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Public Service Committee Meeting Commission Chamber- 9/23/2013- 12:50 PM
PUBLIC SERVICES
1. Discussion: consider probation, suspension or revocation of the
Alcohol License and Business License for Mr. Tyrone Davis,
d/b/a: Pure Platinum Sports Bar, 2064 Gordon Highway, for
failure to comply with the Augusta-Richmond County Alcohol
Ordinance.
Attachments
2. Request the Augusta Commission accept the GDOT Grant for
the Airport Master Plan and Taxiway "A" and ARFF Pavement
Design Project as accepted by the Augusta Aviation
Commission at their August 29, 2013 meeting.
Attachments
3. Request the Augusta Commission approve the
Intergovernmnetal Agreement (IGA) between the Georgia
Department of Health, East Central Health District and the
Augusta Regional Airport for trailer storage as approved by the
Augusta Aviation Commission at their August 29, 2013
Meeting.
Attachments
4. Motion to approve the minutes of the Public Services
Committee held on September 9, 2013.
Attachments
5. Request the Augusta Commission approve the lease with the
TSA as approved by the Augusta Aviation Commission at their
August 29, 2013 meeting.
Attachments
Public Service Committee Meeting
9/23/2013 12:50 PM
Alcohol Ordinance Violation
Department:Planning & Development
Caption:Discussion: consider probation, suspension or revocation of the
Alcohol License and Business License for Mr. Tyrone Davis,
d/b/a: Pure Platinum Sports Bar, 2064 Gordon Highway, for
failure to comply with the Augusta-Richmond County Alcohol
Ordinance.
Background:The owner of Pure Platinum Sports Bar has a business license to
operate a restaurant, a dance hall license, and an alcohol license to
serve liquor, wine and beer...The Sheriff’s Office has responded to
several calls at this location, and on August 11, 2013, the owner
was cited for selling alcohol after hours…We completed the six
month audit for compliance with restaurant food sales and
payment of liquor excise taxes and also found that the business
routinely sells alcohol after hours.
Analysis:The Sheriff’s Office and Planning and Development are
requesting that the Commission take action against the license
holder for various code violations. The Alcohol License and the
Business License can be suspended, revoked or placed on
probation pursuant to the following Codes: Section 2-1-38 (a)(3)
(6); Right to Deny, Suspend, or Revoke A Business Tax
Certificate; Section 6-2-74 (a)(c): Probation, Suspension &
Revocation (Alcohol License); Section 6-2-14(a)(1)(4) Hours of
Sale; Section 6-2-15 (a) Sunday Sales; and Section 6-2-17
Inventory to be kept under lock and key when sale prohibited;
Sec. 2-1-38. Right to Deny, Suspend, or Revoke a Business Tax
Certificate. (a) A Business Tax Certificate under this Chapter may
be denied, suspended, or revoked if one or more of the following
exists: (3) The applicant or holder of the certificate intends to
violate or has violated any federal or state law, or local ordinance
or any ordinance or resolution regulating such business or intends
to violate any regulation made pursuant to authority granted for
the purpose of regulating such business. (6) The applicant or
holder of the certificate fails to adequately supervise and monitor
the conduct of the employees, patrons and others on the subject
premises, or on any property owned or leased by the applicant or
holder, including but not limited to parking lots and parking areas,
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or on any parking lots or areas which may be lawfully used by
patrons of the establishment of the applicant or holder, in order to
protect the safety and well-being of the general public and of those
using the properties. Sec. 6-2-74. Probation, Suspension &
Revocation (Alcohol License). Any license issued under this
Ordinance may be put on probation, suspended and/or revoked by
the Augusta-Richmond County Commission after a finding of due
cause. Due cause for the probation, suspension or revocation of a
license shall include but shall not be limited to, the following: (a)
A violation of this Ordinance or any State or federal law
governing the manufacture, transport, or sale of alcoholic
beverages by the licensee or any person in his employ or in the
employ of the establishment for which the license was issued. (c)
Failure by the licensee, or any person in his employ or in the
employ of the establishment for which the license was issued, to
adequately supervise and monitor the conduct of the employees,
patrons and others on the licensed premises, or on any property
owned or leased by the licensee, including but not limited to
parking lots and parking areas, or on any parking lots or areas
which may be lawfully used by patrons of a licensed
establishment, in order to protect the safety and well-being of the
general public and of those using the premises. Sec. 6-2-14. Hours
of sale. (a) Generally. Any and all holders of licenses under the
authority of this Ordinance shall observe the following schedule of
hours of operation, which shall be determined by eastern standard
time or daylight savings time, whichever is in effect: (1) Holders
of Class A, C, and E licenses (on-premises consumption of beer,
wine and liquor) shall not open for business earlier than 8:00 a.m.
Monday through Friday and may serve any authorized alcoholic
beverage until 2:30 a.m. on the next following day; provided,
further that said premises shall be vacated of all persons, including
employees, by no later than 3:00 a.m. On Saturday, consumption
on-premises license holders shall not open for business earlier
than 8:00 a.m. and may serve authorized alcoholic beverages until
11:55 p.m. on Saturdays and the two (2) hours immediately
following such time; provided, further, that said premises shall be
vacated of all persons, including employees, by no later than 2:30
a.m. on Sunday. Where the sale of alcoholic beverages is in
conjunction with the sale of food, the aforesaid hours of sale shall
be applicable only to the sale of alcoholic beverages and not
applicable to the sale of food; provided, however, no alcoholic
beverage shall be allowed to remain on any bars, tables, or be in
possession of patrons after 3:00 a.m. Tuesday through Saturday
and 2:30 a.m. Sunday, and the inventory of alcoholic beverages
must be secured as described in section 6-2-17 of this Ordinance.
