA as part of shell rent, a report by a registered professional engineer(s)showing that the Building
and its systems as designed and constructed will satisfy the requirements of this Lease.
3.31 ELECTRICAL(JUN 2012)
A. The Lessor shall be responsible for meeting the applicable requirements of local codes and ordinances. When codes conflict,the more stringent
standard shall apply. Main service facilities shall be enclosed. The enclosure may not be used for storage or other purposes and shall have door(s)fitted
with an automatic deadlocking latch bolt with a minimum throw of 1/2 inch. Main distribution for standard office occupancy shall be provided at the Lessor's
expense. All floors shall have 120/208 V, 3-phase, 4-wire with bond, 60 hertz electric service available. In no event shall such power distribution (not
including lighting and HVAC)for the Space fall below 4 watts per ABOA SF.
B. 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 and 10 percent spare load capacity. Distribution panels are required to
accommodate circuit breakers for the actual calculated needs and 10 percent spare circuits that will be equivalent to the majority of other circuit breakers
in the panel system. Fuses and circuit breakers shall be plainly marked or labeled to identify circuits or equipment supplied through them.
C. Convenience outlets shall be installed in accordance with NFPA Standard 70, National Electrical Code,or local code,whichever is more stringent.
The Lessor shall provide duplex utility outlets in restrooms,corridors,and dispensing areas.
3.32 INTENTIONALLY DELETED
3.33 DRINKING FOUNTAINS(APR 2011)
On each floor of Government-occupied Space,the Lessor shall provide a minimum of two drinking fountains with chilled potable water within 200 feet of
travel from any Government-occupied area on the floor, The fountains shall comply with Section F211 of the Architectural Barriers Act Accessibility
Standard.
3.34 RESTROOMS(SEP 2013)
A. If no new construction or major renovation of a restroom is occurring, compliance with local code is sufficient. Separate restroom facilities for men
and women shall be provided in accordance with local code or ordinances,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, on one floor to reach the restrooms. Each restroom shall have sufficient
water closets enclosed with modern stall partitions and doors,urinals(in men's room),and hot(set in accordance with applicable building codes)and cold
water. Water closets and urinals shall not be visible when the exterior door is open.
B. Each main restroom shall contain the following:
1. A mirror and shelf above the lavatory
2. A toilet paper dispenser in each water closet stall that will hold at least two rolls and allow easy, unrestricted dispensing.
3. A coat hook on the inside face of the door to each water closet stall and on several wall locations by the lavatories.
4. At least one modern paper towel dispenser,soap dispenser,and waste receptacle for every two lavatories.
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5. A coin-operated sanitary napkin dispenser in women's restrooms with a waste receptacle in each water closet stall.
6. A disposable toilet seat cover dispenser.
7. 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 interrupter-type convenience outlet located adjacent to the counter area. The counter should be installed to minimize pooling or
spilling of water at the front edge.
8. A floor drain.
9. For new installations and major renovations,restroom partitions shall be made from recovered materials as listed in EPA's CPG.
3.35 PLUMBING FIXTURES:WATER CONSERVATION(DEC 2011)
For new installations and whenever plumbing fixtures are being replaced(replacement per floor is required prior to Lease commencement in all instances
of nonconformance where the Government occupies the full floor):
A. Water closets must conform to EPA WaterSense or fixtures with equivalent flush volumes must be utilized.
B. Urinals must conform to EPA WaterSense or fixtures with equivalent flush volumes must be utilized. Waterless urinals are acceptable.
C. Faucets must conform to EPA WaterSense or fixtures with equivalent flow rates must be utilized. Information on EPA WaterSense fixtures can be
found at http://www.epa.gov/watersense/.
3.36 INTENTIONALLY DELETED
3.37 HEATING VENTILATION AND AIR CONDITIONING—SHELL(SEP 2013)
A. Central HVAC systems shall be installed and operational, including, as appropriate, main and branch lines, VAV boxes, dampers, flex ducts, and
diffusers,for an open office layout,including all Building common areas. The Lessor shall provide conditioned air through medium pressure duct work at
a rate of.75 cubic feet per minute per ABOA SF and systems shall be designed with sufficient systems capacity to meet all requirements in this Lease.
B. Areas having excessive heat gain or heat loss,or affected by solar radiation at different times of the day,shall be independently controlled.
C. Equipment Performance. Temperature control for office Spaces shall be provided by concealed central heating and air conditioning equipment. The
equipment shall maintain Space temperature control over a range of internal load fluctuations of plus 0.5 W/SF to minus 1.5 W/SF from initial design
requirements of the tenant.
D. Ductwork Re-use and Cleaning. Any ductwork to be reused and/or to remain in place shall be cleaned, tested, and demonstrated to be clean in
accordance with the standards set forth by NADCA. The cleaning,testing,and demonstration shall occur immediately prior to Government occupancy to
avoid contamination from construction dust and other airborne particulates.
E. During working hours in periods of heating and cooling, ventilation shall be provided in accordance with the latest edition of American Society of
Heating, Refrigeration and Air-Conditioning Engineers(ASHRAE)Standard 62.1,Ventilation for Acceptable Indoor Air Quality.
F. Air filtration shall be provided and maintained with filters having a minimum efficiency rating as determined by the latest edition of ASHRAE Standard
52.2, Method of Testing General Ventilation Air Cleaning Devices for Removal Efficiency by Particle Size. Pre-filters shall have a Minimum Efficiency
Reporting Value(MERV)efficiency of 8. Final filters shall have a MERV efficiency of 13.
G. Restrooms shall be properly exhausted,with a minimum of 10 air changes per hour.
3.38 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT(SUCCEEDING)(SEPT 2011)
Telecommunications switch rooms,wire closets,and related spaces shall meet applicable NFPA standards. Bonding and grounding shall be in accordance
with NFPA Standard 70, National Electrical Code,and other applicable NFPA standards and/or local code requirements.
3.39 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS(JUN 2012)
A. The Government may elect to contract its own telecommunications(voice,data,video,Internet or other emerging technologies)service in the Space.
The Government may contract with one or more parties to have INS wiring(or other transmission medium)and telecommunications equipment installed.
B. The Lessor shall allow the Government's designated telecommunications providers access to utilize existing Building wiring to connect its services
to the Government's Space. If the existing Building wiring is insufficient to handle the transmission requirements of the Government's designated
telecommunications providers, the Lessor shall provide access from the point of entry into the Building to the Government's floor Space, subject to any
inherent limitations in the pathway involved.
C. The Lessor shall allow the Government's designated telecommunications providers to affix telecommunications antennas (high frequency, mobile,
microwave, satellite, or other emerging technologies), subject to weight and wind load conditions, to roof, parapet, or Building envelope as required.
Access from the antennas to the Premises shall be provided.
D. The Lessor shall allow the Government's designated telecommunications providers to affix antennas and transmission devices throughout the Space
and in appropriate common areas frequented by the Government's employees to allow the use of cellular telephones and communications devices
necessary to conduct business.
3.40 LIGHTING: INTERIOR AND PARKING-SHELL(SUCCEEDING)C (SEP 2013)
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NOTE: FOR PRICING ESTIMATING PURPOSES,FIXTURES WILL BE INSTALLED AT THE AVERAGE RATIO OF 1 FIXTURE PER 80 ABOA SF.
A. Interior Fixtures: High efficiency T-8, T-5,or LED light fixtures(and associated ballasts or drivers)shall be installed as either ceiling grid or pendant
mounted for an open-office plan.Ceiling grid fixtures shall be either 2'wide by 4'long or 2'wide by 2'long. Lessor shall provide,as part of Shell Rent,a
minimum overall lighting fixture efficiency of 85 percent. Lamps shall maintain a uniform color level throughout the lease term.
B. Lighting Levels: Fixtures shall have a minimum of two tubes and shall provide 50 foot-candles at desktop level (30" above finished floor)with a
maximum uniformity ratio of 1.5:1. Lessor shall provide,as part of Shell Rent, 10 average foot-candles in all other Building areas within the Premises with
a uniformity ratio of 4:1.Emergency egress lighting levels shall be provided in accordance with the local applicable building codes(but not less than 1 foot-
candle)by either an onsite emergency generator or fixture mounted battery packs.
C. Power Density:The maximum fixture power density shall not exceed 1.4 watts per ABOA SF.
D. Davlighting Controls: If the Lease is more than 10,000 ABOA SF,the Lessor shall provide daylight dimming controls in atriums or within 15 feet of
windows and skylights where daylight can contribute to energy savings. Daylight harvesting sensing and controls shall be either integral to the fixtures or
ceiling mounted and shall maintain required lighting levels in work spaces.
E. Occupancv/Vacancy Sensors: The Lessor shall provide ceiling mount occupancy sensors, or vacancy sensors (preferred), or scheduling controls
through the building automation system (BAS) throughout the Space in order to reduce the hours that the lights are on when a particular space is
unoccupied. No more than 1,000 square feet shall be controlled by any one sensor. Occupancy sensors in enclosed rooms shall continue to operate
after the BAS has shutdown the building at the end of the workday.
F. Building Perimeter:
1. Exterior parking areas, vehicle driveways, pedestrian walks, and the Building perimeter lighting levels shall be designed per Illuminating
Engineering Society (IES) standards. Provide 5 foot-candles for doorway areas, 3 foot-candles for transition areas and at least 5 foot-candles
throughout the parking lot. Parking lot fixtures shall provide a maximum to minimum uniformity ratio of 10:1.
2. If the leased space is 100 percent occupied by Government tenants,all exterior parking lot fixtures shall be"Dark Sky"compliant with no property
line trespass.
G. Parking Structures:The minimum illuminance level for parking structures is 5 foot-candles as measured on the floor with a uniformity ratio of 10:1.
H. Parking Sensors: If the leased space is 100 percent occupied by Government tenants, exterior parking area and parking structure lighting shall be
sensor or BAS controlled in order that it may be programmed to produce reduced lighting levels during non use. This non-use time period will normally
be from 11:00 pm to 6:00 am.
I. Exterior Power Backup: Exterior egress,walkway, parking lot,and parking structure lighting must have emergency power backup to provide for safe
evacuation of the Building.
3.41 ACOUSTICAL REQUIREMENTS(JUN 2012)
A. Reverberation Control. Private office and conference rooms using suspended acoustical ceilings shall have a noise reduction coefficient(NRC)of
not less than 0.65 in accordance with ASTM C-423. Open office using suspended acoustical ceilings shall have an NRC of not less than 0.75. Private
offices, conference rooms,and open offices using acoustical cloud or acoustical wall panels with a minimum of 70%coverage shall have an NRC of not
less than 0.85.
B. Ambient Noise Control. Ambient noise from mechanical equipment shall not exceed noise criteria curve(NC)35 in accordance with the ASHRAE
Handbook of Fundamentals in offices and conference rooms; NC 40 in corridors,cafeterias,lobbies,and restrooms; NC 50 in other spaces.
C. Noise Isolation. Rooms separated from adjacent spaces by ceiling high partitions (not including doors)shall not be less than the following noise
isolation class(NIC)standards when tested in accordance with ASTM E-336:
Conference rooms: NIC 40
Offices: NIC 35
D. Testing. The RPLO may require, at Lessor's expense, test reports by a qualified acoustical consultant showing that acoustical requirements have
been met.
3.42 INDOOR AIR QUALITY DURING CONSTRUCTION(SEP 2013)
A. The Lessor shall provide to the Government material safety data sheets(MSDS)or other appropriate documents upon request, but prior to
installation or use for the following products, including but not limited to,adhesives,caulking,sealants,insulating materials,fireproofing or fire stopping
materials,paints,carpets,floor and wall patching or leveling materials, lubricants,clear finishes for wood surfaces,janitorial cleaning products,and pest
control products.
B. The RPLO may eliminate from consideration products with significant quantities of toxic,flammable,corrosive,or carcinogenic material and products
with potential for harmful chemical emissions. Materials used often or in large quantities will receive the greatest amount of review.
C. All MSDS shall comply with Occupational Safety and Health Administration(OSHA)requirements. The Lessor and its agents shall comply with all
recommended measures in the MSDS to protect the health and safety of personnel.
D. To the greatest extent possible,the Lessor shall sequence the installation of finish materials so that materials that are high emitters of volatile
organic compounds(VOCs)are installed and allowed to cure before installing interior finish materials,especially soft materials that are woven,fibrous,
or porous in nature,that may adsorb contaminants and release them over time.
LEASE NO. 57-4209-15-003,PAGE 15 LESSOR:�01-GOVERNMENT: GSA FORM L202(05/15)
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E. Where demolition or construction work occurs adjacent to occupied Space,the Lessor shall erect appropriate barriers(noise, dust,odor,etc.)and
take necessary steps to minimize interference with the occupants. This includes maintaining acceptable temperature, humidity,and ventilation in the
occupied areas during window removal,window replacement,or similar types of work.
F. HVAC during Construction: If air handlers are used during construction,the Lessor shall provide filtration media with a MERV of 8 at each return
air grill,as determined by the latest edition of ASHRAE Standard 52.2,Method of Testing General Ventilation Air Cleaning Devices for Removal
Efficiency by Particle Size. The permanent HVAC system may be used to move both supply and return air during the construction process only if the
following conditions are met:
1. A complete air filtration system with 60 percent efficiency filters is installed and properly maintained;
2. No permanent diffusers are used;
3. No plenum type return air system is employed;
4. The HVAC duct system is adequately sealed to prevent the spread of airborne particulate and other contaminants;and
5. Following the Building"flush out,"all duct systems are vacuumed with portable high-efficiency particulate arrestance(NEPA)vacuums and
documented clean in accordance with National Air Duct Cleaners Association(NADCA)specifications.
G. Flush-Out Procedure:
1. A final flush-out period of 72 hours minimum is required after installation of all interior finishes and before occupancy of the Space. The
Lessor shall ventilate 24 hours a day,with new filtration media at 100%outdoor air(or maximum outdoor air while achieving a relative humidity not
greater than 60%).
2. After the 3-day period the Space may be occupied;however,the flush-out must continue for 30 days using the maximum percentage of
outdoor air consistent with achieving thermal comfort and humidity control.
3. Any deviation from this ventilation plan must be approved by the RPLO.
4. The Lessor is required to provide regularly occupied areas of the Space with new air filtration media before occupancy that provides a MERV
of 13 or better.
5. During construction,meet or exceed the recommended design approaches of the Sheet Metal and Air Conditioning National Contractors
Association(SMACNA)IAQ Guideline for Occupied Buildings Under Construction, 1995, Chapter 3
6. Protect stored onsite and installed absorptive materials from moisture damage.
3.43 SYSTEMS COMMISSIONING(APR 2011)
The Lessor shall incorporate commissioning requirements to verify that the installation and performance of energy consuming systems meet the
Government's project requirements. The commissioning shall cover only work associated with Tls or alterations or at a minimum:heating,ventilating,air
conditioning and refrigeration(HVAC&R)systems and associated controls,lighting controls,and domestic hot water systems.
3.44 INTENTIONALLY DELETED
3.45 INTENTIONALLY DELETED
LEASE NO. 57-4209-15-003,PAGE 16 LESSORCL1'GOVERNMENT: GSA FORM L202(05/15)
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SECTION 4 DESIGN, CONSTRUCTION, AND POST AWARD ACTIVITIES
4.01 SCHEDULE FOR COMPLETION OF SPACE(SUCCEEDING)(JUN 2012)
Design and construction activities for the Space shall commence upon Lease award.
Construction of Tls and completion of other required construction work: The Lessor shall complete all work as required in this Lease not later than 0
Working Days following Lease award.
4.02 INTENTIONALLY DELETED
4.03 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY(SUCCEEDING)(MAY 2015)
A. The Government shall accept the Space only if the construction of Building shell and Tls conforming to this Lease is substantially complete, a
Certificate of Occupancy (C of 0) has been issued as set forth below and the Building improvements necessary for acceptance as described in the
paragraph"Building Improvements"are completed.
B. The Space shall be considered substantially complete only if the Space may be used for its intended purpose and completion of remaining work will
not interfere unreasonably with the Government's enjoyment of the Space. Acceptance shall be final and binding upon the Government with respect to
the completion of the Tls,with the exception of items identified on a punch list generated as a result of the inspection,concealed conditions,latent defects,
or fraud, but shall not relieve the Lessor of any other Lease requirements.
C. The Lessor shall provide a valid C of 0, issued by the local jurisdiction, for the intended use of the Government. If the local jurisdiction does not
issue C of O's or if the C of 0 is not available,the Lessor may satisfy this condition by providing a report prepared by a licensed fire protection engineer
that indicates the Space and Building are compliant with all applicable local codes and ordinances and all fire protection and life safety-related requirements
of this Lease.
D. At acceptance,the Lease term shall commence and the Lease Term Commencement Date shall be memorialized by Lease Amendment.
E. The Government will not be required to accept space prior to the schedule outlined in this Lease.
4.04 AS-BUILT DRAWINGS(JUN 2012)
Not later than 30 days after the acceptance of the Space,the Lessor,at Lessor's expense, shall furnish to the Government a complete set of Computer
Aided Design (CAD)files of as-built floor plans showing the Space under Lease, as well as corridors, stairways, and core areas. The plans shall have
been generated by a CAD program which is compatible with the latest release of AutoCAD. The required file extension is".DWG." Clean and purged files
shall be submitted on CD-ROM. They shall be labeled with Building name,address,list of drawing(s), date of the drawing(s),and Lessor's architect and
architect's phone number. The Lessor's operator shall demonstrate the submission on USDA equipment,if requested by the RPLO.
4.05 INTENTIONALLY DELETED
LEASE NO. 57-4209-15-003,PAGE 17 LESSOR:D(AA-'GOVERNMENT: GSA FORM L202(05115)
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SECTION 5 TENANT IMPROVEMENT COMPONENTS
5.01 TENANT IMPROVEMENT REQUIREMENTS(SEP 2013)
The Tls shall be designed, constructed, and maintained in accordance with the standards set forth in this Lease. For pricing, only those requirements
designated as Tls within this section,or designated as Tls within the attached agency requirements and Security Requirements,shall be deemed to be TI
costs.
5.02 FINISH SELECTIONS(SUCCEEDING)(SEPT 2011)
The Lessor must consult with the Government prior to developing a minimum of three(3)finish options to include coordinated samples of finishes for all
interior elements such as paint,wall coverings, base coving,carpet,window treatments, laminates,and flooring. All samples provided must comply with
specifications set forth elsewhere in this Lease. All required finish option samples must be provided at no additional cost to the Government within 10
Working Days after Lease award. USDA must deliver necessary finish selections to the Lessor within 10 Working Days after receipt of samples. The
finish options must be approved by USDA prior to installation. The Lessor may not make any substitutions after the finish option is selected.
5.03 DOORS: INTERIOR(SUCCEEDING)(SEP 2013)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease:
Doors within the Space shall be provided as part of the Tls and shall have a minimum clear opening of 32"wide x 80"high. Doors shall be flush, solid
core,wood with a natural wood veneer face or an equivalent door pre-approved by the RPLO. Hollow core wood doors are not acceptable. They shall
be operable with a single effort,and shall meet the requirements of NFPA 101,Life Safety Code or the International Building Code(current as of the Lease
Award Date). Doors shall be installed in a metal frame assembly which is primed and finished with a low VOC semi-gloss oil-based paint with no
formaldehyde.
5.04 DOORS: HARDWARE(SUCCEEDING)(SEP 2013)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease:
Doors shall have door handles or door pulls with heavyweight hinges. The Lessor is encouraged to avoid the use of chrome-plated hardware. All doors
shall have corresponding doorstops(wall-or floor-mounted)and silencers. All door entrances leading into the Space 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. Furnish at least two master keys for each lock to the Government. Any exterior entrance shall have a high security lock,with
appropriate key control procedures,as determined by Government specifications. Hinge pins and hasps shall be secured against unauthorized removal
by using spot welds or pinned mounting bolts. The exterior side of the door shall have a lock guard or astragal to prevent tampering of the latch hardware.
Doors used for egress only shall not have any operable exterior hardware. All security-locking arrangements on doors used for egress shall comply with
requirements of NFPA 101or the International Building Code current as of the Lease Award Date.
5.05 PARTITIONS: SUBDIVIDING(SUCCEEDING)(SEP 2013)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease:
A. Office subdividing partitions shall comply with applicable building codes and local requirements and ordinances shall be provided as part of the Tls.
Partitioning shall extend from the finished floor to the finished ceiling and shall be designed to provide a minimum sound transmission class(STC)of 37.
They shall have a flame spread rating of 25 or less and a smoke development rating of 450 or less(ASTM E-84).
B. HVAC shall be rebalanced and lighting repositioned,as appropriate,after installation of partitions.
C. If installed in accordance with the "Automatic Fire Sprinkler System" and "Fire Alarm System" paragraphs, sprinklers and fire alarm notification
appliances shall be repositioned as appropriate after installation of partitions to maintain the level of fire protection and life safety.
5.06 WALL FINISHES(JUN 2012)
If the Government chooses to install a wall covering,the minimum standard is vinyl-free,chlorine-free,plasticizer-free wall covering with recycled content
or bio-based commercial wall covering weighing not less than 13 ounces per square yard or equivalent. If the Government chooses to install a high-
performance paint coating,it shall comply with the VOC limits of the Green Seal Standard GS-11.
5.07 PAINTING—TI(SEP 2013)
A. Prior to acceptance, all surfaces within the Space which are designated by USDA for painting shall be newly finished in colors acceptable to the
Government.
B. The Lessor shall provide interior paints and coatings that meet or are equivalent to the following standards for VOC off gassing:
1. Topcoat paints:Green Seal Standard GS-11, Paints, First Edition, May 20, 1993.
2. All other architectural coatings, primers,and undercoats: South Coast Air Quality Management District(SCAQMD)Rule 1113, Architectural
Coatings,effective January 1,2004.
3. Architectural paints,coatings,and primers applied to interior walls and ceilings:
a. Flats: 50 grams per liter(g/L).
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?GOVERNMENT: GSA FORM L202(05/15)
b. Non-flats: 150 g/L.
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4. Anti-corrosive and anti-rust paints applied to interior ferrous metal substrates:250 g/L.
5. Clear wood finishes:
a. Varnish:350 g/L.
b. Lacquer:550 g/L.
6. Floor coatings: 100 g/L.
7. Sealers:
a. Waterproofing sealers:250 g/L.
b. Sanding sealers:275 g/L.
c. All other sealers:200 g/L.
8. Shellacs:
a. Clear:730 g/L.
b. Pigmented:550 g/L.
9. Stains:250 g/L.
C. Use reprocessed latex paint in accordance with EPA's CPG(Comprehensive Procurement Guidelines)on all painted surfaces where feasible. The
type of paint shall be acceptable to the Government.
5.08 FLOOR COVERINGS AND PERIMETERS(APR 2015)
A. Carpet tiles shall meet the requirements set forth in the specifications below. Floor perimeters at partitions shall have wood, rubber,vinyl, or carpet
base. Floor covering shall be installed in accordance with manufacturing instructions to lay smoothly and evenly.
B. The use of existing carpet may be approved by the Government;however,existing carpet shall be repaired,stretched,and cleaned before occupancy
and shall meet the static buildup requirement as stated in the specifications below.
C. Any alternate flooring shall be pre-approved by the Government.
D. Specifications for Carpet to be Newly Installed or Replaced:
1. Product sustainability and environmental requirements. In order to achieve superior performance in multiple environmental attribute areas,
carpet must have third party certification in accordance with ANSI/NSF 140 2007e Sustainable Carpet Assessment Standard at a "Gold" level
minimum. Carpet manufacturer must supply certificate as part of the procurement documentation.
