HomeMy WebLinkAboutAgenda - 06-15-2021; 8-n - USDA Lease of a Portion of the Orange County Bonnie B. Davis Environmental and Agricultural Center 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 15, 2021
Action Agenda
Item No. 8-n
SUBJECT: USDA Lease of a Portion of the Orange County Bonnie B. Davis Environmental
and Agricultural Center
DEPARTMENT: Asset Management Services
ATTACHMENT(S): INFORMATION CONTACT:
1.) Floor Plan of EAC Steve Arndt, 919-245-2658
2.) Lease and Exhibits Alan Dorman, 919-245-2627
3.) Resolution
PURPOSE: To:
1) review the lease for a portion of the Orange County Bonnie B. Davis Environmental
and Agricultural Center to the United States Department of Agriculture;
2) adopt a resolution approving the lease; and
3) authorize the Manager to sign the lease upon final review by the County Attorney.
BACKGROUND: The United States Department of Agriculture ("USDA") has been in partnership
with the County since the establishment of the first Agriculture Agent in the 1930s. The USDA has
occupied offices in the original Environmental and Agricultural Center since the County acquired
the building in 1987.
In the process of designing and building the new Orange County Bonnie B. Davis Environmental
and Agricultural Center ("EAC") at 1270 US Hwy 70 in Hillsborough, the architecture firm selected
by the County to design the EAC, HH Architecture, worked closely with the USDA staff to design
offices that would meet their needs. Design elements include a separate suite for the UDSA and
a separate information technologies (IT) closet to house federal IT services.
The USDA Farm Service Agency will occupy a large suite within the EAC, comprised of 2,356
square feet. (See the attached floor plan.) The lease will also include two offices and shared
common space within the suite to be occupied by the Department of Environment, Agriculture,
Parks and Recreation ("DEAPR") for use by USDA's National Resources Conservation Services.
Additionally, the lease includes shared access to the large multi-purpose rooms. The total rentable
office space included in the lease is 3,502 square feet. The proposed lease term is for 10 years
at an annual rate of $70,040. There is no automatic renewal of the lease.
FINANCIAL IMPACT: The annual revenue of $70,400 was included in the Manager's
Recommended budget. The lease requires the County to provide maintenance, utilities, and
custodial services, which were already incorporated into the FY 2021-22 Manager's
Recommended Budget.
2
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of environmental
laws, regulations, policies, and decisions. Fair treatment means that no group of people
should bear a disproportionate share of the negative environmental consequences
resulting from industrial, governmental and commercial operations or policies.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION(S): The Manager recommends that the Board:
1) review the lease for a portion of the Orange County Bonnie B. Davis Environmental
and Agricultural Center to the United States Department of Agriculture;
2) adopt and authorize the Chair to sign the resolution approving the lease; and
3) authorize the Manager to sign the lease upon final review by the County Attorney.
Attachment 1
EXHIBIT'A'
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KEY TOTAL BUILDING SQUARE FOOTAGE: 17,247 GSF
GRAPHIC SCALE USDA FARM SERVICE AGENCY
= PRINTER AREA: 20 GSF
0' 4'-0"8'-0" 16',0" 32'-0"
USDA NATURAL RESOURCE
USDA FARM SERVICE AGENCY CONSERVATION SERVICE: 260 GSF
SUITE: 2,356 GSF
COMMON SPACES: 5,665 GSF
111RIIE'll""
J.._.EnRE.rsOl FLOOR 7
, N USDA OFFICE AREAS 1l8V
4
LEASE NO. 57-37135-21-FA Global Lease
GSA TEMPLATE L100(10/2020)
FPAC V11.13.20
A. This Lease is made and entered into between
Orange County
(Lessor),whose principal place of business is 300 West Tryon Street 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 General Services Administration(USDA),upon the terms and conditions set
forth herein.
B. 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
1020 US 70 W, Hillsborough,North Carolina,27278
and more fully described in Section 1 and Exhibit A 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.
C. 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 and
continuing for a period of
10 Years,3 Years Firm,
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 LESSOR: FOR THE GOVERNMENT:
Signature: Signature:
Name: Name:
Title: Title: Lease Contracting Officer
Entity: General Services Administration, Public Buildings Service
Date: Date:
WITNESSED FOR THE LESSOR BY:
Signature:
Name:
Title:
Date:
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.57-37135-21-FA PAGE 1 GSA TEMPLATE L100
REV(10/20)
FPAC V11.13.20
5
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.
LEASE NO.57-37135-21-FA, PAGE 2 LESSOR: GOVERNMENT: GSA TEMPLATE L100
REV(10/20)
FPAC VII 1.13.20
6
SECTION 1 THE PREMISES,RENT,AND OTHER TERMS 6
1.01 THE PREMISES(OCT 2016)...............................................................................................................................................................6
1.02 EXPRESS APPURTENANT RIGHTS(SEP 2013)................................................................................................................................6
1.03 RENT AND OTHER CONSIDERATION (OCT 2020)............................................................................................................................6
1.04 INTENTIONALLY DELETED...............................................................................................................................................................7
1.05 TERMINATION RIGHTS(OCT 2016)...................................................................................................................................................7
1.06 INTENTIONALLY DELETED...............................................................................................................................................................7
1.07 DOCUMENTS INCORPORATED IN THE LEASE(OCT 2020)............................................................................................................7
1.08 TENANT IMPROVEMENT RENTAL ADJUSTMENT (OCT 2016)...................................................................................................8
1.09 INTENTIONALLY DELETED...............................................................................................................................................................8
1.10 INTENTIONALLY DELETED...............................................................................................................................................................8
1.11 INTENTIONALLY DELETED...............................................................................................................................................................8
1.12 PERCENTAGE OF OCCUPANCY FOR TAX ADJUSTMENT(OCT 2018)..........................................................................................8
1.13 REAL ESTATE TAX BASE(SEP 2013)...............................................................................................................................................8
1.14 OPERATING COST BASE(OCT 2016)...............................................................................................................................................8
1.15 INTENTIONALLY DELETED...............................................................................................................................................................8
1.16 INTENTIONALLY DELETED...............................................................................................................................................................8
1.17 INTENTIONALLY DELETED...............................................................................................................................................................8
1.18 BUILDING IMPROVEMENTS(MAR 2016)..........................................................................................................................................9
1.19 HUBZONE SMALL BUSINESS CONCERNS ADDITIONAL PERFORMANCE REQUIREMENTS(MAR 2012)..................................9
1.20 LESSOR'S UNIQUE ENTITY IDENTIFIER(OCT 2020).......................................................................................................................9
SECTION 2 GENERAL TERMS,CONDITIONS,AND STANDARDS.........................................................................................................10
2.01 DEFINITIONS AND GENERAL TERMS(OCT 2016).........................................................................................................................10
2.02 AUTHORIZED REPRESENTATIVES(OCT 2016).............................................................................................................................11
2.03 ALTERATIONS REQUESTED BY THE GOVERNMENT(OCT 2018)................................................................................................11
2.04 WAIVER OF RESTORATION(OCT 2018).........................................................................................................................................11
2.05 INTENTIONALLY DELETED.............................................................................................................................................................11
2.06 CHANGE OF OWNERSHIP/NOVATION (OCT 2020)........................................................................................................................11
2.07 REAL ESTATE TAX ADJUSTMENT(JUN 2012)..............................................................................................................................11
2.08 INTENTIONALLY DELETED.............................................................................................................................................................13
2.09 OPERATING COSTS ADJUSTMENT(JUN 2012).............................................................................................................................13
2.10 ADDITIONAL POST-AWARD FINANCIAL AND TECHNICAL DELIVERABLES(JUN 2012)...........................................................13
2.11 INTENTIONALLY DELETED.............................................................................................................................................................14
SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS..............................................................................................15
3.01 LABOR STANDARDS(OCT 2016)....................................................................................................................................................15
3.02 WORK PERFORMANCE(JUN 2012)................................................................................................................................................15
3.03 EXISTING FIT-OUT,SALVAGED,OR REUSED BUILDING MATERIAL(OCT 2019).......................................................................15
3.04 INTENTIONALLY DELETED.............................................................................................................................................................15
3.05 WOOD PRODUCTS(OCT 2019).......................................................................................................................................................15
3.06 ADHESIVES AND SEALANTS(OCT 2019).......................................................................................................................................15
3.07 BUILDING SHELL REQUIREMENTS(OCT 2016).............................................................................................................................15
3.08 RESPONSIBILITY OF THE LESSOR AND LESSOR'S ARCHITECT/ENGINEER(JUN 2012).........................................................16
3.09 QUALITY AND APPEARANCE OF BUILDING(JUN 2012)..............................................................................................................16
3.10 VESTIBULES(OCT 2020).................................................................................................................................................................16
3.11 MEANS OF EGRESS(MAY 2015).....................................................................................................................................................16
3.12 AUTOMATIC FIRE SPRINKLER SYSTEM(SEP 2013).....................................................................................................................17
3.13 FIRE ALARM SYSTEM(SEP 2013)...................................................................................................................................................17
3.14 ENERGY INDEPENDENCE AND SECURITY ACT(MAR 2016)........................................................................................................17
3.15 ELEVATORS(OCT 2020)..................................................................................................................................................................18
3.16 BUILDING DIRECTORY(APR 2011).................................................................................................................................................18
3.17 FLAGPOLE(SEP 2013).....................................................................................................................................................................18
3.18 DEMOLITION (JUN 2012)..................................................................................................................................................................18
3.19 ACCESSIBILITY(FEB 2007).............................................................................................................................................................19
3.20 CEILINGS(OCT 2019).......................................................................................................................................................................19
3.21 EXTERIOR AND COMMON AREA DOORS AND HARDWARE(SEP 2013).....................................................................................19
3.22 DOORS: IDENTIFICATION(APR 2011)...........................................................................................................................................19
3.23 WINDOWS(OCT 2020)......................................................................................................................................................................19
3.24 PARTITIONS: GENERAL(OCT 2019)..............................................................................................................................................19
3.25 PARTITIONS: PERMANENT(OCT 2019).........................................................................................................................................20
3.26 INSULATION: THERMAL,ACOUSTIC,AND HVAC(OCT 2019).....................................................................................................20
3.27 WALL FINISHES-SHELL(SEP 2015).............................................................................................................................................20
3.28 PAINTING-SHELL(OCT 2019).......................................................................................................................................................20
3.29 FLOORS AND FLOOR LOAD(OCT 2019)........................................................................................................................................20
3.30 FLOOR COVERING AND PERIMETERS-SHELL(SEP 2013)........................................................................................................20
3.31 MECHANICAL, ELECTRICAL, PLUMBING: GENERAL(APR 2011)...............................................................................................21
3.32 BUILDING SYSTEMS(APR 2011).....................................................................................................................................................21
3.33 ELECTRICAL(OCT 2019).................................................................................................................................................................21
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3.34 INTENTIONALLY DELETED.............................................................................................................................................................21
3.35 PLUMBING(JUN 2012).....................................................................................................................................................................21
3.36 DRINKING FOUNTAINS(OCT 2018).................................................................................................................................................21
3.37 RESTROOMS(OCT 2020).................................................................................................................................................................21
3.38 INTENTIONALLY DELETED.............................................................................................................................................................22
3.39 JANITOR CLOSETS(SEP 2015).......................................................................................................................................................22
3.40 HEATING,VENTILATION,AND AIR CONDITIONING-SHELL(OCT 2020)....................................................................................22
3.41 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT(SEP 2015)...................................................................................22
3.42 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS(JUN 2012)..........................................................................................23
3.43 LIGHTING: INTERIOR AND PARKING-SHELL(OCT 2020)..........................................................................................................23
3.44 ACOUSTICAL REQUIREMENTS(JUN 2012)....................................................................................................................................24
3.45 INTENTIONALLY DELETED........................................................................24
3.46 SEISMIC SAAFETvr� OR NEW CONSTR CTION(OCT 2020)INTENTIONALLY DELETED.............................................................24
3.47 CIRC PROTECTION FOR NEW CONSTRI ICTION(ADC 2015)INTENTIONALLY DELETED..........................................................24
3.48 INTENTIONALLY DELETED.............................................................................................................................................................24
3.49 INTENTIONALLY DELETED.............................................................................................................................................................24
3.50 INDOOR AIR QUALITY DURING CONSTRUCTION(OCT 2020)......................................................................................................24
3.51 SYSTEMS COMMISSIONING(APR 2011)........................................................................................................................................25
3.52 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS-LEASE(SEP 2014)..............................25
3.53 NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS-LEASE(SEP 2014)...................................................................25
3.54 INTENTIONALLY DELETED.............................................................................................................................................................25
SECTION 4 DESIGN,CONSTRUCTION,AND POST AWARD ACTIVITIES..............................................................................................26
4.01 SCHEDULE FOR COMPLETION OF SPACE(OCT 2020)................................................................................................................26
4.02 CONSTRUCTION DOCUMENTS(SEP 2012)....................................................................................................................................26
4.03 INTENTIONALLY DELETED.............................................................................................................................................................26
4.04 INTENTIONALLY DELETED.............................................................................................................................................................27
4.05 INTENTIONALLY DELETED.............................................................................................................................................................27
4.06 CONSTRUCTION SCHEDULE AND INITIAL CONSTRUCTION MEETING(OCT 2020)...................................................................27
4.07 PROGRESS REPORTS(OCT 2020)..................................................................................................................................................27
4.08 CONSTRUCTION INSPECTIONS(SEP 2015)...................................................................................................................................27
4.09 ACCESS BY THE GOVERNMENT PRIOR TO ACCEPTANCE(SEP 2013)......................................................................................27
4.10 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY(SEP 2015)..............................................................................27
4.11 LEASE TERM COMMENCEMENT DATE AND RENT RECONCILIATION(JUN 2012).....................................................................27
4.12 AS-BUILT DRAWINGS(OCT 2019)...................................................................................................................................................28
4.13 (INTENTIONALLY DELETED)...........................................................................................................................................................28
4.14 SEISMIC RETROFIT(SER 2013)INTENTIONALLY DELETED........................................................................................................28
4.15 INTENTIONALLY DELETED.............................................................................................................................................................28
SECTION 5 TENANT IMPROVEMENT COMPONENTS.............................................................................................................................29
5.01 TENANT IMPROVEMENT REQUIREMENTS(OCT 2016).................................................................................................................29
5.02 INTENTIONALLY DELETED.............................................................................................................................................................29
5.03 FINISH SELECTIONS(SEP 2015).....................................................................................................................................................29
5.04 WINDOW COVERINGS(JUN 2012)..................................................................................................................................................29
5.05 DOORS: SUITE ENTRY(OCT 2019)................................................................................................................................................29
5.06 DOORS: INTERIOR(OCT 2019).......................................................................................................................................................29
5.07 DOORS: HARDWARE(SEP 2013)...................................................................................................................................................29
5.08 DOORS: IDENTIFICATION(JUN 2012)............................................................................................................................................29
5.09 PARTITIONS: SUBDIVIDING(OCT 2020)........................................................................................................................................30
5.10 WALL FINISHES(OCT 2019)............................................................................................................................................................30
5.11 PAINTING-TI(OCT 2019)................................................................................................................................................................30
5.12 FLOOR COVERINGS AND PERIMETERS(OCT 2019).....................................................................................................................30
5.13 HEATING AND AIR CONDITIONING(JUN 2012)..............................................................................................................................31
5.14 ELECTRICAL: DISTRIBUTION(SEP 2015)......................................................................................................................................31
5.15 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT(JUN 2012)...................................................................................31
5.16 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS(AUG 2008).........................................................................................31
5.17 DATA DISTRIBUTION(OCT 2020)....................................................................................................................................................31
5.18 ELECTRICAL,TELEPHONE, DATA FOR SYSTEMS FURNITURE(OCT 2020)...............................................................................31
5.19 LIGHTING: INTERIOR AND PARKING-TI(SEP 2015)..................................................................................................................32
5.20 AUTOMATIC FIRE SPRINKLER SYSTEM-TI(OCT 2016)..............................................................................................................32
SECTION 6 UTILITIES,SERVICES,AND OBLIGATIONS DURING THE LEASE TERM..........................................................................33
6.01 PROVISION OF SERVICES,ACCESS,AND NORMAL HOURS(JUN 2012)....................................................................................33
6.02 UTILITIES(APR 2011).......................................................................................................................................................................33
6.03 INTENTIONALLY DELETED.............................................................................................................................................................33
6.04 INTENTIONALLY DELETED.............................................................................................................................................................33
6.05 HEATING AND AIR CONDITIONING(OCT 2020).............................................................................................................................33
6.06 OVERTIME HVAC USAGE(OCT 2020).............................................................................................................................................33
6.07 JANITORIAL SERVICES(JUL 2020)................................................................................................................................................34
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6.08 INTENTIONALLY DELETED.............................................................................................................................................................35
6.09 INTENTIONALLY DELETED.............................................................................................................................................................35
6.10 SNOW REMOVAL(OCT 2020)..........................................................................................................................................................35
6.11 MAINTENANCE AND TESTING OF SYSTEMS(SEP 2013).............................................................................................................35
6.12 MAINTENANCE OF PROVIDED FINISHES(OCT 2016)...................................................................................................................35
6.13 ASBESTOS ABATEMENT(APR 2011).............................................................................................................................................35
6.14 ONSITE LESSOR MANAGEMENT(APR 2011)................................................................................................................................35
6.15 IDENTITY VERIFICATION OF PERSONNEL(OCT 2020).................................................................................................................36
6.16 SCHEDULE OF PERIODIC SERVICES(OCT 2020)..........................................................................................................................36
6.17 INTENTIONALLY DELETED.............................................................................................................................................................36
6.18 LANDSCAPE MAINTENANCE(APR 2011).......................................................................................................................................37
6.19 RECYCLING(JUN 2012)...................................................................................................................................................................37
6.20 RANDOLPH-SHEPPARD COMPLIANCE(SEP 2013).......................................................................................................................37
6.21 SAFEGUARDING AND DISSEMINATION OF CONTROLLED UNCLASSIFIED INFORMATION(CUI)BUILDING INFORMATION(FEB 2020)
...........................................................................................................................................................................................................37
6.22 INDOOR AIR QUALITY(OCT 2019)..................................................................................................................................................38
6.23 RADON IN AIR(OCT 2016)...............................................................................................................................................................39
6.24 RADON IN WATER(JUN 2012).........................................................................................................................................................39
6.25 HAZARDOUS MATERIALS(SEP 2013)............................................................................................................................................39
6.26 MOLD(OCT 2020).............................................................................................................................................................................39
6.27 OCCUPANT EMERGENCY PLANS(OCT 2020)..............................................................................................................................39
6.28 FLAG DISPLAY(OCT 2016)..............................................................................................................................................................39
SECTION 7 ADDITIONAL TERMS AND CONDITIONS..............................................................................................................................40
7.01 SECURITY REQUIREMENTS(OCT 2016)........................................................................................................................................40
7.02 AGENCY SPECIFIC REQUIREMENTS.............................................................................................................................................40
7.03 HOLDOVER.......................................................................................................................................................................................40
7.04 MODIFIED LEASE PARAGRAPHS(OCT 2020)................................................................................................................................40
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SECTION 1 THE PREMISES, RENT, AND OTHER TERMS
1.01 THE PREMISES(OCT 2016)
The Premises are described as follows:
A. Office and Related Space: 3,502 rentable square feet(RSF),yielding 2,636 ANSI/BOMA Office Area(ABOA)square feet(SF)of office and
related Space located on the 1st floor(s)and known as Suite(s)USDA of the Building,as depicted on the floor plan(s)attached hereto as Exhibit A.
A. Office and Related Space: 3,502 rentable square feet(RSF),yielding 2,636 ANSI/BOMA Office Area(ABOA)square feet(SF)of office and
related Space and an additional 0 RSF,yielding 0 ABOA SF of free space(for which the Government will not be charged rent, including real estate
taxes and operating cost escalations)in excess of the total 0 RSF/0 ABOA SF indicated above,for a total of 3,502 RSF(yielding 2,636 ABOA SF),
located on the 1 floor(s)and known as Suite(s)USDA of the Building,as depicted on the floor plan(s)attached hereto as Exhibit A. All rights,
responsibilities,and obligations that bind the Lessor and Government under this lease agreement, including the General Clauses, and any other
attachments hereto,shall pertain to the entire space under lease,including the free space.
B. Common Area Factor: The Common Area Factor(CAF), defined under Section 2 of the Lease, is established as 33 percent. This factor,
rounded to the nearest whole percentage, shall be used for purposes of rental adjustments in accordance with the Payment Clause of the General
Clauses.
C. INTENTIONALLY DELETED
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: 4 parking spaces as depicted on the plan attached hereto as Exhibit B reserved for the exclusive use of the Government for
Government-owned Vehicles (GOV). In addition, the Lessor shall provide the greater of 52 spaces, or such additional parking spaces as required by
the applicable code of the local government entity having jurisdiction over the Property.These additional spaces are not included in rent..
B. (INTENTIONALLY DELETED)
1.03 RENT AND OTHER CONSIDERATION(OCT 2020)
A. The Government shall pay the Lessor annual rent,payable in monthly installments in arrears,at the following rates:
FIRM TERM NON FIRM TERM
ANNUAL RENT ANNUAL RENT
SHELL RENT' $47,032.00 $47,032.00
OPERATING COSTSZ $23,008.00 $23,008.00
TENANT IMPROVEMENTS RENTS $0.00 $0.00
TOTAL ANNUAL RENT4 $70,040.00 $70,040.00
'Shell rent calculation:
(Firm Term)$XX per RSF multiplied by the RSF stated under Paragraph 1.01
(Non Firm Term)$XX per RSF multiplied by the RSF stated under Paragraph 1.01
20perating Costs rent calculation:$XX per RSF multiplied by the RSF stated under Paragraph 1.01
3Tenant Improvements of$XX are amortized at a rate of X percent per annum over XX years.^Total
Annual Rent does not reflect reduction for free rent(if applicable).See subparagraph C below.
B. INTENTIONALLY DELETED
C. The Lessor has offered free rent for the first 0 months of the Lease(free rent includes shell,operating,Tland parking rent). Therefore,the
first 0 months of the Lease shall be provided at no cost to the Government.
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D. INTENTIONALLY DELETED
E. Rent is subject to adjustment based upon a mutual on-site measurement of the Space upon acceptance, not to exceed XX ABOA SF based
upon the methodology outlined under the"Payment"clause of GSA Form 3517.
F. Rent is subject to adjustment upon reconciliation from quantities in the Lease to the approved DIDs and post-DID change orders,based on unit
prices negotiated and agreed upon prior to Lease award.
G. INTENTIONALLY DELETED
H. If the Government leases the Premises for less than a full calendar month, then rent shall be prorated based on the actual number of days
leased for that month.
I. Rent shall be paid to Lessor by electronic funds transfer (EFT) in accordance with the provisions of the General Clauses. Rent shall be
payable using the EFT information contained in the System for Award Management(SAM). In the event the EFT information changes,the Lessor shall
be responsible for providing the updated information to SAM. Failure by the Lessor to maintain an active registration in SAM may result in delay of rental
payments until such time as the SAM registration is activated.
J. 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 herein 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.
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.
K. For succeeding Leases with an incumbent Lessor where the Government is currently in occupancy and possession of the leased Premises,
the amortized tenant improvement rent rent will not commence until the alterations are complete and accepted by the Government. Upon acceptance
of these improvements,the Government will commence payment of the tenant improvement rent as stipulated under the Lease,in addition to payment
of the tenant improvement rent for the period starting from the Lease Term Commencement Date to the date of tenant improvements acceptance by the
Government(such rent payment will not include any additional interest).