(4) No licensee, employee of such licensee, or any person acting
on behalf of such licensee shall furnish, or give beverage alcohol
to any person on any day or at any time when the sale of same is
prohibited by law. Sec. 6-2-15. Sunday sales. (a) The sale of
alcoholic beverages is authorized for consumption on-premises in
eating establishments, or inns, as defined herein, on Sundays
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between the hours of 12:30 p.m. and 2:00 a.m. Monday; provided,
further that the area where alcoholic beverages are being sold
and/or served shall be vacated of all persons, including employees,
by no later than 3:00 a.m. Where the sale of alcoholic beverages is
in conjunction with the sale of food, the aforesaid hours of sale
shall be applicable only to the sale of alcoholic beverages and not
applicable to the sale of food; provided, however, no alcoholic
beverage shall be allowed to remain on any bars, tables, or be in
possession of patrons after 2:30 a.m. Monday, and the inventory
of alcoholic beverages must be secured as described in section 6-
2-17 of this Ordinance. For the purpose of this subsection, eating
establishment shall mean an establishment which is licensed to
sell alcoholic beverages for consumption on the premises and
which derives at least fifty (50) percent of its total annual gross
food and beverages sales from the sale of prepared meals or food,
and shall further mean a restaurant meeting criteria for license
eligibility provided in section 6-2-52. For the purpose of this
subsection, inn means an establishment which is licensed to sell
alcoholic beverages and which derives at least fifty (50) percent of
its total annual gross income from the rental of rooms for
overnight lodging. Sec. 6-2-17. Inventory to be kept under lock
and key when sale prohibited. (a) On all days and times that the
sale of alcoholic beverages or a particular type of alcoholic
beverage is prohibited by state law and where the business is
otherwise open and operating for the purpose of the sale of other
items, it is required that all coolers designated as alcoholic
beverage coolers be kept under lock and key during the period of
time that sale of alcoholic beverages is prohibited and also that
any inventory of alcoholic beverages must be kept under lock and
key during these periods. Sec. 6-2-52. License for Eating
Establishment and Entertainment Venue; Authority to Sell for
Consumption on the Premises. (a) For an eating establishment to
be eligible to sell alcoholic beverages for consumption on the
premises, it must be a public place kept, used, maintained,
advertised and held out to the public as a place where substantial
meals are served and where substantial meals are actually and
regularly served, such place being provided with adequate and
sanitary kitchen and dining room equipment and a seating capacity
of at least 40 people, having employed therein a sufficient number
and kind of employees to prepare, cook and serve suitable meals
for its guests as a bona fide eating establishment operation. The
serving of such meals shall be the principal business conducted,
with the serving of distilled spirits to be consumed on the
premises as only incidental thereto, and to qualify as an eating
establishment under this section, such establishment must derive
at least 50 percent of its total annual gross food and beverage sales
from the sales of prepared meals and foods. The director of license
and inspection, upon receiving an application from an eating
establishment to sell alcoholic beverages for consumption on the
premises, shall inspect the restaurant to determine if the applicant
is in compliance with the above requirements for a restaurant and
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shall advise the Commission the determination of his/her
inspection.
Financial Impact:N/A
Alternatives:1. Suspend the Alcohol Licenses for sixty (60) days; 2. Suspend
the Alcohol Licenses and business license for sixty (60) days. 3.
Change the business classification from a restaurant to a bar /
lounge.
Recommendation:Suspend the Alcohol Licenses for thirty (30) days; change the
business classification from restaurant to bar / lounge; place the
business on 6 months’ probation.
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
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Public Service Committee Meeting
9/23/2013 12:50 PM
GEORGIA DEPARTMENT OF TRANSPORTATION (GDOT) GRANT - AIRPORT MASTER PLAN
AND TXY "A" DESING
Department:Augusta Regional Airport
Caption:Request the Augusta Commission accept the GDOT Grant for the
Airport Master Plan and Taxiway "A" and ARFF Pavement
Design Project as accepted by the Augusta Aviation Commission
at their August 29, 2013 meeting.
Background:The Augusta Regional Airport applied for a grant from the Georgia
Department of Transportation to assist with the cost of the Master Plan
Update, Taxiway "A" Design and ARFF Pavement Design.
Analysis:The grant from the GDOT if for 2.5% participation of the total
amount of the project.
Financial Impact:The amount of the GDOT Grant for participation in this project is
$26,317.00.
Alternatives:Deny request.
Recommendation:Accept the Georgia Department of Transportation Grant for 2.5 %
participation in the Master Plan Update, Taxiway "A" and ARFF
Pavement Design.
Funds are Available
in the Following
Accounts:
Master Plan Update 551081304/5412110 Taxiway A
551081301/5412110 ARFF Pavement Design
551081301/5412110
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
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Clerk of Commission
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Public Service Committee Meeting
9/23/2013 12:50 PM
IGA with Georgia Department of Health for trailer Storage
Department:Augusta Regional Airport
Caption:Request the Augusta Commission approve the Intergovernmnetal
Agreement (IGA) between the Georgia Department of Health,
East Central Health District and the Augusta Regional Airport for
trailer storage as approved by the Augusta Aviation Commission
at their August 29, 2013 Meeting.