2. Recycled content: Recycled content is measured by total product weight of pre-consumer and/or post-consumer materials. Recycled content
must be at least 10%post-consumer recovered content.
3. Low emitting materials. The carpet and floor adhesive(for glue-down installations)must meet the Green Label Plus(GLP)and floor adhesive
(for direct glue down) requirements of the Carpet and Rug Institute (CRI). GLP number must be provided. Adhesives must meet VOC content
standards per South Coast Air Quality Management District Rule#1168.
4. Face fiber content. Face yarn must be 100 percent nylon fiber. Loop Pile shall be 100 percent Bulk Continuous Filament(BCF);cut and loop
shall be 100 percent BCF for the loop portion and may be BCF or staple for the cut portion;cut pile carpet shall be staple or BCF.
5. Performance requirements for broadloom and modular tile.
a. Static: Less than or equal to 3.5 kV when tested by AATCC Test Method 134(Step Test Option).
b. Flammability:Meets CPSC-FF-1-70, DOC-FF-1-70 Methenamine Tablet Test criteria.
c. Flooring Radiant Panel Test: Meets NFPA 253 Class I or II depending upon occupancy and fire code when tested under ASTM E-648 for
glue down installation.
d. Smoke Density: NBS Smoke Chamber-Less than 450 Flaming Mode when tested under ASTM E-662.
NOTE: Testing must be performed in a NVLAP accredited laboratory.
6. Texture Appearance Retention Rating(TARR). Carpet must meet TARR ratings specified below:
Space Definition Traffic TARR
Classification Classification
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Private Offices Moderate >_3.0 TARR
Training,conference,courtrooms,etc. Heavy >_3.0 TARR
Open Office,cafeteria,corridors,lobbies Severe >3.5 TARR
The carpet must be evaluated using ASTM D-5252 Hexapod Drum Test as per the commercial carpet test procedure and the TARR classification
determined using ASTM D-7330.
7. Carpet reclamation. Reclamation of existing carpet to be determined with potential vendor. When carpet is replaced, submit certification
documentation from the reclamation facility to the RPLO.
8. Warranty. Submit a copy of the manufacturer's standard warranty to the RPLO within the first 60 days of Government occupancy. The
Government is to be a beneficiary of the terms of this warranty.
5.09 HEATING AND AIR CONDITIONING(SUCCEEDING)(JUN 2012)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease:
Zone Control. Provide individual thermostat control for office Space with control areas not to exceed 1,500 ABOA SF. Interior spaces must be separately
zoned. Specialty occupancies(conference rooms,kitchens,etc.)must have active controls capable of sensing Space use and modulating HVAC system
in response to Space demand. Areas that routinely have extended hours of operation shall be environmentally controlled through dedicated heating and
air conditioning equipment. Special purpose areas(such as photocopy centers,large conference rooms, computer rooms, etc.)with an internal cooling
load in excess of 5 tons shall be independently controlled. Provide concealed package air conditioning equipment to meet localized spot cooling of tenant
special equipment. Portable space heaters are prohibited.
5.10 ELECTRICAL: DISTRIBUTION(SUCCEEDING)(JUN 2012)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease:
A. All electrical outlets shall be installed in accordance with NFPA Standard 70.
B. All outlets within the Space 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. Outlet cover colors shall be coordinated with partition finish selections.
C. The Lessor shall in all cases safely conceal outlets and associated wiring(for electricity, voice, and data)to the workstation(s)in partitions, ceiling
plenums,in recessed floor ducts,under raised flooring,or by use of a method acceptable to the Government.
5.11 LIGHTING: INTERIOR AND PARKING—TI(SUCCEEDING)(SEP 2013)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease:
A. Fixtures: The Lessor shall provide interior lighting to comply with requirements under the paragraph, "Lighting: Interior and Parking — Shell
(Succeeding)."
B. Building Perimeter:There may be additional requirements for lighting in exterior parking areas,vehicle driveways,pedestrian walkways,and Building
perimeter in the Security Requirements attached to this Lease.
LEASE NO. 57-4209-15-003,PAGE 20 LESSOR: .(1,(3 GOVERNMENT: GSA FORM L202(05/15)
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SECTION 6 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM
6.01 PROVISION OF SERVICES,ACCESS,AND NORMAL HOURS(JUN 2012)
A. The Government's normal hours of operations are established as 6:00 AM to 6:00 PM,Monday through Friday,with the exception of Federal holidays.
Services,maintenance,and utilities shall be provided during these hours. The Government shall have access to the Premises and its Appurtenant Areas
at all times without additional payment,including the use,during other than normal hours,of necessary services and utilities such as elevators,restrooms,
lights,and electric power. Cleaning shall be performed during normal hours.
B. The Lessor and the Lessor's representatives, employees and contractors shall demonstrate a cooperative, positive, welcoming, respectful,
professional and business-like demeanor and shall present a neat,clean,job-appropriate(professional)appearance.
6.02 UTILITIES(APR 2011)
The Lessor is responsible for providing all utilities necessary for base Building and tenant operations as part of the rental consideration.
6.03 INTENTIONALLY DELETED
6.04 UTILITY CONSUMPTION REPORTING(JUN 2012)
Upon request from the REAL PROPERTY LEASING OFFICER or Contracting Officer's Representative,the Lessor shall provide regular quarterly reports
of the amount of all utilities consumed at the Building in monthly detail for the duration of the Lease. These reports must be provided within 45 days of the
end of each quarterly period and shall be in either written or electronic form, as requested by the Government. The reports shall contain the number of
actual units consumed. If reports are available detailing only the Government's consumption,then the reports shall be limited solely to the Government's
consumption.Additionally, said reports shall indicate, for each utility being reported, the use of the specific utility. For example, electricity consumption
shall indicate if it includes heating or air conditioning,and if so,whether just diffusers or diffusers and heating are included in electricity consumption.
6.05 HEATING AND AIR CONDITIONING(SEP 2014)
A. In all office areas,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. The Lessor shall perform any necessary systems start-up required to meet the commercially equivalent
temperature levels prior to the first hour of each day's operation. At all times, humidity shall be maintained below 60%relative humidity.
B. During non-working hours, heating temperatures shall be set no higher than 55° Fahrenheit, and air conditioning shall not be provided except as
necessary to return Space temperatures to a suitable level for the beginning of working hours. Thermostats shall be secured from manual operation by
key or locked cage. A key shall be provided to the Government's designated representative.
C. Thermal comfort. During all working hours, comply with the latest edition of ASHRAE Standard 55, Thermal Comfort Conditions for Human
Occupancy.
D. Warehouse or garage areas require heating and ventilation only. Cooling of this Space is not required. Temperature of warehouse or garage areas
shall be maintained at a minimum of 50°Fahrenheit.
E. The Lessor shall conduct HVAC system balancing after any HVAC system alterations during the term of the Lease and shall make a reasonable
attempt to schedule major construction outside of office hours.
F. Normal HVAC systems'maintenance shall not disrupt tenant operations.
G. 75-100 ABOA SF of the Premises shall receive cooling at all times(24 hrs a day, 365 days a year)for purposes of cooling the designated server
room. The temperature of this room shall be maintained at 68-75 degrees F, with humidity control not to exceed 55% relative humidity, regardless of
outside temperature or seasonal changes. Notwithstanding the foregoing,Lessor shall provide this service at no additional cost to the Government if the Lessor
provides this service to other tenants in the Building at no additional charge.
6.06 INTENTIONALLY DELETED
6.07 JANITORIAL SERVICES(JUN 2012)
The Lessor shall maintain the Premises and all areas of the Property to which the Government has routine access in a clean condition and shall provide
supplies and equipment for the term of the Lease. The following schedule describes the level of services intended. Performance will be based on the
RPLO's evaluation of results,not the frequency or method of performance.
A. Three times a week. Empty trash receptacles. Sweep entrances, lobbies, and corridors. Clean drinking fountains. Sweep and damp mop or scrub
restrooms.Clean all restroom fixtures,and replenish restroom supplies.Dispose of all trash and garbage generated in or about the Building.Dust horizontal
surfaces that are readily available and visibly require dusting. Clean glass entry doors to the Space.
B. This sup-paragraph has been intentionally deleted.
C. Weekly. Sweep or vacuum stairs. Damp mop and spray buff all resilient floors in restrooms and health units. Sweep sidewalks, parking areas, and
driveways(weather permitting).
D. This sub-paragraph has been intentionally deleted.
E. Monthly. Thoroughly dust furniture. Completely sweep and/or vacuum(� carpets.Sweep storage Space.
LEASE NO. 57-4209-15-003,PAGE 21 LESSOR' C1 GOVERNMENT: GSA FORM L202(05/15)
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F. Every two months. Damp wipe restroom wastepaper receptacles,stall partitions,doors,window sills,and frames.
G. Three times a year. Dust wall surfaces within 70 inches of the floor, vertical surfaces and under surfaces. Clean metal and marble surfaces in
lobbies.Wet mop or scrub garages.
H. Twice a year.Wash all interior and exterior windows and other glass surfaces.Strip and apply four coats of finish to resilient floors in restrooms.Strip
and refinish main corridors and other heavy traffic areas.
I. Annually.Wash all venetian blinds,and dust 6 months from washing. Vacuum or dust all surfaces in the Building more than 70 inches from the floor,
including light fixtures.Vacuum all draperies in place.Strip and refinish floors in offices and secondary lobbies and corridors.Shampoo carpets in corridors
and lobbies.Clean balconies,ledges,courts,areaways,and flat roofs.
J. Every two years. Shampoo carpets in all offices and other non-public areas.
K. This sub-paragraph has been intentionally deleted.
L. As required. Properly maintain plants and lawns. Provide initial supply, installation, and replacement of light bulbs, tubes, ballasts, and starters.
Provide and empty exterior ash cans and clean area of any discarded cigarette butts.
M. Pest control. Control pests as appropriate, using Integrated Pest Management techniques, as specified in the GSA Environmental Management
Integrated Pest Management Technique Guide(E402-1001)
6.08 SELECTION OF CLEANING PRODUCTS(APR 2015)
The Lessor shall use cleaning products (including general purpose cleaners, floor cleaners, hand soap, etc.) that comply with either the Green Seal
standard, the UUEcoLogo standard, EPA's Design for the Environment(DfE)designation,or a substitute acceptable to the RPLO. Hand soap products
shall also be USDA Certified BioPreferred.
6.09 SELECTION OF PAPER PRODUCTS(APR 2015)
The Lessor shall select paper and paper products(e.g.,restroom tissue and paper towels)conforming to the Green Seal Standard(GS-1),or a substitute
acceptable to the RPLO.
6.10 INTENTIONALLY DELETED
6.11 MAINTENANCE AND TESTING OF SYSTEMS(SEP 2013)
A. The Lessor is responsible for the total maintenance and repair of the leased Premises. Such maintenance and repairs include the 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 shall be done in accordance with current applicable codes, and inspection certificates shall be displayed as
appropriate. Copies of all records in this regard shall be forwarded to the Government's designated representative.
B. At the Lessor's expense,the Government reserves the right to require documentation of proper operations, inspection,testing,and maintenance of
fire protection systems,such as, but not limited to,fire alarm,fire sprinkler,standpipes,fire pump, emergency lighting, illuminated exit signs, emergency
generator.prior to occupancy to ensure proper operation. These tests shall be witnessed by the Govemment's designated representative.
6.12 MAINTENANCE OF PROVIDED FINISHES(SEP 2013)
A. Paint, wall coverings. Lessor shall maintain all wall coverings and high performance paint coatings in like new"condition for the life of the Lease.
All 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 the paint 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 Lease. In addition to the foregoing requirement,
1. Lessor shall repaint common areas at least every three years.
2. Lessor shall perform cyclical repainting of the Space every 5 years of occupancy. This cost,including the moving and returning of furnishings,
as well as disassembly and reassembly of systems furniture per manufacturer's warranty,shall be at the Lessor's expense.
B. Carpet and flooring.
1. Except when damaged by the Government,the Lessor shall repair or replace flooring at any time during the Lease term when:
a. Backing or underlayment is exposed;
b. There are noticeable variations in surface color or texture;
c. It has curls,upturned edges,or other noticeable variations in texture;
d. Tiles are loose;or,
e. Tears or tripping hazards are present.
LEASE NO. 57-4209-15-003,PAGE 22 LESSOR G...k)GOVERNMENT: GSA FORM L202(05/15)
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2. Notwithstanding the foregoing, as part of the rental consideration, the Lessor shall replace all carpet in the Space as needed with a product
which meets the requirements in the"Floor Coverings and Perimeters"paragraph in this Lease.
3. Repair or replacement shall include the moving and returning of furnishings, including disassembly and reassembly of systems furniture per
manufacturer's warranty, if necessary. Work shall be performed after the normal hours established elsewhere in this Lease.
6.13 ASBESTOS ABATEMENT(APR 2011)
If asbestos abatement work is to be performed in the Space after occupancy,the Lessor shall submit to the Government the occupant safety plan and a
description of the methods of abatement and re-occupancy clearance, in accordance with OSHA, EPA, DOT,state, and local regulations and guidance,
at least 4 weeks prior to the abatement work.
6.14 ONSITE LESSOR MANAGEMENT(APR 2011)
The Lessor shall provide an onsite Building superintendent or a locally designated representative available to promptly respond to deficiencies, and
immediately address all emergency situations.
6.15 IDENTITY VERIFICATION OF PERSONNEL(SEP 2013)
A. The Government reserves the right to verify identities of personnel with routine pre-occupancy and/or unaccompanied access to Government space.
The Lessor shall comply with the agency personal identity verification procedures below that implement Homeland Security Presidential Directive-12
(HSPD-12), Office of Management and Budget(OMB)guidance M-05-24 and M11-11, and Federal Information Processing Standards Publication(FIPS
PUB)Number 201,as amended.
B. The Government reserves the right to conduct additional background checks on Lessor personnel and contractors with routine access to Government
leased space throughout the term of the Lease.
C. Upon request, the Lessor will notify the Government whether they will use either the manual process and submit completed fingerprint charts and
background investigation forms, or use the electronic process of ID verification, completed through the e-QIP system. This would be done for each
employee of the Lessor,as well as employees of the Lessor's contractors or subcontractors who will provide building operating services requiring routine
access to the Government's leased space for a period greater than 6 months. The Government may also require this information for the Lessor's
employees,contractors,or subcontractors who will be engaged to perform alterations or emergency repairs in the Government's space.
1. Manual Process: The Lessor shall provide Form FD 258, Fingerprint Chart (available from the Government Printing Office at
http://bookstore qpo qov),and Standard Form 85P, Questionnaire for Public Trust Positions,completed by each person and returned to the REAL
PROPERTY LEASING OFFICER(or the contracting officer's designated representative)within 30 days from receipt of the forms.
2. Electronic Process: The electronic process will be done through the e-QIP system. The Lessor's contractor/personnel will receive an email
along with instructions for completing the Office of Personnel Electronic Questionnaire(e-QIP). The contractor/personnel will have up to(7)seven
business days to login and complete the e-QIP for the background investigation. The contractor/personnel will be instructed to access the website,
and receive on screen instructions which include but it is not limited to:
a. How to Log In
b. How to Answer and Create New Golden Questions
c. What Additional Documents to Send
d. To Print and Sign two Signature Forms(Certification That My Answers Are True)
e. To complete the submission process, press the"Release/Request Transmit to the Agency"and exit the process
f. Where to Send.
The Lessor must ensure prompt input,and timely receipt of the following,from their contractor/personnel:
a. Two FBI Fingerprint Cards(Form FD-258)or one card produced by a livescan device,
b. Certification That My Answers Are True
c. Authorization for Release of Information.
D. The Lessor must ensure the contracting officer (or the contracting officer's designated representative) has all of the requested documentation to
ensure the completion of the investigation.
E. Based on the information furnished,the Government will conduct background investigations of the employees. The contracting officer will advise the
Lessor in writing if an employee fails the investigation,and,effective immediately,the employee will no longer be allowed to work or be assigned to work
in the Government's space.
F. Throughout the life of the lease,the Lessor shall provide the same data for any new employees,contractors,or subcontractors who will be assigned
to the Government's space. In the event the Lessor's contractor or subcontractor is subsequently replaced, the new contractor or subcontractor is not
required to submit another set of these forms for employees who were cleared through this process while employed by the former contractor or
subcontractor. The Lessor shall resubmit Form FD 258 and Standard Form 85P for every employee covered by this paragraph on a 5 year basis.
G. The Lessor shall insert this paragraph in all subcontracts when the subcontractor is required to have physical access to a federally controlled facility
or access to a federal information system.
LEASE NO.57-4209-15-003,PAGE 23 LESSOR:\CI,GOVERNMENT: GSA FORM L202(05/15)
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6.16 SCHEDULE OF PERIODIC SERVICES(JUN 2012)
Within 60 days after occupancy by the Government, the Lessor shall provide the RPLO with a detailed written schedule of all periodic services and
maintenance to be performed other than daily,weekly,or monthly.
6.17 LANDSCAPING(SUCCEEDING)(JUN 2012)
A. Landscape management practices shall prevent pollution by:
1. Employing practices which avoid or minimize the need for fertilizers and pesticides;
2. Prohibiting the use of the 2,4-Dichlorophenoxyacetic Acid(2,4-D)herbicide and organophosphates;and
3. Composting/recycling all yard waste.
B. The Lessor shall use landscaping products with recycled content as required by EPA's CPG Guidelines for landscaping products. Refer to EPA's
CPG web site. www epa.govicpq.
6.18 LANDSCAPE MAINTENANCE(APR 2011)
Landscape maintenance shall be performed during the growing season at not less than a weekly cycle and shall consist of watering, weeding, mowing,
and policing the area to keep it free of debris. Pruning and fertilization shall be done on an as-needed basis. In addition,dead,dying,or damaged plants
shall be replaced.
6.19 RECYCLING(JUN 2012)
A. For Leases greater than 10,000 rentable SF,with a Lease term greater than six months,the Lessor shall establish a recycling program for(at a
minimum)paper,corrugated cardboard,glass,plastics,and metals where local markets for recovered materials exist.
B. Where state or local law,code,or ordinance requires recycling programs for the Premises,Lessor shall comply with such state and/or local law,
code,or ordinance.
C. When implementing any recycling program,the Lessor shall provide an easily accessible,appropriately sized area(2 SF per 1,000 SF of Building
gross floor area)that serves the Space for the collection and storage of materials for recycling. Telecom rooms are not acceptable as recycling space.
During the Lease term,the Lessor agrees,upon request,to provide the Government with additional information concerning recycling programs maintained
in the Building and in the Space.
6.20 RANDOLPH-SHEPPARD COMPLIANCE(SEP 2013)
During the term of the Lease, the Lessor may not establish vending facilities within the leased Space that will compete with any Randolph-Sheppard
vending facilities.
6.21 INTENTIONALLY DELETED
6.22 INDOOR AIR QUALITY(SEP 2013)
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 shall be: CO 9 ppm time weighted average
(TWA 8 hour sample);CO2 1,000 ppm(TWA); HCHO 0.1 ppm(TWA).
B. The Lessor shall make a reasonable attempt to apply insecticides, paints, glues, adhesives, and HVAC system cleaning compounds with highly
volatile or irritating organic compounds,outside of working hours. Except in an emergency,the Lessor shall provide at least 72 hours advance notice to
the Government before applying noxious chemicals in occupied Spaces and shall adequately ventilate those Spaces during and after application.
C. The Lessor shall promptly investigate indoor air quality(IAQ)complaints and shall implement the necessary controls to address the complaint.
D. The Government reserves the right to conduct independent IAQ assessments and detailed studies in Space that it occupies, as well as in space
serving the Space(e.g.,common use areas, mechanical rooms, HVAC systems, etc.). The Lessor shall assist the Government in its assessments and
detailed studies by:
1. Making available information on Building operations and Lessor activities;
2. Providing access to Space for assessment and testing, if required;and
3. Implementing corrective measures required by the RPLO.
E. The Lessor shall provide to the Government material safety data sheets(MSDS)upon request for the following products prior to their use during the
term of the Lease: adhesives, caulking, sealants, insulating materials, fireproofing or firestopping materials, paints, carpets, floor and wall patching or
leveling materials, lubricants, clear finish for wood surfaces, janitorial cleaning products, pesticides, rodenticides, and herbicides. The Government
reserves the right to review such products used by the Lessor within:
1. The Space;
2. Common Building areas;
3. Ventilation systems and zones serving the Space;and����,, ((��
LEASE NO. 57-4209-15-003,PAGE 24 LESSOR:tiJi�(2 GOVERNMENT: GSA FORM L202(05115)
16E 2
4. The area above suspended ceilings and engineering space in the same ventilation zone as the Space.
F. Where hazardous gasses or chemicals (any products with data in the Health and Safety section of the MSDS sheets) may be present or used,
including large-scale copying and printing rooms,segregate areas with deck-to-deck partitions with separate outside exhausting at a rate of at least 0.5
cubic feet per minute per SF,no air recirculation. The mechanical system must operate at a negative pressure compared with the surrounding spaces of
at least an average of 5 Pa(pascal)(0.02 inches of water gauge)and with a minimum of 1 Pa(0.004 inches of water gauge)when the doors to the rooms
are closed.
6.23 RADON IN AIR(SUCCEEDING)(SEP 2013)
A. The radon concentration in the air of the Space shall be less than 4 picoCuries per liter(pCi/L)for childcare and 25 pCi/L for all other space, herein
called"GSA action levels."
B. Initial Testing:
1. The Lessor shall:
a. Test for radon that portion of Space which is in ground contact or closest to the ground up to and including the second floor above grade
(Space on the third or higher floor above grade need not be measured);.
b. Report the results to the RPLO upon award; and
c. Promptly carry out a corrective action program for any radon concentration which equals or exceeds the GSA action levels.
2. Testing sequence. The Lessor shall measure radon by the standard test in sub-paragraph D.1,completing the test not later than150 days after
award, unless the RPLO decides that there is not enough time to complete the test prior to Lease Term Commencement Date, in which case the
Lessor shall perform the short test in subparagraph D.2.
C. Corrective Action Program:
1. Program Initiation and Procedures.
a. If either the Government or the Lessor detects a radon concentration at or above the GSA action levels at any time after award or during
the term of the Lease,the Lessor shall promptly carry out a corrective action program which reduces the concentration to below the GSA
action levels.
b. If either the Government or the Lessor detects a radon concentration at or above the GSA action levels at any time after Government
occupancy,the Lessor shall promptly restrict the use of the affected area and shall provide comparable temporary space for the tenants,as
agreed to by the Government,until the Lessor carries out a prompt corrective action program which reduces the concentration to below the
GSA action levels and certifies the Space for re-occupancy.
c. The Lessor shall provide the Government with prior written notice of any proposed corrective action or tenant relocation. The Lessor
shall promptly revise the corrective action program upon any change in Building condition or operation which would affect the program or
increase the radon concentration to or above the GSA action levels.
d. The Lessor shall perform the standard test in sub-paragraph D.1 to assess the effectiveness of a corrective action program. The Lessor
may also perform the short test in sub-paragraph D.2 to determine whether the Space may be occupied but shall begin the standard test
concurrently with the short test.
e. All measures to accommodate delay of occupancy,corrective action,tenant relocation,tenant re-occupancy,or follow-up measurement,
shall be provided by the Lessor at no additional cost to the Government.
f. If the Lessor fails to exercise due diligence,or is otherwise unable to reduce the radon concentration promptly to below the GSA action
levels,the Government may implement a corrective action program and deduct its costs from the rent.