L. INTENTIONALLY DELETED
1.04 INTENTIONALLY DELETED
1.05 TERMINATION RIGHTS(OCT 2016)
The Government may terminate this Lease,in whole or in parts,at any time 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 rent shall accrue after the effective date of termination. Notwithstanding any provision of
this Lease to the contrary,in the event that the Government exercise its termination rights under this section,and on the effective date of such
termination there remains unreimbursed unamortized expenses arising from or relating to TI,the Government shall remain liable for such expenses..
All terms and conditions herein shall prevail throughout the lease. If the Government terminates a portion of the space,the space released shall be
marketable by the Lessor,at the Government's expense.
1.06 INTENTIONALLY DELETED
1.07 DOCUMENTS INCORPORATED IN THE LEASE(OCT 2020)
The following documents are attached to and made part of the Lease:
Document Name No.Of Pages Lease Exhibit
Floor Plan TBD A
Parking Plan TBD B
Legal Description/Deed TBD C
Agency Specific Requirements ASR 4 D
GSA Form 3517B,General Clauses 17 E
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Security Requirements for Level 1 5 F
USDA Office of the Chief Information Officer Technical Requirements 30 G
USDA Signage Requirements 11 H
Covered Telecommunications Equipment or Services Representation 4 1
GSA Form 1364(for reference only;all terms in these documents are replaced by the terms of this
Lease) 3 J
GSA Form 1217(for reference only;all terms in these documents are replaced by the terms of this
Lease) 3 K
GSA Tenant Improvement Cost Summary(TICS)Table(for reference only;all terms in these
documents are replaced by the terms of this Lease) 4 L
Small Business Subcontracting Plan if applicable) TBD TBD
DOL Wage Determination if applicable) TBD TBD
Revisions to Lease Issued under RLP if applicable) TBD TBD
1.08 TENANT IMPROVEMENT RENTAL ADJUSTMENT(OCT 2016)
A. The Lessor has agreed to total TI pricing of$0 based on the Agency's Requirements and design schematic included in Exhibit C. This
amount is amortized in the rent over the OTerm of this Lease at an interest rate of 0 percent per year.
B. INTENTIONALLY DELETED
C. The Government may elect to make lump sum payments for any or all work covered by the TI scope. That part of the TI amortized in the rent
shall be reduced accordingly. At any time after occupancy and during the Term of the Lease,the Government, at its sole discretion, may elect to pay
lump sum for any part or all of the remaining unpaid amortized balance of the TI. If the Government elects to make a lump sum payment for the TI after
occupancy,the payment of the TI by the Government will result in a decrease in the rent according to the amortization rate over the above referenced
Term of the Lease.
D. The Government reserves the right to withhold all or a portion of the tenant improvement rent or lump sum amount until tenant improvements
have been completed by the Lessor to the satisfaction of the LCO.
1.09 INTENTIONALLY DELETED
1.10 INTENTIONALLY DELETED
1.11 INTENTIONALLY DELETED
1.12 PERCENTAGE OF OCCUPANCY FOR TAX ADJUSTMENT(OCT 2018)
A. As of the Lease Award Date,the Government's Percentage of Occupancy,as defined in the"Real Estate Tax Adjustment"paragraph of this
Lease is_percent. The Percentage of Occupancy is derived by dividing the total Government Space of_RSF by the total Building space of_
RSF.The tax parcel number is
INTENTIONALLY DELETED
1.13 REAL ESTATE TAX BASE(SEP 2013)
The Real Estate Tax Base,as defined in the"Real Estate Tax Adjustment"paragraph of the Lease is$XX. Tax adjustments shall not occur until the tax
year following lease commencement has passed.
1.14 OPERATING COST BASE(OCT 2016)
The parties agree,for the purpose of applying the paragraph titled"Operating Costs Adjustment,"that the Lessor's base rate for operating costs shall
be per RSF.
1.15 INTENTIONALLY DELETED
1.16 INTENTIONALLY DELETED
1.17 INTENTIONALLY DELETED
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1.18 BUILDING IMPROVEMENTS(MAR 2016)
Before the Government accepts the Space,the Lessor shall complete the improvements described in the Lease,the ASRs attached to this Lease and shall
comply with the Parking Plan,Physical Security Requirements,Signage Guide,Signage Plan,Construction Schedule and Mitigation Plan(if applicable),and
Seismic Forms(if applicable)attached to this Lease.
1.19 HUBZONE SMALL BUSINESS CONCERNS ADDITIONAL PERFORMANCE REQUIREMENTS(MAR 2012)
If the Lessor is a qualified HUBZone small business concern (SBC)that did not waive the price evaluation preference then as required by 13 C.F.R.
126.700, the HUBZone SBC must spend at least 50% of the cost of the contract incurred for personnel on its own employees or employees of other
qualified HUBZone SBC's and must meet the performance of the work requirements for subcontracting in 13 C.F.R. § 125.6(c). If the Lessor is a
HUBZone joint venture,the aggregate of the qualified HUBZone SBC's to the joint venture, not each concern separately, must perform the applicable
percentage of work required by this clause.
1.20 LESSOR'S UNIQUE ENTITY IDENTIFIER(OCT 2020)
Lessor's Unique Entity Identifier(currently referred to as a Dun&Bradstreet DUNS Number): 091575191
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SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS
2.01 DEFINITIONS AND GENERAL TERMS(OCT 2016)
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. Broker. If USDA awarded this Lease using a contract real estate broker,Broker shall refer to USDA's broker.
C. Building. Building(s)situated on the Property in which the Premises are located.
D. (INTENTIONALLY DELETED)"
E. Common Area Factor. 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.
F. Contract. "Contract"shall mean this Lease.
G. Contractor. "Contractor"shall mean Lessor.
H. Days. All references to"day"or"days"in this Lease shall mean calendar days, unless specified otherwise.
I. FAR. All references to the FAR shall be understood to mean the Federal Acquisition Regulation,codified at 48 CFR Chapter 1.
J. 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.
K. GSAR.All references to the GSAR shall be understood to mean the GSA supplement to the FAR,codified at 48 CFR Chapter 5.
L. Lease Term Commencement Date. The date on which the lease term commences.
M. Lease Award Date. The date the LCO executes the Lease and mails or otherwise furnishes written notification of the executed Lease to the
successful Offeror(date on which the parties'obligations under the Lease begin).
N. 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.
O. Property. 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.
P. 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.
Q. 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.
R. 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.
S. Working Days. Working Days shall mean weekdays,excluding Saturdays and Sundays and Federal holidays.
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2.02 AUTHORIZED REPRESENTATIVES(OCT 2016)
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 Lease
Contracting Officer(LCO)by notice,without an express delegation by the prior LCO.
2.03 ALTERATIONS REQUESTED BY THE GOVERNMENT(OCT 2018)
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 a tenant agency-approved form when specifically authorized to do so by the LCO.
The General Services Administration Acquisition Manual("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 LCO or a warranted contracting
officer's representative(COR)in USDA or the tenant agency when specifically authorized to do so by the LCO,subject to the threshold limitation below.
B. Orders for alterations issued by an authorized COR are limited to no more than $250,000 (LCDs are not subject to this threshold). This
threshold will change according to future adjustments of the simplified acquisition threshold(see FAR 2.101).The LCO 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. INTENTIONALLY DELETED
2.04 WAIVER OF RESTORATION(OCT 2018)
Lessor shall have no right to require the Government to restore the Premises upon expiration or earlier termination (full or partial) 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 or earlier termination(full or partial)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/NOVATION(OCT 2020)
A. If during the term of the Lease,title to the Property is transferred 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.
C. If title to the Property is transferred, 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 LCO 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 LCO 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 that 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)for purposes of"All Awards"(See FAR 52.232-33),and complete all required representations and certifications within SAM. .
G. If title to the Property is transferred, rent shall continue to be paid to the original Lessor,subject to the Government's rights as provided for in
this Lease. The Government's obligation to pay rent to the Transferee shall commence on the effective date of the Lease Amendment incorporating the
Novation Agreement. The Lease Amendment will not be issued until the Government has received all information reasonably required by the LCO,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. The original Lessor must maintain an active registration
in SAM until the Novation process is complete.
2.07 REAL ESTATE TAX ADJUSTMENT(JUN 2012)
A. Purpose:This paragraph provides for adjustment in the rent(tax adjustment)to account for increases or decreases in Real Estate Taxes for
the Property after the establishment of the Real Estate Tax Base,as those terms are defined herein. Tax adjustments shall be calculated in accordance
with this paragraph.
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B. Definitions: The following definitions apply to the use of the terms within this paragraph:
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).
Real Estate Taxes are those taxes that are levied upon the owners of real property by a Taxing Authority (as hereinafter defined)of a state or local
Government on an ad valorem basis to raise general revenue for funding the provision of government services. The term excludes,without limitation,
special assessments for specific purposes,assessments for business improvement districts,and/or community development assessments.
Taxing Authority is a state, commonwealth,territory, county, city, parish, or political subdivision thereof, authorized by law to levy, assess, and collect
Real Estate Taxes.
Tax Year refers to the 12-month period adopted by a Taxing Authority as its fiscal year for assessing Real Estate Taxes on an annual basis.
Tax Abatement is an authorized reduction in the Lessor's liability for Real Estate Taxes below that determined by applying the generally applicable real
estate tax rate to the Fully Assessed(as hereinafter defined)valuation of the Property.
Unadjusted Real Estate Taxes are the full amount of Real Estate Taxes that would be assessed for the Property for one full Tax Year without regard to
the Lessor's entitlement to any Tax Abatements(except if such Tax Abatement came into effect after the date of award of the Lease),and not including
any late charges, interest or penalties. If a Tax Abatement comes into effect after the date of award of the Lease,"unadjusted Real Estate Taxes"are
the full amount of Real Estate Taxes assessed for the Property for one full Tax Year,less the amount of such Tax Abatement,and not including any late
charges,interest,or penalties.
Real Estate Tax Base is the unadjusted Real Estate Taxes for the first full Tax Year following the commencement of the Lease term. If the Real Estate
Taxes for that Tax Year are not based upon a Full Assessment of the Property, then the Real Estate Tax Base shall be the Unadjusted Real Estate
Taxes for the Property for the first full Tax Year for which the Real Estate Taxes are based upon a Full Assessment. Such first full Tax Year may be
hereinafter referred to as the Tax Base Year. Alternatively,the Real Estate Tax Base may be an amount negotiated by the parties that reflects an agreed
upon base for a Fully Assessed value of the Property.
The Property is deemed to be Fully Assessed (and Real Estate Taxes are deemed to be based on a Full Assessment)only when a Taxing Authority
has,for the purpose of determining the Lessor's liability for Real Estate Taxes, determined a value for the Property taking into account the value of all
improvements contemplated for the Property pursuant to the Lease,and issued to the Lessor a tax bill or other notice of levy wherein the Real Estate
Taxes for the full Tax Year are based upon such Full Assessment. At no time prior to the issuance of such a bill or notice shall the Property be deemed
Fully Assessed.
Percentage of Occupancy refers to that portion of the Property exclusively occupied or used by the Government pursuant to the Lease. For Buildings,
the Percentage of Occupancy is determined by calculating the ratio of the RSF occupied by the Government pursuant to the Lease to the total RSF in
the Building or Buildings so occupied,and shall not take into account the Government's ancillary rights including,but not limited to,parking or roof space
for antennas(unless facilities for such ancillary rights are separately assessed). This percentage shall be subject to adjustment to take into account
increases or decreases for Space leased by the Government or for rentable space on the Property.
C. Adiustment for changes in Real Estate Taxes. After the Property is Fully Assessed,the Government shall pay its share of any increases and
shall receive its share of any decreases in the Real Estate Taxes for the Property,such share of increases or decreases to be referred to herein as"tax
adjustment." The amount of the tax adjustment shall be determined by multiplying the Government's Percentage of Occupancy by the difference between
the current year Unadjusted Real Estate Taxes and the Real Estate Tax Base, less the portion of such difference not paid due to a Tax Abatement
(except if a Tax Abatement comes into effect after the date of award of the Lease). If a Tax Abatement comes into effect after the date of award of the
Lease,the amount of the tax adjustment shall be determined by multiplying the Government's Percentage of Occupancy by the difference between the
current year Unadjusted Real Estate Taxes and the Real Estate Tax Base. The Government shall pay the tax adjustment in a single annual lump sum
payment to the Lessor. In the event that this tax adjustment results in a credit owed to the Government,the Government may elect to receive payment
in the form of a rental credit or lump sum payment.
If the Property contains more than one separately assessed parcel,then more than one tax adjustment shall be determined based upon the Percentage
of Occupancy, Real Estate Tax Base,and Real Estate Taxes for each respective parcel.
After commencement of the Lease term,the Lessor shall provide to the LCO copies of all real estate tax bills for the Property,all documentation of Tax
Abatements, credits, or refunds, if any, and all notices which may affect the assessed valuation of the Property, for the Tax Year prior to the
commencement of the Lease Term, and all such documentation for every year following. Lessor acknowledges that the LCO shall rely on the
completeness and accuracy of these submissions in order to establish the Real Estate Tax Base and to determine tax adjustments. The LCO may
memorialize the establishment of the Real Estate Tax Base by issuing a unilateral administrative lease amendment indicating the base year,the amount
of the Real Estate Tax Base,and the Government's Percentage of Occupancy.
The Real Estate Tax Base is subject to adjustment when increases or decreases to Real Estate Taxes in any Tax Year are attributable to (a)
improvements or renovations to the Property not required by this Lease, or(b)changes in net operating income for the Property not derived from this
Lease. If either condition results in a change to the Real Estate Taxes, the LCO may re-establish the Real Estate Tax Base as the Unadjusted Real
Estate Taxes for the Tax Year the Property is reassessed under such condition,less the amount by which the Unadjusted Real Estate Taxes for the Tax
Year prior to reassessment exceeds the prior Real Estate Tax Base.
If this Lease includes any options to renew the term of the Lease,or be otherwise extended,the Real Estate Tax Base for determining tax adjustments
during the renewal term or extension shall be the last Real Estate Tax Base established during the base term of the Lease.
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If any Real Estate Taxes for the Property are retroactively reduced by a Taxing Authority during the term of the Lease,the Government shall be entitled
to a proportional share of any tax refunds to which the Lessor is entitled,calculated in accordance with this Paragraph. Lessor acknowledges that it has
an affirmative duty to disclose to the Government any decreases in the Real Estate Taxes paid for the Property during the term of the Lease. Lessor
shall annually provide to the LCO all relevant tax records for determining whether a tax adjustment is due,irrespective of whether it seeks an adjustment
in any Tax Year.
If the Lease terminates before the end of a Tax Year,or if rent has been suspended,payment for the real estate tax increase due because of this section
for the Tax Year will be prorated based on the number of days that the Lease and the rent were in effect. Any credit due the Government after the
expiration or earlier termination of the Lease shall be made by a lump sum payment to the Government or as a rental credit to any succeeding Lease,
as determined in the LCO's sole discretion. Lessor shall remit any lump sum payment to the Government within 15 calendar days of payment or credit
by the Taxing Authority to Lessor or Lessor's designee. If the credit due to the Government is not paid by the due date,interest shall accrue on the late
payment at the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978,as amended(41 USC§611),
that is in effect on the day after the due date. The interest penalty shall accrue daily on the amount of the credit and shall be compounded in 30-day
increments inclusive from the first day after the due date through the payment date. The Government shall have the right to pursue the outstanding
balance of any tax credit using all such collection methods as are available to the United States to collect debts. Such collection rights shall survive the
expiration of this Lease.
In order to obtain a tax adjustment,the Lessor shall furnish the LCO with copies of all paid tax receipts,or other similar evidence of payment acceptable
to the LCO,and a proper invoice(as described in GSA Form 3517,General Clauses,552.270-31, Prompt Payment)for the requested tax adjustment,
including the calculation thereof. All such documents must be received by the LCO within 60 calendar days after the last date the real estate tax payment
is due from the Lessor to the Taxing Authority without payment of penalty or interest. FAILURE TO SUBMIT THE PROPER INVOICE AND EVIDENCE
OF PAYMENT WITHIN SUCH TIME FRAME SHALL CONSTITUTE A WAIVER OF THE LESSOR'S RIGHT TO RECEIVE A TAX ADJUSTMENT
PURSUANT TO THIS PARAGRAPH FOR THE TAX YEAR AFFECTED.
Tax Appeals. If the Government occupies more than 50 percent of the Building by virtue of this and any other Government Lease(s),the Government
may,upon reasonable notice,direct the Lessor to initiate a tax appeal,or the Government may elect to contest the assessed valuation on its own behalf
or jointly on behalf of Government and the Lessor. If the Government elects to contest the assessed valuation on its own behalf or on behalf of the
Government and the Lessor, the Lessor shall cooperate fully with this effort, including, without limitation, furnishing to the Government information
necessary to contest the assessed valuation in accordance with the filing requirements of the Taxing Authority, executing documents, providing
documentary and testimonial evidence,and verifying the accuracy and completeness of records. If the Lessor initiates an appeal at the direction of the
Government,the Government shall have the right to approve the selection of counsel who shall represent the Lessor with regard to such appeal,which
approval shall not be unreasonably withheld,conditioned or delayed,and the Lessor shall be entitled to a credit in the amount of its reasonable expenses
in pursuing the appeal.
2.08 INTENTIONALLY DELETED
2.09 OPERATING COSTS ADJUSTMENT(JUN 2012)
A. Beginning with the second year of the Lease and each year thereafter,the Government may pay annual incremental adjusted rent for changes
in costs for cleaning services, supplies, materials, maintenance, trash removal, landscaping, water, sewer charges, heating, electricity, and certain
administrative expenses attributable to occupancy.
B. The amount of adjustment will be determined by the LCO, based on the Lessor's receipts or paid invoices for items attributable to Operating
Costs from the prior 12-month period.The Lessor shall also submit a new Form 1217 that shows the changed costs from the previous Operating Costs
being paid by the Government. The LCO in her or his sole discretion will calculate the actual changes to Operating Costs and the price per RSF that
should be paid by the Government going forward.A Lease Amendment will be issued by the LCO to memorialize any change.
C. INTENTIONALLY DELETED.
D. INTENTIONALLY DELETED
2.10 ADDITIONAL POST-AWARD FINANCIAL AND TECHNICAL DELIVERABLES(JUN 2012)
A. If the Lessor is a HUBZone small business concern(SBC)that did not waive the price evaluation preference,the Lessor shall provide a
certification within 10 days after Lease award to the LCO(or representative designated by the LCO)that the Lessor was an eligible HUBZone SBC on
the date of award. If it is determined within 20 days after award that a HUBZone SBC Offeror that has been awarded the Lease was not an eligible
HUBZone SBC at the time of award,and the HUBZone SBC Lessor failed to provide the LCO with information regarding a change to its HUBZone
eligibility prior to award,then the Lease shall be subject,at the LCO's discretion,to termination,and the Government will be relieved of all obligations
to the Lessor in such an event and not be liable to the Lessor for any costs,claims or damages of any nature whatsoever.
B. Within 10 days after Lease award,the Lessor shall provide to the LCO(or representative designated by the LCO)evidence of:
1. A firm commitment of funds in an amount sufficient to perform the work.
2. The names of at least two proposed construction contractors,as well as evidence of the contractors'experience,competency, and
performance capabilities with construction similar in scope to that which is required herein.
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3. The license or certification to practice in the state where the Building is located from the individual(s)and/or firm(s)providing
architectural and engineering design services.
4. If the Lessor acquires ownership of the Premises or other controlling interest after Lease award, evidence that the Lessor has
obtained ownership or other controlling interest of the Property.
C. The Government shall have the right to withhold approval of design intent drawings(DIDs)until the conditions specified in sub-paragraphs A
and B have been satisfied.
D. Within ten(10)calendar days after the LCO issues the Notice To Proceed(NTP)for TI construction,the Lessor shall provide to the LCO
evidence of:
1. Award of a construction contract for Tls with a firm completion date. This date must be in accordance with the construction schedule
for Tls as described in the"Schedule for Completion of Space"paragraph of this Lease.
2. Issuance of required permits for construction of the Tis.
2.11 INTENTIONALLY DELETED
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SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS
3.01 LABOR STANDARDS(OCT 2016)
If the Lessor proposes to satisfy the requirements of this Lease through the construction of a new Building or the complete rehabilitation or reconstruction
of an existing Building, and the Government will be the sole or predominant tenant such that any other use of the Building will be functionally or
quantitatively incidental to the Government's use and occupancy,the following FAR clauses shall apply to all work(including shell and Tls)performed
prior to the Government's acceptance of space as substantially complete. Full text versions of these clauses are available upon request from the LCO.
Full text versions are also available at HTTPS://WWW.ACQUISITION.GOV/?Q=BROWSEFAR.
52.222-4 Contract Work Hours and Safety Standards Act—Overtime Compensation
52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work
52.222-6 Construction Wage Rate Requirements
52.222-7 Withholding of Funds
52.222-8 Payrolls and Basic Records
52.222-9 Apprentices and Trainees
52.222-10 Compliance with Copeland Act Requirements
52.222-11 Subcontracts(Labor Standards)
52.222-12 Contract Termination–Debarment
52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations
52.222-14 Disputes Concerning Labor Standards
52.222-15 Certification of Eligibility
3.02 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 LCO. The LCO 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.
3.03 EXISTING FIT-OUT,SALVAGED,OR REUSED BUILDING MATERIAL(OCT 2019)
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. INTENTIONALLY DELETED
3.04 INTENTIONALLY DELETED
3.05 WOOD PRODUCTS(OCT 2019)
A. Particle board,strawboard,and plywood materials used shall be free of formaldehyde or sufficiently aged prior to use such that indoor air levels
in the finished leased space shall not exceed 0.016 parts per million(ppm)of formaldehyde.
B. All materials comprised of combustible substances,such as wood plywood and wood boards,shall be treated with fire retardant chemicals by a
pressure impregnation process or other methods that treats the materials throughout as opposed to surface treatment.
C. INTENTIONALLY DELETED
3.06 ADHESIVES AND SEALANTS(OCT 2019)
A. All adhesives employed(including, but not limited to, adhesives for carpet, carpet tile, plastic laminate,wall coverings, adhesives for wood, or
sealants)shall meet the requirements of the manufacturer of the products adhered or involved. The Lessor shall use adhesives and sealants with no
heavy metals, and that do not result in indoor air levels above 0.016 parts per million (ppm)of formaldehyde. Adhesives and other materials used for
the installation of carpets shall be limited to those having a flash point of 140 degrees F or higher.
B. INTENTIONALLY DELETED
3.07 BUILDING SHELL REQUIREMENTS(OCT 2016)
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 Tis,Building Specific Amortized Capital,Operating Costs,
or other rent components as indicated shall be deemed included in the Shell Rent.
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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 Tis. 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.
C. The Building Shell rental rate shall also include, but is not limited to,costs included listed under Section II of GSA Form 1217, Lessor's Annual
Cost Statement,including insurance,taxes, lease commission and management, in addition to profit,reserve costs and loan financing for the Building.
3.08 RESPONSIBILITY OF THE LESSOR AND LESSOR'S ARCHITECT/ENGINEER(JUN 2012)
A. 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.
B. THE LESSOR REMAINS SOLELY RESPONSIBLE FOR DESIGNING, CONSTRUCTING, OPERATING, AND MAINTAINING THE LEASED
PREMISES IN FULL ACCORDANCE WITH THE REQUIREMENTS OF THE LEASE. The Government retains the right to review and approve many
aspects of the Lessor's design,including without limitation,review of the Lessor's design and construction drawings,shop drawings,product data,finish
samples,and completed base building and TI construction. Such review and approval is intended to identify potential design flaws,to minimize costly
misdirection of effort, and to assist the Lessor in its effort to monitor whether such design and construction comply with applicable laws and satisfy all
Lease requirements.