Background:The East Central Health District of the Georgia Department of
Health assist with disaster management in the Central Savannah
River Area. As such, they have two trailers of medical supplies
that they currently do not have a secure area to store and have
reuested to store them on Airport property.
Analysis:As a Department of the State of Georgia’s Department of Health,
the East Central Health District (ECHD) would respond if the
Airport had a bio-terroristic or mass casualty incident and
participates in the Airport’s annual tabletop review of the
emergency plan and triennial exercise. The ECHD has asked the
Airport if it could be allowed to store two trailers of medical
supplies inside the perimeter fence so that they are in a secure
location as ECHD does not currently have a secure area available
to store them. This is a mutually beneficial arrangement as it
would prove advantageous to both parties to have the trailers
readily accessible on Airport property in the unfortunate event of a
mass casualty event. This Agreement serves to protect both parties
by clearly stating the terms of the Agreement. There is no fiscal
impact to the Airport as this arrangement will be provided at no
cost to the ECHD.
Financial Impact:No monies are involved.
Alternatives:Deny request
Recommendation:Approve the Agreement between the Augusta Regional Airport
and the East Central Health District of the Georgia Department of
Health to store their trailers at Augusta Regional Airport. Cover Memo
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Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
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1
ITERGOVERMETAL
AGREEMET BETWEE
THE EAST CETRAL HEALTH DISTRICT AD
AUGUSTA REGIOAL AIRPORT
This Intergovernmental Agreement (IGA) on the part of Augusta Regional Airport (hereinafter
referred to as the “Facility or Airport”) and the Georgia Department of Public Health, East
Central Health District (hereinafter referred to respectively as the “Health District”). The
Facility and Health District shall be hereinafter jointly referred to as the “Parties”.
A. PURPOSE:
1. The purpose of this IGA is to guide and direct the
parties respecting their affiliation and working relationship, inclusive of
anticipated future arrangements and agreements in furtherance thereof, to
provide the means by which the Health District will be able to respond
appropriately in the event that a disaster occurs in the East Central Health
District – including Burke, Columbia, Emanuel, Glascock, Jefferson, Jenkins,
Lincoln, McDuffie, Richmond, Screven, Taliaferro, Warren and Wilkes
Counties in East Central Georgia.
2. Neither party intends for this IGA to alter, in any way, their
respective legal rights or their legal obligations to one another or to any third
party.
B. GEERAL UDERSTADIG:
1. This IGA is intended to provide a secure location
(“the Premises”) where the Health District can store equipment that it needs to
have in the event that a disaster occurs in the East Central Health District. The
Airport agrees to provide this location at no cost to the Health District as the
equipment may be used in the event of an Airport emergency.
2. The Facility is entering into this IGA in order to facilitate disaster planning in
Augusta-Richmond County, Georgia, where the Facility is locate
3. The term of this IGA shall be for one (1) year, beginning on the _____ day of
_____2013 and shall end on the ________ day of ________2014 at midnight
unless terminated sooner by either party herein provided. Each party shall have
the right to terminate this IGA at any time during the initial term or any renewal
term for any reason upon sixty (60) days’ advance written notice to the other
party. The Health District acknowledges that this IGA shall be subject and
subordinate to the provisions of any existing or future agreement between the
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2
Airport and the United States, or any agency thereof, relative to the operation or
maintenance of the Airport, the execution of which has been or may be required
as a condition precedent to the expenditure of federal funds for the development
or operation of the Airport.
C. OBLIGATIOS OF THE FACILITY:
1. The Facility will make available to the Health District a site on
the Airport Operations Area inside the perimeter fence on the west side and
beside the Air Cargo hangar located on the northern most portion of the ramp
where the Health District will be allowed to store equipment identified below in
Paragraph D2. The Facility is maintained in compliance with Federal Regulations
regarding restricted access and security.
2. Equipment may be used by the Airport in an emergency
subject to notification and priority needs of the East Central Health District.
3. The Airport assumes no liability for safekeeping of equipment and supplies.
The Airport will notify the East Central Health District Emergency Preparedness
Office immediately if it observes that the equipment has become damaged, stolen,
etc. (EP Office 706-729-2190 or jdadriano@dhr.state.ga.us )
4. The Facility will escort employees and agents of the Health District needing
access to the Premises provided that such employees or agents will sign in with
the Marshal’s Office – Airport Division upon entering and upon exiting the
grounds of the Facility. Employees and contractors of the Health District will,
when on the grounds of the Airport wear a nametag or other identification that
clearly identifies him/her as an employee of the Health District.
D. OBLIGATIOS OF THE HEALTH DISTRICT:
1. Use of Premises: The Premises shall be used for the staging of two (2)
Medical Emergency Preparedness trailers. The Premises shall not be used for any
illegal purpose in any manner that gives rise to any nuisance or trespass, or in any
manner so as to invalidate the insurance or increase the rate of insurance on the
Premises. The Premises shall not be employed for any purpose other than those
set forth in this agreement without the written agreement of the Parties. The
Premises shall be used in compliance with all applicable Airport Rules and
Regulations, the laws of the United States of America, including, the rules of the
Federal Aviation Administration (FAA),the Transportation Security
Administration, the State of Georgia, and all local authorities having proper
jurisdiction over the Premises.