D. Testing Procedures:
1. Standard Test. Place alpha track detectors throughout the required area for 91 or more days so that each covers no more than 2,000 ABOA
SF. Use only devices listed in the EPA Radon Measurement Proficiency Program (RMP) application device checklists. Use a laboratory rated
proficient in the EPA RMP to analyze the devices. Submit the results and supporting data (sample location, device type, duration, radon
measurements, laboratory proficiency certification number, and the signature of a responsible laboratory official) within 30 days after the
measurement.
2. Short Test. Place alpha track detectors for at least 14 days, or charcoal canisters for 2 days to 3 days, throughout the required area so that
each covers no more than 2,000 ABOA SF, starting not later than 7 days after award. Use only devices listed in the EPA RMP application device
checklists. Use a laboratory rated proficient in the EPA RMP to analyze the devices. Submit the results and supporting data within 30 days after the
measurement. In addition,complete the standard test not later than 150 days after Government occupancy.
6.24 RADON IN WATER(JUN 2012)
A. If the water source is not from a public utility,the Lessor shall demonstrate that water provided to the Premises is in compliance with EPA requirements
and shall submit certification to the RPLO prior to the Government occupying the Space.
B. If the EPA action level is reached or exceeded,the Lessor shall institute appropriate abatement methods which reduce the radon levels to below this
action.
LEASE NO. 57-4209-15-003,PAGE 25 LESSOR: 'GOVERNMENT: GSA FORM L202(05/15)
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6.25 HAZARDOUS MATERIALS(SEP 2013)
A. The leased Space shall be free of hazardous materials, hazardous substances, and hazardous wastes, as defined by and according to applicable
Federal,state,and local environmental regulations. Should there be reason to suspect otherwise,the Government reserves the right,at Lessor's expense,
to require documentation or testing to confirm that the Space is free of all hazardous materials.
B. Lessor shall,to the extent of its knowledge, notify Government of the introduction of any hazardous materials onto the Property by Lessor or others,
including but not limited to,co-tenants occupying Space in the Building.
6.26 MOLD(SEP 2013)
A. Actionable mold is mold of types and concentrations in excess of that found in the local outdoor air.
B. The Lessor shall provide Space to the Government that is free from actionable mold and free from any conditions that reasonably can be anticipated
to permit the growth of actionable mold or are indicative of the possibility that actionable mold will be present(indicators).
C. At such times as the Government may direct, including but not limited to: after a flood, water damage not caused by the Government, or repairs
caused by the Lessor, the Lessor, at its sole cost, expense and risk shall: (i)cause an industrial hygienist certified by the American Board of Industrial
Hygienists or a qualified consultant(the Inspector)who,in either instance,is reasonably acceptable to the Government,to inspect and evaluate the Space
for the presence of actionable mold or mold indicators;and(ii)cause the Inspector to deliver the results of its inspection and evaluation(the Report)to the
Government within 30 days after it conducts same and,in all events,at the same time that it delivers the Report to Lessor. With the delivery of the Report
to the Government,the Inspector shall notify the Government,in writing via cover letter to the report, if the Inspector discovers or suspects the existence
of actionable mold or indicators in the leased Space.
D. The presence of actionable mold in the Premises may be treated as a Casualty,as determined by the Government,in accordance with the Fire and
Other Casualty clause contained in the General Clauses of this Lease. In addition to the provisions of the Fire and Other Casualty clause of this Lease,
should a portion of the Premises be determined by the Government to be un-tenantable due to an act of negligence by the Lessor or his agents,the Lessor
shall provide reasonably acceptable alternative Space at the Lessor's expense, including the cost of moving, and any required alterations.
E. If the Report indicates that actionable mold or indicators are present in the leased Space,the Lessor,at its sole cost,expense,and risk,shall within
30 days after its receipt of the Report: 1)retain an experienced mold remediation contractor reasonably acceptable to the Government to prepare and
submit to the Government and Lessor a remediation plan (the Plan)and within 90 days after the Government's approval of the Plan, remediate the
actionable mold or the indicators in the leased Space, but prior to commencing such remediation, Lessor shall send the Government a notice stating: (i)
the date on which the actionable mold remediation shall start and how long it is projected to continue;(ii)which portion of the leased Space shall be subject
to the remediation;and(iii)the remediation procedures and standards to be used to implement the Plan and the clearance criteria to be employed at the
conclusion of the remediation;and 2)notify, in accordance with any applicable Federal, state,and local health and safety requirements,the Government
employees as well as all other occupants of and visitors to the leased Space of the nature,location and schedule for the planned remediation and reasons
therefore.
F. The Lessor shall be responsible for conducting the remediation in accordance with the relevant provisions of the document entitled"Mold Remediation
in Schools and Commercial Buildings" (EPA 402-K-01-001, March 2001), published by the U.S. Environmental Protection Agency, as same may be
amended or revised from time to time,and any other applicable Federal,state,or local laws,regulatory standards and guidelines.
G. The Lessor acknowledges and agrees that the Government shall have a reasonable opportunity to inspect the leased Space after conclusion of the
remediation. If the results of the Government's inspection indicate that the remediation does not comply with the Plan or any other applicable Federal,
state,or local laws,regulatory standards or guidelines,the Lessor,at its sole cost,expense,and risk,shall immediately take all further actions necessary
to bring the remediation into compliance.
H. If the Lessor fails to exercise due diligence, or is otherwise unable to remediate the actionable mold, the Government may implement a corrective
action program and deduct its costs from the rent.
6.27 OCCUPANT EMERGENCY PLANS(SEP 2013)
The Lessor is required to cooperate, participate and comply with the development and implementation of the Government's Occupant Emergency Plan
(OEP)and if necessary, a supplemental Shelter-in Place (SIP)Plan. Periodically, the Government may request that the Lessor assist in reviewing and
revising its OEP and SIP. The Plan, among other things, must include an annual emergency evacuation drill, emergency notification procedures for the
Lessor's Building engineer or manager, Building security, local emergency personnel,and Government agency personnel.
6.28 INTENTIONALLY DELETED
LEASE NO.57-4209-15-003,PAGE 26 LESSORGOVERNMENT: GSA FORM L202(05/15)
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SECTION 7 ADDITIONAL TERMS AND CONDITIONS
7.01 SECURITY STANDARDS(JUN 2012)
The Lessor agrees to the requirements of Security Level I attached to this Lease.
IDENTITY VERIFICATION OF PERSONNEL(MAY 2012)
A. The Government reserves the right to verify identities of personnel with routine access to Government Space. The Lessor shall comply with the
agency personal identity verification procedures below that implement HOMELAND SECURITY PRESIDENTIAL DIRECTIVE- 12 (HSPD-12), Office of
Management and Budget(OMB)guidance M-05-24,and Federal Information Processing Standards Publication(FIPS PUB)Number 201,as amended.
B. The Lessor shall insert this paragraph in all subcontracts when the subcontractor is required to have physical access to a federally controlled facility
or access to a federal information system.
C. Lessor compliance with paragraphs 1 through 4 below will suffice to meet the Lessor's requirements under HSPD-12,OMB M-05-24,and FIPS PUB
Number 201.
1. The Government reserves the right to conduct background checks on Lessor personnel and contractors with routine access to Government
leased Space.
2. Upon request,the Lessor shall submit completed fingerprint charts and background investigation forms for each employee of the Lessor,as well
as employees of the Lessor's contractors or subcontractors,who will provide building operating services requiring routine access to the Government's
leased Space for a period greater than 6 months. The Government may also require this information for the Lessor's employees, contractors, or
subcontractors who will be engaged to perform alterations or emergency repairs in the Government's Space.
3. Upon request,the Lessor must provide Form FD-258,Fingerprint Chart(available from the FSA State Office),and Standard Form 85, National
Agency Check with Inquiries,completed by each person and returned to the RPLO(or the RPLO's designated representative)within 30 days from
receipt of the forms. Based on the information furnished,the Government will conduct background investigations of the employees. The RPLO will
advise the Lessor in writing if an employee fails the investigation, and, effective immediately, the employee will no longer be allowed to work or be
assigned to work in the Government's Space.
4. Throughout the life of the Lease, upon request.the Lessor shall provide the same data for any new employees,contractors,or subcontractors
who will be assigned to the Government's Space.In the event the Lessor's contractor or subcontractor is subsequently replaced,the new contractor
or subcontractor is not required to submit another set of these forms for employees who were cleared through this process while employed by the
former contractor or subcontractor.The Lessor shall resubmit Form FD-258 and Standard Form 85 for every employee covered by this paragraph on
a 5-year basis.
7.02 DELETED PARAGRAPHS: THE FOLLOWING PARAGRAPHS HAVE BEEN DELETED FROM THIS LEASE:
1.04 BROKER COMMISSION AND COMMISSION CREDIT(JUN 2012)
1.06 RENEWAL RIGHTS(SEP 2013)
2.05 PAYMENT OF BROKER(JUL 2011)
2.07 REAL ESTATE TAX ADJUSTMENT(JUN 2012)
2.09 OPERATING COSTS ADJUSTMENT(JUN 2012)
3.11 AUTOMATIC FIRE SPRINKLER SYSTEM(SEP 2013)
3.12 FIRE ALARM SYSTEM(SEP 2013)
3.14 ELEVATORS(SEP 2013)
3.15 FLAGPOLE(SEP 2013)
3.32 ADDITIONAL ELECTRICAL CONTROLS(JUN 2012)
3.36 JANITOR CLOSETS(SUCCEEDING)(JUN 2012)
3.44 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS-LEASE(SEP 2014)
4.02 BUILDING SPECIFIC AMORTIZED CAPITAL(BSAC)PRICE PROPOSAL(SEP 2012
4.05 SEISMIC RETROFIT(SEP 2013)
6.03 UTILITIES SEPARATE FROM RENTAUBUILDING OPERATING PLAN(AUG 2011)
6.06 OVERTIME HVAC USAGE(JUN 2012)
6.10 SNOW REMOVAL(APR 2011)
6.21 SAFEGUARDING AND DISSEMINATION OF SENSITIVE BUT UNCLASSIFIED(SBU)BUILDING INFORMATION(SEP 2013)
6.28 FLAG DISPLAY(SEP 2013)
7.03 MODIFIED PARAGRAPHS: THE FOLLOWING PARAGRAPHS HAVE BEEN MODIFIED IN THIS LEASE:
1.03 RENT AND OTHER CONSIDERATIONS(APR 2015)
2.01 DEFINITIONS AND GENERAL TERMS(SEP 2013)
3.34 RESTROOMS(SEP 2013)
5.08 FLOOR COVERINGS AND PERIMETERS(APR 2015)
6.07 JANITORIAL SERVICES(JUN 2012)
LEASE NO. 57-4209-15-003,PAGE 27 LESSOR:C, X02 GOVERNMENT: GSA FORM L202(05/15)
i6E2
EXHIBIT A
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INITIALS: GOVT LESSOR
16E 2
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INITIALS: GOVT LESSOR >
1
EXHIBIT B 16E 2
AD-2066 U.S.DEPAR'MENT OF AGRICULTURE
;1 -34-1U:
USDA/OCIO/ITS REQUIREMENTS
I. SPECIFICATIONS FOR THE ADP ROOM
A. Square Footage. The ADP room shall be a minimum of 75 square feet and a maximum of
100 square feet. The configuration of the room shall allow a three-foot clearance around
equipment.
B. Doors. The number of entrances to the ADP room will be kept to a minimum as required by
local fire code Every entrance into an ADP room must be a metal clad or solid core, lockable
door. A managed process will be utilized to control all access to the room. The process can
be electronic or manual (key access. door bell with escort and sign-in, etc.) and the process
must be documented. One key or code will be assigned to an individual from each SCA. All
computer room doors shall be removed from the master key system of the facility. Exterior
doors must have either interior hinges or exterior hinges with non-removable pins.
C. Windows. There will be NO WINDOWS in the ADP room. even if a portion of the room has
exterior walls.
D. Flooring. The flooring will be anti-static hard surface: no carpet.
E. Walls, Walls of the ADP room shall extend from the structural floor slab to the structural
ceiling slab with sound transmission class 40 or tetter. While this is preferred in all ADP I
rooms, it is mandatory in new construction
F. Temperature and Humidity. The ADP room shall be cooled at all times The ambient room
temperature shall be maintained between 68°to 75°F (20° to 24°C) The ambient relative
humidity levels shall be maintained between 45% and 55%. The temperature and humidity
controls shall be managed within the room, including points of contacts for emergency
situations. The ADP room shall have access to temperature readings within the space. Air
conditioning must be controlled on the weekends and holidays as needed to maintain the
minimum temperature in the room. Depending on the equipment to be placed in the room, a
separate air conditioning unit may be required.
G. Shared Space. The ADP room shall NOT be designed as a multi-use room. Only ADP and
telephone equipment shall be in this room. Mail machines, printers (unless specifically for the
ADP equipment), faxes, file cabinets, shared storage, copiers, plotters, etc. shall be located
outside the ADP room ITS storage will NOT be in the ADP room.
H. Plumbing. Because of the danger of water damage. the ADP room shall not be located in
areas where water bearing pipes would be overhead
I. Fire Suppressant Systems. A sprinkler system will be installed when local building codes
require it A dry-pipe system is preferred Sprinkler heads shall be placed so that they are not
INITIALS: Lessor: & Government:
C.-
!
EXHIBIT B 16E 2
AD-2066
directly above any equipment. Each ADP room shall be equipped with a 5 to 6 pound FE-36
fire extinguisher. An annual inspection must be performed on the fire extinguisher.
J. Design Approval. In SCA offices, the Group Manager shall review the electrical section of the
construction drawings to ensure that the location of the phone jacks, data ports, and electrical
outlets will be accessible once systems furniture is installed. In all other offices, the appropriate
Division Directors shall review and approve the floor plans. All final floor plans for the ADP
room and general space shall be approved by the OCIO-ITS Realty Specialist before
construction begins.
K. Public Areas. Where possible, the ADP room shall be within the interior of the building and
away from public areas. Where possible, ensure that all computer rooms are not located either
above or below public areas in multi-story buildings.
L. Mailrooms and Loading Docks. Where possible, the ADP room shall not be located in close
proximity to mailrooms or loading docks.
M. Signage. Ensure that all signs identifying the ADP room are removed from public view.
Directories or building maps that identify the location of critical or sensitive asset locations shall
not be displayed.
N. Electrical Power. Where possible, the capability of shutting off power to an information
system component that may be malfunctioning or threatened without endangering personnel
by requiring them to approach the equipment shall be included in new and refurbished ADP
rooms.
II. ADP ROOM EQUIPMENT OUTPUTS
Refer to the manufacturer's requirements for all equipment that will be located in the room.
III. DEDICATED ELECTRICAL CIRCUITS AND OUTLETS FOR ADP EQUIPMENT
A. Computer Room Circuits. Provide and install dedicated electrical circuits with isolated
grounds in the Computer Room. Dedicated circuits must be 110 volt, 20-ampere standard
three-prong circuits with true earth ground terminated into orange or other uniquely marked
("computer use only") duplex outlets. Provide and install duplex outlets for each dedicated
electrical circuit in the Computer room. Dedicated electrical circuits will be used for the
telephone systems. The main electrical panel for the computer/voice (if computer/voice is
available) equipment will be properly grounded to meet TIA/EIA and Federal Information
Processing Standards (FIPS).
B. General Office Space Circuits. Provide dedicated electrical circuits with multiple outlets at
designated locations throughout the service center with multiple outlets to accommodate the
peripheral equipment (i.e. computer workstations. printers).
C. Electrical Requirements for Uninterruptible Power Supply (UPS) Circuit. Critical servers
are required to be connected to the UPS.
(1) Uninterruptible Power Supply (UPS). Dedicated Circuits will be required for use by UPS.
INITIALS: Lessor: . &Government: 2
EXHIBIT B 1 6E 2
AD -2066
(2) Number and Type of Circuits. There will be a minimum of 2 (two) 120 volt, 30 amp
minimum with true ground, terminated into a twisting-lock receptacle. Each dedicated circuit
must have insulated, isolated earth ground; conduit ground is not acceptable.
(3) Receptacle. The receptacle will be a NEMA L5-30R twist-locking receptacle.
(4) Location of the UPS receptacle. The UPS receptacle will be located in the ADP/Computer
room where the Local Area Network (LAN)/Wide Area Network (WAN)/Voice (LWV) cabinet is
installed. The receptacle will be located within a maximum of 4.5 feet from the back of the
United States Department of Agriculture (USDA) wiring cabinet.
IV. PLYWOOD
One sheet of/4 inch 4 x 8 foot plywood shall be vertically mounted on the wall in the Computer
Room within 3 feet of an electrical outlet and the wiring cabinet. The backboard should be
attached to the wall using correct mounting hardware and procedures. If the wall is sheet-rocked,
attach the backboard to the studs. If the wall is concrete, attach the backboard using anchors.
The backboard should be painted with fire retardant paint the same color as the interior walls of
the building. This will be the extended demarcation point and for the installation of phone
equipment.
V. TELEPHONE SYSTEM
A telephone demarcation point (D-mark) must be provided on a type 66S block on the backboard
for all telephone lines prior to the move date. The telephone system will be moved by USDA to a
new office and will be installed by USDA technicians during move-in.
VI. DISTRIBUTION CLOSETS AND CABLE PATHWAYS
Facilities requiring multiple distribution points within the building or on multiple floors will comply
with ANSI/TIA/EIA-569-B standards.
VII. DATA CABLING/TELECOMMUNICATIONS
A. General Specifications. All premise data/telecommunications cabling will comply with
TIA/EIA-568-B. All new installations will use Category 6 cabling, as specified in TIA/EIA-568-
B.2-1, or higher. All cabling will meet local building codes.
B. Exceptions. Renovations to buildings which currently comply with TIA/EIA-568-A and contain
Category 5 cable and terminations may continue to use Category 5 wiring and terminations as
specified in TIA/EIA-568-A.
All substantial additions to. or replacements of, existing wiring should comply with the
specifications in VII(A) where possible.
NOTE. Category 5 wiring is unsuitable for Ethernet speeds above 100 Mb/sec.
C. Copper Cable Installation.
(1) Provide, place, terminate and test Cat-6 certified 100-ohm Balanced Twisted Pair cables
according to applicable standards.
INITIALS: Lessor: k` & Government:
EXHIBIT B 1 6 E
>D-2066
(2) Data cable and voice cables shall be terminated with Cat-6 compliant terminations (patch
panels, wall outlets, etc.).
(3) All Balanced Twisted Pair cables shall be terminated using the T568A pin/pair assignments
as specified in TIA/EIA-568-B and per FTR 1090-1997.
D. Copper Cable Specification. All cable equipment and materials must be manufactured by
facilities that are International Organization for Standardization (ISO) 9001 registered and
certified as follows:
(1) Shall be Cat-6 or Cat-6a rated in accordance with ANSI/TIA/EIA-568-B.
(2) Shall be four-pair. balanced, 100-Ohm, 24 American Wire Gage (AWG).
(3) The selected cable must have contiguous, two=foot segment-length markers printed on the
cable jacket. The markings must also show cable manufacturer, cable model number or
name , cable part number, Cat-6 or Cat-6a designation, a UL or ETL verification designation, a
CMP type, and a `tested to 350 MHz" or above designation.
(4) Shall be tested and certified by the installer to comply with the previous requirements.
E. Data Fiber Cable Installation.
(1) Fiber optic cable shall be used for all links in excess of 90 meters and where appropriate.
There shall be no 90° bends in any fiber cables with a radius of less than three (3) inches.
(2) All fiber cable links less than 500 meters shall be 6-strands, multimode optical fiber cable.
(3) All Optical Fiber, Conductive, Plenum (OFCP) or Optical Fiber Conductive Riser (OFCR)
rated fiber cable shall be properly grounded at both ends and may not be installed in the same
cable tray or conduit as power cables.
(4) All ANSI/TIA/EIA-568-B requirements for fiber cable installation, testing, and termination
will be observed.
(5) All strands of each fiber cable shall be terminated at each end of the cable, with either
Straight Tip (ST) or Standard Connector (SC) connectors, as appropriate to the related
equipment interface connector, and will be conveyed to the selected cable contractor upon
request.
FIGURE 1 FIGURE 2
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SC Connector ST Connector
INITIALS: Lessor: & Government: 4
EXHIBIT B
AD.2066
(6)Supply several sets of fiber patch cords that should not only serve immediate switch
connection concerns, but allow for possible switch update connections in the future. The 1 6 E 2
unused fiber patch cables will be kept in reserve at this site, in the event that such switch
updates do occur.
F. Data Fiber Cable Specifications.
(1) All fiber cable shall be 6-strand, multimode, tight buffered, 50 x 125 pm optical fiber, rated
OFCP or OFCR as appropriate, and must be clearly marked as such on the cable sheathing.
(2) All fiber link cable runs, shall be run within orange, plenum rated inter-duct, and
appropriately sized according to the number of fiber runs to be contained.
(3) Both the fiber cable sheathing and the protective inter-duct shall be colored orange to
denote multimode fiber.
G. Wall Input/Output (I/O) Face Plates for Work Area I/O Connections. Work areas will have
a quad or hex outlet plate connector with four or six RJ-45 connectors (see diagram). Extra
outlet plate connectors will also be required in some common areas. All drops will be identified
and numbered on the office floor plan prior to installation. Each of the four or six connectors
will be cabled with 4-pair balanced twisted-pair cable. The data cables will be category 6 as
listed in the cable specification block. These cables will be terminated with RJ-45 connectors at
the device end. The other end will be punched down on an RJ-45/110-type patch panel in the
LWV wiring cabinet. Each quad plate MUST be labeled with the work station number (1 , 2,
etc.) and the A, B, C, etc. format. Each connection MUST be identified as (1A, 1B, 2A, 2B,
etc.) on the corresponding patch panel location.
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Quad Plate — Ports A, B, C — Data Hex Plate — Ports A, B. C, D, E - Data
Port D- Phone Port F — Phone
VIII. LAN/WANNOICE CABINET
The Government will provide the LAN/WANNOICE cabinet, and a cable installation contractor
will provide and install the wiring, cabling, and patch panels in the cabinet as specified by the
TSD Group Manager. Patch panels will be RJ-45/110 type and appropriately-sized, based
upon the number of quad and/or hex outlet plates. A wire service loop that will allow the
cabinet to freely move a minimum of six feet in any direction will be installed by the cable
installation contractor as part of the cable installation. The RJ-45/110 type patch panel must be
mounted in the cabinet in the place designated by the TSD Group Manager.
INITIALS: Lessor:- & Government: 5
EXHIBIT B
ID-2066
IX. COPIES OF RELATED DOCUMENTS 16E2
A. Copies of Federal Telecommunications Recommendations (FTRs).. Copies of FTRs are
available from:
National Communications System (NCS), Technology and Standards Division (N6)
701 South Court House Road
Arlington, Virginia 22204-2198
Telephone: (703) 607-6204
B. Copies of the specifications and related documents. Copies of the specifications and related
documents can be obtained from:
(1) Global Engineering Documents
15 Inverness Way East
Englewood, Colorado 80112
Telephone: (800) 854-7179 or
(303) 397-7956
www.global.ihs.com
(2) National Resource for Global Standards
www.nssn.orq
INITIALS: Lessor: & Government: r,
16E2
AD-2056 U.S.DEPARTMENT OF AGRICULTURE 1. REVIEW DATE
(12-03-09)
BUILDING/SITE ACCESSIBILITY COMPLIANCE CHECKLIST
(As Pertains to Persons With Disabilities)
2. REVIEW PERFORMED BY:
a. NAME OF INDIVIDUAL b. TITLE c. PHONE NO. d. AGENCY
(Include Area Code/Extension)
1 1 NI t � �- � i.W lr v �r�) 0)6 ( > 3 7 >? 2 `>! 7,-1j r �� !/�
2
3
3. FACILITY LOCATION: 4. OTHER FEDERAL AGENCIES
a. STREET ADDRESS(Not P O Box) lb. CITY lc. STATE
OCCUPYING FACILITY(List)
14700 :mmokales Road Naples FL none
ELEMENT 1 —PARKING SPACES(ADA 208;ABA F208; ABAAS 502)
Individuals with mobility impairments need parking spaces wide enough to safely open vehicle doors fully and get out with a wheelchair or mobility aid. Designated parking spaces
shall be located nearest to the accessible entrance or accessible route to the building or facility
Total No.of Minimum No.of Required Total No.of Minimum No.of Required
Parking Spaces in Parking Facility Accessible Parking Spaces Parking Soares in Parkins Facility Accessible ParkingSPace;s
01- 25 1 201- 300 7
26- 50 2 301- 400 8
51- 75 3 401- 500 9
76-100 4 501-1000 2 percent of total
101-150 5 1001 and over 20,plus 1 for each 100,or fraction thereof
151 -200 6 over 1000
COMPLIANT? COMMENTS/MEASUREMENTS/
REVIEW ITEM Yes No NIA SPECIAL.CONDITIONS
1 F208.2 Minimum Number Parlung spaces shak be provided in aCcordance with the ® 0 0 f of spces estimated between 51 and 75.
above table.