C. Neither the Government's review, approval or acceptance of, nor payment through rent of the services required under this contract, shall be
construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract,and the Lessor
shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Lessor's negligent
performance of any of the services required under this Lease.
D. Design and construction and performance information is contained throughout several of the documents which comprise this Lease. The Lessor
shall provide to space planners, architects, engineers,construction contractors, etc., all information required whether it is found in this Lease,special
requirements and attachments,price lists,or design intent drawings. Reliance upon one of these documents to the exclusion of any other may result in
an incomplete understanding of the scope of the work to be performed and/or services to be provided.
3.09 QUALITY AND APPEARANCE OF BUILDING(JUN 2012)
The Building in which the Premises are located shall be designed,built and maintained in good condition and in accordance with the Lease requirements.
If not new or recent construction, the Building shall have undergone by occupancy, modernization, or adaptive reuse for office space with modern
conveniences. The Building shall be compatible with its surroundings. Overall, the Building shall project a professional and aesthetically pleasing
appearance including an attractive front and entrance way.
3.10 VESTIBULES(OCT 2020)
A. Vestibules shall be provided at public entrances wherever entry to the Space is directly from the outside. In the event of negative air pressure
conditions,provisions shall be made for equalizing air pressure. For measurement purposes,vestibules are considered building support space and not
ABOA.
B. The Lessor shall provide permanent entryway systems(such as grilles or grates)to control dirt and particulates from entering the Building at all
primary exterior entryways.
3.11 MEANS OF EGRESS(MAY 2015)
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 AUTOMATIC FIRE SPRINKLER SYSTEM(SEP 2013)
A. Any portion of the Space located below-grade, including parking garage areas, and all areas in a Building referred to as "hazardous areas"
(defined in National Fire Protection Association (NFPA) 101) that are located within the entire Building (including non-Government areas) shall be
protected by an automatic fire sprinkler system or an equivalent level of safety.
B. For Buildings in which any portion of the Space is on or above the sixth floor,then, at a minimum,the Building up to and including the highest
floor of Government occupancy shall be protected by an automatic fire sprinkler system or an equivalent level of safety.
C. For Buildings in which any portion of the Space is on or above the sixth floor, and lease of the Space will result, either individually or in
combination with other Government Leases in the Building, in the Government leasing 35,000 or more ANSI/BOMA Office Area SF of Space in the
Building,then the entire Building shall be protected throughout by an automatic fire sprinkler system or an equivalent level of safety.
D. Automatic fire sprinkler system(s)shall be installed in accordance with the requirements of NFPA 13, Standard for the Installation of Sprinkler
Systems that was in effect on the actual date of installation.
E. Automatic fire sprinkler system(s)shall be maintained in accordance with the requirements of NFPA 25, Standard for the Inspection,Testing,
and Maintenance of Water-based Fire Protection Systems(current as of the Lease Award Date).
F. "Equivalent level of safety" means an alternative design or system (which may include automatic fire sprinkler systems), based upon fire
protection engineering analysis,which achieves a level of safety equal to or greater than that provided by automatic fire sprinkler systems.
3.13 FIRE ALARM SYSTEM(SEP 2013)
A. A Building-wide fire alarm system shall be installed in the entire Building in which any portion of the Space is located on the 3rd floor or higher.
B. The fire alarm system shall be installed in accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code,that was in
effect on the actual date of installation.
C. The fire alarm system shall be maintained in accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code (current
as of the Lease Award Date).
D. The fire alarm system shall transmit all fire alarm signals to the local fire department via any of the following means: directly to the local fire
department,to the(911)public communications center,to a central station,to a remote supervising station,or to a proprietary supervising station.
E. If the Building's fire alarm control unit is over 25 years old as of the date of award of this Lease, Lessor shall install a new fire alarm system in
accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code (current as of the Lease Award Date), prior to Government
acceptance and occupancy of the Space.
3.14 ENERGY INDEPENDENCE AND SECURITY ACT(MAR 2016)
A. Energy-related Requirements:
1. 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").
2. If this Lease was awarded under any of EISA's Section 435 statutory exceptions,the Lessor shall either:
a. 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
b. (i) 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);and
(ii) Obtain and publicly disclose the Building's current ENERGY STAR®score (using EPA's Portfolio Manager tool), unless the
Lessor cannot access whole building utility consumption data,or there is no building category within Portfolio Manager to benchmark against, including
spaces—
I. That are located in States with privacy laws that provide that utilities shall not provide such aggregated
information to multitenant building owners;and
II. For which tenants do not provide energy consumption information to the commercial building owner in
response to a request from the building owner. (A Federal agency that is a tenant of the space shall provide
to the building owner,or authorize the owner to obtain from the utility,the energy consumption information of
the space for the benchmarking and disclosure required by this subparagraph D).
III. That cannot be benchmarked(scored)using EPA's Portfolio Manager tool because of excessive vacancy; in
which case Lessor agrees to obtain the score and publicly disclose it within 120 days of the eligibility to obtain
a score using the EPA Portfolio Manager tool.
Note:"public disclosure"means posting the Energy Star®score on state or local websites in those areas that have applicable disclosure
mandates, and reporting the score to the Government via Portfolio Manager. In the absence of an applicable state or local disclosure
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mandate,Lessor shall either generate and display the Energy Star®score in a public space at the building location or post the score on
Lessor's or Lessor's Parent/Affiliate website.
3. 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.
4. The Lessor is encouraged to purchase at least 50 percent of the Government tenant's electricity from renewable sources.
B. Hydrology-related Requirements:
1. Per EISA Section 438,the sponsor of any development or redevelopment project involving a Federal facility with a footprint that exceeds
5,000 square feet shall use site planning, design, construction, and maintenance strategies for the property to maintain or restore, to the maximum
extent technically feasible,the predevelopment hydrology of the Property with regard to the temperature,rate,volume,and duration of flow. If the Lessor
proposes to satisfy the Government's space requirements through a development or redevelopment project, and the Government will be the sole or
predominant tenant such that any other use of the Property will be functionally or quantitatively incidental to the Government's use,the Lessor is required
to implement hydrology maintenance and restoration requirements as required by EISA Section 438.
a. For the purposes of applying EISA Section 438 in this Lease,"sponsor"shall mean"Lessor",and"exceeds 5,000 square feet"shall
mean construction that disturbs 5,000 square feet or more of land area at the Property or on adjoining property to accommodate the
Government's requirements,or at the Property for whatever reason. Information regarding implementation of the hydrology
maintenance and restoration requirements can be found at:http://www.epa.gov/greeningepa/technical-guidance-implementing-
sto rmwate r-ru n off-requirements-fe d e ra I-projects
b. Lessor is required to implement these hydrology maintenance and restoration requirements to the maximum extent technically
feasible, prior to acceptance of the Space, (or not later than one year after the Lease Award Date or Lease Term Commencement Date,whichever is
later, of a succeeding or superseding Lease).Additionally,this Lease requires EISA Section 438 storm water compliance not later than one year from
the date of any applicable disturbance(as defined in EISA Section 438)of more than 5,000 square feet of ground area if such disturbance occurs during
the term of the Lease if the Government is the sole or predominant tenant. In the event the Lessor is required to comply with EISA Section 438, Lessor
shall furnish the Government,prior to the filing for permits for the associated work,with a certification from Lessor's engineer that the design meets the
hydrology maintenance and restoration requirements of EISA Section 438.
3.15 ELEVATORS(OCT 2020)
A. The Lessor shall provide suitable passenger elevator and,when required by the Government,freight elevator service to any of the Premises not
having ground level access. Service shall be available during the normal hours of operation specified in the in this Lease. However, one passenger
elevator and, when required by the Government, one freight elevator shall be available at all times for Government use. When a freight elevator is
required by the Government, it shall be accessible to the loading areas. When possible,the Government shall be given 24-hour advance notice if the
service is to be interrupted for more than 1-1/2 hours. Normal service interruption shall be scheduled outside of the Government's normal working hours.
The Lessor shall also use best efforts to minimize the frequency and duration of unscheduled interruptions.
B. Code: Elevators shall conform to the requirements of the American Society of Mechanical Engineers ASME A17.1/CSA B44, Safety Code for
Elevators and Escalators that were in effect based on the elevator installation date code year. Elevators shall be provided with Phase I emergency recall
operation and Phase II emergency in-car operation in accordance with ASME A17.1/CSA B44. Fire alarm initiating devices(e.g.,smoke detectors)used
to initiate Phase I emergency recall operation shall be installed in accordance with the requirements of NFPA 72, National Fire Alarm and Signaling
Code. The elevators shall be inspected and maintained in accordance with the current edition of the ASME A17.2, Inspector's Manual for Elevators.
Except for the reference to ASME A17.1 in ABAAS, Section F105.2.2, all elevators must meet ABAAS requirements for accessibility in Sections 407,
408,and 409 of ABAAS.
C. Safety Systems: Elevators shall be equipped with telephones or other two-way emergency communication systems. The system used shall be
marked and shall reach an emergency communication location staffed 24 hours per day,7 days per week.
D. Speed: The passenger elevators shall have a capacity to transport in 5 minutes 15 percent of the normal population of all upper floors(based
on 150 SF per person). Further,the dispatch interval between elevators during the up-peak demand period shall not exceed 35 seconds.
E. Interior Finishes: Elevator cab walls shall be hardwood, marble, granite,or an equivalent pre-approved by the LCO. Elevator cab floors shall
be marble,granite,terrazzo,or an equivalent pre-approved by the LCO.
3.16 BUILDING DIRECTORY(APR 2011)
A tamper-proof directory with lock shall be provided in the Building lobby listing the Government agency. It must be acceptable to the LCO.
3.17 FLAGPOLE(SEP 2013)
If the Government is the sole occupant of the Building, a flagpole shall be provided at a location to be approved by the LCO. The flag of the United
States of America will be provided by the Lessor,as part of shell rent,and replaced at all times during the Lease term when showing signs of wear.
3.18 DEMOLITION(JUN 2012)
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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.
3.19 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.
3.20 CEILINGS(OCT 2019)
A complete acoustical ceiling system(which includes grid and lay-in tiles or other Building standard ceiling system as approved by the LCO)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
LCO:
1. Restrooms. Plastered or spackled and taped gypsum board.
2. Offices and conference rooms. Mineral and acoustical tile or lay in panels with textured or patterned surface and rectegular edges
or an equivalent pre-approved by the LCO.
3. Corridors and eating/galley areas. Plastered or spackled and taped gypsum board or mineral acoustical tile.
3.21 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 LCO. 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.
3.22 DOORS: IDENTIFICATION(APR 2011)
All signage required in common areas unrelated to tenant identification shall be provided and installed by the Lessor.
3.23 WINDOWS(OCT 2020)
A. Office Space shall have windows in each exterior bay unless waived by the LCO.
B. All exterior window assemblies shall be weather resistant and water tight. Operable windows that open shall be equipped with secure latches.
Off-street, ground-level windows and those accessible from adjacent roofs and other structures that can be opened must be fitted with a secure latch.
Windows intended for use as a secondary means of egress must be openable from the egress side(e.g.,inside)of the Building without the use of a key,
tool,or special knowledge or effort for operation from the egress side.
3.24 PARTITIONS: GENERAL(OCT 2019)
A. 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 LCO.
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B. INTENTIONALLY DELETED
3.25 PARTITIONS: PERMANENT(OCT 2019)
A. 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.
B. INTENTIONALLY DELETED
3.26 INSULATION: THERMAL,ACOUSTIC,AND HVAC(OCT 2019)
A. No insulation installed with this project shall be material manufactured using chlorofluorocarbons (CFCs), nor shall CFCs be used in the
installation of the product.
B. All insulation containing fibrous materials exposed to air flow shall be rated for that exposure or shall be encapsulated.
C. 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.
D. All insulation shall contain low emitting volatiles and not result in indoor air levels above 0.016 parts per million(ppm)of formaldehyde.
E. 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.
F. INTENTIONALLY DELETED
3.27 WALL FINISHES—SHELL(SEP 2015)
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)semigloss 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.
3.28 PAINTING—SHELL(OCT 2019)
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. 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.
C. INTENTIONALLY DELETED
3.29 FLOORS AND FLOOR LOAD(OCT 2019)
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 LCO.
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.
3.30 FLOOR COVERING AND PERIMETERS—SHELL(SEP 2013)
A. Exposed interior floors in primary entrances and lobbies,durable,exposed interior floors in secondary entrances, elevator lobbies, and primary
interior corridors shall be a durable,non-slip material. Resilient flooring shall be used in telecommunications rooms. Floor perimeters at partitions shall
have wood,rubber,vinyl,marble,or carpet base.
B. Non-slip flooring that can be easily cleaned shall be used in all restroom and service areas of Government-occupied floors.
C. Any alternate flooring must be pre-approved by the LCO.
D. The costs for cyclical carpet replacement requirements as outlined in Section 6 shall be included in the shell rent.
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3.31 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.
3.32 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.
3.33 ELECTRICAL(OCT 2019)
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. The electrical distribution panels enclosed in the electrical room shall include: single-phase 120/240 volt or 3-phase 120/208 volt
service for leased spaces under 10,000 RSF; 3-phase 120/208 volt service for leased spaces between 10,000 and 25,000 RSF; and 3-phase 277/480
volt and 3-phase120/208 volt service for leases spaces over 25,000 RSF. 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.
3.34 INTENTIONALLY DELETED
3.35 PLUMBING(JUN 2012)
The Lessor shall include the cost of plumbing in common areas. Hot and cold water risers and domestic waste and vent risers, installed and ready for
connections that are required for Tls,shall be included in the shell rent.
3.36 DRINKING FOUNTAINS(OCT 2018)
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. Potable is defined as water meeting current EPA primary drinking water standards or more stringent, applicable state or local regulations.
The Lessor shall serve as first responder to any occupant complaints about drinking water. The Lessor shall promptly investigate any such complaints
and implement the necessary controls to address the complaints and maintain potable water conditions. At least one of the required drinking fountains
must be outfitted with a water bottle filling station,which is the Lessor's responsibility to provide,operate,and maintain.
3.37 RESTROOMS(OCT 2020)
A. If this Lease is satisfied by new construction or by renovations that include the construction of restrooms, Lessor shall provide water closets,
sinks and urinals on each floor that is partially or fully occupied by the government per the schedule below. The schedule is per floor and based on a
density of one person for each 135 ABOA SF of office Space,allocated as 50%women and 50%men. If future renovations requiring restroom
construction occur during the term of this Lease,the number of fixtures then must meet the schedule as part of the major alterations.
ESTIMATED (WOMEN'S) (WOMEN'S) (MEN'S) (MEN'S) (MEN'S)
NUMBER OF EACH WATER SINKS WATER URINALS SINKS
GENDER PER CLOSETS CLOSETS
FLOOR
1 to 1 8 2 1 1 1 1
9 to 24 3 2 2 1 1
25 to 36 3 2 2 1 2
37 to 56 5 3 3 2 2
57 to 75 6 4 4 2 2
76 to 96 6 5 4 2 3
97 to 119 7 5 5 2 3
120 to 134 9 5 6 3 4
Above 135 3/40 1/24 1/20 1/40 1/30
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B. If no new construction of a restroom is occurring,at a minimum,separate restroom facilities for men and women shall be provided with sufficient
fixtures(water closets,sinks and urinals), in accordance with local code or ordinances.
C. Each restroom shall have 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. These facilities shall be located
on each floor occupied by the Government in the Building and shall be located so that employees will not be required to travel more than 200 feet on
one floor to reach the restrooms.
D. Restrooms must meet ABAAS requirements as stated under this Lease.
E. 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.
5. INTENTIONALLY DELETED
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. Newly installed restroom partitions shall be made from recovered materials as listed in EPA's CPG.
3.38 INTENTIONALLY DELETED
3.39 JANITOR CLOSETS(SEP 2015)
Janitor closets shall meet all local codes and ordinances. When not addressed by local code, Lessor shall provide containment drains plumbed for
appropriate disposal of liquid wastes in spaces where water and chemical concentrate mixing occurs for maintenance purposes. Disposal is not permitted
in restrooms.
3.40 HEATING,VENTILATION,AND AIR CONDITIONING-SHELL(OCT 2020)
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 American National Standards Institute,
American Society of Heating,Refrigeration and Air-Conditioning Engineers(ANSI/ASHRAE)Standard 62.1,Ventilation for Acceptable Indoor Air Quality
that corresponds with how the HVAC system was designed to perform. At a minimum, Lessor must meet ASHRAE Standard 62.1-2004.
F. Heating and air-conditioning air distribution systems (air handling units, VAV boxes, fan coil units, etc.)for the Space shall be equipped with
particulate matter air filters that meet the Minimum Efficiency Reporting Value(MERV)specified in the ANSI/ASHRAE Standard 62.1 version referenced
in sub-paragraph E above. Locations that do not meet the EPA National Ambient Air Quality Standards (NAAQS)for particulates (PM 10 or PM 2.5)
must be equipped with additional filtration on outdoor air intakes as required in ANSI/ASHRAE Standard 62.1. NAAQS information can be found at
HTTPS://WWW.EPA.GOV/GREEN-BOOK.
G. Restrooms shall be properly exhausted,with a minimum of 10 air changes per hour.
H. INTENTIONALLY DELETED
3.41 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT(SEP 2015)
A. Sufficient space shall be provided on the floor(s)where the Government occupies Space for the purposes of terminating telecommunications
service into the Building. The Building's telecommunications closets located on all floors shall be vertically-stacked. Telecommunications switch rooms,
wire closets,and related spaces shall be enclosed. The enclosure shall not be used for storage or other purposes and shall have door(s)fitted with an
automatic door-closer and deadlocking latch bolt with a minimum throw of 1/2 inch. The telephone closets shall include a telephone backboard.
B. Telecommunications switch rooms,wire closets,and related spaces shall meet applicable Telecommunications Industry Association(TIA)and
Electronic Industries Alliance(EIA)standards. These standards include the following:
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1. TIA/EIA-568,Commercial Building Telecommunications Cabling Standard,
2. TIA/EIA 569,Commercial Building Standard for Telecommunications Pathways and Spaces,
3. TIA/EIA-570, Residential and Light Commercial Telecommunications Wiring Standard,and
4. TIA/EIA-607,Commercial Building Grounding and Bonding Requirements for Telecommunications Standard.
C. 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.
3.42 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.
3.43 LIGHTING: INTERIOR AND PARKING-SHELL(OCT 2020)
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:
Existing Buildings:The maximum fixture power density shall not exceed 1.4 watts per ABOA SF.
New Construction:The maximum fixture power density shall not exceed 1.1 watts per ABOA SF.
D. INTENTIONALLY DELETED
E. OCCUPANCY/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 shut down 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 1 foot-candle at the
surface throughout the parking lot.Parking lot fixtures shall provide a maximum to minimum uniformity ratio of 15:1 and a maximum to average uniformity
ratio of 4:1.
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.
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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.
J. VIDEO SURVEILLANCE SYSTEM (VSS): Lighting shall be provided in such a manner to adequately support VSS operations, and not limit or
preclude adequate fields of view.
3.44 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 LCO may require,at Lessor's expense,test reports by a qualified acoustical consultant showing that acoustical requirements have
been met.
3.45 cora IRITY FOR NEW GONSTRI CTION(OCT 2019)INTENTIONALLY DELETED
3.46 SEISMIC SAFETY C� o�`_«D NEW CONSTRUCTION(OCT 2020)INTENTIONALLY DELETED
3.47 FIRE PROTECTION FOR NEW GONSTRI CTION(APR 2015)INTENTIONALLY DELETED
3.48 INTENTIONALLY DELETED
3.49 INTENTIONALLY DELETED
3.50 INDOOR AIR QUALITY DURING CONSTRUCTION(OCT 2020)
A. The Lessor shall provide to the Government safety data sheets(SDS)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 LCO 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. 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.
D. 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 ANSI/ASHRAE Standard 52.2, Method of Testing General Ventilation Air Cleaning Devices for Removal Efficiency by
Particle Size.
E. Flush-Out Procedure:
1. HVAC flush-out shall commence after construction ends and the Building has been completely cleaned.All interior finishes,such as
millwork,doors,paint,carpet,acoustic tiles,and movable furnishings(e.g.,workstations, partitions), must be installed,and major VOC punch list items
must be finished.
2. Prior to occupancy, Lessor shall install new filtration media and perform a building flush-out by supplying a total air volume of 14,000
cubic feet of outdoor air per square foot of gross floor area while maintaining an internal temperature of at least 60°F(15°C)and no higher than 80°F
(27°C)and relative humidity no higher than 60%.
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3. If the LCO determines that occupancy is required before flush-out can be completed,the Space may be occupied only after delivery
of a minimum of 3,500 cubic feet of outdoor air per square foot of gross floor area while maintaining an internal temperature of at least 60°F(15°C)
and no higher than 80°F(27°C)and relative humidity no higher than 60%.Once the Space is occupied,it must be ventilated at a minimum rate of 0.30
cubic foot per minute(cfm)per square foot of outdoor air or greater.During each day of the flush-out period,ventilation must begin at least three hours
before occupancy and continue during occupancy.These conditions must be maintained until a total of 14,000 cubic feet per square foot of outdoor air
(4 270 liters of outdoor air per square meter)has been delivered to the space.
3.51 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 Tis 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.
3.52 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS—LEASE(SEP 2014)
A. Environmental Due Diligence
Lessor is responsible for performing all necessary "response" actions (as that term is defined at 42 U.S.C. § 9601(25) of the Comprehensive
Environmental Response, Compensation and Liability Act(CERCLA))with regard to all"recognized environmental conditions,"as that term is defined
in ASTM Standard Ell 527-13, as such standard may be revised from time to time. This obligation extends to any contamination of the Property where
such contamination is not attributable to the Government. Lessor must provide the Government with a summary report demonstrating completion of all
required response actions prior to Substantial Completion. Any remediation performed by or on behalf of Lessor must be undertaken in strict compliance
with all applicable federal,state and local laws and regulations.
B. National Environmental Policy Act
The National Environmental Policy Act regulations provide for analyzing proposed major federal actions to determine if there are ways to mitigate the
impact of the proposed actions to avoid, minimize, rectify, reduce,or compensate for environmental impacts associated with such actions. Where the
Government has determined that any or all of these mitigation measures should be or must be adopted to lessen the impact of these proposed actions,
Lessor must incorporate all mitigation measures identified and adopted by the Government in the design and construction drawings and specifications.
All costs and expenses for development of design alternatives, mitigation measures and review submittals for work to be performed under the Lease
are the sole responsibility of Lessor.
3.53 NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS-LEASE(SEP 2014)
A. Where a Memorandum of Agreement or other pre-award agreement concluding the Section 106 consultation includes mitigation,design review
or other continuing responsibilities of the Government, Lessor must allow the Government access to the Property to carry out compliance activities.
Compliance may require excavation for artifact recovery,recordation and interpretation. For Tenant Improvements and other tenant-driven alterations
within an existing historic building, new construction or exterior alterations that could affect historic properties, compliance also may require on-going
design review. In these instances,Lessor will be required to retain,at its sole cost and expense,the services of a preservation architect who meets or
exceeds the Secretary of the Interior's Professional Qualifications Standards for Historic Architecture, as amended and annotated and previously
published in the Code of Federal Regulations,36 C.F.R.part 61, and the GSA Qualifications Standards for Preservation Architects. These standards
are available at: HTTP://WWW.GSA.GOV/HISTORICPRESERVATION>Project Management Tools> Qualification Requirements for Preservation
Architects. The preservation architect will be responsible for developing preservation design solutions and project documentation required for review by
the Government, the State Historic Preservation Officer(SHPO), the Tribal Historic Preservation Officer (THPO), if applicable, and other consulting
parties in accordance with Section 106. For Tenant Improvements and other tenant-driven alterations within an existing historic building,the preservation
architect must develop context-sensitive design options consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties.