2. The Health District will be responsible for auditing the inventory
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3
contained in the trailers. Below listed equipment is the property of East Central
Health District, Emergency Preparedness Program and is listed on their inventory:
1 Pace 28’ Hospital Trailer S/N 4FPWB28236G108869
300 Admit Form Packet
5 - 2’x4’ Folding Tables
5 – 4’x4’ Folding Tables
30 Folding Chairs
30 Ballpoint Pens
50 Permanent50 Markers
50 Clipboards
6 Portable Files Boxes
2 Rolling Stretchers
16 Walkie-Talkies
1 Megaphone
2800 Alcohol Pads
7 Catheters, Intraosseous Module-blue
250 Intermittent IV Access Device (lock)
150 IV Catheter, 18G w/Protectocath Guard
150 IV Catheter, 20G w/Protectocath Guard
50 IV Catheter, 22G w/Protectocath Guard
216 IV Fluid Bags, NS, 1000 cc
216 IV Fluid Bag, D5 1/2NS, 1000cc
125 IV Start Kit
300 IV Arm Board
50 IV Tubing w/Buretrol Drip Set for Peds
250 IV Tubing w/Standard Macrodrip Set for Adults
50 Needles, Butterfly, 23G
50 Needles, Butterfly, 25G
700 Needles, sterile, 18G
700 Needles, sterile, 21G
700 Needles, Sterile, 25G
140 Vacutainer Tube Holder
200 Vacutainer Tube-Blue Top
200 Vacutainer Tube-Green Top
200 Vacutainer Tube-Lavender Top
200 Vacutainer Tube-Red Top
200 Multisample Collection Needle
350 Saline for Injection – 10cc bottle
288 ABD Bandage Pads-Sterile 8”x10”
700 Bandaids
150 Multi-trauma dressing
70 Vaseline Dressing 3”x9”
96 Triangular Bandage w/pins
144 Cold Packs
10 Instant Glucose
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4
20 Board Splint 24” Cardboard Padded
70 Bath Basins
350 Bathing Supply Prepackaged
65 Bedpan Regular
150 Blanket, Pillow, Sheet Set
1200 Chux Protective Pad
2 Cribs
50 Cots-Surge Bed Hospital System
288 Diaper Adult
300 Diaper-Infant
288 Diaper-Pediatric
100 Emesis Basin
300 Facial Tissue, Individual Patient Box
10 Feeding Tube – Pediatric, 5 French
10 Feeding Tube – Pediatric, 8 French
100 Foley Catheter – 16F Kit (includes drainage bag)
2100 Gloves Non-Sterile, Large, Non-Latex
2100 Gloves, Non-Sterile, Medium, Non-Latex
2100 Gloves, Non-Sterile, Small Non-Latex
12 Goggles, Splash Resistant, Disposable
300 Gown, Splash Resistant, Disposable
550 Gown, Patient
2800 Gauze Pad, Non-Sterile, 4”x4”, Tube Size
768 Gauze Roll, Non-Sterile, 3”
48 Hand Cleaner-1 oz. waterless
25 Lubricant, Water Soluable
700 Medicine Cups
30 Morgue Kits
50 Nasogastric Tubes – 18F
1 OB Kit
14 Povidone Iodine
25 Restraint, Extremity, Adult, Soft
24 Sanitary Pads
4 Sharps Containers
600 Sheets, Disposable, Paper
400 Syringe, 12cc Luer Lock
1400 Syringe, 3cc Luer Lock 2/21G 1.5” Needle
25 Syringe, Catheter Tip 60cc
100 Syringe, Insulin
100 Syringe, TB
96 Tape, 1” Silk
42 Tape, 2” Silk
50 Urinals
1500 Washcloths, Disposable
3 Water Coolers, Electric
200 N-95 Masks
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5
3 Cart, Supply, IV and Meds
3 Cart, Medical Supplies
1 ICU Patient Monitoring System
6 Negative Pressure Unite S/N 6013, 6005, 608, 6007, 6006, 6009
3 Anteroom, Small
3 Anteroom, Large
24 Scissor sets
2 Glucometer
100 Glucometer Test Strips
140 Probe Covers for Thermometers
2 Welch Allyn O2 Sat Monitor
200 Lancet, single-use Shielded
4 Otoscope/Ophthalmoscope
10 Mesh Stretchers
32 Surevent, Disposable Ventilator
1 Ventilator S/N A10699
10 Ventilator Circuit – 10 Adult and 10 Ped
1 AED S/N 4104160
5 Spare AED Battery
5 Spare AED Electrode
1 Banyan ALS Kit
5 Oxygen Tanks with Regulator – Super D Cylinder, Case
1 Airway Management Kit
1 Master Pack of 25 Five Patient Trauma Kits
1 Suction Unit
5 Scanning Thermometer
5 Adult BP Cuff
2 Pediatric BP Cuff
1 Pocket Doppler
2 Plastic Backboard
12 Hospital Disinfectants, 1 Gallon
3 Microwave Ovens
3 Refrigerators
50 Towels, Paper C-Fold
6 Trash Cans with popup lids
250 Trash Liners, Red Plastic Large
2 Push Brooms
5 Dust Pans and Brushes
2 Mop with Bucket and Wringer
18 Hospital Disinfectant Spray Bottle
2 Rely-On 11-lb bucket
50 Fluid Spill Kit
1 Wet/Dry Vacuum
10 Patient Transfer Devices
4 Wheelchair
800 Wag Bag Toilet Bag
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Item # 3
6
576 Toilet Paper, Biodegradable
1 Pace 28’ Support Trailer S/N 4FPW828247G117498
4 15kw Portable Generator S/N 8102968, 8006097, 8109965, 8009605
18 Lighting System
3 Electric Manifold
1 Oxygen System with Outlets
10 Oxygen Cascade Systems
6 Portable Shower System – Enclosures and Hot Tap Water Heaters
6 Portable Toilet Systems
1 Hot Portable Shower Supply
3 Portable Sink Systems
1 Water Supply System
3 22’x42’ Inflatable Tent
3 5-Ton Portable A/C S/N 09060720500, 09060724500, 10060836600
3 3-Ton A/C Units S/N 07060288360, 07060285360, 11060458360
1 Water Collection System
4 Inflator/Deflator for Tent
4 Support Carts w/Supplies
84 Additional Surevents for Support Carts
3 Portable Heating Units
E. IDEMIFICATIO:
The Health District specifically agrees that its operations shall be conducted in
compliance with all federal, state and local environmental laws, rules and
regulations. To the extent permitted by law, the Health District agrees to
indemnify and hold harmless the Augusta Richmond Board of Commissioners
and the Augusta Aviation Commission, and their members, officers, elected
officials, agents, servants, employees and successors in office from any and all
claims including all liabilities, losses, suits,claims, demands, judgments, fines,