2 F208.2.4 Van Parking Spaces For every six or fraction of six accessible parking
spaces,at least one shah be a van accessible space.
3 F208.3 Location Parking spaces shall be located on the shortest arrestible route ® 0 0
from parking to an entrance. Where parking serves more than one accessible entrance,
parking s:fsa-es shall be dispersed and located on the shortest_-__ssible route to the
accessible entrances. In parking facilities that do not serve a particular building or
facility,parking spaces shall be located on the shortest accessible route to an
accessible pedestrian entrance of the parking facility.
4 502.2 Vehicle Spaces and 502.3 Access Aisle Where carman parking spaces are marked with lines, width measurements of parking spaces and access aisles shall be
made from the centerline of the markings. Where parking spaces or access aisles are not adjacent to another parking space or access aisle,measurements shall be permitted
to include the full width of the line defining the parking space or access aisle.
a Car parking Spaces shall be 96 inches(2440 mm)wide minimum and snail be manned m
to define the width. Access aisle shall be 60 inches(1525 mm)wide minimum and
extend full length of the parking spaces they serve. Access aisles shall be marked so
as to discourage parking in them.
b Van parkIMLsoacea shall be 132 inches(3350 mm)wide minimum or permitted to be 96 —
inches(2440 mm)wide minimum where the access aisle is 96 inches(2440 mm)wide
minimum. Spaces shall be marked to define the width and shall have an ad)acent
access aisle. Access aisle shall be 60 inches(1525 mm)wide minimum or 96 inches l
(2440 mm)wide minimum 4 using a 96 inch wide space.
5 502.3 Advisory Access Aisle Accessible routes must connect parking spaces to accessible entrances.
In parking facilities where the accessible route must cross vehicular traffic lanes,marked crossings enhance
pedestrian safely,particularly for people using wheelchairs and other mobility aids. Where possible,it is
yreferable that the accessible route not pass behind parked vehicles.
6 502.4 Floor or Ground Surfaces Changes in level am not permitted. Slopes not 0 0 0
steeper than 1:48 shall be permitted.
7 502.6 Identification and 703.7 Symbols of Accessibility Parking space ® El El
identification signs shall include the International Symbol of Accessibility. Signs
identifying van parking spaces shall contain the designation'van accessible.' Signs
shall be 60 inches(1525 mm)minimum above the finish floor or ground surface
measured to the bottom of the sign
EXHIBIT B INITIALS: GOVT ) LESSOR
AD-2056(12-03-09)(Building/Site Accessibility Compliance Checklist) Page 1 of 10
16E2
ELEMENT 2—ACCESSIBLE ROUTE(ADA 206; ABA F202.2.1, F206;ABAAS 302,303,307, Chapter 4)
Individuals who walk with difficulty or use wheelchairs,crutches,canes or walkers need a wide,smooth,level,firm surface. Individuals with sight impairments need a path free of
hazards such as low-hanging/protruding objects undetectable by a cane
COMPLIANT? COMMENTS/MEASUREMENTS/
REVIEW ITEM
Yes No I N/A SPECIAL CONDITIONS
1 F202.2.1 Accessible Route and F206.2.1 Site Arrival Points At least one ® ❑ t 9
accessible route shall be provided from accessible parking spaces and accessible
passenger loading zones,public streets and sidewalks;and public transportation stops
to an accessible entrance. (NOTE: This applies to new construction and existing
buildings,as well as additions.)
2 402.2 Components Accessible routes shall consist of one or more of the following ® 9 9
components: walking surfaces with a running slope not steeper than 1:20.doorways,
ramps.Curb ramps excluding the flared sides,elevators,and platform kRs.
3 403.5.1 Clear Width The clear width of walking surfaces shall be 36 inches(915 Z 0 0
mm)minimum. Exception allows width to be reduced to 32 inches(815 mm)minimum
for a length of 24 inches(610 mm)maximum provided that reduced width segments are
separated by segments that are 48 inches(1220 mm)long minimum and 36 inches(915
mm)wide minimum.
4 307.2 Protrusion Limits Objects with leading edges more than 27 inches(685 min)
and not more than 80 inches(2030 mm)above the finish floor or ground shall protrude 4
inches(100 mm)maximum honzontally into the circulation path. Handrails,however,
shall be permitted to protrude 4 14 inches(115 mm)maximum
5 403.3 Slope The running slope of walking surfaces shall not be steeper than 1:20. ��� ❑ ❑
(NOTE.- If slope ope exceeds 1:20,cheCJr Element 3-RAMPS.) The cross sopa of
walking surfaces(perpendicular to direction of travel)shall not be steeper than 1.48.
6 303 Changes in Level Where changes in level are permitted in floor or ground ® `❑ ❑
surfaces,they shall be one-fourth inch(6.4 mm)high maximum vertically Changes in
level between one-fourth inch(6 4 mm)high maximum and one-half inch(13 mm)high
maximum shall be beveled with a slope not steeper than 1.2.
7 302.3 Beveled A change in level of one-half inch(13 rem)is permitted to be one-fourth inch(6.4 mm)
vertical plus one-fourth inch(6.4 mm)beveled. However,in no case may the combined change in level
exceed one-half inch(13 mm). Changes in level exceeding one-half inch(13 mm)must comply with
405 Ramps and 406 Curb Ramps.
ELEMENT 3—RAMPS,CURB RAMPS AND HANDRAILS (ABAAS 302,405,406, 505)
Individuals using wheelchairs need gently sloped ramps with handrails,no dropoff,and a smooth,stable surface with level top and bottom platforms for resting and turning. To
accommodate the widest range of users,provide ramps with the least possible running slope and,wherever possible,accompany ramps with stairs for use by those individuals for
whom distance presents a greater barrier than steps;e.g.,people with heart disease or limited stamina.
For measuring slope,consider the ratio of height to length. Slope is the ratio of the amount of'rise'(height)to'run'(distance or length). A sidewalk can be up to a slope of 1:20
(up to one toot'rise'or height in 20 feet of'run'or length) Any slope steeper than that is a ramp,which is allowed to slope up to 1 1 2(up to one foot'rise'or height in 12 feet of
'run'or length).
In measuring slopes,first measure the height to the highest point to determine the first number of the ratio. Then,measure the length of the slope to determine the second number.
Finally,using basic algebra,compare your measurements to the appropnate ratio. Fix example,a ramp measures 6'high and 60'long. Is the slope too steep? Using algebra,
create an equation using the height and solve for the length:
1/12 - 6/X 1X--(6.12),X=72
(In order to be a 1/12 slope.the length must be at least 72'.)
Here,X=72'. That is,for a 6'high ramp,the length must be 72'or more In this example,the length is less than 72',so the slope is too steep for a wheelchair to navigate.
Another way to determine whether the slope is loo steep is to use the appropriate tables shown below. If the height is greater than 30',two ramps with a landing between them
must be used. All measurements listed in'height'to'length'are in inches. If the length of the slope exceeds the second number,the ramp or sidewalk is fine(less slope). If the
length of the slope is less than the second number,the ramp or sidewalk is too steep. (A sidewalk would then become a ramp and require handrails,etc A ramp would be too
steep for a wheelchair to navigate)
Ramps(Maximum Slope): Sidewalks(Maximum Slope):
1 12 7: 84 13 • 156 19 228 25:300 1 20 7. 140 13•260 19:380 25:500
2:24 8' 96 14 168 20. 240 26 312 2 40 8• 160 14 280 20:400 26. 520
3:36 9: 108 15. 180 21 . 252 27:324 3: 60 9: 180 15:300 21 :420 27.540
4 48 10: 120 16. 192 22.264 28:336 4. 80 10:200 16:320 22.440 28:560
5:60 11 . 132 17 204 23 •276 29:348 05: 100 11 :220 17.340 23:460 29, 580
6:72 _ 12• 144 18:216 24:288 30.360 6. 120 12:240 18 360 24:480 30:600
EXHIBIT B INITIALS: GOVT LESSOR
AD-2056(12-03-09)(Building/Site Accessibility Compliance Checklist) Pa9e 2 of 10
16E2 .
ELEMENT 3—RAMPS, CURB RAMPS AND HANDRAILS (ABAAS 302,405,406, 505) (Continued)
REVIEW ITEM
COMPLIANT? COMMENTS/MEASUREMENTS/
Yes No N/A SPECIAL CONDITIONS
1 405.2 Slope Ramp runs shall have a running slope not steeper than 1:12. In existing f , F
sites.buildings,and facilities.ramps shall be permitted to have running slopes steeper
than 1.'12 complying with guidelines shown where such slopes are necessary due to
space umtahons (Slope steeper than 1..10 but not steeper than 1:8 shall have a
maximum rise of 3 inches(75 mm). Scope steeper than 1'12 but not steeper than 1.10
shall have a maximum rise of 6 inches(150 mm) A slope steeper than 1.8 is
prohibited.)
2 405.3 Cross Slope Cross slope of ramp runs shall not be steeper than 1-48. Cross ❑ 0
slope is the slope of the surface perpendicular to the direction of travel. Cross slope is
measured the same way as slope is measured(i.e..the rise over the run).
3 302 and 405.4 Floor or Ground Surfaces Floor or ground surfaces of ramp runs fl D
shall be stable,firm,and slip resistant Changes in level other than the running slope
and cross slope are not permitted on ramp runs.
4 302.1 Advisory Floor or Ground Surfaces A stable surface is one that remains unchanged by
contaminants or applied force,so that when the contaminant or force is removed,the surface returns to its
original condrtion. A firm surface resists deformation by either indentations or particles moving on its surface
A slip-resistant surface provides sufficient frictional counterforce to the forces exerted in walking to permit safe
ambulation
5 405.5 Clear Width and 405.6 Rise The clear width of a ramp run and,where 0 0
handrails are provided,the Gear width between handrails shall be 36 inches(915 mm)
minimum The rise for any ramp run shall be 30 inches(760 mm)maximum
6 405.7 Landings Ramps shall have landings at the top and the bottom of each ramp 0 0
run Level landing is as wide as ramp and at least 60 inches(1525 mm) long at top and
bottom of ramp and each tum of ramp. Changes in level are not permitted Slopes not
mailer than 1.48 shall be permitted,
7 405.9 Edge Protection Edge protection provided on ramps greater then 10 inches 0 0
Jong,using a curb or bonier. (NOTE: The railing or some other provision must be
made to avoid a wheelchairs wheel from running off the side of the ramp.)
8 406.2 Counter Slope Counter slopes of adjoining gutters and road surfaces ❑ 0 El
immediately adjacent to the curb ramp shall not be steeper than 1,20. The adjacent
surfaces at transitions at curb ramps to walks,gutters,and streets shall be at the same
level
9 1406.3 Sides of Curb Ramps If no hand/guard rails,flared sides with slope of flare [3 0
Ino more than 1'10 steep.
10 406.5 Location Curb ramps and the flared sides of curb ramps shall be located so 0 0
Mat they do not project into vehicular traffic lanes,perking spaces,or parking access
aisles Curb ramps at marked crossings shall be wholly contained within Me markings,
excluding any flared sides.
11 405.8,504.6 and 505 Handrails Ramp runs with a rise greater than 6 inches(150 0 0
ram)shall have handrails. Stairs shall have handrails. Handrails are not required on
walking surfaces with running slopes less than 1.20. Handrails shall be provided on
both sides of stairs and ramps in assembly areas,handrails shall not be required on
both sides of aisle ramps where a handrail is provided at either side or within the aisle
width
a 505.4 Height Top of gripping surfaces of handrails shall be 34 inches(865 mm) [3 0
minimum and 38 inches(965 mm)maximum vertically above walking surfaces,stair
hosings,and ramp surfaces. Handrails shall be at a consistent height above walking
surfaces,stair casings,and ramp surfaces
•
b 505.5 Clearance Clearance between handrail gripping surfaces and adjacent 0
surfaces shall be I and one-haf inches(38 mm)minimum.
c 505.7.1 Circular Cross Section Handrail gripping surfaces with a circular cross 0 0
section shall have an outside diameter of 1 and one-fourth inches(32 mm)minimum
and 2 inches(51 mm)maximum.
d 505.8 Surfaces Handrail gripping surfaces and any surfaces adjacent to them shall 0 D
be free of sharp or abrasive elements and shall have rounded edges.
e 505.9 Fittings Handrails shall not rotate within their fittings. [ 0
EXHIBIT B INITIALS: GOVT LESSOR
AD-2056(12-03-09)(Building/Site Accessibility Compliance Checklist) Page 3 of 10
16E 2
ELEMENT 4-ENTRANCES AND INTERIOR DOORS(ABA F202.2.1,F202.6.2, F206.2.2, F206.2.3,F206.4;ABAAS 404)
Individuals with mobility impairments need a building entrance that is wide,smooth.level or ramped Entrance doors must be wide,have adequate space for maneuvering(on both
the pull and push sides)and require light pressure and no twisting to operate At least one accessible route shall be provided within the site from accessible panting spaces and
accessible passenger loading zones;public streets and sidewalks;and public transportation stops to an accessible entrance serving the addition if the only accessible entrances
serving the addition are provided in the existing building or facility,the accessible route shall connect at least one existing entrance to all accessible spaces and elements within the
addition.
Door Pressure Measurements:
For measuring door pressure,a fish weighing scale can prove useful. II needed,these are available for a small fee at sporting goods stores These scales are used to weigh your
'catch'by hanging ii from the hook on the scales
To test door pressure,put the hook on the on the door handle and pull with fish scale towards you. r you read the scale when the door begins to move,you have a reading of the
amount of'force'(pressure),in pounds,required to open the door Per this checklist,the'door pressure'should be 6 5 pounds or less,or roughly the force required to open a
refrigerator door.
COMPLIANT? COMMENTS/MEASUREMENTS/
REVIEW ITEM Yes No N/A SPECIAL CONDITIONS
1 F206.4 Entrances and 404.2 Manual Doors,Doorways,and Manual Gates El
Entrance doors,doorways,and gates shall be on an accessible mute. Accessible doors
are standard single or double leafed hinged doors,not revolving doors
2 404.2.3 Clear Width Door openings shall provide a clear width of 32 inches(815 ® D + 0
mm)minimum. Clear openings of doorways with swinging doors shall be measured
between the face of the door and the stop,with the door open 90 degrees. Openings
'more than 24 inches(610 mm)deep shall provide a clear opening of 36 inches(915
mm)minimum. There shall be no projections into the required clear opening width
lower than 34 inches(865 mm)above the finish floor or ground
3 404.2.5 Thresholds If provided at doorways.shall be one-half inch(13 mm)hgn ® [3 0
maximum Raised thresholds and changes in level at doorways shall comply with 302
Floor and Ground Surfaces and 303 Changes in Level. Existing or altered
thresholds%inch(19 mm)high maximum that have a beveled edge on each side with a
slope not steeper than 1:2 shall not be required to comply with 404.2.5.
4 404.2.7 Door and Gate Hardware and 309.4 Operation Handles,pulls,latches, ® D E
looks,and other operable parts on doors and gates shall be operable with one hand and
shall not require tight grasping,pinching,or twisting of the wrist. Operable parts of such
hardware shall be 34 inches(865 mm)minimum anti 48 inches(1220 mm)maximum
above the finish floor or ground. Where sliding doors are in the fully open position,
operating hardware shall be exposed and usable from both sides,
5 404.2.9 Door and Gate Opening Force and 309.4 Operation The maximum ® 0 0
opening force shall be 5 pounds on interior hinged/sliding.Tolding doors(about as much
as needed to open a relrigerator door). Maximum force pertains to the continuous
application of force necessary to fully open a door,not the initial force needed to
overcome the inertia of the door it does not apply to the force required to retract bolts
or to disengage other devices used to keep the door in a closed position.
6 404.2.6 Doors and Gates in Series The distance between two hinged or pivoted ❑ 0 0 i
doors in renes and gates in series shall be 48 inches(1220 mm)minimum plus the
width of doors or gates swinging into the space.
ELEMENT 5-RESTROOMS
(ABA F206.2.4, F213.3.1, F216.2, F216.8;ABAAS 305, 306, 308,309,404,603,604, 605,606,609)
Individuals with mobility impairments need restrooms that they can get to and use easily and safely. Fixtures need adequate dear floor space for approach and use,and some
require sturdily mounted grab bars for support or transfer. Controls and hardware must be within reach and easily operable. Hot.sharp,abrasive,or protruding objects are
hazards
COMPLIANT? COMMENTS/MEASUREMENTS/
REVIEW ITEM
Yes No N/A SPECIAL CONDITIONS
1 F206.2.4 Spaces and Elements and 603 Toilet and Bathing Facilities r ® 0
Accessible route shall follow the circulation path. At least one accessible toilet for each
sex on each floor of multiple facilities. Where only one toilet is provided in a building or
faculty for each sex.either one unisex toilet or one toilet for each sex shall be provided
on an accessible route.
2 404.2.3 Clear Width and 309.4 Operation[Addressed under Element 4,items 2 ® [ 0
and 4],F216.2 Sign Designations and F216.8 Toilet Rooms and Bathing
Rooms Where existing toilet rooms or bathing moms do not comply wilt 603 Toilet
and Bathing Facilities,directional signs indicating the location of the nearest toilet
mom or bathing room within the faculty shall be provided [Addressed under Element 6J
3 404.2.3 Clear Width,604.8.1.2 Doors and 604.8.2.2 Doors Toilet stall door ® E 0
openings shall provide a clear width of 32 inches(815 mm)minimum Doors shall not
__Itiwing into the minimum required compartment area.
4 604.8.1.1 Size Wheelchair accessible compartments shall be 60 inches(1525 mm) ® 0 0
wide minimum measured perpendicular to the side wad,and 56 inches(1420 mm)deep
minimum for wall hung water closets and 59 inches(15170 mm)deep minimum for floor
mounted water closets measured perpendicular to the rear wad.
5 604.8.1.4 Toe Clearance The front partition and at least one side partition shall ® [3 El
provide a toe clearance of 9 inches(230 mm)minimum above the finish floor and 6
inches(150 mm)deep minimum beyond the compartment-side face of the partition,
exclusive or partition support members. Toe clearance at the front partition is not
required in a compartment greater than 62 inches(1575 mm)deep with a wali-hung
water closet or 65 inches(1650 mm)deep with a floor-mounted water closet Toe
clearance at the side partition is not required in a compartment greater than 66 arches
11675 mm)wide
EXHIBiT B INITIAL) 3v`vT ' ,-(LESSOR
AD-2056(12-03-09)(Building/Site Accessibility Compliance Checklist) Page 4 of 10
16E 2
ELEMENT 5-RESTROOMS(Continued)
(ABA F206.2.4, F213.3.1, F216.2, F216.8;ABAAS 305, 306, 308,309,404,603,604, 605,606, 609)
REVIEW ITEM COMPLIANT? COMMENTS/MEASUREMENTS/
_ Yes No N/A SPECIAL CONDITIONS
6 604.5 and 609 Grab Bars Grab bars shall be provided on the side wall closest to the water closet and on the rear wall.
a 604.5.1 Side Wall The side wall grab bar shall be 42 inches(1065 mm)long C
minimum,located 12 inches(305 mm)maximum from the rear wall and extending a
total of 54 inches(1370 mm)minimum from the rear wall.
b 604.5.2 Rear Wall The rear wall grab bar shall be 36 inches(915 mm)long minimum ® 0
and extend from the centerline of the water closet 12 inches(305 mm)minimum on one
Side and 24 inches(610 mm)minimum on the other side The rear grab bar shall be
permitted to be 24 inches(610 mm)long minimum,centered on the water closet,where
wall space does not permit a length of 36 inches(915 mm)minimum due to the location
of a recessed fixture adjacent to the water closet Where an administrative authority
requires flush controls for flush valves to be located in a
position Mat conflicts with the
location of the rear grab bar,then the rear grab bar shall be permitted to be split or
shifted to the open side of the toilet area
c 604.8.1.5 Grab Bars,609.2.1 Circular Cross Section and 609.2.2 Non- ® fl C�
Circular Cross Section Grab bars with circular cross sections shall have an outside
diameter of one and one-fourth inches(32 mm)minimum and 2 inches(51 mm)
maximum. Grab bars with non-circular cross sections shall have a cross-section
dimension of 2 inches(51 mm)maximum and a perimeter dimension of 4 inches(100
mm)minimum and 4 8 inches(120 mm)maximum (NOTE: Around'grab bar has a
^otcular cross section'. it it were cut through,and you looked at the end of it,the grab
bar would be circular in shape. Newer grab bars also come in an'oval'or*rounded
rectangle'shape. These are acceptable,provided they meet the requirements for a
'non-circular cross section'described here)
d 609.3 Spacing The space between the wall and the grab bar shall be one and one- ® 0 0
half inches(38 mm). The space between the grab bar and projecting objects below and
at the ends shall be one and one-half inches(38 mm)minimum. The space between
elm grab bar and projecting objects above shall be 12 inches(305 mm)minimum.
e 609.4 Position of Grab Bars Grab bars shall be installed in a horizontal position, ® El
.33 inches(840 mm)minimum and 36 inches(915 mm)maximum above the finish floor
measured to the top of the gripping surface.
f 609.5 Surface Hazards,609.6 Fittings,and 609.8 Structural Strength Grab ® 0 0
bars and any wall or other surfaces adjacent to grab bars shall be free of sharp or
abrasive elements and shall have rounded edges. Grab bars shalt not rotate within their
fittings Allowable stresses shall not be exceeded for materials used when a vertical or
horizontal force of 250 pounds(1112 N)is applied at any point on the grab bar,
fastener,mounting device,or supporting structure. _
7 F213.3.1 and 604 Water Closets and Toilet Compartments
a 604.2 Typical Accessible Stall The water Loser shall be positioned with a wall or ® 0 fl
,partition to the rear and to one side. The centerline of the water closet shall be 16
inches(405 mm)minimum to 18 inches(455 mm)maximum from the side waft or
partition. Water closets shall be arranged for a left-hand or right-hand approach.
b 604.2 Ambulatory Accessible Stall The water closet in an ambulatory accessible ® [] 0
stall shall be positioned 17 inches(430 mm)minimum and 19 inches(485 mm)
maximum from the side wall or partition. The ambulatory accessible toilet compartment
shall have a depth of 60 inches(1525 mm)minimum and a width of 35 inches(890 mm)
and 37 inches(940 mm)maximum. (NOTE: An ambulatory accessible stall is required
only when six or more stalls are provided in a bathroom It is designed for persons who
are mobility impaired but do not use a wheelchair The stall is designed with grab bars
on both side walls to steady them as they stand and maneuver. See item 6a above for
grab bar requirements. The stall is not large enough for a wheelchair to enter and turn
around.)