Where new construction or exterior alterations, or both, are located within a historic district, may be visible from historic properties or may affect
archeological resources,compliance may require tailoring the design of the improvements to be compatible with the surrounding area. Design review
may require multiple revised submissions,depending on the complexity of the project and potential for adverse effects to historic properties. USDA is
responsible for corresponding with the SHPO,the THPO,if applicable,and any other consulting party.
B. Compliance requirements under Section 106 apply to all historic property alterations and new construction, regardless of the magnitude,
complexity or cost of the proposed scope of work.
C. The costs for development of design alternatives and review submittals for work required under the Lease are the sole responsibility of Lessor.
In addition, building shell costs relating to such design alternatives are the sole responsibility of Lessor and must be included in the shell rent. Such
costs may be offset by federal,state or local preservation tax benefits. Lessor is encouraged to seek independent financial and legal advice concerning
the availability of these tax benefits.
3.54 INTENTIONALLY DELETED
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SECTION 4 DESIGN, CONSTRUCTION, AND POST AWARD ACTIVITIES
4.01 SCHEDULE FOR COMPLETION OF SPACE(OCT 2020)
Design activities for the Space shall commence upon Lease award.Construction activities will commence upon issuance of Notice To Proceed(NTP).
The Lessor shall schedule the following activities to achieve timely completion of the work required by this Lease:
A. Lessor-Provided Design Intent Drawings (DIDs): The Lessor must submit to USDA, as part of the shell cost, complete DIDs conforming to
the requirements of this Lease and other Government-supplied information related to the tenant agency's interior build-out requirements not later than
10 Working Days following the Lease Award Date, provided that the Government supplies such information and direction as reasonably required for
Lessor to timely complete DIDs. The Government(USDA and the tenant agency)shall attend two meetings at the Lessor's request for the purpose of
providing information and direction in the development of DIDs. These meetings may be held either in person or virtually, at the discretion of the
Government. The Lessor should anticipate at least two submissions of DIDs before receiving approval. At the sole discretion of the Government,the
Lessor may be required to submit a budget proposal based on the Tls and associated work as shown on the DIDs. This budget proposal shall be
completed,as part of the shell cost,within 10 Working Days of the Government's request.
B. DIDs.Forthe purposes of this Lease,DIDs are defined as layout line drawings of the leased Space,reflecting all Lease requirements,showing
partitions and doors; schematic demolition; voice, data, and electrical outlet locations; finishes; generic furniture layout, and any additional details
necessary to communicate the design intent to the lessor's architect for the purpose of preparing the construction documents(CDs). A full DID set must
include the following elements:
Level 1 (included in Shell rent):
1. Cover Sheet;
2. Demolition Plan(if applicable);
3. Construction(Partition)Plan;
4. Power/Communication(Electrical)Plan;
5. Furniture Plan;and
6. Finish Plan.
C. Government review and approval of Lessor-provided DIDs: The Government must notify the Lessor of DID approval not later than XX Working
Days following submission of DIDs conforming to the requirements of this Lease as supplied by the Government. Should the DIDs not conform to these
requirements,the Government must notify the Lessor of such non-conformances within the same period; however,the Lessor shall be responsible for
any delay to approval of DIDs occasioned by such non-conformance. The Government's review and approval of the DIDs is limited to conformance to
the specific requirements of the Lease as they apply to the Space.
D. The Lessor's preparation and submission of construction documents(CDs): The Lessor as part of the TI must complete CDs conforming to
the approved DIDs not later than 10 Working Days following the approval of DIDs. If during the preparation of CDs the Lessor becomes aware that any
material requirement indicated in the approved DIDs cannot be reasonably achieved,the Lessor shall promptly notify USDA,and shall not proceed with
completion of CDs until direction is received from the LCO. The LCO shall provide direction within 10 Working Days of such notice,but the Government
shall not be responsible for delays to completion of CDs occasioned by such circumstances. For the purpose of this paragraph,a"material requirement"
shall mean any requirement necessary for the Government's intended use of the Space as provided for in,or reasonably inferable from,the Lease and
the approved DIDs(e.g., number of workstations and required adjacencies).
E. Government review of CDs: The Government shall have 10 Working Days to review CDs prior to issuing a Notice to Proceed(NTP). At any
time during this period of review, the Government shall have the right to require the Lessor to modify the CDs to enforce conformance to Lease
requirements and the approved DIDs.
F. INTENTIONALLY DELETED
G. INTENTIONALLY DELETED
H. INTENTIONALLY DELETED
I. Construction of Tls and completion of other required construction work: The Lessor shall complete all work required to prepare the Premises
as required in this Lease ready for use not later than approximately 120 Working days following issuance of NTP or as approved in writing by LCO.
4.02 CONSTRUCTION DOCUMENTS(SEP 2012)
The Lessor's CDs shall include all mechanical,electrical,plumbing,fire protection,life safety,lighting,structural,security,and architectural improvements
scheduled for inclusion into the Space. CDs shall be annotated with all applicable specifications. CDs shall also clearly identify Tls already in place
and the work to be done by the Lessor or others. Notwithstanding the Government's review of the CDs,the Lessor is solely responsible and liable for
their technical accuracy and compliance with all applicable Lease requirements.
4.03 INTENTIONALLY DELETED
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4.04 INTENTIONALLY DELETED
4.05 INTENTIONALLY DELETED
4.06 CONSTRUCTION SCHEDULE AND INITIAL CONSTRUCTION MEETING(OCT 2020)
The Lessor shall furnish a detailed construction schedule(such as Critical Path Method)to the Government within 10 Working Days of issuance of the
NTP. Such schedule shall also indicate the dates available for Government contractors to install telephone/data lines or equipment, if needed. Within
10 Working Days of NTP, the Lessor shall initiate a construction meeting. This meeting may be held in person or virtually, at the discretion of the
Government. The Lessor will have contractor representatives including its architects,engineers,general contractor and sub-contractor representatives
in attendance. The Lessor shall keep meeting minutes of discussion topics and attendance.
If renovations to the premises would involve the displacement or disruption of USDA's operations, Offeror must provide a written plan to minimize or
mitigate the impacts.This plan may include, but not be limited to,after hours or weekend work, providing temporary working space, plastic sheeting or
cordoning off areas,or other mitigation measures.
4.07 PROGRESS REPORTS(OCT 2020)
After start of construction, the Lessor shall submit to the LCO written progress reports at intervals of 7X Working Days. Each report shall include
information as to the percentage of the work completed by phase and trade; a statement as to expected completion and occupancy dates; changes
introduced into the work;and general remarks on such items as material shortages,strikes,weather,etc,that may affect timely completion. In addition,
at the Government's discretion, the Lessor shall conduct meetings every two weeks to brief Government personnel and/or contractors regarding the
progress of design and construction of the Space. These meetings may be held in person or virtually,at the discretion of the Government. The Lessor
shall be responsible for taking and distributing minutes of these meetings.
4.08 CONSTRUCTION INSPECTIONS(SEP 2015)
A. The LCO or the LCO's designated technical representative may periodically inspect construction work to review compliance with Lease
requirements and approved DIDs,if applicable.
B. Periodic reviews, witnessing of tests, and inspections by the Government shall not constitute approval of the Lessor's apparent progress
toward meeting the Government's objectives but are intended to discover any information which the LCO may be able to call to the Lessor's attention to
prevent costly misdirection of effort. The Lessor shall remain responsible for designing, constructing, operating, and maintaining the Building in full
accordance with the requirements of the Lease.
4.09 ACCESS BY THE GOVERNMENT PRIOR TO ACCEPTANCE(SEP 2013)
The Government shall have the right to access any space within the Building during construction for the purposes of performing inspections or installing
Government furnished equipment. The Government shall coordinate the activity of Government contractors with the Lessor to minimize conflicts with
and disruption to other contractors on site. Access shall not be unreasonably denied to authorized Government officials including, but not limited to,
Government contractors,subcontractors,or consultants acting on behalf of the Government on this project.
4.10 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY(SEP 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 Tis conforming to this Lease and the
approved DIDs, if applicable, is substantially complete, a Certificate of Occupancy (C of O) 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 conformance of the completed Tls to the approved DIDs,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 O, 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 O 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. The Government will not be required to accept space prior to the schedule outlined in this Lease.
4.11 LEASE TERM COMMENCEMENT DATE AND RENT RECONCILIATION(JUN 2012)
At acceptance,the Space shall be measured in accordance with the standards set forth in this Lease to determine the total ABOA SF in the Space. The
rent for the Space will be adjusted based upon the measured ABOA square footage as outlined under the Payment clause of the General Clauses. At
acceptance,the Lease term shall commence. The Lease Term Commencement Date,final measurement of the Premises,reconciliation of the annual
rent,and amount of Commission Credit, if any,shall be memorialized by Lease Amendment.
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4.12 AS-BUILT DRAWINGS(OCT 2019)
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. As-built drawings shall
include those for Civil,Architectural,Mechanical,Electrical,and Plumbing features,including, but not limited to,those for IT,Communications,Security,
and Fire Protection. 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 in a digital format. 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 LCO.
4.13 (INTENTIONALLY DELETED)
4.14 SEISMIC RETROFIT(SER 204-3)INTENTIONALLY DELETED
4.15 INTENTIONALLY DELETED
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SECTION 5 TENANT IMPROVEMENT COMPONENTS
5.01 TENANT IMPROVEMENT REQUIREMENTS(OCT 2016)
The Tls shall be designed,constructed,and maintained in accordance with the standards set forth in this Lease. For pricing,only those requirements
designated within this Section 5, or designated as Tis within the attached agency requirements and Security Requirements, shall be deemed to be TI
costs.
5.02 INTENTIONALLY DELETED
5.03 FINISH SELECTIONS(SEP 2015)
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 initial submission of DIDs, if applicable. 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.
5.04 WINDOW COVERINGS(JUN 2012)
A. Window Blinds. All exterior and interior windows shall be equipped with window blinds in new or like new condition,which shall be provided as
part of the Tls. The blinds may be aluminum or plastic vertical blinds, horizontal blinds with aluminum slats of one-inch width or less,solar fabric roller
shades, or an equivalent product pre-approved by the Government. The window blinds shall have non-corroding mechanisms and synthetic tapes.
Color selection will be made by the Government.
B. INTENTIONALLY DELETED:
5.05 DOORS: SUITE ENTRY(OCT 2019)
A. Suite entry doors shall be provided as part of the Tls and shall have a minimum clear opening of 32"wide x 84"high(per leaf). Doors shall meet
the requirements of being a flush, solid core, 1-3/4-inch thick, wood door with a natural wood veneer face or an equivalent pre-approved by the
Government. Hollow core wood doors are not acceptable. They shall be operable by a single effort;and shall meet the requirement 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 finish that does not result in indoor air quality levels above 0.016 parts per million (ppm)of
formaldehyde.
B. INTENTIONALLY DELETED
5.06 DOORS: INTERIOR(OCT 2019)
A. 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 LCO. 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 and
which does not result in indoor air quality levels above 0.016 parts per million(ppm)of formaldehyde.
B. INTENTIONALLY DELETED
5.07 DOORS: HARDWARE(SEP 2013)
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.
5.08 DOORS: IDENTIFICATION(JUN 2012)
Door identification shall be installed in approved locations adjacent to office entrances as part of the Tls. The form of door identification shall be approved
by the Government.
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5.09 PARTITIONS: SUBDIVIDING(OCT 2020)
A. Office subdividing partitions shall comply with applicable building codes and local requirements and ordinances and 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. Partitioning shall be installed by the Lessor at locations to be determined by the Government as identified in the DIDs,if applicable. 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.
D. Partitioning requirements may be satisfied with existing partitions if they meet the Government's standards and layout requirements.
E. INTENTIONALLY DELETED
5.10 WALL FINISHES(OCT 2019)
If the Government chooses to install a wall covering,the following specifications shall apply:
A. Commercial grade,weighing not less than 13 ounces per square yard.
B. INTENTIONALLY DELETED
5.11 PAINTING—TI(OCT 2019)
A. Prior to acceptance,all surfaces within the Space which are designated by USDA for painting shall be newly finished in colors and type of paint
acceptable to the Government.
B. INTENTIONALLY DELETED
5.12 FLOOR COVERINGS AND PERIMETERS(OCT 2019)
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. INTENTIONALLY DELETED
2. 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.
3. 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.
4. Texture Appearance Retention Rating(TARR). Carpet must meet TARR rating of at least 3.0 TARR for moderate traffic areas such
as private offices, and heavy traffic areas such as training space, conference rooms, courtrooms, etc., and at least 3.5 TARR for severe traffic areas,
including open office space, cafeteria, corridors and lobbies. 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.
5. 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 LCO.
6. Warranty. Submit a copy of the manufacturer's standard warranty to the LCO within the first 60 days of Government occupancy. The
Government is to be a beneficiary of the terms of this warranty.
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5.13 HEATING AND AIR CONDITIONING(JUN 2012)
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.
5.14 ELECTRICAL: DISTRIBUTION(SEP 2015)
A. All electrical,telephone,and data outlets within the Space shall be installed by the Lessor in accordance with the DIDs,if applicable. 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.
5.15 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT(JUN 2012)
Telecommunications floor or wall outlets shall be provided as part of the Tls. At a minimum,each outlet shall house one 4-pair wire jack for voice and
one 4-pair wire jack for data. The Lessor shall ensure that all outlets and associated wiring,copper, coaxial cable, optical fiber, or other transmission
medium used to transmit telecommunications (voice, data,video, Internet, or other emerging technologies)service to the workstation shall be safely
concealed under raised floors,in floor ducts,walls,columns,or molding. All outlets/junction boxes shall be provided with rings and pull strings to facilitate
the installation of cable. Some transmission medium may require special conduit, inner duct,or shielding as specified by the Government.
5.16 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS(AUG 2008)
Provide sealed conduit to house the agency telecommunications system when required.
5.17 DATA DISTRIBUTION(OCT 2020)
The Lessor shall purchase and install data cable as part of the tenant improvements. The Lessor shall safely conceal data outlets and the associated
wiring used to transmit data to workstations in floor ducts,walls,columns,or below access flooring. When cable consists of multiple runs,the Lessor
shall provide ladder type or other acceptable cable trays to prevent cable coming into contact with suspended ceilings or sprinkler piping. Cable trays
shall form a loop around the perimeter of the Space such that they are within a 30-foot horizontal distance of any single drop. If the Government chooses
to purchase and install data cabling,then the Lessor shall provide,as part of the tenant improvements,outlets with rings and pull strings to facilitate the
installation of the data cable.
5.18 ELECTRICAL,TELEPHONE,DATA FOR SYSTEMS FURNITURE(OCT 2020)
A. The Lessor shall provide as part of the Tis separate data,telephone,and electric junction boxes for the base feed connections to Government
provided modular or systems furniture, when such feeds are supplied via wall outlets or floor penetrations. When overhead feeds are used,junction
boxes shall be installed for electrical connections. Raceways shall be provided throughout the furniture panels to distribute the electrical, telephone,
and data cable. The Lessor shall provide all electrical service wiring and connections to the furniture at designated junction points. Each electrical
junction shall contain an 8-wire feed consisting of 3 general purpose 120-V circuits with 1 neutral and 1 ground wire,and a 120-V isolated ground circuit
with 1 neutral and 1 isolated ground wire. A 20-ampere circuit shall have no more than 8 general purpose receptacles or 4 isolated ground"computer"
receptacles.
B. The Lessor shall purchase and install data and telecommunications cable. Said cable shall be installed and connected to systems furniture by
the Lessor/contractor with the assistance and/or advice of the Government or computer vendor. The Lessor shall provide wall mounted data and
telephone junction boxes. When cable consists of multiple runs, the Lessor shall provide ladder-type or other acceptable cable trays to prevent
Government provided cable coming into contact with suspended ceilings or sprinkler piping. Cable trays shall form a loop around the perimeter of the
Space such that they are within a 30-foot horizontal distance of any single drop. Said cable trays shall provide access to both telecommunications data
closets and telephone closets. If the Government chooses to purchase and install data and telecommunications cabling,then the Lessor shall provide,
as part of the Tls,outlets with rings and pull strings to facilitate the installation of the data cable.
C. The Lessor shall furnish and install suitably sized junction boxes near the"feeding points"of the furniture panels. All"feeding points"shall be
shown on Government approved design intent drawings. The Lessor shall temporarily cap off the wiring in the junction boxes until the furniture is
installed. The Lessor shall make all connections in the power panel and shall keep the circuit breakers off. The Lessor shall identify each circuit with
the breaker number and shall identify the computer hardware to be connected to it. The Lessor shall identify each breaker at the panel and identify the
devices that it serves.
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D. The Lessor's electrical contractor must connect power poles or base feeds in the junction boxes to the furniture electrical system and test all
pre-wired receptacles in the systems furniture. Other Government contractors will be installing the data cable in the furniture panels for the terminal and
printer locations, installing the connectors on the terminal/printer ends of the cable, and continuity testing each cable. Work shall be coordinated and
performed in conjunction with the furniture, telephone, and data cable installers. Much of this work may occur over a weekend on a schedule that
requires flexibility and on-call visits. The Lessor must coordinate the application of Certification of Occupancy with furniture installation.
5.19 LIGHTING: INTERIOR AND PARKING—TI(SEP 2015)
A. FIXTURES: Once the design intent drawings are approved, the Lessor shall design and provide interior lighting to comply with requirements
under the paragraph,"Lighting: Interior and Parking—Shell." Any additional lighting fixtures and/or components required beyond what would have been
provided for an open office plan(shell)are part of the Tls.
B. PENDANT STYLE FIXTURES: If pendant style lighting fixtures are used,the increase between the number of fixtures required in the Building
shell and the Space layout is part of the Tls.
C. MIXED FIXTURES: DIDs,if applicable, may require a mixed use of recessed or pendant style fixtures in the Space.
D. 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.
5.20 AUTOMATIC FIRE SPRINKLER SYSTEM-TI(OCT 2016)
Where sprinklers are required in the Space,sprinkler mains and distribution piping in a"protection"layout(open plan)with heads turned down with an
escutcheon or trim plate shall be provided as part of Shell rent.Any additional sprinkler fixtures and/or components required in the Space beyond what
would have been provided for an open office plan(shell)are part of the Tls.
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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 AM to 6 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 business 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 INTENTIONALLY DELETED
6.05 HEATING AND AIR CONDITIONING(OCT 2020)
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, Lessor shall comply with ANSI/ASHRAE Standard 55, Thermal Environmental Conditions for
Human Occupancy that corresponds with how the Building's HVAC system was designed to perform. At a minimum, Lessor must meet ASHRAE
Standard 55-2004.
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. Up to 100 ABOA SF of the Premises has been designated as an"ADP Room"and shall receive cooling at all times(24 hours per day, 365
days per year)in accordance with the requirements attached to this Lease.
H. INTENTIONALLY DELETED
I. The 24 hour, 365 days a year HVAC service(s)stated above shall be provided by the Lessor as part of the operating rent established under
the Lease.
6.06 OVERTIME HVAC USAGE(OCT 2020)
A. If there is to be a charge for heating or cooling outside of the Building's normal hours,such services shall be provided at the hourly rates set
forth elsewhere in the Lease. Overtime usage services may be ordered by the Government's authorized representative only.
B. When the cost of service is$10,000 or less,the service may be ordered orally. An invoice shall be submitted to the official placing the order
for certification and payment. Orders for services costing more than$10,000 shall be placed using GSA Form 300,Order for Supplies or Services,or
other approved service requisition procurement document. An invoice conforming to the requirements of this Lease shall be submitted to the official
placing the order for certification and payment.
C. Failure to submit a proper invoice within 120 days of providing overtime utilities shall constitute a waiver of the Lessor's right to receive any
payment for such overtime utilities pursuant to this Lease.
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6.07 JANITORIAL SERVICES(JUL 2020)
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 LCD's evaluation of results, not the frequency or method of performance.
A. Daily. Empty trash receptacles. Sweep entrances, lobbies, and corridors. Spot sweep floors, and spot vacuum carpets. 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. Wash inside and out or steam clean cans used for collection of food remnants from snack bars and vending machines.
Dust horizontal surfaces that are readily available and visibly require dusting. Spray buff resilient floors in main corridors,entrances,and lobbies. Clean
elevators and escalators. Remove carpet stains. Police sidewalks, parking areas, and driveways. Sweep loading dock areas and platforms. Clean
glass entry doors to the Space.
B. Three times a week. Sweep or vacuum stairs.
C. Weekly. Damp mop and spray buff all resilient floors in restrooms and health units. Sweep sidewalks,parking areas,and driveways(weather
permitting).
D. Every two weeks. Spray buff resilient floors in secondary corridors,entrance,and lobbies. Damp mop and spray buff hard and resilient floors
in office Space.
E. Monthly. Thoroughly dust furniture. Completely sweep and/or vacuum carpets. Sweep storage Space. Spot clean all wall surfaces within
70 inches of the floor.
F. Every two months. Damp wipe restroom wastepaper receptacles, stall partitions, doors, window sills, and frames. Shampoo entrance and
elevator carpets.
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. 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).
N. Routine Cleaning and Disinfecting Requirements for the Premises.
The Lessor shall wipe down daily all solid, high contact surfaces in Building common areas (defined here as those areas used or accessed by the
Government's employees and visitors),and within the leased Space, using a disinfectant from the EPA-registered list of products identified as effective
against Novel Coronavirus SARS-CoV-2 (HTTPS://WWW.EPA.GOV/PESTICIDE-REGISTRATION/LIST-N-DISINFECTANTS-USE-AGAINST-SARS-
COV-2),or other products containing the same active ingredient(s)at the same or greater concentration than those on the list. Cleaning staff shall use
products in accordance with directions provided by the manufacturer. Cleaning staff shall wear disposable gloves(e.g., latex, nitrile,etc.),facemasks,
and any additional personal protective equipment (PPE) as recommended by the cleaning and disinfectant product manufacturers. Disinfection
application and products should be chosen so as to not damage interior finishes or furnishings.
Examples of solid, high contact surfaces in Building common and high traffic areas include, but are not limited to, handrails, door knobs, key card scan
pads,light switches,countertops,table tops,water faucets and handles,elevator buttons,sinks,toilets and control handles,restroom stall handles,toilet
paper and other paper dispensers, door handles and push plates, water cooler and drinking fountain controls. It does not include agency owned
equipment such as desks, telephones, computers, keyboards, docking stations, computer power supplies, and computer mouse, personal fans and
heaters,desk lighting,etc. Disinfected surfaces should be allowed to air dry.
The Government reserves the right to issue notice to unilaterally cancel this routine cleaning and disinfecting at any time during the Lease term and, in
such a case,the rental rate will be reduced by the amount specified for"Routine Cleaning and Disinfecting Services"under lease clause"Rent and Other
Consideration." This reduction shall occur after the Government gives 30 calendar days notice to the Lessor and shall continue in effect until the Lease
expires or is terminated.