damages, costs and expenses (including all costs for investigation and defense
thereof, including but not limited to court expert fees and reasonable attorneys’
fees) which may be incurred by, charged to or recovered from the Facility and
Augusta Richmond County(i) by reason or on account of damages to or
destruction of the property of the Facility or any property of, injury to or death of
any person, resulting from or arising out of the Health District’s use of the
Premises (except when such damages, destruction, injuries or death arise solely
by reason of the Facility’s gross negligence), or (ii) arising out of the failure of the
Health District to keep, observe or perform any of the agreements or conditions of
this IGA. The Health District agrees to notify the Facility of any legal action
instituted against the Health District that, in any way, could affect the Facility or
its insurer. The Health District agrees to provide such notice in writing along
with complete copies of all documents, filings or notices filed by or received by
the Health District within ten (10) calendar days of the Health District’s
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Item # 3
7
receiving notice of the legal action. The Health District is insured by the State of
Georgia.
Agreed to by:
GEORGIA DEPARTMET OF HEALTH
EAST CETRAL HEALTH DISTRICT
_______________________________________________
Ketty M. Gonzalez, MD
District Health Director
Date: __________________________________________
AUGUSTA AVIATIO COMMISSIO
________________________________________________
Date:____________________________________________
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Item # 3
Public Service Committee Meeting
9/23/2013 12:50 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the Public Services Committee
held on September 9, 2013.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
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Public Service Committee Meeting
9/23/2013 12:50 PM
TRANSPORTATION SECURITY (TSA) ADMINISTRATION LEASE AGREEMENT
Department:Augusta Regional Airport
Caption:Request the Augusta Commission approve the lease with the TSA
as approved by the Augusta Aviation Commission at their August
29, 2013 meeting.
Background:The TSA entered into a lease agreement with the Airport in
September 2008. The lease was a five (5) year lease which expired
on July 13, 2013. The Aviation Commission approved a 90 day
extension during the July Commission meeting until a new long
term lease could be finalized. The new lease has been finalized
with a new five (5) year term with an option to renew for a second
five (5) year term. The new rental rate has increased by $1.73 per
square foot per year. Janitorial and other miscellaneous services
were negotiated into the agreement at a rate of $3.31 per square
foot per year which will be adjusted annually.
Analysis:The lease agreement is the standard lease drawn up by the GSA.
The agreement has been reviewed and approved by the Airport’s
legal counsel. The agreement is for an initial term of five years
with a five year option for renewal. The rental rate will increase
from $65,667.38 to $68,700.00 per year with an additional
$5,800.00 for janitorial and miscellaneous services.
Financial Impact:The total of the new lease is $74,500 per year.
Alternatives:Deny request.
Recommendation:The August Commission approve the TSA Lease as submitted.
Funds are Available
in the Following
Accounts:
551000000-3492108
REVIEWED AND APPROVED BY:
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Finance.
Law.
Administrator.
Clerk of Commission
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Item # 5
LEASE NO. GS-04B-62631 On-Airport Lease
GSA FORM L201D (June 2012)
LEASE NO. GS-04B-62631, PAGE 1 LESSOR: GOVERNMENT: ___________________ GSA FORM L201D (6/12)
This Lease is made and entered into between AUGUSTA AIRPORT AVIATION COMMISSION (Lessor), whose
principal place of business is 1501 Aviation Way, Augusta, GA, 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 (GSA), upon
the terms and conditions set forth herein.
Witnesseth: The parties hereto, for the consideration hereinafter mentioned, covenant and agree as follows:
The Lessor hereby leases to the Government the Premises described herein, being all or a portion of the Property located at 1501 Aviation Way,
Augusta, GA and more fully described in Section 1 and Exhibit A & B, together with rights to the use of parking and other areas as set forth herein, to
be used for such purposes as determined by GSA.
To Have and To Hold the said Premises with their appurtenances for the term beginning upon acceptance of the Premises as required by this Lease
and continuing for a period of 10 years, 5 years firm, subject to termination and renewal rights as may be hereinafter set forth. The commencement
date of this Lease, along with any applicable termination and renewal rights, shall more specifically be set forth in a Lease Amendment upon
substantial completion and acceptance of the Space by the Government.
In Witness Whereof, the parties to this Lease evidence their agreement to all terms and conditions set forth herein by their signatures below, to be
effective as of the date of delivery of the fully executed Lease to the Lessor.