8 604.3 Clearance Size and 604.3.2 Overlap Clearance around a water closet shall ® 0
be 60 inches(1525 rani)minimum measured perpendicular from the side wall and 56
inches(1420 mm)minimum measured perpendicular from Me rear wall The required
clearance around the water closet shall be permitted to overlap the wader closet,
associated grab bars,dispensers,sanitary napkin disposal units,coat hooks,shelves,
accessible routes,clear floor space and clearances required at other flxbrres,and the
fuming space. No other fixtures or obstructions shall be located within the required
water closet clearance. When the door to the toilet room is placed directly in front of the
water closet the water closet cannot overlap the required maneuvering clearance for
the door inside the room. _
9 604.4 Seats The seat height of a water closet above the finish floor shall be 17 inches E 0
(430 mm)minimum and 19 inches(485 mm)maximum measured to the top of the seat
A water closet in a toilet room for a single occupant accessed only through a private
office and not for common use or public use shalt not be required to comply
10 604.6 Flush Controls and 309.4 Operation Flush controls shall be hand ® El E
operated or automatic and shall be installed 44 inches(915 mm)maximum above the
finish floor Flush controls shall be located on the open side of the water closet except
m ambulatory accessible compartments with measurements as shown in item 7b above
<NOTE: In the ambulatory stall described in iter 7b above,the(lush control can be on
either side of the water closet,since the water closet es centered in the stall.) Hand
operated flush controls shall be operable with one hand and shall not require tight
grasping,pinching,or twisting of the wrist The force required to activate operable parts
shall be 5 pounds(22.2 N)maximum. (NOTE: As noted in Element 4,a fish weighing
scale may prove useful in measuring force.)
EXHIBIT B INITIALS: GOVT' ' LESSOR
AD-2056(12-03-09)(Building/Site Accessibility Compliance Checklist) Page 5 of 10
16E2
ELEMENT 5—RESTROOMS(Continued)
(ABA F2D6.2.4, F213.3.1, F216.2. F216.8;ABAAS 305,306, 308, 309,404, 603,604,605,606, 609)
REVIEW ITEM COMPLIANT? COMMENTS/MEASUREMENTS/
Yes No N/A SPECIAL CONDITIONS
11 F213.3.3 Urinals,605.2 Urinal Height and Depth,and 305 Clear Floor or ZODI
Ground Space Linnets shall be the stall-type or the wall-hung type with the rim 17
,inches(430 mm)maximum above the finish floor or ground. Urinals shall be 13 and
one-half inches(345 mm)deep minimum measured from the outer face of the urinal rim
to the back of the fixture. The clear floor or ground space shall be 30 inches(760 mm)
minimum by 48 inches(1220 mm)minimum.
12 604.7 Dispensers Toilet paper dispensers shall be operable with one hand and shall ® 0 0
not require tight grasping,pinching,or twisting of the wrist They shall be 7 inches(180
mm)minimum and 9 inches(230 mm)maximum in front of the water Closet measured to
the centerline of the dispenser The outlet of the dispenser snarl be 15 inches(380 mm)
minimum and 48 inches(1220 mm)maximum above the finish floor and shall not be
located behind grab bars. Dispensers shall not tie of a type that controls delivery or that
does not allow continuous paper flow
13 604.7 Dispensers If toilet paper dispensers are installed above the side wall grab ® O
bar,the outlet of the toilet paper dispenser must be 48 inches(1220 mm)maximum
above the finish floor and the top of the gripping surface of the grab bar must be 33
inches(840 mm)minimum and 36 inches(915 mm)maximum above the finish floor.
NOTE TO REVIEWER: A dispenser above a grab bar is not required,but if ifs
positioned above the grab bar,these are the required dimensions. Check box options
have been retained for this Advisory.
14 F213.3.4 Lavatories,305 Clear Floor or Ground Space,306,Knee and ® 0 D Under-sink plumbing is not cushioned
Toe Clearance,606.3 Height,and 606.5 Exposed Pipes and Surfaces
Lavatories and sinks shall be installed with the front of the higher of the nm or counter
surface 34 inches(865 mm)maximum above the finish floor ix ground (NOTE: A
Lavatory in a toilet or bathing facility for a single occupant accessed only through a
private office and not for common use or public use shall not be required to comply)
Water supply and drain pipes under lavatories and sinks shall be insulated or otherwise
configured to protect against contact. There shall be no sharp or abrasive surfaces
under lavatories or sinks. The clear floor space in front of sink shall be 30 inches(760
mm)minimum by 48 inches(1220 mm)minimum.
15 606.4 Faucets and 309 Operable Parts Controls for faucets shall be operable ® ❑ E
with one hand and shall not require tight grasping,pinching,or twisting of the wrist The
force required to activate operable parts shall be 5 pounds(22.2 N)
16 308 Reach Ranges,604.7 Dispensers,604.8.3 Coat Hooks and Shelves ® D
If soap and towel dispensers are provided,they must be located so that they are
conveniently usable by a person at the accessible lavatory. Coat hooks shall be located
within one of the reach ranges specified. Shelves shall be located 40 inches(1015 mm)
minimum and 48 inches(1220 mm)maximum above the finish floor Where a forwarq
or side reach is unobstructed the high forward or side reach shall be 48 inches(1220
mm)maximum and the low forward reach shall be 15 inches(380 mm)minimum above
die finish floor or ground. Where a forward reach is ovgr an obstrudirw the high
forward reach shall be 48 inches(1220 mm)maximum where the reach depth is 20
inches(510 mm)maximum. Where the reach depth exceeds 20 inches(510 mm),the
high forward reach shall be 44 inches(1120 mm)maximum and the reach depth shad
be 25 inches(625 mm)maximum. Where a Side reach is over an obsfrucbbn the high
side reach shall be 48 inches(1220 mm)maximum for a reach depth of 10 inches(255
mm)maximum. Where the reach depth exceeds 10 inches(255 mm),the high side
reach shall be 46 inches(1170 mm)maximum for a reach depth of 24 inches(510 min)
maximum.
17 F213.3.5 and 603.3 Mirrors Mirrors located above lavatories or countertops shall be ® ® 0
installed with the bottom edge of the reflecting surface 40 inches(1015 mm)maximum
above the finish floor or ground Minors not located above lavatories or countertops
shall be installed with the bottom edge of the reflecting surface 35 inches(890 mm)
maximum above the finish flow or ground. A single full-length mirror can accommodate
a greater number of people. in order for mirrors to be usable by people who are
ambulatory and people who use wheelchairs,it is advisable that the top of edge of
mirrors should be 74 inches(1880 mm)minimum from the floor or ground.
ELEMENT 6—ELEVATORS(ABA F206.2.3;ABAAS 302.1,407)
All persons benefit from conveniently located elevators. Adequate maneuvering space must be provided Provide time to enter tire cab and access the marked controls. Persons
with visual impairments need audible indicators for direction of travel and floors and tactile markings at all controls. Persons who are deaf or hard of hearing need this informabon
to be visual
REVIEW ITEM COMPLIANT? COMMENTS/MEASUREMENTS/
Yes No N/A SPECIAL CONDITIONS
1 F206.2.3 Multi-Story Buildings and Facilities,407.3 Elevator Door 0 0
Requirements At least one elevator shall serve each level on an accessible route in
a nwdistory facility,unless ramped Elevator doors shad be the honrontal sliding type
Car gates shall be prohibited. Elevator hoistway and car doors shall open and dose
automatically. Existing manually operated hastway swing doors shall be permitted
provided that they comply with 404.2.3 Clear Width and 404.2.9 Door and Gate
Opening Force. Car door Goosing shall not De initiated until me horstway door Is
closed
EXHIBIT B INITIALS: GOVT LESSOR!
AD-2056(12-03-09)(Building/Site Accessibility Compliance Checklist) Page 6 of 10
16E 2
ELEMENT 6-ELEVATORS(ABA F206.2.3; ABAAS 302.1,407)(Continued)
_ REVIEW ITEM COMPLIANT? COMMENTS/MEASUREMENTS/
2 407.3.3 Reopening Device Elevator doors shall be provided with a reopening Cl] 0 El
device that shall stop and reopen a car door and hoistway door automatically if the door
becomes obstructed by an object or person. The device shall be activated by sensing
an obstruction passing through the opening at 5 inches(125 mm)nominal and 29
inches(735 mm)nominal above the finish floor. The device snail not require physical
contact to be activated,although contact is permitted to occur before the door reverses
Door reopening devices shall remain effective for 20 seconds minimum. Existing
elevators with manually operated doors shall not be required to comply.
3 407.2.1 Call Controls Where elevator call buttons or keypads are provided,they El ❑
shall be located within one of the reach ranges specified in 308 Reach Ranges,
measured to the centerline of the highest operable part Call buttons shall be raised or
flush;however,existing elevators shall be permitted to have recessed call buttons.
Existing call buttons and existing keypads shall be permitted to be located at 54 inches
(1370 mm)maximum above the finish floor,measured to the centerline of the highest
operable part Call buttons shall be three-fourth inch(19 mm)minimum xr the smallest
dimension. Existing elevator call buttons shall not be required to comply A clear floor
or ground space complying with 305 Clear Floor or Ground Spaces shall be
provided at call controls The call button that designates the up direction shall be
located above the call button that designates the down direction. Destination.oriented
elevators shall not be required to comply
4 407.4.1 Car Dimensions Clear width of elevator doors shall be 42 inches(1065 0 0 DKI
mm)minimum if door location is centered. If door opens in the center the floor is at
,east 51 inches by 80 inches. If door opens on the side(off-centered),then door Gear
width shall be 36 inches(915 mm)minimum,a tolerance of minus 5tt inch(16 mm)is
permitteo. If door opens on one side,floor shall be at least 51 inches by 68 inches.
(NOTE Refer to guideline some other sizes are acceptable)
5 407.3.5 Door Delay Elevator doors shall remain fully open in response to a car call
fir 3 seconds minimum.
6 407.4.3 Platform to Hoistway Clearance The clearance between the car 0 0 121
platform sill and the edge of any hoistway landing shall be one and one-fourth inch(32
mm)maximum.
7 302.1 Floor or Ground Surfaces Elevator floor shall be stable,firm,and slip 0 ❑ ED
resistant
8 407.2.1.5 Signals,407.2.2 Hall Signals,and 407.2.3.1 Floor Designation 0 E
Call buttons shall have visible signals to indicate when each call is registered and when
each call is answered. Destination-onented elevators shall not be required to comply,
provided that visible and audible signals indicating which elevator car to enter are
provided. Floor designations shall be provided on both jambs of elevator hoistway
entrances. Floor designations shall be provided in both tactile characters and Braille.
Tactile characters shall be 2 inches(51 mm)high minimum. A tactile star shall be
provided on both jambs at the ream entry level.
9 407.4.6.4 Emergency Controls,407.4.7 Designations and Indicators of C] 0
Car Controls,and 407.4.7.1.4 Visible Indicators Emergency control buttons
shall have their centerlines 35 inches(890 mm)minimum above the finish floor
Emergency controls,including the emergency alarm,shall be grouped at the bottom of
the panel Control buttons shall be identified by tactile characters Raised character
and Braille designations shall be placed immediately to the left of the control button to 1,
which the designations apply Where space on an existing car operating panel
precludes tactile markings to the left of the controls,markings shall be placed as near to
the control as possible The control button for the emergency stop alarm,door open,
door close,main entry floor,and phone,shall be identified with tactile symbols. Refer to
Table 407.4.7.1.3 Elevator Control Button Identification. Buttons with floor
designations shall be provided with visible indicators to show that a call has been
registered The visible indication shalt extinguish when the car arrives at the designated
floor
10 407.4.4 Leveling Each car shall be equipped with a self-leveling feature that will 0 C
automatically bnng and maintain the car at floor landings within a tolerance of one-half
,inch(13 mm)under rated loading to zero loading conditions
ELEMENT 7-STAIRS AND LIFTS(ABAAS 504, 505)
People with visual impairments need stairs that have uniform tread and riser height,that have handrails which guide them and which indicate landings. Stair lifts benefit people with
mobility impairments but cannot substitute for elevators in new Construction. They can be a successful solution to existing stairs that cannot be ramped.
REVIEW ITEM COMPLIANT? COMMENTS/MEASUREMENTS/
Yes No N/A SPECIAL CONDITIONS
1 504.2 Stairway Treads and Risers All steps on a flight of stairs shall have uniform El EEi
riser heights and uniform tread depths. Risers shall be 4 inches(100 mm)high
minimum and 7 inches(180 mm)high maximum. Treads shall be 11 inches(280 man)
deep minimum. Open risers are not permitted Stair treads shall be stable,firm,and
slip resistant Changes in level are not permitted Treads shall be permitted to have a
slope not steeper than 1.48
2 504.5 Nosings The radius of curvature al the leading edge of the tread shall be one- 0 0
Ng
half inch(13 mm)maximum. Nosings that project beyond risers shall have the
underside of the leading edge curved or beveled. The permitted projection of the nosing
shad extend one and one-half inches(38 mm)maximum over the tread •
EXHIBIT B INITIALS: GOVT ._._ LESSOR
AD-2056(12-03-09)(Building/Site Accessibility Compliance Checklist) Page 7 of 10 1
16E2
ELEMENT 7-STAIRS AND LIFTS (ABAAS 504, 505)(Continued)
REVIEW ITEM COMPLIANT? COMMENTS/MEASUREMENTS/
Yes No N/A SPECIAL CONDITIONS
3 505 Handrails,505.10.2 Top Extension of Stairs,and 505.10.3 Bottom 0 0
El
Extension of Stairs Peter to Element 3,;tem 12 a-t At the top of a stair flight,
handrails shall extend horizontally above the landing for 12 inches(305 mm)minimum
beginning directly above the first riser nosing Extensions shall return to a wall,guard,
or the landing surface,or shall be continuous to the handrail of an adjacent stair flight
At the bottom of a stair flight,handrails shall extend at the slope of the stair flight for e
horizontal distance at least equal to one tread depth beyond the last nser nosing
Extension shall return to a wall,guard.or the landing surface,or shall be continuous to
the handrail of an adjacent stair flight
ELEMENT 8-COMMUNICATION ELEMENTS AND FEATURES
(ADA 215, 216;ABA F215, F216, F217;ABAAS 305, 308,702,703,704, 705)
Persons with disabilities need exhibits,signs and information displays adequately lighted,in high-contrast colors,in large,easy-to-read print.in Braille and at levels where the
material may be read by people who are short or by persons in wheelchairs. Tactile objects allow persons with visual impairments to enjoy exhibits and displays. Audio
information,or some other format,should be available to persons who are deaf or hard of hearing. The services available to provide accessibility as well as general information
about the building or site,should inform persons on the extent of the building's or site's accessibility.
Persons using wheelchairs need adequate clear floor space to access telephones and a low mounting rieight so they can reams all operable parts. Individuals with heanng
impairments need volume controls
Section 508 of the Rehabilitation Act of 1973,as amended(29 U S C 794d)requires that when Federal agencies develop,procure,maintain,or use electronic and information
technology,Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not
individuals with disabilities,unless art undue burden would be imposed on the agency Section 508 also requires that individuals with disabilities,who are members of the public
seeking information or services from a Federal agency,have access to and use of information and data that is comparable to that provided to the public who are not individuals with
disabilities,unless an undue burden would be imposed on the agency.
People with visual impairments need audible emergency warning systems;and persons with hearing impairments need visual alarms.
COMPLIANT? COMMENTS/MEASUREMENTS/
REVIEW ITEM
Yes No N/A SPECIAL CONDITIONS
1 F216.2 Designations and 703 Signs interior and exterior signs provide direction to El Ej
or information about spaces and facilities of the site and can be located in parking lots,
at entrances,exit passageways,restrooms,telephone areas,or any room or space
where designations,labels,or names are needed. Where both visual and tactile
characters are required(interior or exterior),either one sign with both visual and tactile
characters,or two separate signs,one with visual,and one with tactile characters,shall
be provided Tactile text descriptors are required for pictograms that are provided to
label or identify a permanent room or space. Pictograms that provide information about
a room or space,such as'no smoking,'occupant logos,and the International Symbol of
Accessibility are not required to have text descriptors. _
2 703 Signs Visual signs should have color contrast and be of appropriate height(48-60 is 0
inches)and located on the latch side of door. Characters shall be uppercase and shall
not be italic,oblique,script,highly decorative,or of other unusual formats. Signs
duplicated in Braille(designed to be read by touch)should have raised characters with
no sharp or abrasive edges. (NOTE: Exempted for existing signs until sign replaced or
lease renewed.)
3 703.4.1 Height Above Finish Floor or Ground and 703.4.2 Location Visual ® 0 0
signs shall be at appropriate height(48-60 inches)from the finish floor or ground
surface and located on the latch side of door. Signs containing tactile characters shall
be located so that a clear floor space of 18 inches(455 mm)minimum by 18 inches
(455 mm)minimum,centered on the tactile characters,is provided beyond the arc or
any door swing between the closed position and 45 degree open position Where a
tactile sign is provided at double doors with one active leaf,the sign shall be located on
the inactive leaf. Where a tactile sign is provided at double doors with two active leafs,
,tire sign shall be located to the right of the right hand door Where there is no wall
space at the latch side of a single door or at the right side of double doors,signs shall
be located on the nearest adjacent wall Signs with tactile characters shall be permitted
_Jon the push side of doors with closers and without hold-open devices.
4 F216,703 Signs,and 703.5.1 Finish and Contrast Visual signs should have
color contrast Characters shall be uppercase and shall not be italic,oblique,script,
highly decorative.or of other unusual formats. Visual characters and their background
shall have a non-glare finish. Characters shall contrast with their background with either
light characters on a dark background or dark characters on a light background
Shadows cast by lighting sources,surface glare,and the uniformity of text should be
considerations. Signs duplicated in Braille(designed to be read by touch)should have
raised characters 1/32 inch(0 8 mm)above their background with no sharp or abrasive
edges. (NOTE: Exempted for existing signs until sign replaced or lease renewed.' _
5 F217.2 Wheelchair Accessible Telephones,305 Clear Floor or Ground 0 0
Space,308 Reach Ranges,and 704 Telephones Where public telephones are
provided,at least one accessible wheelchair telephone shall be provided per floor,level,
and exterior site on an accessible route. Clear floor space shall be 30 inches by 48
inches minimum in Front of phone. Telephones shall have push-button controls where
such service is available and be within a reach range of 48 inches maximum The cord
,6om the telephone to the handset shall be 29 inches(735 mm)long minimum.
6 F217.4 and 704.4 TTYs Where four or more public telephones are provided in a 0 El
El
group,a TTY for the deaf or hard of hearing shall be provided per floor,level,and
exterior site on en accessible mute. TTYs required at a public pay telephone for the
deaf or hard of hearing shall be permanently affixed within,or adjacent to,the telephone
enclosure. Where an acoustic coupler is used,the telephone cord shall be sufficiently
long to allow connection of the TTY and the telephone receiver
EXHIE311 B INI I !ALS: GOD I -s LESSOR
AD-2058(12-03-09)(Building/Site Accessibility Compliance Checklist) ` Page 8 of 10
16E 2
ELEMENT 8-COMMUNICATION ELEMENTS AND FEATURES(Continued)
(ADA 215, 216; ABA F215, F216, F217, F230;ABAAS 305, 308, 702,703, 704,705,708)
7 Rehabilitation Act,Section 508(29 USC 794d)requires agencies to make their ❑ ❑
electronic and information technology accessible to people with disabilities The law was
inacted to direct agencies to give disabled employees and members of the public
access to information that is comparable to the access available to others. To comply
with this ruling,services available to people with disabilities(i.e.,sign language,
captioned films, etc.)shall be identified and publicized. In addition. accessibility
features should be included in any publicized materials relating to a facility or its
,programs and activities.
8 702 Fire Alarm Systems Fire alarm systems shall have permanently installed ®
audible and visible(flashing)alarms.
9 F230 and 708 Two-Way Communication Systems Where a two-way •
f ® 0
Communication system is provided to grain admittance to a building or facility or to
restricted areas within a building or facility,the system shall provide both audible and
visual signals. A light can be used to indicate visually that assistance is on the way.
Signs indicating the meaning of visual signals should be provided. Handset cords,rf
provided,shall be 29 inches(735 mm)long minimum
ELEMENT 9-DRINKING FOUNTAINS(ADA 211; ABA F211;ABAAS 305.3, 306.2,306.3,309, 602.2,602.4, 602.6)
Individuals using wheelchairs need dunking fountains mounted low so they can reach the spout They need to be able to pull up under the fountain or along its side. Persons who
have difficulty using their hands need controls that can Ce easily operated.
1 F211.2 Minimum Number and 602.2 Clear Floor Space Where drinking 0 0
fountains are provided on an accessible exterior site,on a floor,or within a secured
area,no fewer than two drinking fountains shall be provided. (NOTE: A hightlow
combination drinking fountain may be used to meet this requirement. The object is to
provide a low water outlet for wheelchair users and a high water outlet for those
individuals who experience problems in bending.) Units shall have a clear floor or
ground space measuring 30 inches(760 mm)minimum by 48 inches(1220 mm)
minimum and positioned for a forward approach and centered on the unit Knee
clearance space under the fountain shall be between 9 inches(230 mm)and 27 inches
(685 mm)above the finish floor or ground. Knee clearance shall extend 25 inches(635
mm)maximum under an element at 9 inches(230 mm)above the finish floor or ground
Where knee clearance is required under an element as part of a clear floor spare.the
knee clearance shall be 11 inches(280 mm)deep minimum at 9 inches(230 mm)
above the finish floor or ground,and 8 inches(205 mm)deep minimum at 27 inches
(685 mm)above the finish floor or ground
2 602.3 Operable Parts,602.4 Spout Height,602.5 Spout Location,and
602.6 Water Flow Operable parts shall be operable with one hand and shall not
require tight grasping,pinching,or twisting of the wrist Spout outlets shall be 36 inches
(915 mm)maximum above the finish flow or ground. The spout shall be located 15
inches(380 mm)minimum from the vertical support and 5 inches(125 mm)maximum
from the front edge of the unit,including bumpers. The spout shall provide a flow of
water 4 inches(100 mm)high minimum and shall be located 5 inches(125 mm)
maximum from the front of the unit Where a single dunking fountain(such as a lu-lo
unit')complies with items 1 and 2,it shall be permitted to be substituted for two
separate drinking fountains.
3 602.7 Drinking Fountains for Standing Persons Where more than the ® 0 1
minimum number of drinking fountains are provided,50 percent of the total number of
dunking fountains shad comply with items 1 and 2 above. For the other 50 percent.
.spout outlets of drinking fountains for standing persons shall be 38 inches(965 mm)
minimum and 43 inches(1090 mm)maximum above the finish floor or ground.
4 306.3 Knee Clearance Knee clearance space under an element shall be between 9
inches(230 mm)and 27 inches(685 mm)above the finish floor or ground. Where knee
clearance is required under an element as part of a clear floor space,the knee
clearance shall be 11 inches(280 mm)deep minimum at 9 inches(230 mm)above the
finish floor or ground.and 8 inches(205 mm)deep minimum at 27 inches(685 mm)
above the finish floor or ground
ELEMENT 10-ASSEMBLY,MEETING AND CONFERENCE AREAS(ADA 221; ABA F206, F219, F221; ABAAS 802)
People using wheelchairs need a level area from which they can view the performance area. For a conference room,space for a wheelchair to maneuver into the room and to the
table and space at the conference table would be provided. Both the seating area and the performance area must be on an accessible route Persons with hearing impairments
need an auxiliary listening system.