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6.08 INTENTIONALLY DELETED
6.09 INTENTIONALLY DELETED
6.10 SNOW REMOVAL(OCT 2020)
Lessor shall provide snow removal services for the Government on all days for which this Lease has designated normal hours. Lessor shall clear parking
lots if the accumulation of snow exceeds 1.5 inches. Lessor shall clear sidewalks, walkways and other entrances before accumulation exceeds 1.5
inches. The snow removal shall take place no later than 5:00 AM,without exception. Should accumulation continue throughout the day, the Lessor
shall provide such additional snow removal services to prevent accumulation greater than the maximums specified in this paragraph. In addition to snow
removal,the Lessor shall keep walkways,sidewalks and parking lots free of ice during the normal hours. The Lessor shall remove excess buildup of
sand and/or ice melt to minimize slipping hazards. If the Building entrance(s)has a northern exposure,then Lessor shall take additional measures(e.g.,
more frequent snow removal or application of ice-melting agents,warning signs,etc.)to protect the safety of pedestrians.
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(OCT 2016)
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. (INTENTIONALLY DELETED).
2. Lessor shall repaint,at Lessor's expense, the Space when Government determines wall coverings and high performance paint coatings are
no longer in "like new" condition.. 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.
2. T Lessor shall replace all carpet and base coving in the Space when the Government determines they are no longer in"Like New"
condition,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.
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The Lessor is required to respond to all requests for service within 24 hours of the request being made. If the service request is an emergency,the
Lessor is required to provide immediate resolution,or evidence of immediate working toward resolution. Routine,non-emergency service requests shall
be resolved,or evidence of working toward resolution,within 72 hours of the request being made. The Government encourages the Lessor to implement
a service call management system or software. The costs to provide service call responses and any system or software shall be included in the Lessor's
operations and maintenance.
6.15 IDENTITY VERIFICATION OF PERSONNEL(OCT 2020)
A. The Government reserves the right to verify identities of personnel with routine and/or unaccompanied access to the Government's Space,
including both pre and post occupancy periods.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 M-19-17, and Federal
Information Processing Standards Publication (FIPS PUB)Number 201, as amended. These policies require the Government to conduct background
investigations and make HSPD-12 compliant suitability determinations for all persons with routine or unaccompanied access to Government leased
Space.By definition,this includes at a minimum 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.
B. Application Process: The background investigation will be done using the Government's prescribed process. The Lessor must provide
information on each of their contractor/personnel meeting the above criteria to the Government,whereupon each identified contractor/personnel will be
notified with instructions for completing the identity verification application within a given time frame. The application process will include completing
supplemental information forms that must be inputted into the identity verification system in order for the application to be considered complete.
Additionally, the Lessor must ensure prompt completion of the fingerprint process for their contractor/personnel. Email notifications will be sent with
instructions on the steps to be taken to schedule an appointment for fingerprinting at an approved regional location along with instructions on how to
complete the background investigation application.
C. The Lessor must ensure the Lease Contracting Officer(or the Lease Contracting Officer's designated representative)has all of the requested
documentation timely to ensure the completion of the investigation.
D. Based on the information furnished, the Government will conduct background investigations. The Lease Contracting Officer will advise the
Lessor in writing if a person fails the investigation,and,effective immediately,that person will no longer be allowed to work or be assigned to work in the
Government's Space.
E. 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 accordance with the above criteria. In the event the Lessor's contractor or subcontractor is subsequently
replaced,the new contractor or subcontractor is not required to have persons re-apply who were cleared through this process while associated with the
former contractor or subcontractor in accordance with USDA policy.The Lessor shall require each cleared person to re-apply and obtain a new clearance
in accordance with USDA policy.
F. The Lessor is accountable for not allowing contractors to start work without the successful completion of the appropriate background investigation
as required by USDA policy.
G. Access Card Retrieval/Return: Upon an Entry on Duty notification, the Government will issue a Personal Identity Verification (PIV)credential
that is sometimes referred to as a USDA Access card. Lessors are responsible for all PIV credential issued to their contractors/personnel pursuant to
this Lease. Lessors are specifically responsible for ensuring that all USDA PIV access cards are returned to the Lease Contracting Officer or their
designee whenever their employees or a contractor no longer require access to the Space(such as When no longer needed for contract performance,
upon completion of the Contractor employee's employment,and upon contract completion or termination).Additionally,the Lessor must notify the Lease
Contracting Officer or their designee whenever a USDA PIV Access card is lost or stolen in which event the Lessor may be responsible for reimbursing
the Government for replacement credentials at the current cost per PIV HSPD12 credential. Unreturned PIV Access cards will be considered as lost or
stolen cards.
H. 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 to determine who may have access to the Premises.
I. The Lease Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.
J. 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.
6.16 SCHEDULE OF PERIODIC SERVICES(OCT 2020)
Upon acceptance of the Space, the Lessor shall provide the LCO with a detailed written schedule of all periodic services and maintenance to be
performed other than daily,weekly,or monthly.
6.17 INTENTIONALLY DELETED
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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 SAFEGUARDING AND DISSEMINATION OF CONTROLLED UNCLASSIFIED INFORMATION (CUI) BUILDING INFORMATION (FEB
2020)
This clause applies to all recipients of CUI building information (which falls within the CUI Physical Security category), including offerors, bidders,
awardees,contractors,subcontractors,lessors,suppliers and manufacturers.
Marking CUI.Contractors must submit any contractor-generated documents that contain building information to USDA for review and identification
of any CUI building information that may be included. In addition, any documents USDA identifies as containing CUI building information must be
marked in accordance with the Order and the Marking Controlled Unclassified Information Handbook (the current version may be found at
https://www.archives.gov/files/cui/20161206-cui-marking-handbook-v1-1.pdf) before the original or any copies are disseminated to any other
parties. If CUI content is identified, the CO may direct the contractor, as specified elsewhere in this contract, to imprint or affix CUI document
markings(CUI)to the original documents and all copies,before any dissemination,or authorized USDA employees may mark the documents.
1. Authorized recipients.
a. Building information designated as CUI must be protected with access strictly controlled and limited to those individuals having a
Lawful Government Purpose to access such information,as defined in 32 C.F.R.§2002.4(bb).Those with such a Lawful
Government Purpose may include Federal,state and local government entities,and non-governmental entities engaged in the
conduct of business on behalf of or with USDA. Non-governmental entities may include architects,engineers,consultants,
contractors,subcontractors,suppliers,utilities,and others submitting an offer or bid to USDA,or performing work under a USDA
contract or subcontract. Recipient contractors must be registered as"active"in the System for Award Management(SAM)
database at www.sam.gov,and have a Lawful Government Purpose to access such information. If a subcontractor is not
registered in the SAM database and has a Lawful Government Purpose to possess CUI building information in furtherance of the
contract,the subcontractor must provide to the contractor its DUNS number or its tax ID number and a copy of its business
license.The contractor must keep this information related to the subcontractor for the duration of the contract and subcontract.
b. All USDA personnel and contractors must be provided CUI building information when needed for the performance of official
Federal,state,and local government functions,such as for code compliance reviews and the issuance of building permits.Public
safety entities such as fire and utility departments may have a Lawful Government Purpose to access CUI building information on
a case-by-case basis.This clause must not prevent or encumber the necessary dissemination of CUI building information to public
safety entities.
2. Dissemination of CUI building information:
a. By electronic transmission. Electronic transmission of CUI information outside of the USDA network must use session encryption
(or alternatively,file encryption)consistent with National Institute of Standards and Technology(NIST)SP 800-171. Encryption
must be through an approved NIST algorithm with a valid certification,such as Advanced Encryption Standard or Triple Data
Encryption Standard, in accordance with Federal Information Processing Standards Publication 140-2,Security Requirements for
Cryptographic Modules,as required by USDA policy.
b. By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include CDs,
DVDs,and USB drives. Nonelectronic forms of CUI building information include paper documents, photographs,and film,among
other formats.
i. By mail. Contractors must only use methods of shipping that provide services for monitoring receipt such as track and
confirm, proof of delivery,signature confirmation,or return receipt.
ii. In person. Contractors must provide CUI building information only to authorized recipients with a Lawful Government
Purpose to access such information. Further information on authorized recipients is found in section 1 of this clause.
3. Record keeping.Contractors must maintain a list of all entities to which CUI is disseminated, in accordance with sections 2 and 3 of this
clause.This list must include,at a minimum:
1) The name of the state, Federal,or local government entity,utility,or firm to which CUI has been disseminated;
2) The name of the individual at the entity or firm who is responsible for protecting the CUI building information,with access strictly
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controlled and limited to those individuals having a Lawful Government Purpose to access such information;
3) Contact information for the named individual;and
4) A description of the CUI building information provided.
Once"as built"drawings are submitted,the contractor must collect all lists maintained in accordance with this clause,including those
maintained by any subcontractors and suppliers,and submit them to the CO.For Federal buildings,final payment may be withheld until the
lists are received.
4. Safeguarding CUI documents.CUI building information(both electronic and paper formats)must be stored within controlled environments
that prevent unauthorized access.USDA contractors and subcontractors must not take CUI building information outside of GSA or their own
facilities or network,except as necessary for the performance of that contract.Access to the information must be limited to those with a
Lawful Government Purpose for access.
5. Destroying CUI building information.When no longer needed,CUI building information must either be returned to the CO or destroyed in
accordance with guidelines in NIST Special Publication 800-88,Guidelines for Media Sanitization.
6. Notice of disposal.The contractor must notify the CO that all CUI building information has been returned or destroyed by the contractor and
its subcontractors or suppliers in accordance with paragraphs 4 and 5 of this clause,with the exception of the contractor's record copy.This
notice must be submitted to the CO at the completion of the contract to receive final payment.For leases,this notice must be submitted to
the CO at the completion of the lease term.
7. CUI security incidents.All improper disclosures or receipt of CUI building information must be immediately reported to the CO and the GSA
Incident Response Team Center at qsa-ir c(D.gsa.gov. If the contract provides for progress payments,the CO may withhold approval of
progress payments until the contractor provides a corrective action plan explaining how the contractor will prevent future improper
disclosures of CUI building information.Progress payments may also be withheld for failure to comply with any provision in this clause until
the contractor provides a corrective action plan explaining how the contractor will rectify any noncompliance and comply with the clause in
the future.
8. Subcontracts.The contractor and subcontractors must insert the substance of this clause in all subcontracts.
6.22 INDOOR AIR QUALITY(OCT 2019)
A. The Lessor shall control airborne contaminants at the source and/or operate the Space in such a manner that indoor air quality action limits
identified in the PBS Desk Guide for Indoor Air Quality Management(Companion to GSA Order PBS 1000.8), OSHA regulatory limits, and generally
accepted consensus standards are not exceeded. .
B. The Lessor shall avoid the use of products containing toxic,hazardous,carcinogenic,flammable,or corrosive ingredients as determined from
the product label or manufacturer's safety data sheet. The Lessor shall use available odor-free or low odor products when applying paints, glues,
lubricants, and similar wet products.When such equivalent products are not available, lessor shall use the alternate products outside normal working
hours. Except in an emergency,the Lessor shall provide at least 72 hours advance notice to the Government before applying chemicals or products
with noticeable odors in occupied Spaces and shall adequately ventilate those Spaces during and after application.
C. The Lessor shall serve as first responder to any occupant complaints about indoor air quality(IAQ). The Lessor shall promptly investigate
such complaints and implement the necessary controls to address each complaint. Investigations shall include testing as needed, to ascertain the
source and severity of 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 LCO. The Lessor shall take corrective action to correct any tests or
measurements that do not meet GSA policy action limits in the PBS Desk Guide for Indoor Air Quality Management(Companion to GSA Order
PBS 1000.8),OSHA regulatory limits,and generally accepted consensus standards.
E. The Lessor shall provide to the Government safety data sheets(SDS)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 the Space,common building areas,ventilation systems and zones serving the Space, and the
area above suspended ceilings and engineering space in the same ventilation zone as the Space.
F. The Lessor shall use high efficiency(NEPA)filtration vacuums for cleaning and minimum MERV 10 rated ventilation system filtration whenever
feasible.
G. The Lessor is encouraged to comply with best practices outlined in Appendix D-Indoor Air Quality in GSA Leased Facilities(Best Practices)
within the PBS Desk Guide for Indoor Air Quality Management(Companion to GSA Order PBS 1000.8).
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6.23 RADON IN AIR(OCT 2016)
If Space planned for occupancy by the Government is on the second floor above grade or lower,the Lessor shall, prior to occupancy,test the leased
Space for 2 days to 3 days using charcoal canisters. The Lessor is responsible to provide Space in which radon levels in air are below the GSA action
levels of 4 picoCuries per liter(pCi/L).. After the initial testing,a follow-up test for a minimum of 90 days using alpha track detectors shall be completed.
For further information on radon,go to:HTTPS://WWW.EPA.GOV/RADON .
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 LCO 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.
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(OCT 2020)
A. Actionable mold is either visible mold or airborne mold of types and concentrations in excess of that found in the local outdoor air or non-
problematic control areas elsewhere in the same building,whichever is lower. The Lessor shall safely remediate all actionable mold in accordance with
sub-paragraph C below.
B. The Lessor shall provide Space to the Government that is free from ongoing water leaks or moisture infiltration.The Space and ventilation
zones serving the Space shall also be free of actionable mold.
C. Within 72 hours following a flood, plumbing leak or heavy rain whereby the Government Space or air zones serving the Space may have
become moisture damaged,the Lessor shall repair any leakage sources and remediate the moisture damage.Whenever moisture damage or infiltration
persists such that:mold is visible, mold odors are present,or occupants register complaints about mold,the Lessor shall employ an industrial hygienist
or environmental consultant experienced in mold assessment to inspect and evaluate the Space and air zones serving the Space for visible and/or
actionable mold presence;inspection shall take place no later than 15 calendar days following identification of a potential mold issue as described above.
The Lessor shall promptly furnish these inspection results to the Government.After all leaks have been identified and corrected,the Lessor shall safely
remediate all visible moldy and/or water damaged materials identified by the consultant using a qualified remediation contractor following the methods
identified in"Mold Remediation in Schools and Commercial Buildings"(EPA 402-K-01-001,September 2008)and all applicable state laws pertaining to
mold remediation practices. Remediation shall also remove actionable mold levels. Remediation shall be completed within a time frame acceptable to
the Lease Contracting Officer which shall be no later than 90 calendar days following confirmation of the presence of actionable mold.
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.
6.27 OCCUPANT EMERGENCY PLANS(OCT 2020)
The Lessor is required to cooperate, participate and comply with the development and implementation of the Government's Occupant Emergency Plan
(OEP)and 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,will include evacuation procedures and an annual emergency evacuation drill,emergency shutdown of air
intake procedures,and emergency notification procedures for the Lessor's Building engineer or manager,Building security,local emergency personnel,
and Government agency personnel.
6.28 FLAG DISPLAY(OCT 2016)
If the Lessor has supplied a flagpole on the Property as a requirement of this Lease,the Lessor shall be responsible for flag display on all workdays and
Federal holidays. The Lessor may illuminate the flag, in lieu of raising and lowering the flag daily.The Lessor shall register with the Federal Protective
Service(FPS)MegaCenter in order to receive notifications regarding when flags shall be flown at half-staff,as determined by Executive Order.
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SECTION 7 ADDITIONAL TERMS AND CONDITIONS
7.01 SECURITY REQUIREMENTS(OCT 2016)
The Lessor agrees to the requirements of Federal Security Level X attached to this Lease.
7.02 AGENCY SPECIFIC REQUIREMENTS
The Lessor agrees to provide the Agency Specific Requirements attached to this Lease.
7.03 HOLDOVER
In the event of a holdover past the term of the lease,the tenancy shall continue on a month-to-month basis at the same rental rate in effect at the time
of the lease's expiration, and all terms and conditions of the lease shall continue in full force and effect. Any claims by the Lessor resulting from the
holdover shall be handled through the process established in the Contract Disputes Act of 198(51 USC 611),and the tenancy shall continue throughout
the resolution of the dispute.
7.04 MODIFIED LEASE PARAGRAPHS(OCT 2020)
The following paragraphs in this Lease substantively differ from the template language found in the GSA Form L100(10/19). Offerors should review
this information carefully to ensure they understand the USDA requirement. Administrative or non-substantive changes to the GSA Form,and deleted
sections,are not addressed in the list below.
1.02 EXPRESS APPURTENANT RIGHTS(SEP 2013)
1.03 RENT AND OTHER CONSIDERATION(OCT 2020)
1.05 TERMINATION RIGHTS(OCT 2016)
1.07 DOCUMENTS INCORPORATED in the lease(OCT 2020)
1.18 BUILDING IMPROVEMENTS(MAR 2016)
2.06 CHANGE OF OWNERSHIP/NOVATION(OCT 2020)
2.09 OPERATING COSTS ADJUSTMENT(JUN 2012)
2.10 ADDITIONAL POST-AWARD FINANCIAL AND TECHNICAL DELIVERABLES(JUN 2012)
3.03 EXISTING FIT-OUT,SALVAGED,OR REUSED BUILDING MATERIAL(OCT 2019)
3.20 CEILINGS(OCT 2019)
3.24 PARTITIONS: GENERAL(OCT 2019)
3.25 PARTITIONS: PERMANENT(OCT 2019)
3.30 FLOOR COVERING AND PERIMETERS-SHELL(SEP 2013)
3.36 DRINKING FOUNTAINS(OCT 2018)
3.37 RESTROOMS(OCT 2020)
3.43 LIGHTING: INTERIOR AND PARKING-SHELL(Oct 2020)
4.01 SCHEDULE FOR COMPLETION OF SPACE(OCT 2020)
5.04 WINDOW COVERINGS(JUN 2012)
5.12 FLOOR COVERINGS AND PERIMETERS(OCT 2019)
6.01 PROVISION OF SERVICES,ACCESS,AND normal HOURS(JUN 2012)
6.05 HEATING AND AIR CONDITIONING(OCT 2020)
6.07 JANITORIAL SERVICES(JUL 2020)
6.10 SNOW REMOVAL(OCT 2020)
6.12 MAINTENANCE OF PROVIDED FINISHES(OCT 2016)
6.14 ONSITE LESSOR MANAGEMENT(APR 2011)
6.23 RADON IN AIR(OCT 2016)
7.04 AGENCY SPECIFIC REQUIREMENTS
7.05 HOLDOVER
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EXHIBIT'A'
FIF,"1 -121
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-IAGEE I
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KEY TOTAL BUILDING SQUARE FOOTAGE: 17,247 GSF
GRAPHIC SCALE USDA FARM SERVICE AGENCY
= PRINTER AREA: 20 GSF
0' 4'-0"8'-0" 16',0" 32'-0"
USDA NATURAL RESOURCE
USDA FARM SERVICE AGENCY CONSERVATION SERVICE: 260 GSF
SUITE: 2,356 GSF
COMMON SPACES: 5,665 GSF
Al— Ol V
FLOOR 7
, N-USDA OFFICE AREAS 1l8
45
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 17 552.270-33 SYSTEM FOR AWARD MANAGEMENT- LEASING
18 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE
19 552.270-31 PROMPT PAYMENT
20 52.232-23 ASSIGNMENT OF CLAIMS
21 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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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 EQUAL OPPORTUNITY FOR WORKERS WITH
DISABILITIES
40 52.222-37 EMPLOYMENT REPORTS ON 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
OTHER 47 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT
48 52.204-19 INCORPORATION BY REFERENCE OF
REPRESENTATIONS AND CERTIFICATIONS
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.
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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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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.
(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.
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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.
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
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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 (JUN 2016)
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.
Nothing in this lease shall be construed as relieving Lessor from liability for damage to, or destruction of, property of the
United States of America caused by the willful or negligent act or omission of Lessor.
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 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
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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. 552.270-33 SYSTEM FOR AWARD MANAGEMENT– LEASING (FEB 2020)
(a) Definitions. As used in this provision—
"Electronic Funds Transfer(EFT) indicator means a four-character suffix to the unique entity identifier. The suffix
is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for
Award Management records for identifying alternative EFT accounts (see subpart 32.11)for the same entity.
"Registered in the System for Award Management(SAM)" means that–
(1)The Offeror has entered all mandatory information, including the unique entity identifier and the EFT
indicator, if applicable, the Commercial 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 SAM
(2)The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of
Contact sections of the registration in SAM;
(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".
"Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit, or
Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b)
(1)An Offeror is required to be registered in SAM prior to award, and shall continue to be registered
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 "Unique Entity Identifier"followed by the unique entity identifier that identifies the Offeror's name and
address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique
entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov
for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide
the following information:
(1) Company legal business name.
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(2)Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company physical street address, city, state, and Zip Code.t
(4) Company mailing address, city, state and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting relationship within your entity).
(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 should be taken into consideration when registering. Offerors who are not registered in SAM
should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov
for information on registration.
18. 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
This clause is incorporated by reference.
19. 552.270-31 PROMPT PAYMENT (JUN 2011)
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.
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(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.
(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.
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(2) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
20. 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
(Applicable to leases over the micro-purchase threshold.)
(a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 6305 (hereafter
referred to as "the Act"), may assign its rights to be paid amounts due or to become due as a result of the performance
of this contract to a bank, trust company, or other financing institution, including any Federal lending agency. The
assignee under such an assignment may thereafter further assign or reassign its right under the original assignment to
any type of financing institution described in the preceding sentence.
(b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts
payable under this contract, and shall not be made to more than one party, except that an assignment or reassignment
may be made to one party as agent or trustee for two or more parties participating in the financing of this contract.
(c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document
(including this contract)or information related to work under this contract until the Contracting Officer authorizes such
action in writing.
21. 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:
(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 (OCT
2018)
This clause is incorporated by reference.
23. 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT(JUN 2020)
(Applicable to leases over $5.5 million total contract value and performance period is 120 days
or more.)
This clause is incorporated by reference.
24. 552.270-32 COVENANT AGAINST CONTINGENT FEES (JUN 2011)
(Applicable to leases over the Simplified Lease Acquisition Threshold.)
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(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.
(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 (JUN 2020)
(Applicable to leases over the Simplified Lease Acquisition Threshold.)
This clause is incorporated by reference.
26. 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
(Applicable to leases over the Simplified Lease Acquisition Threshold, as well as to leases of any
value awarded to an individual.)
This clause is incorporated by reference.
27. 52.203-14 DISPLAY OF HOTLINE POSTER(S) (JUN 2020)
(Applicable to leases over $5.5 Million total contract value 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)—
(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:
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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 the threshold specified in Federal Acquisition Regulation 3.1004(b)(1)on the date of
subcontract award, 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 the Simplified Lease Acquisition Threshold.)
(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 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.
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(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$750,000.)
This clause is incorporated by reference.
30. 552.270-13 PROPOSALS FOR ADJUSTMENT(OCT 2016)
This clause is incorporated by reference.
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 (JUL 2016)
This clause is incorporated by reference.
33. 52.215-2 AUDIT AND RECORDS—NEGOTIATION (JUN 2020)
(Applicable to leases over the Simplified Lease Acquisition Threshold.)
This clause is incorporated by reference.
34. 52.233-1 DISPUTES (MAY 2014)
This clause is incorporated by reference.
35. 52.222-26 EQUAL OPPORTUNITY(SEP 2016)
This clause is incorporated by reference.
36. 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
This clause is incorporated by reference.
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37. 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 2020)
(Applicable to leases exceeding the micro-purchase threshold.)
This clause is incorporated by reference.
38. 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)
(Applicable to leases $150,000 or more, total contract value.)
(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 Federal
Acquisition Regulation (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 valued at or above the
threshold specified in FAR 22.1303(a) on the date of subcontract award, 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 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 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)
(Applicable to leases over$15,000 total contract value.)
(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 the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a)on the date of subcontract award,
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 ON VETERANS (JUN 2020)
(Applicable to leases $150,000 or more, total contract value.)
This clause is incorporated by reference.
41. 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS
DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT(JUN 2020) (Applicable to
leases over$35,000 total contract value.)
This clause is incorporated by reference.
42. 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA(JUN 2020)
(Applicable if over$750,000 total contract value.)