FOR THE LESSOR: FOR THE GOVERNMENT:
Name: _____________________________________________
Title: _______________________________________________
Entity Name: ______________________________________
Date:
Title: Lease Contracting Officer
General Services Administration, Public Buildings Service
Date:
WITNESSED FOR THE LESSOR BY:
Name:
Title: _
Date:
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LEASE NO. GS-04B-62631, PAGE 2 LESSOR: ______ GOVERNMENT: ____________________ GSA FORM L201D (6/12)
TABLE OF CONTENTS
ON-AIRPORT LEASE
SECTION 1 THE PREMISES, RENT, AND OTHER TERMS ............................................................................................................................. 3
1.01 THE PREMISES (JUN 2012) ................................................................................................................................................................ 3
1.02 EXPRESS APPURTENANT RIGHTS (JUN 2012) .................................................................................................................................... 3
1.03 RENT AND OTHER CONSIDERATION (ON-AIRPORT) (JUN 2012) ......................................................................................................... 3
1.04 TERMINATION RIGHTS (ON-AIRPORT) (JUN 2012) ................................................................................................................................ 4
1.05 RENEWAL RIGHTS (JUN 2012) ................................................................................................................................................................ 4
1.06 DOCUMENTS INCORPORATED IN THE LEASE (ON-AIRPORT) (JUN 2012) ........................................................................................ 4
1.07 OPERATING COST BASE (AUG 2011) ..................................................................................................................................................... 4
SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS ................................................................................................................ 5
2.01 DEFINITIONS AND GENERAL TERMS (JUN 2012) ............................................................................................................................. 5
2.02 AUTHORIZED REPRESENTATIVES (JUN 2012) ...................................................................................................................................... 5
2.03 WAIVER OF RESTORATION (APR 2011) ................................................................................................................................................. 6
2.04 OPERATING COSTS ADJUSTMENT (JUN 2012) ..................................................................................................................................... 6
2.05 RELOCATION RIGHTS (JUN 2012) .......................................................................................................................................................... 6
2.06 RECITALS FOR TRANSPORTATION SECURITY ADMINISTRATION (ON-AIRPORT) (JUN 2012) ......................................................... 6
2.07 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY (JUN 2012) ....................................................................................... 6
2.08 ALTERATIONS PRIOR TO ACCEPTANCE (JUN 2012) ............................................................................................................................ 7
2.09 CENTRAL CONTRACTOR REGISTRATION (JUN 2012) ......................................................................................................................... 7
2.10 SECURITY UPGRADES DUE TO IMMEDIATE THREAT (APR 2011) ....................................................................................................... 7
SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS .................................................................................................... 8
3.01 BUILDING SHELL REQUIREMENTS (JUN 2012) ................................................................................................................................. 8
3.02 MEANS OF EGRESS (AUG 2011) ............................................................................................................................................................. 8
3.03 AUTOMATIC FIRE SPRINKLER SYSTEM (JUN 2012) ............................................................................................................................. 8
3.04 FIRE ALARM SYSTEM (JUN 2012) ........................................................................................................................................................... 8
3.05 ENERGY INDEPENDENCE AND SECURITY ACT (DEC 2011) .............................................................................................................. 8
3.06 ACCESSIBILITY (FEB 2007) ................................................................................................................................................................ 9
3.07 MECHANICAL, ELECTRICAL AND PLUMBING (APR 2011) ..................................................................................................................... 9
3.08 RESTROOMS (ON-AIRPORT) (JUN 2012) .............................................................................................................................................. 9
3.09 HEATING, VENTILATION, AND AIR CONDITIONING (ON-AIRPORT) (APR 2011) ............................................................................ 9
3.10 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS (ON-AIRPORT) (JUN 2012) ........................................................................... 9
SECTION 4 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM ............................................................................... 10
4.01 SERVICES, UTILITIES, AND MAINTENANCE (ON-AIRPORT) (APR 2011) ....................................................................................... 10
4.02 PROVISION OF SERVICES, ACCESS, AND NORMAL HOURS FOR AIRPORT OCCUPANCIES (JUN 2012) ...................................... 10
4.04 RECYCLING (ON AIRPORT) (JUN 2012) ................................................................................................................................................ 10
4.05 SAFEGUARDING AND DISSEMINATION OF SENSITIVE BUT UNCLASSIFIED (SBU) BUILDING INFORMATION (JUN 2012) ........... 10
4.06 INDOOR AIR QUALITY (DEC 2007) ........................................................................................................................................................ 11
4.07 HAZARDOUS MATERIALS (ON AIRPORT) (APR 2011) ....................................................................................................................... 12
SECTION 5 ADDITIONAL TERMS AND CONDITIONS .................................................................................................................................. 13
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LEASE NO. GS-04B-62631, PAGE 3 LESSOR: ______ GOVERNMENT: _______________________ GSA FORM L201D (6/12)
SECTION 'I THE PREMISES, RENT, AND OTHER TERMS
1.01 THE PREMISES (JUN 2012)
The Premises are described as follows:
A. Office and Related Space: 1,753 rentable square feet (RSF), yielding 1,753 ANSIIBOMA Office Area (ABOA) square feet (SF) of office and
related Space located on the floor(s) and known as Suite(s), of the Building, as depicted on the floor plan(s) attached hereto as Exhibit
B. Common Area Factor: The Common Area Factor (CAF) is established as 1 percent. This factor, which represents the conversion from
ABOA to rentable square feet, rounded to the nearest whole percentage, shall be used for purposes of rental adjustments in accordance with the
Payment Clause of the General Clauses.