1 F221.2.1.1 Number of Wheelchair Spaces in Assembly Areas Wheelchair 0El
spaces shall comply as follows
Minimum Number of
Number of Seats Regwred Wheelchair Spaces
4to25 1
26to50 2
51 to 150 4
151 to 300 5
301 to 500 6
2 F221.2 Wheelchair Spaces and 802 Wheelchair Spaces,Companion 0 0 0 i — �—
Seats,and Designated Aisle Seats The floor or ground surface of wheelchair
spaces Shall be stable,firm,and slip resistant Changes in level are not permitted.
Slopes riot steeper than 1:48 shall be permitted.
EXHIBIT B INITIALS: GOV� LESSOR
AD-2056(12-03-09)(BuildingiSite Accessibility Compliance Checklist) Page 9 of 10
16E2
ELEMENT 10-ASSEMBLY, MEETING AND CONFERENCE AREAS(Continued)
(ADA 221; ABA F206, F219, F221; ABAAS 802)
3 8021.4 Approach and 802.1.5 Overlap Wheekhairspaces shall adjoin E
accessible routes. Accessible routes shall not overlap wheelchair spaces Because
accessible routes serving wheelchair spaces are not permitted to overlap the clear floor
space at wheelchair spaces,access to any wheelchair space cannot be through another
wheelchair space. Wheelchair spaces shall riot overlap circulation paths. The term
'circulation paths"means aisle width required by applicable building or life safety codes
for the specific assembly occupancy Where the circulation path provided is wider than
the required aisle width,the wheelchair space may intrude into that portion of the
circulation path that is provided in excess of the required aisle width
4 802.2 Lines of Sight Persons in wheelchair spaces shall be afforded tunes of sight to E 0 E
a screen,performance area,or playing field over the heads or between the shoulders of
;seated or standing spectators in front of wheelchair spaces
5 802.3 Companion Seats and 802.4 Designated Aisle Seats In row searing, 0 E
companion seats snail be located to provide shoulder alignment with adjacent
wheelchair spaces. The shoulder alignment point of the wheelchair space shall be
measured 36 inches(915 mm)from the front of the wheelchair space. The floor surface
of the companion seat shall be at the same elevation as the floor surface of the
wheelchair space. Companion seats shall be equivalent in size,quality,comfort,and
!amenities to the seating in the immediate area. Companion seats shall be permitted to
be movable. Where armrests are provided on the seating in the immediate area,folding
or retractable armrests shall be provided on the aisle side of the seat. Each designated
aisle seat shall be identified by a sign or marker
6 F206.2.6 Performance Areas Where a circulation path directly connects a E E E
performance area to an assembly seating area,an accessible route shall directly
connect the assembly seating area with the performance area.
7 F219 Assistive Listening Systems If audio amplification is provided in the fl E
assembly area,assistive listening systems(volume controls, wireless headphones,
inferred,etc.)shall be provided in each assembly area where audible communication is
integral to the use of the space. Twenty-five percent minimum of receivers provided,
but no fewer than two,shall be hearing-aid compatible Where a building contains more
than one assembly area and the assembly areas required to provide assistive listening
systems are under one management,the total number of required receivers shall be
permitted to be calculated according to the total number of seats in the assembly areas
in the building provided that all receivers are usable with all systems. Where all seats in
an assembly area are served by an induction loop assistive listening system,the
minimum number of receivers required to be hearing-aid compatible shall not be
required to be provided.
ELEMENT 11 -BREAK ROOMS, PICNIC AREAS, SEATING, TABLES, DINING AND WORK AREAS
(ABA F202.6.5.7, F225, F226;ABAAS 302,305, 306, 309,811,902)
People using wheelchairs need access into the break room and space to pull up to a table Typical tables provide an accessible height surface People using wheelchairs need
picnic tables with one end extended or with a portion of a bench removed so that the table legs or benches do not prohibit access Picnic tables need to be on an accessible route
and located on a firm,level surface. Persons using wheelchairs need seating with flat,Gear floor space in front of tables,counters.and work areas,as well as sufficient knee
clearance.
1 F226 Dining and Work Surfaces, 302 Floor or Ground Surfaces,305 ® [] fl
Clear Floor or Ground Space Where dining surfaces are provided for the
consumption of food or drink,at least 5 percent of the seating or standing spaces at the
dining surfaces shall provide for a clear floor or ground space of 30 inches(760 mm)
minimum by 48 inches(1220 mm)minimum.with a forward positioned approach. Floor
and ground surfaces shall be stable,firm,and slip resistant. This also applies to work
surfaces. Five percent,but not less than one,of permanently installed work surfaces
used by employees in each work area must be accessible.
2 306.3 Knee Clearance Knee clearance space under an element shall be between 9 E f
inches(230 mm)and 27 inches(685 mm)above the finish floor or ground Where knee
clearance is required under an element as part of a dear Moor space,the knee
clearance shall be 11 inches(280 mm)deep minimum at 9 inches(230 mm)above the
hnish floor or ground,and 8 inches(205 mm)deep minimum at 27 inches(685 mm)
above the finish floor or ground.
3 902.3 Height The tops of dining or work surfaces shall be 28 inches(710 mm)
minimum and.34 inches(865 mm)maximum above the finish floor or ground
4 rF202.6.5.7 Depositories,Vending Machines,Change Machines,and Mail 0 0
Boxes Where provided,at least one of each type of depository, vending or change
machine shall comply with guidelines under 309 Operable Parts. Where mail boxes
are provided in an interior location at least 5 percent,but no fewer than one shall
comply with 309.
5 F225 Storage Facilities Where storage is provided in accessible spaces,at least 0 E E
one of each type shall follow accessibility guidelines Types of storage include,but are
not limited to,closets,cabinets,shelves,clothes rods,hooks,and drawers. Refer to
811 Storage for detailed specifications.
5. APPROVALS
a. PRINTED NAME OF INDIVIDUAL b. TiTLE C. SIGNATURE d. DATE
1
2
3
EXHIBIT B INIT141 S:_CryfT\ I PSSfR
AD-2056(12-03-09)(Building/Site Accessibility Compliance Checklist) Page 10 of 10
16E 2
EXHIBIT C
SECURITY REQUIREMENTS - FACILITY SECURITY LEVEL I
THESE PARAGRAPHS CONTAIN SECURITY REQUIREMENTS, AND, UNLESS INDICATED OTHERWISE,
ARE TO BE PRICED AS PART OF THE BUILDING SHELL. WHERE THEY ARE IN CONFLICT WITH ANY
OTHER REQUIREMENTS ON THIS LEASE, THE STRICTEST SHALL APPLY.
DEFINITIONS:
CRITICAL AREAS - The areas that house systems that if damaged or compromised could have significant
adverse consequences for the facility, operation of the facility. or mission of the agency or its occupants and
visitors. These areas may also be referred to as "limited access areas." 'restricted areas." or "exclusionary
zones." Critical areas do not necessarily have to be within Government-controlled space (e.g. generators, air
handlers. electrical feeds which could be located outside Government-controlled space)
SENSITIVE AREAS — Sensitive areas include vaults, Sensitive Compartmented Information Facilities (SCIFs),
evidence rooms, war rooms, and sensitive documents areas. Sensitive areas are primarily housed within
Government-controlled space.
FACILITY ENTRANCES, LOBBY, COMMON AREAS, NON-PUBLIC, AND UTILITY AREAS.
FACILITY ENTRANCES AND LOBBY
EMPLOYEE ACCESS CONTROL AT ENTRANCES (SHELL)
The Lessor shall provide key or electronic access control for the entrance to this building. All Government
employees, under this lease, shall be allowed access to the leased space(including after-hours access).
COMMON AREAS, NON-PUBLIC, AND UTILITY AREAS.
PUBLIC RESTROOM ACCESS
The Government reserves the right to control access to public restrooms located within the Space.
SECURING CRITICAL AREAS
The Lessor shall secure areas designated as Critical Areas to restrict access
•
A. Keyed locks, keycards, or similar security measures shall strictly control access to mechanical areas.
Additional controls for access to keys, keycards, and key codes shall be strictly maintained The Lessor shall
develop and maintain accurate HVAC plans and HVAC system labeling within mechanical areas.
B Roofs with HVAC systems shall also be secured. Fencing or other barriers may be required to restrict access
from adjacent roofs based on a Government Building Security Assessment. Roof access shall be strictly
controlled through keyed locks, keycards, or similar measures. Fire and life safety egress shall be carefully
reviewed when restricting roof access.
C. At a minimum, Lessor shall secure building mechanical and janitorial areas including sprinkler rooms,
electrical closets, telecommunications rooms and janitor closets
VISITOR ACCESS CONTROL
Entrances are open to the public during business hours. After hours, visitor entrances are secured, and have a
means to verify the identity of persons requesting access prior to allowing entry into the Space.
Security Requirements (Level I) (REV 4/10/13) Page 1 Initials. LESSOR GOV'T
16E 2
EXHIBIT C
INTERIOR(GOVERNMENT SPACE)
DESIGNATED ENTRANCES
The Government shall have a designated main entrance.
IDENTITY VERIFICATION
The Government reserves the right to verify the identity of persons requesting access to the Space prior to
allowing entry.
FORMAL KEY CONTROL PROGRAM
The Government reserves the right to implement a formal key control program. The lessor shall have a means of
allowing the electronic disabling of lost or stolen access media, if electronic media is used.
SITES
SIGNAGE
POSTING OF SIGNAGE IDENTIFYING THE SPACE AS GOVERNMENTAL
The Lessor shall not post sign(s) or otherwise identify the facility and parking areas as a Government. or specific
Government tenant, occupied facility, including during construction: without written Government approval.
POSTING OF REGULATORY SIGNAGE
The Government may post or request the Lessor to post regulatory, statutory and site specific signage at the
direction of the Government.
LANDSCAPING
LANDSCAPING REQUIREMENTS
Lessor shall maintain landscaping (trees, bushes. hedges, land contour, etc,) around the facility. Landscaping
shall be neatly trimmed in order to minimize the opportunity for concealment of individuals and
packages/containers. Landscaping shall not obstruct the views of security guards and CCTV cameras, or interfere
with lighting or IDS equipment.
CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN
The Lessor shall separate from public access, restricted areas as designated by the Government, through the
application of Crime Prevention Through Environmental Design (OPTED) principles by using trees. hedges,
berms, or a combination of these or similar features, and by fences, walls, gates and other barriers, where
feasible and acceptable to the Government.
SECURITY SYSTEMS
No requirements
STRUCTURE
Lessor shall provide written emergency shutdown procedures for air handlers.
Security Requirements (Level I) (REV 4/10/13) Page 2 Initials: LESSOR GOV'T
16E 2
EXHIBIT C
OPERATIONS AND ADMINISTRATION
LESSOR TO WORK WITH FACILITY SECURITY COMMITTEE (FSC)
The Lessor shall cooperate and work with the buildings Facility Security Committee (FSC) throughout the term of
the lease.
ACCESS TO BUILDING INFORMATION
Building Information—including mechanical. electrical, vertical transport, fire and life safety. security system plans
and schematics, computer automation systems. and emergency operations procedures—shall be strictly
controlled. Such information shall be released to authorized personnel only, approved by the Government, by the
development of an access list and controlled copy numbering. The Contracting Officer may direct that the names
and locations of Government tenants not be disclosed in any publicly accessed document or record. If that is the
case, the Government may request that such information not be posted in the building directory.
Lessor shall have emergency plans and associated documents readily available in the event of an emergency
Security Requirements (Level I) (REV 4/10/13) Page 3 Initials: LESSOR GOV'T
16E 2
EXHIBIT E
GENERAL CLAUSES
(Acquisition of Leasehold Interests in Real Property)
CATEGORY CLAUSE NO. 48 CFR REF. CLAUSE TITLE
GENERAL 1 SUBLETTING AND ASSIGNMENT
2 552 270-11 SUCCESSORS BOUND
3 552.270-23 SUBORDINATION, NON-DISTURBANCE AND
ATTORNMENT
4 552.270-24 STATEMENT OF LEASE
5 552.270-25 SUBSTITUTION OF TENANT AGENCY
6 552.270-26 NO WAIVER
7 INTEGRATED AGREEMENT
8 552.270-28 MUTUALITY OF OBLIGATION
PERFORMANCE 9 DELIVERY AND CONDITION
10 DEFAULT BY LESSOR
11 552.270-19 PROGRESSIVE OCCUPANCY
12 MAINTENANCE OF THE PROPERTY, RIGHT TO
INSPECT
13 FIRE AND CASUALTY DAMAGE
14 COMPLIANCE WITH APPLICABLE LAW
15 552.270-12 ALTERATIONS
16 ACCEPTANCE OF SPACE AND CERTIFICATE OF
OCCUPANCY
PAYMENT 17 52.204-7 SYSTEM FOR AWARD MANAGEMENT
18 52.204-13 SYSTEM FOR AWARD MANAGEMENT
MAINTENANCE
19 552.270-31 PROMPT PAYMENT
20 552 232-23 ASSIGNMENT OF CLAIMS
21 552.270-20 PAYMENT
22 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—
SYSTEM FOR AWARD MANAGEMENT
STANDARDS OF CONDUCT 23 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND
CONDUCT
24 552.270-32 COVENANT AGAINST CONTINGENT FEES
25 52-203-7 ANTI-KICKBACK PROCEDURES
26 52-223-6 DRUG-FREE WORKPLACE
27 52.203-14 DISPLAY OF HOTLINE POSTER(S)
ADJUSTMENTS 28 552.270-30 PRICE ADJUSTMENT FOR ILLEGAL OR
IMPROPER ACTIVITY
29 52-215-10 PRICE REDUCTION FOR DEFECTIVE COST OR
PRICING DATA
30 552.270-13 PROPOSALS FOR ADJUSTMENT
31 CHANGES
AUDITS 32 552.215-70 EXAMINATION OF RECORDS BY GSA
33 52 215-2 AUDIT AND RECORDS—NEGOTIATION
NITLALS.
LESS GOVERNMENT GSA FORM 35176 PAGE 1 (REV 04/15)
16E 2
EXHIBIT E
DISPUTES 34 52.233-1 DISPUTES
LABOR STANDARDS 35 52.222-26 EQUAL OPPORTUNITY
36 52.222-21 PROHIBITION OF SEGREGATED FACILITIES
37 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM
REREPRESENTATION
38 52.222-35 EQUAL OPPORTUNITY FOR VETERANS
39 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH
DISABILITIES
40 52.222-37 EMPLOYMENT REPORTS VETERANS
SUBCONTRACTING 41 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST
WHEN SUBCONTRACTING WITH CONTRACTORS
DEBARRED SUSPENDED, OR PROPOSED FOR
DEBARMENT
42 52 215-12 SUBCONTRACTOR CERTIFIED COST OR
PRICING DATA
43 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS
44 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN
45 52 219-16 LIQUIDATED DAMAGES—SUBCONTRACTING
PLAN
46 52.204-10 REPORTING EXECUTIVE COMPENSATION AND
FIRST-TIER SUBCONTRACT AWARDS
The information collection requirements contained in this solicitation/contract that are not required by regulation
have been approved by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act
and assigned the OMB Control No. 3090-0163.
INITIALS-
LESSOR
NITIALS LESSOR GOVERNMENT GSA FORM 35176 PAGE 2(REV 04/15)
16E 2
EXHIBIT E
GENERAL CLAUSES
(Acquisition of Leasehold Interests in Real Property)
1. SUBLETTING AND ASSIGNMENT (JAN 2011)
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 subletting or assignment shall be subject to prior written consent of Lessor,
which shall not be unreasonably withheld.
2. 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.
3. 552.270-23 SUBORDINATION, NON-DISTURBANCE 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 non-disturbance 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.
INITIALS:
LESSGOVERNMENT GSA FORM 35178 PAGE 3(REV 04/151
EXHIBIT E
4. 552.270-24 STATEMENT OF LEASE (SEP 1999) 16E2
(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 pre-purchase and pre-commitment
inspection of the Premises and Building and by inquiry to appropriate Federal, State and local Government
officials.
5. 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
Government agency or agencies, if any, named in the lease.
6. 552.270-26 NO WAIVER (SEP 1999)
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.
7. INTEGRATED AGREEMENT (JUN 2012)
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. Except as expressly attached to
and made a part of the Lease, neither the Request for Lease Proposals nor any pre-award communications by
either party shall be incorporated in the Lease.
8. 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.
9. DELIVERY AND CONDITION (JAN 2011)
(a) Unless the Government elects to have the space occupied in increments, the space must be
delivered ready for occupancy as a complete unit.
INITIALS: ____
LESSO GOVERNMENT GSA FORM 3517B PAGE 4(REV 04/15)
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EXHIBIT E
(b) The Government may elect to accept the Space notwithstanding the Lessor's failure to deliver the
Space substantially complete; if the Government so elects, it may reduce the rent payments.
10. DEFAULT BY LESSOR (APR 2012)
(a) The following conditions shall constitute default by the Lessor, and shall give rise to the following
rights and remedies for the Government:
(1) Prior to Acceptance of the Premises. Failure by the Lessor to diligently perform all
obligations required for Acceptance of the Space within the times specified, without excuse, shall constitute a
default by the Lessor. Subject to provision of notice of default to the Lessor, and provision of a reasonable
opportunity for the Lessor to cure its default, the Government may terminate the Lease on account of the Lessor's
default.
(2) After Acceptance of the Premises. Failure by the Lessor to perform any service, to provide
any item. or satisfy any requirement of this Lease, without excuse, shall constitute a default by the Lessor
Subject to provision of notice of default to the Lessor, and provision of a reasonable opportunity for the Lessor to
cure its default, the Government may perform the service, provide the item, or obtain satisfaction of the
requirement by its own employees or contractors. If the Government elects to take such action, the Government
may deduct from rental payments its costs incurred in connection with taking the action. Alternatively, the
Government may reduce the rent by an amount reasonably calculated to approximate the cost or value of the
service not performed, item not provided, or requirement not satisfied, such reduction effective as of the date of
the commencement of the default condition.
(3) Grounds for Termination. The Government may terminate the Lease if:
1
(i) The Lessor's default persists notwithstanding provision of notice and reasonable f
opportunity to cure by the Government, or
(ii) The Lessor fails to take such actions as are necessary to prevent the recurrence of
default conditions,
and such conditions (i) or (ii) substantially impair the safe and healthful occupancy of the Premises, or render the
Space unusable for its intended purposes.
(4) Excuse. Failure by the Lessor to timely deliver the Space or perform any service, provide
any item. or satisfy any requirement of this Lease shall not be excused if its failure in performance arises from:
(i) Circumstances within the Lessor's control;
(ii) Circumstances about which the Lessor had actual or constructive knowledge prior to
the Lease Award Date that could reasonably be expected to affect the Lessor's capability
to perform regardless of the Government's knowledge of such matters,
(iii) The condition of the Property:
(iv) The acts or omissions of the Lessor. its employees, agents or contractors: or
(v) The Lessor's inability to obtain sufficient financial resources to perform its
obligations.
(5) The rights and remedies specified in this clause are in addition to any and all remedies to
which the Government may be entitled as a matter of law.
INITIALS' &
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EXHIBIT E
11. 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 rata
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.
12. MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT (APR 2015)
The Lessor shall maintain the Property, including the building, building systems, and all equipment, fixtures, and
appurtenances furnished by the Lessor under this Lease, in good repair and tenantable 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. Upon request of the Lease Contracting
Officer (LCO). the Lessor shall provide written documentation that building systems have been properly
maintained, tested, and are operational within manufacturer's warranted operating standards. The Lessor shall
maintain the Premises in a safe and healthful condition according to applicable OSHA standards and all other
requirements of this Lease, including standards governing indoor air quality, existence of mold and other
biological hazards, presence of hazardous materials. etc. The Government shall have the right, at any time after
the Lease Award Date and during the term of the Lease, to inspect all areas of the Property to which access is
necessary for the purpose of determining the Lessor's compliance with this clause.
13. FIRE AND CASUALTY DAMAGE (MAR 2013)
If the building in which the Premises are located is totally destroyed or damaged by fire or other casualty, this
Lease shall immediately terminate. If the building in which the Premises are located are only partially destroyed
or damaged, so as to render the Premises untenantable, or not usable for their intended purpose, the Lessor shall
have the option to elect to repair and restore the Premises or terminate the Lease. The Lessor shall be permitted
a reasonable amount of time, not to exceed 270 days from the event of destruction or damage, to repair or
restore the Premises, provided that the Lessor submits to the Government a reasonable schedule for repair of the
Premises within 60 days of the event of destruction or damage. If the Lessor fails to timely submit a reasonable
schedule for completing the work, the Government may elect to terminate the Lease effective as of the date of the
event of destruction or damage. If the Lessor elects to repair or restore the Premises, but fails to repair or restore
the Premises within 270 days from the event of destruction or damage, or fails to diligently pursue such repairs or
restoration so as to render timely completion commercially impracticable, the Government may terminate the
Lease effective as of the date of the destruction or damage. During the time that the Premises are unoccupied.
rent shall be abated. Termination of the Lease by either party under this clause shall not give rise to liability for
either party.
This clause shall not apply if the event of destruction or damage is caused by the Lessor's negligence or willful
misconduct.
14. COMPLIANCE WITH APPLICABLE LAW (JAN 2011)
Lessor shall comply with all Federal, state and local laws applicable to its ownership and leasing of the Property,
including, without limitation, laws applicable to the construction. ownership, alteration or operation of all buildings,
structures, and facilities located thereon, and obtain all necessary permits. licenses and similar items at its own
expense. The Government will comply with all Federal, State and local laws applicable to and enforceable against
INiTIALS'.
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EXHIBIT E
it as a tenant under this lease, provided that nothing in this Lease shall be construed as a waiver of the sovereign
immunity of the Government. This Lease shall be governed by Federal law
15. 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.
16. ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY (APR 2015)
(a) Ten (10) working days prior to the completion of the Space. the Lessor shall issue written notice
to the Government to schedule the inspection of the Space for acceptance. The Government shall accept the
Space only if the construction of building shell and Tls conforming to this Lease and the approved DIDs is
substantially complete, and a Certificate of Occupancy has been issued as set forth below.
(b) The Space shall be considered substantially complete only if the Space may be used for its
intended purpose and completion of remaining work will not unreasonably interfere with the Government's
enjoyment of the Space. Acceptance shall be final and binding upon the Government with respect to
conformance of the completed Tls to the approved DIDs. with the exception of items identified on a punchlist
generated as a result of the inspection, concealed conditions, latent defects, or fraud, but shall not relieve the
Lessor of any other Lease requirements.
(c) The Lessor shall provide a valid Certificate of Occupancy, issued by the local jurisdiction, for the
intended use of the Government. If the local jurisdiction does not issue Certificates of Occupancy or if the
Certificate of Occupancy is not available, the Lessor may satisfy this condition by providing a report prepared by a
licensed fire protection engineer that indicates that the Space and Building are compliant with all applicable local
codes and ordinances and all fire protection and life safety-related requirements of this Lease to ensure an
acceptable level of safety is provided. Under such circumstances, the Government shall only accept the Space
without a Certificate of Occupancy if a licensed fire protection engineer determines that the offered space is
compliant with all applicable local codes and ordinances and fire protection and life safety-related requirements of j
this Lease.
17. 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)
(a) Definitions. As used in this provision—
"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and
Bradstreet, Inc. (D&B) to identify unique business entities.
"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B
plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character
suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional
System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see
the FAR at Subpart 32.11)for the same concern.
i
Registered in the System for Award Management (SAM) database' means that—
NITIALS. If &
LESS GOVERNMENT GSA FORM 35178 PAGE 7(REV 04/15)
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EXHIBIT E
(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4
number. the Contractor and Government Entity (CAGE) code. as well as data required by the Federal Funding
Accountability and Transparency Act of 2006(see Subpart 4.14) into the SAM database;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and
Points of Contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer
Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide
consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record "Active'.