This clause is incorporated by reference.
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43. 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)
(Applicable to leases over the Simplified Lease Acquisition Threshold.)
This clause is incorporated by reference.
44. 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JUN 2020)ALTERNATE III (JUN 2020)
(Applicable to leases over$750,000 total contract value.)
This clause is incorporated by reference.
45. 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (JAN 1999)
(Applicable to leases over$750,000 total contract value.)
This clause is incorporated by reference.
46. 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020)
(Applicable if over$30,000 total contract value.)
This clause is incorporated by reference.
47. 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)
(a) Definitions. As used in this clause—
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at
the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless
(e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means–
(1)Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any
subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical
infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by
Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities);
(3)Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4)Telecommunications or video surveillance equipment or services produced or provided by an entity that the
Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of
a covered foreign country.
Critical technology means–
(1) Defense articles or defense services included on the United States Munitions List set forth in the International
Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export
Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological
weapons proliferation, nuclear nonproliferation, or missile technology; or
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(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and
technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy
activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations
(relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such
Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act
of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to
allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of
telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the
identity of the producer or provider of covered telecommunications equipment or services used by the entity that
excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when
unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is
too high.
Substantial or essential component means any component necessary for the proper function or performance of a
piece of equipment, system, or service.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or
obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system. The Contractor is prohibited from providing to the Government any equipment,
system, or service that uses covered telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause
applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or
extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system, unless an exception at paragraph (c)of this clause applies or the covered
telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to
the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work
under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing—
(1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection
arrangements; or
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(2)Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user
data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or
services used as a substantial or essential component of any system, or as critical technology as part of any system,
during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source,
the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere
in this contract are established procedures for reporting the information; in the case of the Department of Defense, the
Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall
report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s)for any affected order
or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the
report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause
(i) Within one business day from the date of such identification or notification: the contract number; the order
number(s), if applicable; supplier name; supplier unique entity identifier(if known); supplier Commercial and
Government Entity (CAGE) code (if known); brand; model number(original equipment manufacturer number,
manufacturer part number, or wholesaler number); item description; and any readily available information about
mitigation actions undertaken or recommended.
(ii)Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further
available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the
efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any
additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment
or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding
paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of
commercial items.
48. 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC
2014).
This clause is incorporated by reference.
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LEASE EXHIBIT D
Agency Specific Requirements
Solicitation Number: 57-37135-21 -FA
Orange County, Hillsborough, NC
The Agency Specific Requirements (ASRs) do not reduce the minimum requirements contained within
the Lease. These ASRs provides specific agency requirements, which may be complementary, more
specific, or more stringent than those of the Lease minimum requirements. To the extent the contents
of these ASRs conflicts with the contents of the Lease, the more stringent requirement shall apply.
SECTION 1 ROOM SCHEDULE AND DETAILS
1.01 ROOM SCHEDULE
The following spaces in these sizes shall be provided by the Lessor.
TotalSummary of Space FSA NRCS ...
Requirements SF
INDIVIDUAL SPACE
Private Offices (120 SF each) 360 240 600
600
SHARED SPACE
Conference Room 300
Break Room 150
Reception 150
Consultation Room 80
ADP Room 100
Shared secured storage 300
Mail/general storage 150
Open space (Includes open
workstations, circulation, open 836
resource space)
2,066
RLP Usable SF 2,666
Site AGPMR UR 147
Site All-in SF/person 333
SOLICITATION NO.57-37135-21-FA
AGENCY SPECIFIC REQUIREMENTS
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63
1.02 SPACE DETAILS
A. TENANT IMPROVEMENTS: Please refer to the Lease for the construction standards applicable to the interior
tenant area build-out. These standards provide a general outline of the interior build-out requirements. For a
complete list of requirements, refer to the Lease document. Cost associated with these improvements are
considered Tenant Improvements.
• Lessor to install and maintain new Carpet and Paint in all USDA leased premises, including the cost of moving
and returning of furnishings.
• Lessor to install and maintain all Telecommunication Requirements (development of ADP Room, CAT wiring,
etc.) as outline in Lease Exhibit G.
• If the US Postal Service will not deliver and pick up mail from each USDA agency inside the Premises, then the
Lessor is required to provide and maintain separate mailboxes for each USDA agency in the Premises. The
mailboxes must be lockable and acceptable to both USDA and USPS. The incoming mailboxes must be of
sufficient size to accept a single package of 9"wide x 11 '/2"deep x 12"high, or a separate common oversized
mailbox of that minimum size must be provided. A separate outgoing mailbox capable of holding outgoing
parcel of a minimum of 9"wide x 11 '/2" deep x 12" high must also be provided by Lessor. Must be approved
by LCO or designated representative.
• Lessor to install and maintain through-the-wall locking depository drop box. Drop box should be secure and
provide the ability for receipt of documents from exterior of building without entering interior areas of the
building. Must be approved by LCO or designated representative.
• Lessor to provide and maintain signage as outlined in USDA Facility Signage Guide as furnished by the
Government.
o The monument sign must be such that the sign is visible from both directions of traffic.
o Sign locations and design must be approved by LCO or designated representative.
• Lessor to provide an interior window overlooking agency open office space (either in door or wall)for all private
offices. Windows shall include blinds.
• Lessor to provide and maintain, as part of operations and maintenance of the premise, a breakroom refrigerator
with freezer (at least 18 cu ft in size) and countertop microwave oven. The Lessor shall retain ownership of
the above items at Lease termination.
• Lessor to provide and maintain a secured reception area. The reception area shall contain a clear separation
between the "public" area and the area accessible by only Government employees so that members of the
public cannot easily access the Government area. This may be accomplished by lessor-provided and installed
millwork, by construction of a counter that spans the width of the reception area, or installation of a walk-up
window in a wall of the reception area. Please see additional details in the Physical Security requirements
attached to this Lease.
• Lessor to provide and maintain keyless locking systems/mechanisms (i.e. cipher locks) for all exterior doors
when USDA is the sole occupant and for USDA suite entry doors when there are other tenants in the building.
Cipher lock system should provide for coded access to USDA space and have the following features:
o Provide keyless entry to authorized personnel only.
o Ability for local staff to change codes as needed.
o If installed on main entry door, ability for local staff to turn off the need for a code during normal work
hours.
o Ability for local staff to lock door from exterior without having to use a physical key.
o Provide emergency locking mechanism on interior of door in case of security emergency.
o Lessor will provide all maintenance and battery replacement.
o A copy of the cipher lock instruction manual provided to local staff.
o Lessor retains ownership of system after lease termination.
• Lessor to Install and maintain fire extinguishers, smoke detectors, carbon monoxide detectors, and
automated external defibrillator(AED).
• Lessor to provide conference room audio/visual connections (wiring) for and installation of a wall mounted TV,
which is provided by USDA. TV remains the property of USDA.
B. SHELL IMPROVEMENTS: Please refer to the Lease for the construction standards applicable to the interior
tenant area build-out. These standards provide a general outline of the interior build-out requirements. For a
complete list of requirements, refer to the Lease document. Cost associated with these improvements are to
be considered as part of the Shell Rent.
SOLICITATION NO.57-37135-21-FA
AGENCY SPECIFIC REQUIREMENTS
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64
SECTION 2 CONCEPTUAL DESIGN
2.01 CONCEPTUAL DESIGN
The conceptual design below is a rough representation of the layout needed for this Space. It depicts USDA's preferred
adjacencies and general locations for different space functions. The NRCS space will include approximately 20' sqft for
their printer, in addition to Office 1 & 2 as depicted in purple. The conceptual design may not align with the ABOA SF
and RSF described in Section 1 above and should not be relied upon by the Lessor for space measurement purposes.
The Lessor is responsible for using the room schedule in section 1.01 of these ASRs and this layout to adapt the
Government's requirements to the Space. Specific questions regarding the layout should be directed to the Lease
Contracting Officer for resolution. The Government shall not be responsible for errors, omissions, or assumptions made
by the Lessor in the adaption of the Government's requirements or conceptual design to the Lessor's Space.
B IRECTOR'S
OFFICES OFFICES OFFICE4 OFFICES OFFICE OFFICE OFFICE
CORR.
OFFICE 1
OFFICE':
STORAGES ,n
0
PRINT.P:OT MEETING ROOM
1 i i OFFICE 1 s
__i_—� � OFFICES
EAC BOARD 1 i i J STiJR�SGE MEETINGRGIOM OFFICE± =
ROG111 OFFICE 4
CORK. 5114'
5 1:4,•
OFFICES SEC JREFILES MAPS'EOJIPMENT
RFC OFF ICE 3
0
b6U4 w NEST.
CORRIDOR
EIEC.
AMILY
iTRC+Ohi If CLOSET
CUST. (COUNTY) FARM SERVICE
MEETING 110
n AGENCY
eIT CLOSET
,. MOTHERS (FEDERAL) o
LOUNGE
V
L_
SPR14KI DIRECTOR'S 6 " DIRECTORS T
P-L4dE.RIS=R OFFICE( C+FFICE2 C2OFFICE4
[v k OFFICE
5 1i4' 18' 6' 13'-C.' 12' C' L 12'-6.. 12'-S"
KEY S V4" S 114" jqkE,1;4" 5114' 11
USDA NATURAL RESOURCE CONSERVATION SERVICE:
260 GSF
USDA FARM SERI++ICE AGENCY SUITE:
2,356 GSF
SOLICITATION NO.57-37135-21-FA
AGENCY SPECIFIC REQUIREMENTS
PAGE 3 LESSOR: GOVERNMENT: FPAC V11.13.2020
65
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 17 552.270-33 SYSTEM FOR AWARD MANAGEMENT- LEASING
18 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE
19 552.270-31 PROMPT PAYMENT
20 52.232-23 ASSIGNMENT OF CLAIMS
21 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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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 EQUAL OPPORTUNITY FOR WORKERS WITH
DISABILITIES
40 52.222-37 EMPLOYMENT REPORTS ON 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
OTHER 47 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT
48 52.204-19 INCORPORATION BY REFERENCE OF
REPRESENTATIONS AND CERTIFICATIONS
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.
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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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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.
(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.
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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.
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
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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 (JUN 2016)
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.
Nothing in this lease shall be construed as relieving Lessor from liability for damage to, or destruction of, property of the
United States of America caused by the willful or negligent act or omission of Lessor.
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 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
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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. 552.270-33 SYSTEM FOR AWARD MANAGEMENT– LEASING (FEB 2020)
(a) Definitions. As used in this provision—
"Electronic Funds Transfer(EFT) indicator means a four-character suffix to the unique entity identifier. The suffix
is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for
Award Management records for identifying alternative EFT accounts (see subpart 32.11)for the same entity.
"Registered in the System for Award Management(SAM)" means that–
(1)The Offeror has entered all mandatory information, including the unique entity identifier and the EFT
indicator, if applicable, the Commercial 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 SAM
(2)The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of
Contact sections of the registration in SAM;
(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".
"Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit, or
Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b)
(1)An Offeror is required to be registered in SAM prior to award, and shall continue to be registered
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 "Unique Entity Identifier"followed by the unique entity identifier that identifies the Offeror's name and
address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique
entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov
for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide
the following information:
(1) Company legal business name.
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(2)Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company physical street address, city, state, and Zip Code.t
(4) Company mailing address, city, state and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting relationship within your entity).
(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 should be taken into consideration when registering. Offerors who are not registered in SAM
should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov
for information on registration.
18. 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
This clause is incorporated by reference.
19. 552.270-31 PROMPT PAYMENT (JUN 2011)
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.
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(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.
(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.
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(2) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
20. 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
(Applicable to leases over the micro-purchase threshold.)
(a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 6305 (hereafter
referred to as "the Act"), may assign its rights to be paid amounts due or to become due as a result of the performance
of this contract to a bank, trust company, or other financing institution, including any Federal lending agency. The
assignee under such an assignment may thereafter further assign or reassign its right under the original assignment to
any type of financing institution described in the preceding sentence.
(b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts
payable under this contract, and shall not be made to more than one party, except that an assignment or reassignment
may be made to one party as agent or trustee for two or more parties participating in the financing of this contract.
(c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document
(including this contract)or information related to work under this contract until the Contracting Officer authorizes such
action in writing.
21. 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:
(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 (OCT
2018)
This clause is incorporated by reference.
23. 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT(JUN 2020)
(Applicable to leases over $5.5 million total contract value and performance period is 120 days
or more.)
This clause is incorporated by reference.
24. 552.270-32 COVENANT AGAINST CONTINGENT FEES (JUN 2011)
(Applicable to leases over the Simplified Lease Acquisition Threshold.)
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(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.
(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 (JUN 2020)
(Applicable to leases over the Simplified Lease Acquisition Threshold.)
This clause is incorporated by reference.
26. 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
(Applicable to leases over the Simplified Lease Acquisition Threshold, as well as to leases of any
value awarded to an individual.)
This clause is incorporated by reference.
27. 52.203-14 DISPLAY OF HOTLINE POSTER(S) (JUN 2020)
(Applicable to leases over $5.5 Million total contract value 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)—
(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:
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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 the threshold specified in Federal Acquisition Regulation 3.1004(b)(1)on the date of
subcontract award, 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 the Simplified Lease Acquisition Threshold.)
(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 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.
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(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$750,000.)
This clause is incorporated by reference.
30. 552.270-13 PROPOSALS FOR ADJUSTMENT(OCT 2016)
This clause is incorporated by reference.
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 (JUL 2016)
This clause is incorporated by reference.
33. 52.215-2 AUDIT AND RECORDS—NEGOTIATION (JUN 2020)
(Applicable to leases over the Simplified Lease Acquisition Threshold.)
This clause is incorporated by reference.
34. 52.233-1 DISPUTES (MAY 2014)
This clause is incorporated by reference.
35. 52.222-26 EQUAL OPPORTUNITY(SEP 2016)
This clause is incorporated by reference.
36. 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
This clause is incorporated by reference.
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37. 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 2020)
(Applicable to leases exceeding the micro-purchase threshold.)
This clause is incorporated by reference.
38. 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)
(Applicable to leases $150,000 or more, total contract value.)
(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 Federal
Acquisition Regulation (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 valued at or above the
threshold specified in FAR 22.1303(a) on the date of subcontract award, 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 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 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)
(Applicable to leases over$15,000 total contract value.)
(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 the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a)on the date of subcontract award,
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 ON VETERANS (JUN 2020)
(Applicable to leases $150,000 or more, total contract value.)
This clause is incorporated by reference.
41. 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS
DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT(JUN 2020) (Applicable to
leases over$35,000 total contract value.)
This clause is incorporated by reference.
42. 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA(JUN 2020)
(Applicable if over$750,000 total contract value.)
This clause is incorporated by reference.
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43. 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)
(Applicable to leases over the Simplified Lease Acquisition Threshold.)
This clause is incorporated by reference.
44. 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JUN 2020)ALTERNATE III (JUN 2020)
(Applicable to leases over$750,000 total contract value.)
This clause is incorporated by reference.
45. 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (JAN 1999)
(Applicable to leases over$750,000 total contract value.)
This clause is incorporated by reference.
46. 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020)
(Applicable if over$30,000 total contract value.)
This clause is incorporated by reference.
47. 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)
(a) Definitions. As used in this clause—
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at
the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless
(e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means–
(1)Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any
subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical
infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by
Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities);
(3)Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4)Telecommunications or video surveillance equipment or services produced or provided by an entity that the
Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of
a covered foreign country.
Critical technology means–
(1) Defense articles or defense services included on the United States Munitions List set forth in the International
Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export
Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological
weapons proliferation, nuclear nonproliferation, or missile technology; or
LESSOR: GOVERNMENT: GSA FORM 35178
REV(10/20)
Page 15
80
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and
technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy
activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations
(relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such
Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act
of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to
allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of
telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the
identity of the producer or provider of covered telecommunications equipment or services used by the entity that
excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when
unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is
too high.
Substantial or essential component means any component necessary for the proper function or performance of a
piece of equipment, system, or service.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or
obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system. The Contractor is prohibited from providing to the Government any equipment,
system, or service that uses covered telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause
applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or
extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system, unless an exception at paragraph (c)of this clause applies or the covered
telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to
the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work
under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing—
(1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection
arrangements; or
LESSOR: GOVERNMENT: GSA FORM 35176
REV(10120)
Page 16
81
(2)Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user
data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or
services used as a substantial or essential component of any system, or as critical technology as part of any system,
during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source,
the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere
in this contract are established procedures for reporting the information; in the case of the Department of Defense, the
Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall
report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s)for any affected order
or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the
report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause
(i) Within one business day from the date of such identification or notification: the contract number; the order
number(s), if applicable; supplier name; supplier unique entity identifier(if known); supplier Commercial and
Government Entity (CAGE) code (if known); brand; model number(original equipment manufacturer number,
manufacturer part number, or wholesaler number); item description; and any readily available information about
mitigation actions undertaken or recommended.
(ii)Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further
available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the
efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any
additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment
or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding
paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of
commercial items.
48. 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC
2014).
This clause is incorporated by reference.
LESSOR: GOVERNMENT: GSA FORM 35178
REV(10120)
Page 17
4/16/2021
82
TENANT IMPROVEMENTS COST SUMMARY(TICS)
ADDRESS: DATE SUBMITTED: 2,636
ABOASF= 2,636
LESSOR: Orange County RENTABLESF= 3,502
Masterformat System Elements TI* SHELL**
CSI
Div 1 General Requirements $ $140572
Div 2 Site work&Demolition $ $456860
Div3 Concrete $ $52714
Div 4 Foundations/Mason $ $52714
Div5 Metals $ $52714
Div 6 Woods&Plastics $ $5
Div 7 Thermal&Moisture $ $17571
Div 8 Doors&Windows $ $52714
Div9 Finishes $ $52714
Div 10 Specialties $ $17571
Div 11 Equipment $ $5.00
Div 12 Furnishings $ $17571.55
Div 13 Special Construction $ $5.00
Div 15 General Construction $ $67657.77
Div 21 Fire Suppression $ $87857.77
Div 22 Plumbing $ $67657.77
Div 23 HVAC $ $87857.77
Div 26.1 Electrical $ $87857.77
Div 26.2 Lighting $ $52714.66
Div 27 Communications,Security&Other Elec.Systems $ $35143.11
Div 28.1 Electrical safety&Security $ $17571.55
Div 28.2 Security $ $
Div 32 Exterior $ $17571.55
Subtotal Trade Costs $ $
General Contractor Fee Percent $ $
Subtotal Construction Costs $ $17571553
Architectural&Engineering Fees(NIC DID costs) lump sum $ $175715
Other Lessor Costs Established Under the Lease $ $
Subtotal Lessor's Costs: $ $
Lessor's Project Management Fee Percent $
Total Price to Government: $
1757155.33
Notes:
Include all subcontractors'costs.
"Shell and core work items within tenant space will include those items for a warm lit shell. Please refer to the SHELL DEFINITIONS
tab,and the lease for further information.
Page 1 OF 4
INITIALS:LESSOR: &GOV'T:
83
Shell vs . Tenant Improvement
Worksheet
Note: This tool shall serve as helpful guidance when checking construction bids.
For further guidance,check the Pricing Desk Guide: Fourth Edition, Sections 2.4 and 2.5
Item Include in Include in
Number Bid Item Shell Rate TI Allowance
1 Accessibility Requirements (ABAAS) X
Base Building — Complete base structure and building X
2 enclosure
3 Ceiling -Above standard X
4 Ceiling—Acoustical w/grid and lay in tiles X
Corridors - Circulation on multi-tenanted floors, fire egress on X
5 singe-tenanted floors
6 Data --Conduit drops with pull string, cable trays X
7 Demolition X
Doors - Additional exterior requested by government (unless X
8 required for fire/life safety)
9 Doors- Sidelights and frames X
Doors - Standard exterior, doors to lobbies, common areas, X
10 and core areas, including hardware and signage
Doors - Suite entry or interior doors within tenant area, X
11 including hardware and signage
12 Drawings-As-built floor plans X
13 Drawings- Construction Documents X
14 Drawings- Design Intent Drawings X
15 Drinking Fountains per RLP/Lease Standards X
16 Electrical —Furniture whip hook up X
Electrical - Main distribution for standard occupancy, X
17 Iswitchboards, and panel boards (circuit breaker)
18 Electrical—Supplemental power X
Electrical —Wiring and horizontal conduit including cable trays
and hooks within the tenant agency's demised premises and X
19 to building core
Electrical Outlets - All electrical, telephone, and data within X
20 government-demised area
Electrical Outlets - Convenience and duplex utility in toilet X
21 rooms, corridors, and dispensing areas
22 Elevators- Private, within tenant space X
23 Elevators- Freight, when required by agency in RLP/Lease X
24 Exits and access- Permanent entryway systems X
25 Fire Alarm - Building central system (as required by code) X
Fire Alarm — Wiring from building core to tenant agency
space and then within tenant agency space; pull stations, X
26 strobes, and annunciators within the demised premises
27 Flagpole X
28 Flooring - Carpet or resilient flooring (demised area only) X
29 Flooring - Raised access flooring X
Flush-out procedure - New air filtration media before X
30 occupancy
Page 2 OF 4
INITIALS: LESSOR: &GOVT:
84
Item Include in Include in
Number Bid Item Shell Rate TI Allowance
31 HVAC - Central HVAC systems, main and branch lines X
HVAC - Changes to open-plan HVAC distribution network to X
32 laccommodate individual office layout
33 HVAC - Special purpose areas X
34 HVAC - Supplemental cooling or heating X
35 HVAC -Zone controls and thermostats X
Indoor air quality during construction - Appropriate barriers if X
36 necessary
37 Insulation X
38 Janitor Closets (with latchbolt) X
LEED -Any building shell modifications necessary for space to
meet requirements of LEED-CI. Must coordinate building shell X
39 requirements with TI.
Lighting - Changes to open-plan lighting pattern to X
40 accommodate individual office layout
41 Lighting - Specialty or above building standard X
42 Lighting—Standard lighting fixtures (interior and parking) X
43 Millwork (i.e. cabinets, chair rails, and shelving) X
44 Painting - Shell Walls (see partitions) X
45 Painting -TI Walls (see partitions) X
46 Partitions- Demising (slab-to-slab) X
47 Partitions- Perimeter X
48 Partitions—Subdividing within demised area X
49 Permits- Building permits X
50 Permits- Occupancy permits X
Plumbing — in common areas (such as restrooms and janitor
closets) including fixtures, and hot and cold water risers and X
51 domestic waste and vent risers
Plumbing—fixtures within the demised premises and all lines X
52 connecting to the building core-except for common restrooms
53 Powerpoles - Connection to furniture junction boxes X
54 Recycling - General X
Recycling - Required labor and equipment during construction
(required if new construction or major improvements of X
55 existing building)
Restrooms—building common restrooms or those required X
56 per RLP/Lease (based on distance to reach)
57 Restrooms- private restrooms X
58 Seismic Enhancements X
59 Signage- Building Directory X
60 Signage- Exit Signage X
Signage - Tenant signage in common corridors and within X
61 demised area (excluding building directory)
Sprinkler heads - repositioning to avoid conflict with layout,
additional required by local code to meet agency's layout, or X
ceiling grid adjustments and repositioning of sprinkler heads
62 to center of tiles
63 Sprinklers - Heads and piping, escutcheon or trim plate X
64 Sprinklers -valves &controls X
65 IStaircases - Private, within tenant space X
Page 3 OF 4
INITIALS: LESSOR: &GOVT:
85
Item Include in Include in
Number Bid Item Shell Rate TI Allowance
Structural Enhancements — To accommodate non
66 conventional loads X
Tele/data - Outlets, telephone and data jacks (ie junction
boxes), with rings and pull strings, sealed conduit drops with
pull strings, and horizontal conduit, including cable trays and X
hooks within the tenant agency's demised premises and to
67 building core (or may be provided by tenant agency)
Telecommunication Closet — Common to building, must meet X
68 specifications in RLP/Lease
69 Utilities - Necessary for base building and tenant operations X
Utility meters - Provide and install separate meters X
70 (if lease is not fully serviced)
71 Ventilation -Air filtration with filters X
72 Vestibules X
Wall Finishes - Elevators accessing government demised X
73 areas
74 Wall Finishes- Hallways accessing government demised area X
75 Wall Finishes- Restrooms within building common areas X
76 Wall Finishes-Within government-demised area X
77 Window coverings - Blinds and Draperies X
Windows - Weathertight windows required in each exterior X
78 bay
Page 4 OF 4
INITIALS: LESSOR: &GOVT:
86
Attachment 12—Parking Plan
The first pages shows the overall parking plan for the EAC facility with 55 parking spaces available for use,including those
designated ADA and electrical vehicles
The second page show the 4 parking spots that will be assigned to the USDA.