1.02 EXPRESS APPURTENANT RIGHTS (JUN 2012)
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 the Lessor to ensure
signage is consistent with the Lessor's standards. Appurtenant to the Premises and included with the Lease are rights to use the following:
A. Parking: NA parking spaces as depicted on the plan attached hereto as Exhibit NA of which NA shall be structured inside spaces reserved
for the exclusive use of the Government, NA shall be inside parking spaces, and NA shall be surface parking spaces. In addition, the Lessor shall
provide such additional parking spaces as required by the applicable code of the local government entity having jurisdiction over the Property.
B. Antennae. Satellite Dishes and Related Transmission Devices: Space located on the roof of the Building sufficient in size for the installation
and placement of the telecommunications equipment as such may be described herein, together with the right to access the roof and use of, all building
areas (e.g., chases, plenums) necessary for the use, operation, and maintenance of such equipment at all times during the term of this Lease.
1.03 RENT AND OTHER CONSIDERATION (ON-AIRPORT) (JUN 2012)
A. The Government shall pay the Lessor annual rent payable monthly in arrears at the following rates:
Years 1 - 5 Years 6 - 10
Annual Rent
Annual Rate /
RSF Annual Rent
Annual Rate / RSF
Shell Rental Rate
Operating Costs
Full Service
Rate
$68,700
$5,800
$74,500
$39.19
$3.31
$42.50
$75,852
$
$43.27
$
$
Years 11 - 15 Years 16 - 20
Annual Rent
Annual Rate I
RSF Annual Rent
Annual Rate I RSF
Shell Rental Rate
Operating Costs
Full Service Rate
$NA
$NA
$NA
$NA
$NA
$NA
$NA
$NA
$NA
$NA
$NA
$NA
B.
Rent is subject to adjustment based upon a physical mutual measurement of the Space upon acceptance, not to exceed 1,753 ABOA sq. ft. based
upon the methodology outlined under the "Payment" clause of GSA Form 3517.
C. Rent is subject to adjustment based upon the final TI cost to be amortized in the rental rate, as agreed upon by the parties subsequent to the
Lease award date.
D. If the Government occupies the Premises for less than a full calendar month, then rent shall be pro-rated based on the actual number of
days of occupancy for that month.
E. Rent shall be paid to the Lessor by electronic funds transfer in accordance with the provisions of the General Clauses. Rent shall be payable
to the Payee designated in the Lessor's Central Contractor Registration (CCR). If the payee is different from the Lessor, both payee and Lessor must
be registered in CCR.
F. The Lessor shall provide to the Government, in exchange for the payment of rental and other specified consideration, the following:
1. The leasehold interest in the Property described in the paragraph entitled "The Premises";
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LEASE NO. GS-04B-62631, PAGE 4 LESSOR: _____ GOVERNMENT: ________________________ GSA FORM L201D (6/12)
2. All costs, expenses arid 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
.4. All services, utilities, and maintenance required for the proper operation of the Property, the Building, and the Premises in accor-
dance 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.
4. All services, utilities (with the exclusion of NA), maintenance required for the proper operation of the Property, the Building, and
the Leased 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. The Government shall be responsible for paying the cost of NA
directly to the utility provider.
G. Parking shall be provided at a rate of $NA per parking space per month (Structure), and $NA per parking space per month
(Surface).
1.04 TERMINATION RIGHTS (ON-AIRPORT) (JUN 2012)
The Government may terminate this Lease, in whole or in part, at any time during the term of this lease with ninety (90) days' prior written notice to the
Lessor if (i) regularly scheduled commercial air services cease, (ii) the Airport opts to replace TSA screeners with private contractors, (iii) the
checkpoint supported by the leased Space is closed, or (iv) the Government reduces its presence at the Airport due to a reduction in enplanements.
The effective date of the termination shall be the day following the expiration of the required notice period or the termination date set forth in the notice,
whichever is later. No rental shall accrue after the effective date of termination. .
1.05 RENEWAL RIGHTS (JUN 2012)
This Lease may be renewed at the option of the Government for a term of NA YEARS at the following rental rate(s):
Option Term, Years NA
Annual Rent
Annual Rate I
RSF
Shell Rental Rate
Operating Cost
$NA $NA
Operating cost basis shall continue
from Year NA of existing lease
term. Option term is subject to
continuing annual adjustments.
provided notice is given to the Lessor at least NA days before the end of the original lease term, all other terms and conditions of this Lease, as same
may have been amended, shall remain in force and effect during any renewal term.
1.06 DOCUMENTS INCORPORATED IN THE LEASE (ON-AIRPORT) (JUN 2012)
The following documents are attached to and made part of the Lease:
:-.Pi-- '.,..• . CUMENT;NAME 1 : . `-; '', '4 q,:, 6,,:FiAGEii,• -:
Floor Plan(s) Parking Plan(s) GSA Form 3517G, General Clauses GSA Form 3518, Representations and Certifications N/A
1.07 OPERATING COST BASE (AUG 2011)
The parties agree that, for the purpose of applying the paragraph titled "Operating Costs Adjustment," the Lessor's base rate for operating costs shall
be $ per RSF $( /annum).
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LEASE NO. GS-04B-62631, PAGE 5 LESSOR: _____ GOVERNMENT: ________________________GSA FORM L201D (6/12)
all terms and conditions set forth in this Lease shall be interpreted by reference to the following definitions,
SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS
2.01 DEFINITIONS AND GENERAL TERMS (JUN 2012)
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:
Unless otherwise specifically noted,
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 GSA awarded this Lease using a contract real estate broker, Broker shall refer to GSA's broker.