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee
shall be registered in the SAM database prior to award, during performance, and through final payment of any
contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this
solicitation.
(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the
annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name
and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that
the offeror is registered in the SAM database.
(C) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to
obtain one.
(1) An offeror may obtain a DUNS number—
(i) Via the Internet at http://fedqov.dnb.com/webform or if the offeror does not have Internet access, it may
call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should
indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office
(2) The offeror should be prepared to provide the following information:
(i) Company legal business.
(ii) Tradestyle. doing business. or other name by which your entity is commonly recognized.
(iii) Company Physical Street Address, City, State, and ZIP Code.
(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).
(v) Company Telephone Number
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
INITIALS:
LESSOR GOVERNMENT GSA FORM 35178 PAGE 8(REV 04/15)
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EXHIBIT E
(d) If the Offeror does not become registered in the SAM database in the time prescribed by the
Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered
Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when
registering. Offerors who are not registered should consider applying for registration immediately upon receipt of
this solicitation.
(f) Offerors may obtain information on registration at https://www.acquisition.gov .
18. 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)
(a) Definitions. As used in this clause—
"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and
Bradstreet, Inc. (D&B)to identify unique business entities. which is used as the identification number for Federal
contractors.
"Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number assigned by D&B plus a
4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character
suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional
SAM records for identifying alternative Electronic Funds Transfer(EFT) accounts(see the FAR at subpart 32.11)
for the same concern.
"Registered in the System for Award Management (SAM) database" means that—
(1)The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4
number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding
Accountability and Transparency Act of 2006(see Subpart 4.14), into the SAM database;
(2)The Contractor has completed the Core. Assertions, Representations and Certifications, and Points of
Contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer
Identification Number(TIN)with the Internal Revenue Service (IRS). The Contractor will be required to provide
consent for TIN validation to the Government as a part of the SAM registration process: and
(4) The Government has marked the record"Active".
"System for Award Management (SAM)" means the primary Government repository for prospective Federal
awardee and Federal awardee information and the centralized Government system for certain contracting, grants,
and other assistance-related processes. It includes—
(1) Data collected from prospective Federal awardees required for the conduct of business with the
Government;
(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR
Subpart 4.14; and
INITIALS: &
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EXHIBIT E
(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and
certain types of Federal financial and non-financial assistance and benefits.
(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database and
for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in
the SAM database after the initial registration, the Contractor is required to review and update on an annual basis.
from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is
current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this
contract and is not a substitute for a properly executed contractual document.
(c) (1) (i) If a Contractor has legally changed its business name, doing business as name, or division name
(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not
completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the
Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification
of its intention to—
(A) Change the name in the SAM database:.
(B) Comply with the requirements of subpart 42.12 of the FAR; and
(C)Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.
The Contractor shall provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i)of this clause, or fails to
perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed
novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the
Contractor indicated in the contract will be considered to be incorrect information within the meaning of the
"Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual payments, as
appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart
32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the
Contractor's SAM record that indicates payments, including those made by EFT. to an ultimate recipient other
than that Contractor will be considered to be incorrect information within the meaning of the"Suspension of
Payment" paragraph of the EFT clause of this contract.
(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the
life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer
within 30 days after the change, so an appropriate modification can be issued to update the data on the contract.
A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may
be contacted
(i) Via the internet at http://fedqov_dnb.com/webform or if the contractor does not have internet access, it
may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office
(d) Contractors may obtain additional information on registration and annual confirmation requirements at
https://www.acquisition.gov.
19. 552.270-31 PROMPT PAYMENT(JUN 2011)
INITIALS: _ &
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EXHIBIT E
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—
(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. 1
(ii) 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
(ii) Invoice date.
(iii) Lease number.
(iv) 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 seven 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 seven day inspection period. If the work or service is rejected for failure to conform to
the technical requirements of the contract, the seven 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.
NITIALS &
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EXHIBIT E
(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 one 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.
(d) Overpayments. If the Lessor becomes aware of a duplicate payment or that the Government has
otherwise overpaid on a payment. the Contractor shall—
(1) Return the overpayment amount to the payment office cited in the contract along with a
description of the overpayment including the—
(i) Circumstances of the overpayment (e.g.. duplicate payment, erroneous payment,
liquidation errors, date(s) of overpayment);
(ii)Affected lease number; (iii) Affected lease line item or sub-line item, if applicable; and
(iii) Lessor point of contact.
(2) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
20. 552.232-23 ASSIGNMENT OF CLAIMS (SEP 1999)
(Applicable to leases over$3,000.)
In order to prevent confusion and delay in making payment, the Contractor shall not assign any claim(s)for
amounts due or to become due under this contract. However, the Contractor is permitted to assign separately to a
bank. trust company, or other financial institution, including any Federal lending agency, under the provisions of
the Assignment of Claims Act, as amended. 31 U.S.C. 3727, 41 U.S.0 15 (hereinafter referred to as"the Act"), all
amounts due or to become due under any order amounting to$1,000 or more issued by any Government agency
under this contract. Any such assignment takes effect only if and when the assignee files written notice of the
assignment together with a true copy of the instrument of assignment with the contracting officer issuing the order
and the finance office designated in the order to make payment Unless otherwise stated in the order, payments
to an assignee of any amounts due or to become due under any order assigned may, to the extent specified in
the Act, be subject to reduction or set-off.
21. 552.270-20 PAYMENT(MAY 2011)
(a) When space is offered and accepted, the amount of American National Standards
Institute/Building Owners and Managers Associaton Office Area (ABOA) square footage delivered will be
confirmed by:
INITIALS. _ &
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16E
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EXHIBIT E
(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 ABOA square footage
stated in the lease.
(c) If it is determined that the amount of ABOA square footage actually delivered is less than the
amount agreed to in the lease, the lease will be modified to reflect the amount of ABOA space delivered and the
annual rental will be adjusted as follows:
ABOA square feet not delivered multiplied by one plus the common area factor (CAF), multiplied
by the rate per rentable square foot (RSF) That is: (1+CAF) x Rate per RSF = Reduction in Annual Rent
22. 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD
MANAGEMENT(JUL 2013)
(a) Method of payment.
(1) All payments by the Government under this contract shall be made by electronic funds transfer
(EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the
funds transfer and may also include the payment information transfer.
(2) In the event the Government is unable to release one or more payments by EFT, the Contractor
agrees to either—
(i) Accept payment by check or some other mutually agreeable method of payment; or
(ii) Request the Government to extend the payment due date until such time as the
Government can make payment by EFT (but see paragraph (d) of this clause)
(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT
information contained in the System for Award Management (SAM) database. In the event that the EFT
information changes. the Contractor shall be responsible for providing the updated information to the SAM
database.
(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated
Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the
Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR
Part 210.
(d) Suspension of payment. If the Contractor's EFT information in the SAM database is incorrect, then the
Government need not make payment to the Contractor under this contract until correct EFT information is entered
into the SAM database:. and any invoice or contract financing request shall be deemed not to be a proper invoice
for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding
notice of an improper invoice and delays in accrual of interest penalties apply.
(e) Liability for uncompleted or erroneous transfers.
(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's
EFT information incorrectly, the Government remains responsible for—
(i) Making a correct payment:
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(ii) Paying any prompt payment penalty due; and
(iii) Recovering any erroneously directed funds.
(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was
incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the
Federal Reserve System, and—
(i) If the funds are no longer under the control of the payment office, the Government is deemed
to have made payment and the Contractor is responsible for recovery of any erroneously directed funds:
or
(ii) If the funds remain under the control of the payment office, the Government shall not make
payment, and the provisions of paragraph (d) of this clause shall apply.
(f) EFT arid prompt payment. A payment shall be deemed to have been made in a timely manner in
accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released
to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt
payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve
System.
(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided
for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such
assignment, that the assignee shall register separately in the SAM database and shall be paid by EFT in
accordance with the terms of this clause. Notwithstanding any other requirement of this contract. payment to an
ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of
claims pursuant to Subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the
assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other
than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect
EFT information within the meaning of paragraph (d)of this clause.
(h) Liability for change of EFT information by financial agent. The Government is not liable for errors
resulting from changes to EFT information made by the Contractor's financial agent.
(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment
information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve
System. The Government may request the Contractor to designate a desired format and method(s)for delivery of
payment information from a list of formats and methods the payment office is capable of executing. However, the
Government does not guarantee that any particular format or method of delivery is available at any particular
payment office and retains the latitude to use the format and delivery method most convenient to the Government.
If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government
shall mail the payment information to the remittance address contained in the SAM database.
23. 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)
(Applicable to leases over$5 million and performance period is 120 days or more.)
(a) Definitions. As used in this clause—
"Agent" means any individual, including a director. an officer, an employee, or an independent Contractor.
authorized to act on behalf of the organization.
"Full cooperation"—
(1) Means disclosure to the Government of the information sufficient for law enforcement to
identify the nature and extent of the offense and the individuals responsible for the conduct. It includes
providing timely and complete response to Government auditors' and investigators' request for
documents and access to employees with information;
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(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the
contract. It does not require—
(i) A Contractor to waive its attorney-client privilege or the protections afforded by the
attorney work product doctrine, or
(ii) Any officer, director, owner, or employee of the Contractor, including a sole
proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and
(3) Does not restrict a Contractor from—
(i) Conducting an internal investigation, or
(ii) Defending a proceeding or dispute arising under the contract or related to a potential
or disclosed violation.
'Principal" means an officer, director. owner, partner, or a person having primary management or
supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or
business segment; and similar positions)
"Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for
performance of a prime contract or a subcontract.
"Subcontractor" means any supplier, distributor, vendor, or firm that furnished supplies or services to or
for a prime contractor or another subcontractor.
"United States," means the 50 States, the District of Columbia, and outlying areas.
(b) Code of business ethics and conduct.
(1) Within 30 days after contract award, unless the Contracting Officer establishes a longer
time period, the Contractor shall—
(i) Have a written code of business ethics and conduct; and
(ii) Make a copy of the code available to each employee engaged in performance of the
contract.
(2) The Contractor shall—
(i) Exercise due diligence to prevent and detect criminal conduct; and
(ii) Otherwise promote an organizational culture that encourages ethical conduct and a
commitment to compliance with the law.
(3) (i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector
General (OIG), with a copy to the Contracting Officer, whenever. in connection with the award. performance, or
closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal,
employee, agent, or subcontractor of the Contractor has committed—
(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery.
or gratuity violations found in Title 18 of the United States Code, or
(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(ii) The Government, to the extent permitted by law and regulation, will safeguard and
treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been
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marked "confidential" or "proprietary" by the company. To the extent permitted by law and regulation. such
information will not be released by the Government to the public pursuant to a Freedom of Information Act
request. 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer
documents provided by the Contractor to any department or agency within the Executive Branch if the information
relates to matters within the organization's jurisdiction.
(iii) If the violation relates to an order against a Governmentwide acquisition contract, a
multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other
procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering
agency and the IG of the agency responsible for the basic contract.
(c) Business ethics awareness and compliance program and internal control system. This paragraph
(c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of
this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor
shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a
longer time period:
(1) An ongoing business ethics awareness and compliance program.
(i) This program shall include reasonable steps to communicate periodically and in a practical
manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics
awareness and compliance program and internal control system, by conducting effective training programs and
otherwise disseminating information appropriate to an individual's respective roles and responsibilities.
(ii) The training conducted under this program shall be provided to the Contractor's principals
and employees, and as appropriate, the Contractor's agents and subcontractors.
(2) An internal control system
(i) The Contractor's internal control system shall—
(A) Establish standards and procedures to facilitate timely discovery of improper
conduct in connection with Government contracts, and
(B) Ensure corrective measures are promptly instituted and carried out.
(ii) At a minimum, the Contractor's internal control system shall provide for the following:
(A) Assignment of responsibility at a sufficiently high level and adequate resources to
ensure effectiveness of the business ethics awareness and compliance program and internal control system
(B) Reasonable efforts not to include an individual as a principal, whom due diligence
would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics
and conduct.
(C) Periodic reviews of company business practices, procedures, policies, and internal
controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of
Government contracting, including—
• Monitoring and auditing to detect criminal conduct;
• Periodic evaluation of the effectiveness of the business ethics awareness and
compliance program and internal control system, especially if criminal conduct has been detected; and
• Periodic assessment of the risk of criminal conduct. with appropriate steps to
design, implement, or modify the business ethics awareness and compliance program and the internal control
system as necessary to reduce the risk of criminal conduct identified through this process.
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(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or
confidentiality, by which employees may report suspected instances of improper conduct, and
instructions that encourage employees to make such reports.
(E) Disciplinary action for improper conduct or for failing to take reasonable steps to
prevent or detect improper conduct.
(F) Timely disclosure. in writing, to the agency OIG, with a copy to the Contracting
Officer, whenever, in connection with the award. performance. or closeout of any Government contract
performed by the Contractor or a subcontract thereunder. the Contractor has credible evidence that a
principal. employee. agent. or subcontractor of the Contractor has committed a violation of Federal
criminal law involving fraud. conflict of interest, bribery. or gratuity violations found in Title 18 U S.C. or
a violation of the civil False Claims Act (31 U.S.0 3729-3733)
• If a violation relates to more than one Government contract, the Contractor
may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value
contract impacted by the violation
• If the violation relates to an order against a Governmentwide acquisition
contract, a multi-agency contract a multiple-award schedule contract such as the Federal Supply Schedule, or
any other procurement instrument intended for use by multiple agencies. the contractor shall notify the OIG of the
ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies'
contracting officers.
• The disclosure requirement for an individual contract continues until at least
3 years after final payment on the contract.
• The Government will safeguard such disclosures in accordance with
paragraph (b)(3)(ii) of this clause.
(G) Full cooperation with any Government agencies responsible for audits,
investigations, or corrective actions.
(d) Subcontracts.
(1) The Contractor shall include the substance of this clause including this paragraph (d), in
subcontracts that have a value in excess of $5.000.000 and a performance period of more than 120 days.
(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the
civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector
General, with a copy to the Contracting Officer.
24. 552.270-32 COVENANT AGAINST CONTINGENT FEES(JUN 2011)
(Applicable to leases over$150,000 average net annual rental including option periods.)
(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.
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(1) 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.
(2) 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.
(3) 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
25. 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)
(Applicable to leases over$150.000 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 contractor 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 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) 41 U.S.C. chapter 87, Kickbacks 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.
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(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 Attorney General.
(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation
described in paragraph (b) of this clause.
(4) The Contracting Officer may(i) 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 already offset those monies under subdivision (c)(4)(i) of this clause. In 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 paragraph (c)(5) but
excepting paragraph (c)(1), in all subcontracts under this contract which exceed $150,000.
26. 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
(Applicable to leases over $150,000 average net annual rental including option periods, as
well as to leases of any value awarded to an individual.)
(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 determine 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 where 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 the Contractor's workplace and
specifying the actions that will be taken against employees for violations of such prohibition:
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(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:
I
(3) Provide all employees engaged in performance of the contract with a copy of the
statement required by paragraph (b)(1) of this clause:
(4) Notify such employees in writing in the statement required by paragraph (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
paragraphs (b)(1) through (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 or default, and suspension or debarment.
27. 52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)
(Applicable to leases over$5 Million and performance period is 120 days or more.)
(a) Definition.
"United States,"as used in this clause, means the 50 States. the District of Columbia, and outlying areas.
(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)—
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(1) During contract performance in the United States, the Contractor shall prominently display in
common work areas within business segments performing work under this contract and at contract work sites—
(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline
poster identified in paragraph (b)(3) of this clause: and
(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.
(2) Additionally, if the Contractor maintains a company website as a method of providing information to
employees, the Contractor shall display an electronic version of the poster(s) at the website.
(3) Any required posters may be obtained as follows:
Poster(s) Obtain from
(Contracting Officer shall insert—
(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security
fraud hotline poster); and
(ii) The website(s) or other contact information for obtaining the poster(s) )
(c) If the Contractor has implemented a business ethics and conduct awareness program, including a
reporting mechanism: such as a hotline poster, then the Contractor need not display any agency fraud hotline
posters as required in paragraph (b) of this clause, other than any required DHS posters.
(d) Subcontracts. The Contractor shall include c ude the substance of this clause, including paragraph
ra this h
9 p
(d), in all subcontracts that exceed $5,000,000, except when the subcontract—
(1) Is for the acquisition of a commercial item; or
(2) Is performed entirely outside the United States.
28. 552.270-30 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JUN 2011) •
(Applicable to leases over$150,000 average net annual rental including option periods.) •
(a) If the head of the contracting 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 five percent of the amount of the rental
for each month of the remaining term of the lease, including any option periods. and recover five
percent of the rental already paid;
(2) Reduce payments for alterations not included in monthly rental payments by five
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 thereof The Lessor shall have a period
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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 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.
29. 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (AUG 2011)
(Applicable when cost or pricing data are required for work or services over$700,000.)
(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 certified 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 certified 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 certified 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 certified cost or pricing data had been submitted.
(ii) The Contracting Officer should have known that the certified 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
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(B) The Contractor proves that the certified 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) Interest compounded daily, as required by 26 U.S.C. 6622, 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 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 certified cost or pricing data that were incomplete, inaccurate, or noncurrent.
30. 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 detail—
(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
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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.
31. CHANGES (MAR 2013)
(a) The LCO may at any time, by written order, direct changes to the Tenant Improvements within the
Space, Building Security Requirements, or the services required under the Lease.
(b) If any such change causes an increase or decrease in Lessor's costs or time required for
performance of its obligations under this Lease, whether or not changed by the order, the Lessor shall be entitled
to an amendment to the Lease providing for one or more of the following:
(1) An adjustment of the delivery date:
(2) An equitable adjustment in the rental rate:
(3) A lump sum equitable adjustment; or
(4) A change to the operating cost base, if applicable.
(c) The Lessor shall assert its right to an amendment 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, the pendency of an adjustment or existence of a dispute
shall not excuse the Lessor from proceeding with the change as directed.
(d) Absent a written change order from the LCO, or from a Government official to whom the LCO
has explicitly and in writing delegated the authority to direct changes, the Government shall not be liable to Lessor
under this clause.
32. 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 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
33. 52.215-2 AUDIT AND RECORDS—NEGOTIATION (OCT 2010)
(Applicable to leases over $150,000 average net annual rental including option periods.)
(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 re-determinable 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
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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) Certified cost or pricing data. If the Contractor has been required to submit certified 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
certified 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 modification: 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 Contractors directly pertinent records involving transactions
related to this contract or a subcontract hereunder and to interview any current employee regarding such
transactions.
(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), (c), (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.
(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
re-determinable type or any combination of these;
(2) For which certified cost or pricing data are required: or
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(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.
34. 52.233-1 DISPUTES (MAY 2014)
(a) This contract is subject to 41 U.S.0 chapter 71, Contract Disputes.
(b) Except as provided in 41 U S.0 chapter 71. 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. However, a written demand or written
assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.0
chapter 71 until certified. A voucher, invoice. or other routine request for payment that is not in dispute when
submitted is not a claim under 41 U.S.0 chapter 71. The submission may be converted to a claim under 41 U.S.0
chapter 71, 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) (i) 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 authorized to certify the claim on behalf of the Contractor."
(3) The certification may be executed by any person 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
41 U.S.0 chapter 71
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(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 dispute 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 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 or relating to the contract, and comply with any decision of
the Contracting Officer.
35. 52.222-26 EQUAL OPPORTUNITY (MAR 2007)
(a) Definition. "United States," as used in this clause, means the 50 States, the District of Columbia.
Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.
(b) (1) 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 this clause, except for work performed
outside the United States by employees who were not recruited within the United States. Upon request, the
Contractor shall provide information necessary to determine the applicability of this clause.
(2) If the Contractor is a religious corporation, association, educational institution, or
society, the requirements of this clause do not apply with respect to the employment of individuals of a particular
religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).
(c) (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 that 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;
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(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. The
Contractor shall also file 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
the contracting 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; in 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 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
subcontractor or vendor
(11) The Contractor shall take such action with respect to any subcontract or purchase order
as the Contracting Officer 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.
(d) Notwithstanding any other clause in this contract. disputes relative to this clause will be
governed by the procedures in 41 CFR 60-1.1
36. 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)
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(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.
37. 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)
(Applicable to leases exceeding $3,000.)
(a) Definitions. As used in this clause—
Long-term contract means a contract of more than five years in duration, including options. However, the
term does not include contracts that exceed five years in duration because the period of performance has been
extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend
Services, or other appropriate authority.
Small business concern means a concern, including its affiliates. that is independently owned and operated,
not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small
business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a
concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a
national basis in a kind of business activity in which a number of business concerns are primarily engaged. In
determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of
business, number of employees, financial resources, competitive status or position, ownership or control of
materials, processes, patents. license agreements, facilities. sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract,
the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable,
paragraph (g) of this clause. upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the
contract to include this clause. if the novation agreement was executed prior to inclusion of this clause in the
contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after
modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this
clause in the contract.
(3) For long-term contracts—
()) Within 60 to 120 days prior to the end of the fifth year of the contract; and
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(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option
thereafter.
(C) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the
time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code
assigned to this contract. The small business size standard corresponding to this NAICS code can be found at
http://www.sba.gov/content/table-small-business-size-standards
(d) The small business size standard for a Contractor providing a product which it does not
manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation
required by paragraph (b) of this clause by validating or updating all its representations in the Representations
and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary.
to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in
writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or
updated. and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this
contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this
clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a
representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the
following rerepresentation and submit it to the contracting office, along with the contract number and the date on
which the rerepresentation was completed:
The Contractor represents that it l• is, ®• is not a small business concern under NAICS Code
assigned to contract number
[Contractor to sign and date and insert authorized signer's name and title).
38. 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUL 2014)
(Applicable to leases over$100,000.)
(a) Definitions. As used in this clause—
"Active duty wartime or campaign badge veteran," 'Armed Forces service medal veteran." "disabled veteran,"
"protected veteran.""qualified disabled veteran." and recently separated veteran" have the meanings given at
FAR 22 1301
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause
at 41 CFR 60-300 5(a). as of March 24, 2014. This clause prohibits discrimination against qualified protected
veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified
protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of$100,000 or more
unless exempted by rules, regulations, or orders of the Secretary of Labor The Contractor shall act as specified
by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for
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noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly
the parties and their undertakings.
39. 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUL 2014)
(Applicable to leases over$15.000.)
(a) Equal opportunity clause The Contractor shall abide by the requirements of the equal opportunity clause
at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on
the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment
qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order
in excess of$15,000 unless exempted by rules. regulations, or orders of the Secretary, so that such provisions
will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of
Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action
for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify
properly the parties and their undertakings.
40. 52.222-37 EMPLOYMENT REPORTS VETERANS (JUL 2014)
(Applicable to leases over$100,000.)
(a) Definitions. As used in this clause, "Armed Forces service medal veteran," "disabled veteran," -active duty
wartime or campaign badge veteran," and "recently separated veteran," have the meanings given in FAR
22.1301.
(b) 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 total number of employees in the contractor's workforce, by job category and hiring location,
who are disabled veterans, other protected veterans (i.e., active duty wartime or campaign badge veterans),
Armed Forces service medal veterans. and recently separated veterans;
(2) The total number of new employees hired during the period covered by the report, and of the total,
the number of disabled veterans, other protected veterans (i.e.. active duty wartime or campaign badge veterans),
Armed Forces service medal veterans, and recently separated veterans, and
(3) The maximum number and minimum number of employees of the Contractor or subcontractor at
each hiring location during the period covered by the report.