87
p4lD
V1RONM?URp1. (4)ADA PARKING SPACES WITH
ENpGRiCU TER L SHARED ACCESS AISLES
GEN 6
(2)STANDARD PARKING SPACES
WITH ELECTRIC VEHICLE
CHARGING STATIONS
F
O� �Ev ❑
� b
6
19
i
14 9'X18'PARKING SPACES,
P P�KZN P��P TYPICAL
2
(2)14'X60-PARKING SPACES FOR
PICK-UP TRUCK WITH TRAILER
01 SITE PLAN - EAC PARKING LOT
-000
88
EXHIBIT 'B'
MENS p4IDpGP rn
ENV1R
F�
b �
4 parking spots dedicated to
government vehicles
11 SITE PLAN - EAC PARKING LOT
-
89
Attachment 14—Legal Description of Property
Legal Description of Property
The first document attached is the deed for the property. As the facility is on the same parcel as several
other local government facilities I have include a site plan for the entire property and outlined in red the
facility that the USDA would occupy.
90
NI{KERN N!I{II{�
Doe No 30006969
Recorded: 09105/2019 09:21:19 PM
Fee Ami: 526.00 Page 1 of 3
Excise Tax:$42.00
Orange County North Carolina ma.
Mark Chilton,Register of heeds
8K 6626 PG 1990-1992(3)
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $42.00
PIN _ 5 Verified by County on the day of _ ,2014
By:
Mail/Box to: Grantee Du"""Y- 913'61-3 ` 71/7 y
This instrument was prepared by: Kennon Craver,PLLC &F/z3 P - ?86`x- 3 9- 76 d6
Brief description for the Index:
THIS DEED made this 2±-day of 4+� ,2019,by and between
GRANTOR GRANTEE
William Allen Holloway and wife, Orange County,North Carolina,
Donna R.Holloway a North Carolina body politic
1014 U.S.Hwy 70 West 131 West Margaret Lane,Suite 300
Hillsborough,NC 27278 Hillsborough,NC 27278
The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns,and
shall include singular,plural,masculine,feminine,or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged,has and by these presents does grant,bargain,sell,and convey unto the Grantee in fee simple,all that
certain lot,parcel of land,or condominium unit situated in the City of ,Hillsborough Township,Orange
County,North Carolina,and more particularly described as follows(the"Property"):
See Exhibit A attached hereto and incorporated herein by reference.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 3982,Page 548,Qran e
County Registry.
All or a portion of the property herein conveyed 0 includes or 0 does not include the primary residence of a
Grantor.
A map showing the above described property is recorded in Plat Book 94,Page 68,Orange County Registry.
BK 6625 PG 1991 DOG# 30006969
91
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging
to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to
convey the same in fee simple,that title is marketable and free and clear of all encumbrances,and that Grantor will
warrant and defend the title against the lawful claims of all persons whomsoever,other than the following exceptions:
Ad valorern taxes for 2020 and subsequent years.
IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the day and year first above written.
William Allen Hollo ay
Donna R.Holloway
) �1Y+ County,North Carolina
I certify that the following person personally appeared before me this day acknowledging to me that he or she signed
the foregoing document: William Allen Holloway.
Date:
$ OTA cit{ Of 'Si arum of Na ry Public
{Affix Official Seal below) 1- Not ublic
` Print Name: e-h t�
13 L
CO ,.�``�`4�~ Hely commission expires: !Q ,54
�H LIQ
1 t*'&v - County,North Carolina
I certify that the following person personally appeared before me this day acknowledging to me that he or she signed
the foregoing document: Donna R.Holloway.
Date: 44zd5
����►1flsi1tle�I► Offr al ' 'nature of Not Public
(Ax Official Seal below) t�� M.F rl�•'�. No Public
.R
E,Q
oQ 0 T A R� ' Print Name
My commission expires: 16 t.,bz
0 A
^u B
I�jJ1t IIS►�� ;*`4``,`
BK 6625 PG 1992 DCC# 30006959
92
EXHIBIT A
Beginning at an existing iron pipe located in the southern Right-of-Way(RIW) of US 70, a.k.a. Cornelius
Street,said existing iron pipe having NC Grid Values:N(Y)850,011.75 E(X) 1,963,800.94(NAD' 83(2011))
and being the northernmost common corner between Orange County and William and Donna Holloway as
shown in Plat Book 118, Page 105 of the Orange County Registry; thence, S 10°39'03" E 417.73' to an
existing iron pipe, thence S 81°45'57" W 42.04' to a set iron pipe, the TRUE POINT OF BEGINNING,
located in the common line of Orange County and William and Donna Holloway;thence,a new line through
William and Donna Holloway,S 04°49'41" E 266.09'to a iron pipe set in the common line of Orange County
and William and Donna Holloway; thence, with said line, N 89°27'33" W 180.45' to an existing iron stake;
thence,continuing with said line,N 06027'18" W 238.20'to an existing iron rod; thence, continuing with said
line, N 81'45'57" E 186.76" to the point or place of beginning, having an area of 1.059 acres, more or less,
and also BEING shown as Tract B on that plat entitled"Recombination Survey, Properties of the County of
Orange and William & Donna Holloway," by Phillip W. Riley, PLS and recorded in Plat Book Id-O ,
Page f 5-(e ,Orange County Registry.
93
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USDA 94
United States Department of Agriculture
April 0 ,
Facility Signage Guide
Lessor & Government
USDA Facility Signage 95
Facility signs play a major role in projecting a clear, strong
impression of USDA. This facility signage guide serves as
a manual for the development and implementation of a
comprehensive signage and wayfinding system for both exterior
and interior signage. The purpose of this guide is to establish the
image of USDA, creating a sense of space that welcomes visitors and
staff; defining USDA as a destination, and informing, orientating, and
directing visitors to and through all USDA facilities.
All USDA interior facility signage designating a permanent room or space
must be ADA compliant. For the latest ADA signage standards and
guidelines, contact www.ADA.gov
USDA facilities within the Washington, DC, metropolitan area must
comply with special DC/Metro signage requirements. Contact the Office
of Operations (OAO) for the latest version.
The objective of this guide is not to replace current signs but, rather, to
ensure that when the signs need to be replaced with new signs, they
comply with these new guidelines.
Lessor & Government
Facility Signage 96
Signature Lockups Acceptable Signature Lockup Variations
Signature lockups must be used _USDA
on all Department facility signage. �-
Signature lockups combine the United States Department of Agriculture
USDA Symbol and the Department
name. Do not use the USDA USDA
United States
Symbol without the Department Department of
name. Only use signature lockups Agriculture
supplied by USDA's Office of
Communications. Any substitution USDA
of fonts on signature lockups is
unacceptable. Do not attempt to
United States Department of Agriculture
create signature lockups in any
manner.
USDA
United States Department of Agriculture
Solid Black
Color
The signature lockup shall be Dark Blue � USDA
reproduced in either one or three PMS 288 United States
colors. The official colors for the Dark Green — Department of
USDA symbol are dark blue (PMS PMS 343 Agriculture
288) and dark green (PMS 343), Three Color
and the Department name is
black. When reproduced in one
color, the signature lockup shall USDA United States
be black or the most dominant — Department of
color available. When the signature
lockup is placed on a color Agriculture
background, it can be reproduced One Color-Black
in one color, either black or white.
or
- • States
Color
Background Department of
Agriculture
One Color-Black or White
Lessor & Government
Signature Lockups 97
Clearance Space, Proportions, and Placement
Signature lockups must be used on all Department facility signage. Signature lockups are comprised of the
USDA Symbol and the Department name. To ensure maximum visibility, the signature lockup should be placed
at the top of any signage above the Agency's name. Only use signature lockups supplied by USDA's Office of
Communications. Any substitution of typefonts on signature lockups is unacceptable. Do not attempt to create
signature lockups in any manner.
Clearance space shall be used on all signage to provide a clean, consistent background area and position
for the signature lockup. All acceptable versions of the signature lockups can be used. No images, gradations, or
other graphics can appear within the clearance space. All other types of visual elements, images, and typography
can fall below the clearance space. Helvetica and Arial are the preferred typefonts.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,
Minimum _USDA
Clearance Space
I
United States Department of Agriculture
I
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
---- --------
USDA Symbol-
14% or more of USDA
signage height.
Minimum.75"
United States De artment of Agriculture
= p ------- ----------------- Minimum clearance space-
0, equal to the width of the USDA
A -----------------------g v enc NameSymbol's letter"A".
co USDA USDA USDA
United States Department of Agriculture United States Department of Agriculture United
Agency Name Agency Name Agency
Free-Standing Signage Monumental Signage Building-Mounted Signage
Lessor & Government
Free-Standing Signage - REQUIRED 98
Signature lockup must be positioned above all other names.
USDA�
United States Department of Agriculture
Agency Name
USDA United States
Department of
Agriculture
Agency
Name
Here
Lessor & Government
Building-Mounted Signage - REQUIRED 99
Use street address or site number as required by the office complex or landlord. Signature lockup must be
positioned above all other names.
Site address 9201
as required
USDA
United States Department of Agriculture
Agency Name
9201 9201
USDA United States USDA United States
Department of Department of
Agriculture Agriculture
Agency Agency
Name Name
Here Here
Lessor & Government
Directional Signage - REQUIRED (if needed) goo
Directional arrows can be placed where appropriate outside the signature lockup clearance space.
USDA
United States Department of Agriculture
Agency Name
USDA United States
Department of
Agriculture
Agenc USDA United States
y Department of
Agriculture
Name
Agency
4 Name
Lessor & Government
Office Room Signage - REQUIRED 101
USDA Facility
All USDA interior facility signage designating a permanent room or space must be ADA compliant. For the
latest ADA signage standards and guidelines contact www.ADA.gov. Signature lockup must be positioned
above all other names.
9201
USDA United States
Department of
Agriculture
Agency Name
Tenant Name
. . . . . .. . .. .
.. .
9201
USDA
United States Department of Agriculture
Agency Name
Tenant Name
. . . . . .. . .. .
. . . ..
Lessor & Government
Office Room Signage - REQUIRED 102
Non-USDA Facility
Signature lockup is not required.
9201
Agency Name
Division Name
Tenant Name
Tenant Name
Tenant Name
Lessor & Government
Building Directory - REQUIRED (if needed) 103
USDA Facility
Signature lockup must be positioned above all other names.
USDA
United States Department of Agriculture
Service Center
Farm Service Agency 201
Rural Development 201
Natural Resources 205
Conservation Service
Culpeper Soil and Water 207
Conservation District
Lessor & Government
Building Directory - REQUIRED (if needed) 104
Non-USDA Facility
The Department name must be fully spelled out and positioned above the Agency name.
XYZ Office Building
Other Tenant 201
Other Tenant 201
Department
name only United States Department of Agriculture 202
Other Tenant 205
Other Tenant 207
XYZ Office Building
Other Tenant 201
Other Tenant 201
Department 202
name with United States Department of Agriculture
Agency name Agency Name Here
on second line
Other Tenant 205
Other Tenant 207
Lessor & Government
105
USDAUnited States Department of Agriculture
Wiring and Cabling: Guidelines for FPAC and RD Offices
Version 0.5
Introduction
Recent updates to two Department Regulations (DRs), DR 3300-001-G and 3300-001-K, supersede the outdated
guidance in DR 3902-001, "Service Center Technology Modernization Project (SCTMP) Wiring/Cabling
Specifications for Service Center Agencies' (SCA) Computer Rooms." As a result, 3902-001 has been cancelled
and should no longer be used.Though it is cancelled, it did have some information that was still useful and
applicable.Therefore,the Office of the Chief Information Officer's Client Experience Center(OCIO-CEC) has
taken that information and documented it in these guidelines to help supplement the references below.
References
1. DR 3300-001-G, "Sharing of Telecommunications Resources"
2. DR 3300-001-K, "Installation of Telecommunications Cables in Federal Buildings"
3. Departmental Manual (DM) 3410-001, "Physical Security Standards for Information Technology(IT)
Restricted Space"
4. (In DRAFT), "CEC Space and ADP Room Guidelines"Available from OCIO-CEC-Business Services Division.
(BSD)
5. Technical Support Division (TSD) Site Moves Standard Operating Procedure. (SOP)
Scope
It is expected that with End User Consolidation (EUC) and the award of the new Enterprise Infrastructure
Solutions (EIS) contract that there will be more opportunity and formal guidance forthcoming on facility and
information technology services consolidation. However, until then,these guidelines should be used to assist
with the wiring/cabling needs for only Farm Production and Conservation (FPAC) & Rural Development offices.
(RD)
Responsibilities
The TSD Group Manager(GM) has the authority and responsibility for oversight of the office Automated Data
Processing (ADP) rooms and cabling.They are responsible for providing approval of all cabling plans.The Mission
Area leasing agent is responsible for including all applicable requirements and standards in solicitations.
Questions on these guidelines can be directed to OCIO-CEC's Infrastructure Operations Division,
Telecommunications Administration Services Branch (OCIO-CEC-IOD-TASB).
Page 1 Lessor Gov't FPAC V11.13.202020
106
Computer Room Physical and Security Requirements
Refer to Departmental Manual (DM 3510-001) "Physical Security Standards for Information Technology (IT)
Restricted Space" and the "CEC Space and ADP Room Guidelines".
Dedicated Electrical Circuits and Outlets for ADP Equipment
1. ADP Room and Demarcation Point Circuits: Provide and install dedicated electrical circuits with isolated
grounds in the computer room. Dedicated circuits must be 110 volt, 20-amp 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 and any
distribution closets. One dedicated outlet for the explicit use of USDA/OCIO/CEC should also be provided at
the demarcation point.The main electrical panel for the computer/voice equipment will be properly
grounded.
2. General Office Space Circuits: Provide enough dedicated electrical circuits and multiple outlets at designated
locations throughout the service center to accommodate workstations, copiers, etc.
3. Electrical Requirements for Uninterruptible Power Supply(UPS) Circuit: All CEC network equipment in the
computer room is required to be connected to a UPS.
4. Number and Type of Circuits:There will be a minimum of one 120 volt, 30-amp minimum with true ground,
terminated into a twisting-lock NEMA L5-30R receptacle. Each dedicated circuit must have insulated,
isolated earth ground; conduit ground is not acceptable.
5. Location of the UPS receptacle:The receptacle will be located within a maximum of 4.5 feet from the back
of the computer room wiring cabinet.
Plywood Wall Mounting
One sheet of% inch 4 x 4-foot plywood or equivalent open space on an existing backboard, shall be vertically
mounted on the wall at the internal demarcation point within 3-feet of an electrical outlet.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.
Demarcation Point (D-Mark)
1. When possible, all telecommunication company demarcation points should be internal to the building.The
lessor is responsible for ensuring there is a route available for any extended demark need from the building
demark to the USDA ADP room. Any demarcation extension should be coordinated with TSD and the
sponsoring agency to ensure the work is properly sourced and funded.
2. A 4-inch conduit with pull cable for the explicit use of USDA should be installed from the demarcation point
to the USDA ADP (Computer) Room.
3. For any analog Plain Old Telephone Service (POTS) lines delivered to the office, extend them from the
demark to the extended demark at the computer room and utilize 6P4C surface mount jacks to
accommodate RJ11 cables, such as the following:
Page 2 Lessor Gov't FPAC V11.13.202020
107
Distribution Closets and Cable Pathways
1. For the standard service center, data cabling may traverse non-USDA space (for example, in the space above
a drop ceiling) without any special protection (conduit, etc.). Any exceptions to this will be identified site-
specifically by the TSD GM.
2. Data cabling may terminate in USDA or USDA partner space. If any space changes definition (for example, a
USDA office is discontinued without the entire location being closed, and the abandoned space is leased to a
non-USDA tenant),the USDA cable terminations must be removed from the now, non-USDA space.
3. When multiple buildings are to be connected as part of one cable plant,the connection is to be run via fiber
optic cable.
4. When cable consists of multiple runs,the facility owner shall provide cable trays or J-hooks to ensure that
the cable does not come into contact with the suspended ceiling.
Data Cabling/Telecommunications
1. All new installations will use Category(Cat) 6 Ethernet cabling or higher and will meet local building codes.
Exceptions: Minor renovations to buildings that currently contain Cat 5 cable and terminations may continue
to do so. However, all substantial additions to or replacements of existing wiring should be replaced with Cat
6 where possible.
2. Cat 5 cabling is unsuitable for Ethernet speeds above 100 Mb/sec and for office Wireless Access Points
(WAPs). So, all cabling specifically for WAPs must use Cat 6. In addition,when a move or renovation leads to
an upgrade of an office to Cat 6,the patch cables in the ADP room must be replaced with Cat 6 compliant
cables as well.
3. Copper Cable Installation: All data cable and voice cables shall be terminated with Cat 6 compliant
terminations (patch panels, wall outlets, etc.). Upon completion, it shall be tested and certified by the
installer to ensure it is operational and within compliance of the reference documents. Finally, if occupying
space with existing cabling, it should still be tested and certified to comply with the reference documents as
well.
4. Data Fiber Cable Installation: 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.
Page 3 Lessor Gov't FPAC V11.13.202020
108
SC Connector ST Connector
Note: 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.
5. Wall Input/Output (1/0) Face Plates for Work Areas: Work areas will have a dual, quad, or hex outlet plate
with corresponding RJ-45 connectors (see diagram below) or integrated into modular furniture. 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. The other end will be punched down on an RJ-45/110-type patch
panel in the ADP room wiring cabinet. Each dual, quad, or hex plate must be labeled with the workstation
number(1, 2, etc.) and the A, B, C etc. format. Each connection must be identified as (1A, 1B, 2A, 213, etc.) on
the corresponding patch panel location.
Quad Plate Hex Plate
2
A B
A B
C p
C D E F
4
Page 4 Lessor Gov't FPAC V11.13.202020
109
Local Area Network (LAN) / Wide Area Network (WAN) / Voice Cabinet
1. The Government will provide the LAN/WAN/Voice cabinet, and a cable installation contractor will provide
and install the wiring, cabling, and patch panels in the cabinet as specified by the TSD GM. Patch panels will
be RJ-45/110 type and appropriately sized, based upon the number of 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 GM.
Note: Though not recommended, the patch panels may be installed on the plywood board and the cabling
terminated into them only if required by the lessor.
2. Where patch panel size and equipment requirements have grown beyond the capacity of a single cabinet,
racks or additional cabinets may be used. However, any additional racks or cabinets need to follow similar
specifications as that original equipment.
3. Distribution points that have smaller equipment requirements (for example, a single 24-port switch) can
utilize half-height or wall mounted racks, rather than full, floor standing cabinets. However,this equipment
still should be secured and protected in some sort of cabinet.
Direct all questions to OCIO-CEC-IOD-TASB.
Abbreviations / Definitions
• ADP Automated Data Processing
• BSD Business Services Division
• Cat Category(i.e., Cat 6 cable designations)
• CEC Client Experience Center
• DM Departmental Manual
• DR Departmental Regulation
• EIS Enterprise Infrastructure Solutions
• EUC End User Consolidation
• FPAC Farm Production and Conservation
• GM Group Manager
• IOD Infrastructure Operations Division
• LAN Local Area Network
• OCIO Office of the Chief Information Officer
• RD Rural Development
• SC Standard Connector
• SOP Standard Operating Procedures
• ST Straight Tip
• TASB Telecommunications Administration Services Branch
• TSD Technical Support Division
• UPS Uninterruptible Power Supply
• WAN Wide Area Network
• WAP Wireless Access Point
Page 5 Lessor Gov't FPAC V11.13.202020
110
U.S. Department of Agriculture
Washington,D.C. 20250
DEPARTMENTAL REGULATION Number:
3901-001
SUBJECT: Space Standards for DATE: June 28, 2013
International Technology Services
Personnel and Automated Data
Processing Rooms at Customer OPI: The Office of the Chief Information Officer
Locations International Technology Services—Business
Services Division, Asset Management Branch
TABLE OF CONTENTS
Section Page
1. PURPOSE 2
2. CANCELLATIONS 2
3. AUTHORITY/REFERENCES 2
4. BACKGROUND 2
5. POLICY 2
6. SCOPE 2
7. SQUARE FOOTAGE 3
8. LAYOUT OF OCIO-ITS SPACE 4
9. SPECIFICATIONS FOR LARGE OFFICES 4
10. SPECIFICATIONS FOR THE ADP ROOM 4
11. ADP ROOM EQUIPMENT OUTPUTS 6
12. ADP ROOM WIRING/CABLING 6
13. EXTERIOR SIGNS 6
14. RESPONSIBILITIES 6
15. DEVIATIONS 7
16. DEFINITIONS 7
Page 6 Lessor Gov't FPAC V11.13.202020
111
1. PURPOSE
The purpose of this regulation is to provide general space requirements and guidelines
for Automated Data Processing(ADP)rooms and International Technology Services
(ITS)personnel located in all customer managed space. Locations with no ITS staff
must adhere to the ADP room requirements.
2. CANCELLATIONS
a. This regulation supersedes Departmental Regulation(DR) 3901-001 dated October
27, 2008.
3. AUTHORITY/REFERENCES
a. Departmental Manual (DM) 3510-001, Physical Security Standards for Information
Technology(IT) Restricted Space.
b. DR 1620-002, USDA Space Management Policy.
c. DR 3902-001, Service Center Technology Modernization Project (SCTMP)
Wiring/Cabling Specifications for Service Center Agencies' (SCA) Computer
Rooms.
4. BACKGROUND
On November 28, 2004, ITS became a separate entity with unique space requirements.
As the SCA began to plan for new or renovated space, it became apparent that
requirements were needed in order to standardize ITS space across the country.
Additionally, it was necessary to incorporate new IT security requirements into all space
planning.
5. POLICY
The goal of ITS' space management policy is to ensure space is provided that allows
ITS employees to efficiently perform their duties, complies with Departmental
Regulations and at the same time keeps space costs to a minimum.
6. SCOPE
The standards in this notice shall be used for all Office of the Chief Information Officer
(OCIO)-ITS space planning. The ADP room standards will be applied to all offices
receiving ITS services, including those offices where no ITS staff is co-located. These
standards will also apply to all ADP rooms that have been approved for co-location with
non-customers. This policy also covers space managed by our customers where ITS is
being asked to provide IT infrastructure services to third parties.
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7. SQUARE FOOTAGE
a. General. The standards listed in the following table show the maximum square
footage that will be used in any space request. In offices with no ITS staff, the ADP
room shall be a minimum of 75 square feet and a maximum of 100 square feet, and
the standards in this notice will apply.
MAXIMUM SQUARE FOOTAGES
TYPE OF SPACE 1 ITS 2-3 ITS 4-6 ITS 7-9 ITS
OFFICE -The same square footage as =or<150 Allocated sq. Allocated sq. Allocated sq.
comparable grade level offices of the SF ft.times no. ft.times no. ft.times no.
customer in the building,not to exceed of employees of employees of employees
150 square feet.
ADP ROOM—This room is for ITS 75-100 SF 75-100 SF 75-100 SF 75-100 SF
and customer information technology
equipment. The room shall be large
enough to allow three feet for
accessibility around all sides of the
equipment. If this calculation is more
than 100 square feet,contact the ITS
Realty Specialist who will forward
them to the appropriate Division
Director for approval on a case by case
basis.
STORAGE—Storage space cannot be 50 SF 50 SF 100 SF 150 SF
shared with customer nor located
within the ADP room.
WORK/SETUP AREA 50 SF 50 SF 100 SF 150 SF
Maximum Total Square Footage 325-350 175-200 SF 275-300 SF 375-400 SF
SF plus office plus office plus office
(not including Shared Space) space space space
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113
8. LAYOUT OF OCIO-ITS SPACE
a. General. It is preferred that all ITS space is adjoining. Each room or suite shall
have four ceiling to floor walls and a lockable door.
b. ADP Room. The ADP room must be a separate, lockable room used only for
telecommunications and computer equipment. No storage of any kind is allowed in
this room. The room must be wide enough to allow three feet for accessibility
around all sides of the equipment rack or cabinet. Note: If the Group Manager has
made the determination that the cabling loop will allow the cabinet to be easily
moved to provide the 3' clearance this is acceptable.
c. General ITS Room/Suite. For safety reasons, the building manager will be issued a
key to ITS space. Other than that, only ITS personnel will be issued a key to this
space. This space will serve as the ITS employee cubicles/offices,work/setup area
and storage.
d. Space for Managers, ITS Division Directors, Branch Chiefs and Group Managers.
At locations where private offices are allocated to Managers, ITS Division
Directors, Branch Chiefs and Group Managers will also have a private office with a
lockable door. This office may be within or adjacent to the general ITS room.
e. Private Offices. When a location's existing configuration has non-supervisory
personnel occupying private offices, the possibility exists that the non-supervisory
employee may have to vacate the office for a supervisor.
9. SPECIFICATIONS FOR LARGE OFFICES
Since the requirements of large offices are unique, the requirements will be defined on a
case by case basis at the time of a major renovation or solicitation of new space. Large
offices must adhere to all USDA security standards.
The square footage of offices for supervisors and top management may be larger than
150 square feet. The size of these offices shall be decided on a case by case basis and
will be based on the size of comparable grade level offices at the location, with the goal
of staying within Departmental standards.
10. SPECIFICATIONS FOR THE ADP ROOM
The specifications listed below shall be included in all space Request for Lease
Proposal/Lease (RLP/L)packages. The ADP room shall be renovated to bring it into
compliance whenever a new lease is signed, even if the office will remain in the same
space, or whenever renovations are made to existing space.
Page 9 Lessor Gov't FPAC V1 1.13.202020
114
a. 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 customer group. 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.
b. Windows. There will be NO WINDOWS in the ADP room, even if a portion of the
room has exterior walls.
c. Flooring. The flooring will be anti-static hard surface; no carpet.
d. Walls. Wall construction will be slab to slab with sound transmission class 40 or
better.
e. Temperature and Humidity. The ADP room shall be cooled at all times. The
ambient room temperature shall be maintained between 650 to 78°F (18°to 26°C).
The ambient relative humidity levels shall be maintained between 35% and 55%.
The temperature and humidity controls shall be managed within the room, including
point 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 as needed to maintain the minimum temperature in the room.
f. 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.
g. Plumbing. Because of the danger of water damage, the ADP room shall not be
located in areas where water bearing pipes would be overhead.
h. 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 directly above any equipment. Each ADP room shall be equipped
with a clean agent fire extinguisher. An annual inspection must be performed on
the fire extinguisher.
i. Telephone S.. sem. The telephone demarcation must be inside the building, not on
the exterior. While this is preferred at all sites, it is mandatory in new construction.
The building contractor shall attach to one wall a sheet of 3/4 inch 4 x 8 plywood,
painted with fire retardant paint. This will be the extended demarcation point and
for the installation of phone equipment, etc.
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115
j. Physical Location. The ADP room should not be located either above, adjacent, or
below public areas in multi-story buildings. The ADP room will be located in the
interior of the building away from exterior windows, if practical. DM 3510-001
Section 3 (b1 & c1).
k. Public Areas, Mailrooms and Loading Docks. The ADP room will be located a
minimum of 50 feet from public areas, mailrooms and loading docks. DM 3510-
001 Section 3 (c6-c8).
1. 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.
m. 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.
11. ADP ROOM EQUIPMENT OUTPUTS
Refer to the manufacturer's requirements for all equipment that will be located in the
room.
12. ADP ROOM WIRING/CABLING
Cable plant specifications will be provided by the appropriate ITS Division. Please refer
to the following links for cabling/wiring guidance: DR 3902-001, SCTMP
Wiring/Cabling Specifications for Service Center Agency(SCA) Computer Rooms,
hLtp://www.ocio.usda.gov/directives/doc/DR3902-001.pd
13. EXTERIOR SIGNS
Exterior signs identifying the customer organizations are for the convenience of the
public. Since ITS does not directly service the public, there is no requirement for ITS to
be identified on these signs.
14. RESPONSIBILITIES
a. Contracting/Real Property Leasing Officer of the lead agency will:
(1) Work closely with the OCIO-ITS Group Manager and OCIO-ITS Realty
Specialist to ensure that the appropriate requirements for the space and
wiring/cabling are included in all Request for Lease Proposal/Lease packages
prior to issuance.
(2) Prior to accepting new space or renewing a lease, will provide to the OCIO-
ITS Realty Specialist,through the OCIO Group Manager, a dimensioned floor
plan that clearly shows the ADP room and OCIO-ITS space.
Page 11 Lessor Gov't FPAC V1 1.13.202020
116
(3) Notify the OCIO-ITS Technical Support Division (TSD) Group Manager
prior to collocating with third parties when there is a need for the third party
to use ITS services so a determination can be made by ITS as to whether the
services can be provided.
b. OCIO-ITS-TSD Group Manager will:
(1) Work closely with customer management to identify offices that may be
issuing a new lease or doing renovations.
(2) Provide the OCIO-ITS Realty Specialist copies of dimensioned floor plans for
all offices that are planning to issue a new lease or planning renovations that
involves OCIO-ITS.
(3) Provide the OCIO-ITS Realty Specialist with an ADP Room Checklist for all
offices whose ADP rooms are being brought into compliancy with the
standards.
(4) 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.
(5) Coordinate with customers when services are needed for third party
customers.
c. OCIO-ITS Realty Specialist will:
(1) Work with the OCIO-ITS Group Managers and customer contacts to resolve
any issues regarding ITS space and will recommend that an issue be elevated
to the State Food and Agriculture Council when consensus can't be reached.
(2) Work with the Real Property staffs of the SCA and other customers to develop
guidance regarding space issues that may involve OCIO-ITS space.
(3) Approve all floor plans involving ITS personnel or ADP room space before
construction begins.
15. DEVIATIONS
Requests for deviations from these standards should be sent through the Group Manager
to the OCIO-ITS Realty Specialist,who will forward them to the appropriate Division
Director for approval on a case by case basis.
16. DEFINITIONS
a. ADP Room. Areas that house telephone and/or computer equipment.
b. Public Areas. Areas open to all individuals, including visitors. Examples are
reception rooms, training rooms, cafeterias/vending areas, and rest rooms.
Page 12 Lessor Gov't FPAC V1 1.13.202020
117
c. Shared Space. Space, such as a break room, that is shared by more than one agency
within a given office.
d. Service Center Agencies. Farm Service Agency(FSA),Natural Resources
Conservation Service (NRCS), and Rural Development(RD) are collectively
referred to as the Service Center Agencies (SCA).
-END-
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USDA-FPAC PHYSICAL SECURITY REQUIREMENTS FOR LEASE
SOLICITATIONS- FACILITY SECURITY LEVEL I (SERVICE CENTERS)
THIS DOCUMENT CONTAINS ADDITIONAL SECURITY REQUIREMENTS, AND, UNLESS
INDICATED OTHERWISE, ARE TO BE PRICED AS PART OF THE BUILDING SPECIFIC
AMORTIZED CAPITAL (BSAC). WHERE THEY ARE IN CONFLICT WITH ANY OTHER
REQUIREMENTS ON THIS LEASE, THE STRICTEST SHALL APPLY.
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INTERAGENCY SECURITY COMMITTEE (ISC) FACILITY SECURITY LEVEL I (FSL-1)
BASELINE LEVELS OF PROTECTION (LOP) AND USDA-FPAC ENHANCED LEVELS OF
PROTECTION REQUIRED:
Security Criteria Security Criteria Description
Facility Entrances- All perimeter entrance and exit doors leading to USDA space shall have
the means to be secured at all times. USDA-FPAC reserves the right to
Perimeter control access to all USDA leased space.
The main customer entrance shall be open during business hours.
However, USDA reserves the right to secure these entrance doors, shall it
be determined that a higher level of security is needed.
A locking device is required that will easily allow for locking/unlocking to
Facility Entrances- allow customers into and out of the facility.
Service Center Main An entrance door chime shall be installed to notify employees when a
Entrance visitor enters the facility.
To support an emergency lockdown, a thumb turn deadbolt shall be
installed on the main entrance door so the door can be locked immediately
in an emergency. Another acceptable option is installing an electronic
lock that has an emergency lock-down button at the service counter.
A Customer Service Counter shall be installed to separate the public lobby
area from employee work space. It shall be designed in a way that
customers cannot access USDA space (on the other side of the counter)
unless permitted entry through a locked door.
Customer Service This counter must be a hardened barrier that requires employees to enter
Counter through a locked door to enter from the public side of the counter into
USDA employee space. The door must have a lock and remain secured
at all times. The counter shall be 4' high except for an ADA Compliance
area/which must have a partition.
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Space USDA-FPAC space must be compartmentalized and secure from all other
Compartmentalization tenant or public space in the facility. No other tenant or the general public
- General shall be able to access USDA space undetected or unmonitored.
Space Any suspended (false) ceilings that lead into USDA-FPAC space from a
wall in a common hallway or other tenants space must be secured in a
Compartmentalization manner that no individual can enter USDA space undetected or
- False Ceiling unmonitored by exploiting the gap above the false ceiling wall.
Perimeter doors to USDA space must be either glass storefront doors,
metal high-security doors, or solid-core wood doors. Hollow core doors
are not permissible.
Door hinges must be located on the inside of the door (non-public side) or
exposed door hinge pins must be permanently secured to prevent
removal. Approved methods include tack welding or locking screws to
hold pin in place.
Perimeter Doors and Perimeter door locks must be either electronic access control, high
Door Locks Leading to security cipher, or high-security mechanical locks, preferably with a dead-
USDA-FPAC Space
bolt. Cipher or electronic access locks are highly encouraged to avoid the
need to issue keys.
All exposed door locking mechanisms, except for deadbolts, must be
covered by a door strike plate cover to prevent the mechanism from
tampering.
The lessor is required to rekey all door locks prior to USDA leasing the
space and all keys must be accounted for on a sign-out log.
Lessor shall secure emergency exits doors using an automatic door closer
and exit hardware that is compliant with applicable life safety codes and
standards. All emergency exits doors shall have signage posted on the
interior side of the door stating, "Emergency Exit Only". These doors shall
Emergency Exit Doors not be used for employee or tenant convenience.
A peephole shall be installed in the exit door, if an exterior window is not
adjacent to the door.
Emergency Exit doors shall have no visible hardware on the exterior.
Lessor shall provide a means to secure employee entrance doors via a
Employee Access high security door lock or cipher lock. All access to USDA space must be
Control secured and compartmentalized. The lessor must ensure no other
tenants can access USDA space unfettered, meaning physical walls and
doors must separate USDA space from all other tenant space.
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Main Entrance must be accessible to USDA visitors during business
Visitor Access Control hours. After hours, the visitor entrance shall be secured, to include
perimeter facility entrances not controlled by USDA-FPAC.
Burglary Resistance Lessor will ensure that all operable basement and ground floor windows
have appropriate locking mechanisms to ensure windows can be secured
of Windows at all times. It is preferred that windows are non-operable.
Window Air- If window A/C units are installed, they must be secured with a lockable
Conditioning A/C cage or window bars in a way that prevents the window unit from being
Units pushed in or removed.
Security of Critical Lessor shall ensure critical areas are identified for interior USDA-FPAC
space, and that these critical areas are properly secured with appropriate
Areas walls, doors, and door locks.
Secure all facility utility, mechanical, electrical, fire/sprinkler, and telecom
Security of Building rooms at all times to include access to the roof. This includes any room or
Systems and Roof space that has critical utility access that supports USDA space, even if it
provides utilities for commercial entities and tenants. Doors and door
Access locks to these areas must meet the same standards as the Security
Criteria for"Perimeter Doors & Door Locks".
Protection of Exterior Exposed gas mains near a facility or in a parking lot must have bollards
Gas Mains Adjacent (typically yellow safety bollards) around it to protect it from a vehicle strike.
facility.
Security of Exterior Exterior electrical panels on the outside of the building shall be secured
Electrical Panels and via a locking device, unless not permitted by local code.
Switches.
Protection of Air Lessor must provide emergency shutdown and evacuation procedures
Intakes and HVAC and secure accessible air intake grilles from tampering or removal.
Control
Lessor must develop written procedures for the emergency shut-down or
exhaust of air handling systems. The lessor shall also develop and
maintain accurate HVAC diagrams and HVAC system labeling within
mechanical areas.
Security of Ventilation Lessor must protect the system controls from unauthorized access.
Equipment& Controls
If an emergency generator is used, lessor must secure it against
Emergency Generator unauthorized access and locate the emergency generator and fuel tank at
Protection least 25 feet away from loading docks, entrances, parking, or implement
standoff to include hardening and venting methods to protect utilities.
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Lessor shall install appropriate amount of smoke and carbon monoxide
detection devices.
Fire and Carbon If local code does not require fire suppression systems, the lessor shall
Monoxide Detection install one (1) smoke detector in the main area of the office and in the
USDA break room. A carbon monoxide detector should also be installed
when the break room contains gas operated appliances.
Lessor must secure public restrooms in a manner that only facility tenants
can access them. This can be done by either hard key or an access code.
Publicly Accessible
Restrooms If the restrooms are located in USDA controlled space (i.e. behind the
service counter), then no further action is needed as USDA will control
who can enter employee space.
Lessor shall maintain landscaping (trees, bushes, hedges, land contour,
etc.) around the facility. Landscaping shall be neatly trimmed to minimize
Landscaping 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. Landscaping will not
allow for access over walls or fences.
The Building Owner shall ensure exterior lighting fixtures at entrances,
walkways, and in parking areas meet the ISC minimum foot-candle or lux
standard. In addition, lessor shall have a lighting preventative
Site Lighting maintenance plan in place to inspect perimeter lighting for broken fixtures
or burnt out bulbs and service any non-operable lights within 10 business
days.
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
Signage— Facility; tenant, occupied facility, including during construction, without written
Sensitive Areas; Government approval.
Regulatory The government prohibits the lessor from posting signs that would identify
sensitive USDA-FPAC areas, unless required by other standards/codes.
The lessor must permit the government to post necessary regulatory,
statutory, and/or site-specific signage. Examples would be prohibited
weapons signage and the GSA Rules and Regulations Notice.
Vehicle Access to
Controlled Parking Lessor to designate employee and visitor parking areas.
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Pedestrian Access to Lessor to ensure areas of concealment are minimized in and around
Controlled Parking
parking areas.
Areas
Hazardous Materials If there is HAZMAT storage, Lessor shall locate it in a restricted area or
Storage storage container away from loading docks, entrances, and uncontrolled
parking.
Receptacle and Trash receptacles, containers, mailboxes, vending machines, or other
Container Placement fixtures and/or features that could conceal packages, brief cases, or other
portable containers shall be located 10 feet away from building.
The lessor shall design, install, and maintain an Intrusion Detection
System (IDS) consisting of door contacts for all perimeter entry and exit
Intrusion Detection doors to USDA space; magnetic contacts for operable ground floor
System Coverage and windows, acoustic glass break detectors for glass doors, doors with glass
windows, or ground level windows; passive infrared motion sensors (if
Monitoring needed); an alarm keypad (one needed per office suite); and an auto-
dialer for alarms to annunciate to the Federal Protective Service (FPS)
Alarm Mega Center (or an approved 3rd party monitoring service).
All USDA Main Entrance/Reception areas shall have a duress/panic alarm
installed.
Duress/Panic Alarms These alarms shall be tied into the IDS system to ensure annunciation to
the FPS Alarm MegaCenter, local police station, or approved 3rd party
monitoring service.
Security System Lessor shall conduct security system performance testing annually on all
Testing and electronic security system components maintained by the lessor (if
Maintenance applicable).
Implement a preventive maintenance program for all security systems.
Any critical component that becomes inoperable must be replaced or
repaired within 5 business days.
Access to Facility Building Information—including mechanical, electrical, vertical transport,
Information 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.
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Lessor shall have emergency plans and associated documents readily
available in the event of an emergency.
Janitorial and Any lessor provider maintenance/janitorial staff must undergo a Tier 1
Maintenance Staff background check.
USDA-FPAC reserves the right to request daytime cleaning in USDA
space.
Facility Security The Lessor shall cooperate and work with the buildings Facility Security
Committee (FSC) Committee (FSC) throughout the term of the lease.
Participation
Electronic Building A. Lessors are prohibited from connecting any portion of their building and
Access Control access control systems (BACS) to any federally-owned or operated IT
Systems (BACS) network. BACS include systems providing fire and life safety control,
Requirements physical access control, building power and energy control, electronic
surveillance, and automated HVAC, elevator, or building monitoring and
control services (including IP addressable devices, application servers,
or network switches).
B. In the event of a cybersecurity incident related to BACS, the Lessor shall
initially assess the cyber incident, identify the impacts and risks to the
Building and its occupants, and follow their organization's cyber and IT
procedures and protocols related to containing and handling a
cybersecurity incident. In addition, the Lessor shall immediately inform
the Lease Contracting Officer's (LCO's) designated representative, i.e.,
the Lease Administration Manager(LAM), about cybersecurity incidents
that impact a federal tenant's safety, security, or proper functioning.
C. Lessors are encouraged to put into place the following cyber protection
measures in order to safeguard facilities and occupants:
1. Engineer and install BACS to comply with the Department of
Homeland Security Industrial Control Systems Computer
Emergency Response Team (DHS ICS-CERT) cyber security
guidance and recommendations (https://ics-cert.us-
cert.gov/Recommended-Practices).
2. Refer to the National Institute of Standards and Technology
Cyber Security Framework (NIST-CSF)
(https://www.nist.gov/cVberframework) and cybersecurity
guidance in the DHS Commercial Facilities Sector-Specific Plan
(https://www.dhs.gov/publication/nipp-ssp-commercial-facilities-
2015) for best practices to manage cyber risks.
3. Encourage vendors of BACS to secure these devices and
software through the following:
a. Develop and Institute a proper Configuration Management
Plan for the BACS devices and applications, so that the
system can be supported.
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b. Safeguard sensitive data and/or login credentials through
the use of strong encryption on devices and applications.
This means using NIST- approved encryption algorithms,
secure protocols (i.e., Transport Layer Security (TLS) 1.1,
TLS 1.2, TLS 1.3) and Federal Information Processing
Standard (FIPS) 140-2 validated modules.
c. Disable unnecessary services in order to protect the system
from unnecessary access and a potential exposure point by
a malicious attacker. Examples include File Transfer
Protocol-FTP (a protocol used for transferring files to a
remote location) and Telnet (allowing a user to issue
commands remotely). Additionally, use of protocols that
transmit data in the clear (such as default Zig Bee) should
be avoided, in favor of protocols that are encrypted.
d. Close unnecessary open ports to secure against
unprivileged access.
e. Monitor and free web applications and supporting servers
of common vulnerabilities in web applications, such as
those identified by the (Open Web Application Security
Project (OWASP) Top 10 Project
(https://www.owasp.org/index.php/Category:OWASP Top
Ten Project).
f. Enforce Least Privilege, where proper permissions are
enforced on a device or application so that a malicious
attacker cannot gain access to all data. Enforcing Least
Privilege will only allow users to access data they are
allowed to see. Additional information can be found at
https://www.beyondtrust.com/blog/what-is-least-privilege/
g. Protect against Insufficient User Access Auditing, where
device or application does not have a mechanism to
log/track activity by user. Enforce changing of factory
default Username and Password to prevent unauthorized
entry into the BACS system.
h. Use updated antivirus software subscription at all times.
Kaspersky-branded products or services, prohibited from
use by the Federal Government, are not to be utilized.
i. Conduct antivirus and spyware scans on a regular basis.
Patching for workstations and server Operating System
(OS), as well as vulnerability patching should follow
standard industry best practices for software development
life cycle (SDLC).
j. Discontinue the use of end of life (EOL) systems and use
only applications/systems that are supported by the
manufacturer.
k. Operating Systems must be supported by the vendor for
security updates (e.g., do not use Windows Server 2003).
I. Proposed standard installation, operation, maintenance,
updates, and/or patching of software shall not alter the
configuration settings from the approved United States
Government Configuration Baseline (USGCB) or tenant
agency uidance if applicable).
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m. Disallow the use of commercially-provided circuits to
manage building systems and install building systems on a
protected network, safeguarded by the enterprise firewalls
in place. Workstations or servers running building monitor
and control systems are not connected and visible on the
public internet.
n. Systems should have proper system configuration
hardening and align with Center for Internet Security LCIS
benchmarks or other industry recognized benchmarks.
Additional information can be found at
https://www.cisecurity.org/cis-benchmarks/.
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RES-2021-045 Attachment 3
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION LEASING PROPERTY FOR TEN YEARS
Whereas, Orange County owns the Orange County Bonnie B. Davis Environmental and
Agricultural Center, located at 1020 US 70 West, Hillsborough, NC comprising
approximately 17,247 square feet; and
Whereas, the United States Department of Agriculture desires to lease a portion of the
facility equaling 3,502 square feet, including shared access to the large multi-purpose
rooms; and
Whereas, the Farm Service Agency and Natural Resource Conservations Services,
Divisions of the United State Department of Agriculture, administers farm and loan
programs to assist producers in Orange and Durham counties; and
Whereas, North Carolina General Statute 160A-274 authorizes the lease or sale of
county-owned property to another governmental unit with or without consideration; and
Whereas, the United Stated Department of Agriculture desires to lease the a portion of
the Environmental and Agricultural Center for a term of ten (10) years, beginning July 1St
2021 and ending on June 30t", 2031 for an annual rent of $70,040; and
Whereas, in consideration of the valuable services provided to the residents of Orange
County by the United States Department of Agriculture, the Board of Orange County
Commissioners desires to lease a 3,502 square foot portion of the Environmental and
Agricultural Center to the United States Department of Agriculture, the required notice
has been published and the Board of Commissioners is convened at a regular meeting;
NOW THEREFORE BE IT RESOLVED, that the Board of Orange County Commissioners
hereby approves the lease of a 3,502 square foot portion of the Orange County Bonnie
B. Davis Environmental and Agricultural Center for a term of ten years at an annual rate
of $70,040, ratified the signed lease, and directs the execution, registration and filing of
all necessary instruments accordingly.
This the 15th Day of June 2021.
Renee Price, Chair
Orange County Board of Commissioners