(c) The Contractor shall report the above items by completing the Form VETS-100A, entitled "Federal
Contractor Veterans' Employment Report(VETS-100A Report)."
(d) The Contractor shall submit VETS-100A Reports no later than September 30 of each year
(e) The employment activity report required by paragraphs (b)(2) and (b)(3) of this clause shall reflect total
new hires and maximum and minimum number of employees. during the most recent 12–month period preceding
the ending date selected for the report. Contractors may select an ending date—
(1)
ate—(1) As of the end of any pay period between July 1 and August 31 of the year the report is due; or
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(2) As of December 31, if the Contractor has prior written approval from the Equal Employment
Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard
Form 100).
(f) The number of veterans reported must be based on data known to the contractor when completing the
VETS-100A. The contractor's knowledge of veterans status may be obtained in a variety of ways, including an
invitation to applicants to self-identify (in accordance with 41 CFR 60-300.42), voluntary self-disclosure by
employees. or actual knowledge of veteran status by the contractor This paragraph does not relieve an employer
of liability for discrimination under 38 U.S.C. 4212.
(g) The Contractor shall insert the terms of this clause in subcontracts of$100.000 or more unless exempted
by rules, regulations, or orders of the Secretary of Labor.
41. 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT(AUG 2013)
(Applicable to leases over$30,000.)
(a) Definition. -'Commercially available off-the-shelf(COTS)" item, as used in this clause—
(1) Means any item of supply (including construction material) that is—
(i) A commercial item (as defined in paragraph (1) of the definition in FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without
modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products
and petroleum products.
(b) The Government suspends or debars Contractors to protect the Government's interests. Other
than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any
subcontract, in excess of $30,000 with a Contractor that is debarred, suspended, or proposed for debarment by
any executive agency unless there is a compelling reason to do so.
(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed
$30000, other than a subcontractor providing a commercially available off-the-shelf item, 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.
(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing,
before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-
the-shelf item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the
System for Award Management(SAM) Exclusions). The notice must include the following:
(1) The name of the subcontractor
(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion
in SAM.
(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being
listed with an exclusion in SAM.
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(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.
(e) Subcontracts. Unless this is a contract for the acquisition of commercial items, the Contractor
shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the
identification of the parties), in each subcontract that—
(1) Exceeds $30.000 in value; and
(2) Is not a subcontract for commercially available off-the-shelf items.
42. 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010)
(Applicable if over$700,000.)
(a) Before awarding any subcontract expected to exceed the threshold for submission of certified cost
or pricing data at FAR 15.403-4, on the date of agreement on price or the date of award, whichever is later. or
before pricing any subcontract modification involving a pricing adjustment expected to exceed the threshold for
submission of certified cost or pricing data at FAR 15.403-4, the Contractor shall require the subcontractor to
submit certified cost or pricing data (actually or by specific identification in writing), in accordance with FAR
15.408, Table 15-2 (to include any information reasonably required to explain the subcontractor's estimating
process such as the judgmental factors applied and the mathematical or other methods used in the estimate,
including those used in projecting from known data, and the nature and amount of any contingencies included in
the price), unless an exception under FAR 15.403-1 applies.
(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 certified 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 certified cost or pricing data for the subcontract or
(2) The substance of the clause at FAR 52.215-13, Subcontractor Certified Cost or Pricing Data—
Modifications.
43. 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014)
(Applicable to leases over$150,000 average net annual rental including option periods.)
(a) 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
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(ii) The management and daily business operations of which are controlled by one or more service-
disabled veterans or, in the case of a service-disabled 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", consistent with 13 CFR 124 1002, means a small business concern
under the size standard applicable to the acquisition, that—
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically
disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after
taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"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(21) 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.
(b) 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.
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(c) 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.
(d) (1) 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 small disadvantaged business concern, or a women-owned small
business concern.
(2) The Contractor shall confirm that a subcontractor representing itself as a HUBZone small business
concern is certified by SBA as a HUBZone small business concern by accessing the System for Award
Management database or by contacting the SBA. Options for contacting the SBA include—
(i) HUBZone small business database search application web page at
http://dsbs.sba.gov/dsbs/search/dsp searchhubzone.cfm, or http://www.sba.gov/hubzone
(ii) In writing to the Director/HUB, U.S. Small Business Administration. 409 3rd Street, SW.,
Washington, DC 20416; or
(iii) The SBA HUBZone Help Desk at hubzone@sba.gov.
44. 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2014) ALTERNATE III (OCT 2014)
(Applicable to leases over$650,000.)
a) This clause does not apply to small business concerns.
(b) Definitions. As used in this clause—
Alaska Native Corporation (ANC)" means any Regional Corporation, Village Corporation, Urban Corporation,
or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native
Claims Settlement Act: as amended (43 U.S.C. 1601. et seq.) and which is considered a minority and
economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC
direct and indirect subsidiary corporations,joint ventures, and partnerships that meet the requirements of 43
U.S C. 1626(e)(2).
"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).
"Electronic Subcontracting Reporting System (eSRS)" means the Governmentwide, electronic. web-based
system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.
INITIALS. &
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EXHIBIT E
"Indian tribe" means any Indian tribe, band. group, pueblo, or community, including native villages and native
groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native
Claims Settlement Act (43 U.S.C.A. 1601 et seq.), that is recognized by the Federal Government as eligible for
services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes
Indian-owned economic enterprises that meet the requirements of 25 U S.C. 1452(e).
"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 offeror's 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 (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, that separately addresses subcontracting with small business, veteran-owned small business,
service-disabled 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, service-
disabled 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, service-disabled veteran-owned small business, HUBZone small
business, small disadvantaged business. and women-owned small business concerns as subcontractors. The
offeror shall include all sub-contracts that contribute to contract performance, and may include a proportionate
share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626:
(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals
for small business and small disadvantaged business (SDB) concerns. regardless of the size or Small Business
Administration certification status of the ANC or Indian tribe
(ii) Where one or more subcontractors are in the subcontract tier between the prime contractor and the
ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate contractor(s) to count the subcontract
towards its small business and small disadvantaged business subcontracting goals.
(A) In most cases. the appropriate Contractor is the Contractor that awarded the subcontract to the
ANC or Indian tribe.
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EXHIBIT E
(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its
goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor.
The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract.
(C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the
prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30
days of the date of the subcontract award.
(D) If the Contracting Officer does not receive a copy of the ANC's or the Indian tribe's written
designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or
Indian tribe will be considered the designated Contractor.
(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 (including ANC and Indian
tribes);
(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns;
(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business;
(v) Total dollars planned to be subcontracted to HUBZone small business concerns;
(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including
ANCs and Indian tribes); and
(vii) 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:.
(ii) Veteran-owned small business concerns;
(iii) Service-disabled veteran-owned small business concerns;
(iv) HUBZone small business concerns;
(v) Small disadvantaged business concerns, and
(vi) Women-owned small business concerns
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(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 System for Award Management(SAM), veterans service organizations, the
National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the
Minority 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 SAM as an accurate representation of a concern's size and ownership characteristics for the
purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small,
small disadvantaged, and women-owned small business source list. Use of SAM 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 (including ANC and Indian tribes),
(ii) Veteran-owned small business concerns;
(iii) Service-disabled veteran-owned small business concerns:
(iv) HUBZone small business concerns:.
(v) Small disadvantaged business concerns (including ANC and Indian tribes): and
(vi) Women-owned small business concerns.
(7) The name of the individual employed by the offeror who will administer the offeror's 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, service-disabled veteran-owned small business. HUBZone small business, small disadvantaged
business, and women-owned small business concerns have an equitable opportunity to compete for
subcontracts.
(9) Assurances that the offeror will include the clause of 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$650,000 ($1.5
million for construction of any public facility) with further subcontracting possibilities 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:
INITIALS 1 &
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EXHIBIT E
(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 Contract in accordance
with paragraph (I) of this clause. Submit the Summary Subcontract Report (SSR). in accordance with
paragraph (I) of this clause using the Electronic Subcontracting Reporting System (eSRS)at
http://www.esrs.gov. The reports shall provide information on subcontract awards to small business
concerns (including ANCs and Indian tribes that are not small businesses), veteran-owned small business
concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns,
small disadvantaged business concerns(including ANCs and Indian tribes that have not been certified by
the Small Business Administration as small disadvantaged businesses), women-owned small business
concerns, and for NASA only, Historically Black Colleges and Universities and Minority Institutions.
Reporting shall be in accordance with this clause, or as provided in agency regulations; and
(iv) Ensure that its subcontractors with subcontracting plans agree to submit the SF 294 in
accordance with paragraph (I)of this clause. Ensure that its subcontractors with subcontracting plans agree
to submit the SSR in accordance with paragraph (I) of this clause using the eSRS
(11) A description of the types of records that will be maintained 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, service-disabled
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., SAM), guides, and other data that identify small business, veteran-owned small
business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged
business, and women-owned small business concerns.
(ii) Organizations contacted in an attempt to locate sources that are small business, veteran-owned
small business, service-disabled veteran-owned small business. HUBZone small business, small disadvantaged
business, or women-owned small business concerns.
(iii) Records on each subcontract solicitation resulting in an award of more than $150,000, 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 service-disabled veteran-owned small business concerns were solicited and. if not, why
not;
(D) Whether HUBZone small business concerns were solicited and, if not why not;
(E) Whether small disadvantaged business concerns were solicited and, if riot, why not;
(F) Whether women-owned small business concerns were solicited and, if not, why not: and
szi
INITIALS. 8
LESStR GOVERNMENT GSA FORM 3517B PAGE 39(REV 04(15)
•
EXHIBIT E
(G) If applicable, the reason award was not made to a small business concern. 1 6 E 2
(iv) Records of any outreach efforts to contact—
(A) Trade associations,
(8) Business development organizations..
(C) Conferences and trade fairs to locate small. HUBZone small, small disadvantaged, and women-
owned small business sources; and
(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, service-disabled veteran-owned small
business, HUBZone small business, small disadvantaged business, 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 Contractor's lists of potential small business, veteran-
owned small business, service-disabled veteran-owned small business, HUBZone small business, small
disadvantaged business, and women-owned small business subcontractors are excessively long, reasonable
effort 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 business, veteran-owned
small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged
business, and women-owned small business concerns in all "make-or-buy" decisions.
(3) Counsel and discuss subcontracting opportunities with representatives of small business, veteran-
owned small business, service-disabled veteran-owned small business. HUBZone small business, small
disadvantaged business, and women-owned small business firms.
(4) Confirm that a subcontractor representing itself as a HUBZone small business concern is identified
as a certified HUBZone small business concern by accessing the SAM database or by contacting SBA
(5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of
business status as small, veteran-owned small business. HUBZone small 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.
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EXHIBIT E 1 V L E
(6) For all competitive subcontracts over the simplified acquisition threshold in which a small business L
concern received a small business preference, upon determination of the successful subcontract offeror, the
Contractor must inform each unsuccessful small business subcontract offeror in writing of the name and location
of the apparent successful offeror prior to award of the contract.
(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
(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. Once the Contractor's commercial plan has
been approved, the Government will not require another subcontracting plan from the same Contractor while the
plan remains in effect, as long as the product or service being provided by the Contractor continues to meet the
definition of a commercial item A Contractor with a commercial plan shall comply with the reporting requirements
stated in paragraph (d)(10) of this clause by submitting one SSR in eSRS for all contracts covered by its
commercial plan. This report shall be acknowledged or rejected in eSRS by the Contracting Officer who approved
the plan. This report shall be submitted within 30 days after the end of the Government's fiscal year.
(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) A contract may have no more than one plan. When a modification meets the criteria in 19.702 for a plan,
or an option is exercised, the goals associated with the modification or option shall be added to those in the
existing subcontract plan.
(j) Subcontracting plans are not required from subcontractors when the prime contract contains the clause at
52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial
Items. or when the subcontractor provides a commercial item subject to the clause at 52.244-6, Subcontracts for
Commercial Items, under a prime contract.
(k) 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.
(I) The Contractor shall submit a SF 294 The Contractor shall submit SSRs using the web-based
eSRS at http://www.esrs.bov. Purchases from a corporation, company, or subdivision that is an affiliate of
the prime Contractor or subcontractor are not included in these reports. Subcontract award data reported by
!NI TIALS
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EXHIBIT E
prime Contractors and subcontractors shall be limited to awards made to their immediate next-tier
subcontractors. Credit cannot be taken for awards made to lower tier subcontractors. unless the Contractor
or subcontractor has been designated to receive a small business or small disadvantaged business credit
from an ANC or Indian tribe. Only subcontracts involving performance in the U.S. or its outlying areas should
be included in these reports with the exception of subcontracts under a contract awarded by the State
Department or any other agency that has statutory or regulatory authority to require subcontracting plans for
subcontracts performed outside the United States and its outlying areas.
(1) SF 294. This report is not required for commercial plans. The report is required for each contract
containing an individual subcontract plan. For prime contractors the report shall be submitted to the
contracting officer. or as specified elsewhere in this contract. In the case of a subcontract with a
subcontracting plan. the report shall be submitted to the entity that awarded the subcontract.
(i) The report shall be submitted semi-annually during contract performance for the periods ending
March 31 and September 30. A report is also required for each contract within 30 days of contract
completion Reports are due 30 days after the close of each reporting period, unless otherwise directed by
the Contracting Officer. Reports are required when due, regardless of whether there has been any
subcontracting activity since the inception of the contract or the previous reporting period.
(ii) When a subcontracting plan contains separate goals for the basic contract and each option. as
prescribed by FAR 19.704(c), the dollar goal inserted on this report shall be the sum of the base period
through the current option', for example, for a report submitted after the second option is exercised, the dollar
goal would be the sum of the goals for the basic contract, the first option, and the second option.
(2) SSR. (i) Reports submitted under individual contract plans—
(A) This report encompasses all subcontracting under prime contracts and subcontracts with
the awarding agency, regardless of the dollar value of the subcontracts.
(B) The report may be submitted on a corporate, company or subdivision (e.g. plant or
division operating as a separate profit center) basis, unless otherwise directed by the agency.
(C) If a prime Contractor and/or subcontractor is performing work for more than one
executive agency, a separate report shall be submitted to each executive agency covering only that
agency's contracts, provided at least one of that agency's contracts is over$550,000 (over$1,000,000 for
construction of a public facility) and contains a subcontracting plan. For DoD. a consolidated report shall be
submitted for all contracts awarded by military departments/agencies and/or subcontracts awarded by DoD
prime Contractors. However, for construction and related maintenance and repair, a separate report shall be
submitted for each DoD component.
(D) For DoD and NASA. the report shall be submitted semi-annually for the six months
ending March 31 and the twelve months ending September 30. For civilian agencies, except NASA, it shall
be submitted annually for the twelve-month period ending September 30. Reports are due 30 days after the
close of each reporting period.
(E) Subcontract awards that are related to work for more than one executive agency shall be
appropriately allocated.
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EXHIBIT E
(F) The authority to acknowledge or reject SSRs in the eSRS. including SSRs submitted by
subcontractors with subcontracting plans, resides with the Government agency awarding the prime contracts
unless stated otherwise in the contract.
(ii) Reports submitted under a commercial plan—
(A) The report shall include all subcontract awards under the commercial plan in effect
during the Government's fiscal year.
(B) The report shall be submitted annually, within thirty days after the end of the
Government's fiscal year.
(C) If a Contractor has a commercial plan and is performing work for more than one
executive agency, the Contractor shall specify the percentage of dollars attributable to each agency from
which contracts for commercial items were received.
(D) The authority to acknowledge or reject SSRs for commercial plans resides with the
Contracting Officer who approved the commercial plan.
45. 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (JAN 1999)
(Applicable to leases over$650,000.)
(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.
(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
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EXHIBIT E
(f) Liquidated damages shall be in addition to any other remedies that the Government may have.
46 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS (JUL 2013)
(Applicable if over$25,000.)
(a) Definitions. As used in this clause:
"Executive" means officers, managing partners, or any other employees in management positions.
First-tier subcontract" means a subcontract awarded directly by the Contractor for the purpose of acquiring
supplies or services (including construction) for performance of a prime contract. It does not include the
Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that
benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and
administrative expenses or indirect costs.
"Months of award" means the month in which a contract is signed by the Contracting Officer or the month in
which a first-tier subcontract is signed by the Contractor.
"Total compensation" means the cash and noncash dollar value earned by the executive during the
Contractor's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):
(1) Salary and bonus.
(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for
financial statement reporting purposes with respect to the fiscal year in accordance with the Financial
Accounting Standards Board's Accounting Standards Codification (FASB ASC) 718, Compensation-
Stock Compensation.
(3) Earnings for services under non-equity incentive plans. This does not include group life, health,
hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are
available generally to all salaried employees
(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension
plans.
(5) Above-market earnings on deferred compensation which is not tax-qualified.
(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination
payments, value of life insurance paid on behalf of the employee, perquisites or property) for the
executive exceeds $10,000.
(b) Section 2(d)(2)of the Federal Funding Accountability and Transparency Act of 2006(Pub. L. 109-282), as
amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the
Contractor to report information on subcontract awards. The law requires all reported information be made public,
therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made
public.
(c) Nothing in this clause requires the disclosure of classified information
r r
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16E 2
EXHIBIT E
(d) (1) Executive compensation of the prime contractor. As a part of its annual registration requirement in
the System for Award Management(SAM)database(FAR provision 52.204-7), the Contractor shall report the
names and total compensation of each of the five most highly compensated executives for its preceding
completed fiscal year if—
(i) In the Contractor's preceding fiscal year, the Contractor received—
(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans,
grants(and subgrants), cooperative agreements, and other forms of Federal financial assistance;
and
(B) $25,000,000 or more in annual gross revenues from Federal contracts(and subcontracts), loans,
grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance;
and
(ii) The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986. (To determine
if the public has access to the compensation information, see the U.S. Security and Exchange
Commission total compensation filings at http://www.sec.qovianswers/execomp.htm.)
(2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as
provided in paragraph (h)of this clause, by the end of the month following the month of award of a first-tier
subcontract with a value of$25,000 or more, the Contractor shall report the following information at
http://www.fsrs.ciov for that first-tier subcontract. (The Contractor shall follow the instructions at
http://www.fsrs.gov to report the data.)
(i) Unique identifier(DUNS Number)for the subcontractor receiving the award and for the
subcontractor's parent company, if the subcontractor has a parent company.
(ii) Name of the subcontractor.
(iii) Amount of the subcontract award.
(iv) Date of the subcontract award.
(v) A description of the products or services (including construction) being provided under the
subcontract, including the overall purpose and expected outcomes or results of the subcontract.
(vi) Subcontract number(the subcontract number assigned by the Contractor).
(vii) Subcontractor's physical address including street address, city. state. and country. Also include the
nine-digit zip code and congressional district.
(viii) Subcontractor's primary performance location including street address, city, state, and country.
Also include the nine-digit zip code and congressional district.
(ix) The prime contract number, and order number if applicable.
(x) Awarding agency name and code.
(xi) Funding agency name and code.
(xii) Government contracting office code.
(xiii) Treasury account symbol (TAS) as reported in FPDS.
(xiv) The applicable North American Industry Classification System code(NAICS).
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16E2
EXHIBIT E
(3) Executive compensatioin of the first-tier subcontractor. Unless otherwise directed by the
Contracting Officer. by the end of the month following the month of award of a first-tier subcontract with a value of
$25,000 or more. and annually thereafter(calculated from the prime contract award date), the Contractor shall
report the names and total compensation of each of the five most highly compensated executives for that first-tier
subcontractor for the first-tier subcontractor's preceding completed fiscal year at http:l/www.fsrs.gov , if—
(i) In the subcontractor's preceding fiscal year, the subcontractor received—
(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans,
grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans,
grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance: and
(ii) The public does not have access to information about the compensation of the executives through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a),
780(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the
compensation information, see the U.S. Security and Exchange Commission total compensation filings at
http://www.sec.qov/answers/execom p.htm.)
(e) The Contractor shall not split or break down first-tier subcontract awards to a value less than $25,000 to
avoid the reporting requirements in paragraph (d).
(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when
the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the
reported data elements changes during the performance of the subcontract. The Contractor is not required to
make further reports after the first-tier subcontract expires.
(g) (1) If the Contractor in the previous tax year had gross income, from all sources, under$300,000, the
Contractor is exempt from the requirement to report subcontractor awards.
(2) If a subcontractor in the previous tax year had gross income from all sources under$300,000, the
Contractor does not need to report awards for that subcontractor.
(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and
FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM
database information is incorrect, the contractor is responsible for correcting this information.
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LESSOR GOVERNMENT GSA FORM 35178 PAGE 46(REV 04115)
EXHIBIT H 1 6 0
ADDENDUM to the System for Award Management (SAM) Request for Lease Dated
REPRESENTATIONS AND CERTIFICATIONS (Acquisitions Proposals Number 1
of Leasehold Interests in Real Property) NRCS-FL-15-003
Complete appropriate boxes, sign the form, and attach to offer.
The Offeror makes the following additional Representations. NOTE: The "Offeror,"as used on this form,
is the owner of the property offered, not an individual or agent representing the owner.
1. ANNUAL REPRESENTATIONS AND CERTIFICATIONS FOR LEASEHOLD ACQUISITIONS
(APR 2015)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is
531120. unless the real property is self-storage (#531130), land (#531190), or residential
(#531110).
(2) The small business size standard is 38.5 Million in annual average gross revenue of the
concern for the last 3 fiscal years.
(3) The small business size standard for a concern which submits an offer in its own name,
other than on a construction or service contract, but which proposes to furnish a product
which it did not itself manufacture, is 500 employees.
(b) The System for Award Management (SAM) is a centrally located, searchable database which
assists in the development. maintenance. and provision of sources for future procurements. The
Offeror, by signing this addendum, hereby certifies he is registered in SAM.
[ ] Registration Active and Copy Attached
2. 552.203-72 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID
DELINQUENT FEDERAL TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW
(DEVIATION) (OCT 2013)
(a) In accordance with Sections 630 and 631 of Division of the Consolidated Appropriations Act,
2012 (Pub. L. 112-74), and Section 101 of the Continuing Appropriations Act, 2014 (Pub. L.
113-16) none of the funds made available by the Continuing Appropriations Act 2014 may be
used to enter into a contract action with any corporation that---
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is aware of the unpaid tax
liability, unless the agency has considered suspension or debarment of the
corporation and made a determination that this further action is not necessary to
protect the interests of the Government. or
(2) Was convicted, or had an officer or agent of such corporation acting on behalf of the
corporation convicted of a felony criminal violation under any Federal law within the
preceding 24 months, where the awarding agency is aware of the conviction, unless
the agency has considered suspension or debarment of the corporation or such officer
or agent and made a determination that this action is not necessary to protect the
interests of the Government.
(b) The Contractor represents that—
(1) It is [] is not [] a corporation that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies have been exhausted or
GSA FORM 3518-SAM PAGE 1 (04/15)
EXHIBIT H 16 E
have lapsed, and that is not being paid in a timely manner pursuant to an agreement V
with the authority responsible for collecting the tax liability.
(2) It is [] is not [] a corporation that was convicted, or had an officer or agent of the
corporation acting on behalf of the corporation, convicted of a felony criminal violation
under any Federal law within the preceding 24 months.
OFFEROR OR NAME, ADDRESS(INCLUDING ZIP CODE) TELEPHONE NUMBER
LEGALLY AUTHORIZED /
REPRESENTATIVE /7) /C / / U
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3 3 3 s' /1, 7�
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ignature Date
GSA FORM 3518-SAM PAGE 2 (04/15)