C. Building. The building(s) situated on the Property in which the Premises are located shall be referred to as the Building(s).
D. Commission Credit. If GSA awarded this Lease using a Broker, and the Broker agreed to forego a percentage of its commission to which it
is entitled in connection with the award of this Lease, the amount of this credit is referred to as the Commission Credit.
E. Common Area Factor (CAF). The Common Area Factor (CAF) is a conversion factor determined by the building owner and applied by the
owner to the ABOA SF to determine the RSF for the leased space. The CAF Is expressed as a percentage of the difference between the
amount of rentable SF and ABOA SF, divided by the ABOA SF. For example 11,500 RSF and 10,000 ABOA SF will have a CAF 0115%
[(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 and contractor means Lease and Lessor, respectively.
G. Days. All references to "day" or "days" in this Lease shall mean calendar days, unless specified otherwise.
H. FAR/GSAR. All references to the FAR shall be understood to mean the Federal Acquisition Regulation, codified at 48 CFR Chapter 1. All
references to the GSAR shall be understood to mean the GSA supplement to the FAR, codified at 48 CFR Chapter 5.
I. 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.
J. Lease Term Commencement Date. The Lease Term Commencement Date means the date on which the lease term commences.
K. Lease Award Date. The Lease Award Date means the date that the Lease is executed by the LCO (and on which the parties' obligations
under the Lease begin).
L. Premises. The Premises are defined as the total office area or other type of space, together with all associated common areas, described in
Section I 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.
M. Property. The Property is defined as the [and buildings in which the Premises are located, including all Appurtenant Areas (e.g., parking
areas to which the Government is granted rights).
N. 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 + OAF) = RSF.
0. 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.
P. 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 (ANSIIBOMA) 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 ANSIIBOMA
Office Area.
Q. Working Days. Working Days shall mean weekdays, excluding Saturdays and Sundays and Federal holidays.
2.02 AUTHORIZED REPRESENTATIVES (JUN 2012)
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LEASE NO. GS-04B-62631, PAGE 6 LESSOR: GOVERNMENT: ______________________ GSA FORM L201D (6/12)
The signatories to this Lease shall have full authority to bind their respective principals with regard to all matters relating to this Lease. No other
persons shall be understood to have any authority to bind their respective principals, except to the extent that such authority may be explicitly
delegated by notice to the other party, or to the extent that such authority is transferred by succession of interest. The Government shall have the right
to substitute its Lease Contracting Officer (LCO) by notice, without an express delegation by the prior LCO. .
2.03 WAIVER OF RESTORATION (APR 2011)
The Lessor shall have no right to require the Government to restore the Premises upon termination of the Lease, and waives all claims against the
Government for waste, damages, or restoration arising from or related to (a) the Government's normal and customary use of the Premises during the
term of the Lease (including any extensions thereof), as well as (b) any initial or subsequent alteration to the Premises regardless of whether such
alterations are performed by the Lessor or by the Government. At its sole option, the Government may abandon property in the Space following
expiration of the Lease, in which case the property will become the property of the Lessor and the Government will be relieved of any liability in
connection therewith.
2.04 OPERATING COSTS ADJUSTMENT (JUN 2012)
A. Beginning with the second year of the Lease and each year thereafter, the Government shall 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 multiplying the base rate by the annual percent of change in the Cost of Living Index. The
percent change will be computed by comparing the index figure published for the month prior to the Lease Term Commencement Date with the index
figure published for the month prior which begins each successive 12-month period. For example, a Lease which commences in June of 2005 would
use the index published for May of 2005, and that figure would be compared with the index published for May of 2006, May of 2007, and so on, to
determine the percent change. The Cost of Living Index will be measured by the Department of Labor revised Consumer Price Index for Urban Wage
Earners and Clerical Workers (CPI-W), U.S. city average, all items, (1982 to 1984 = 100) published by the Bureau of Labor Statistics. Payment will be
made with the monthly installment of fixed rent, Rental adjustments will be effective on the anniversary date of the Lease; however, payment of the
adjusted rental rate will become due on the first workday of the second month following the publication of the Cost of Living Index for the month prior to
the commencement of each 12-month period.
C. In the event of any decreases in the Cost of Living Index occurring during the term of the occupancy under the Lease, the rental amount will
be reduced accordingly. The amount of such reductions will be determined in the same manner as increases in rent provided under this paragraph.
D. If the Government exercises an option to extend the Lease term at the same rate as that of the original term, the option price will be based
on the adjustment during the original term. Annual adjustments will continue.
2.05 RELOCATION RIGHTS (JUN 2012)
If it becomes necessary in the orderly development of the Airport, Lessor may require the relocation of Premises to other space at the Airport which, in
the reasonable judgment of Lessor, is similar and suitable for the purposes for which this Lease is entered as such purposes are set forth herein.
Should such relocation be necessary, the Lessor shall provide the Government a minimum of 120 days prior written notice. Lessor shall be
responsible for all costs for such relocation, including all costs for moving furniture, office equipment, telephone and data lines, and any other costs
associated with replicating necessary operational features provided in the space originally leased. The Airport shall provide such relocated Premises at
the same rental rate as the original Premises, unless the new Premises are located in an area for which the Airport charges tenants a lower rate, in
which event the parties shall negotiate a reduction in the rental rate.
2.06 RECITALS FOR TRANSPORTATION SECURITY ADMINISTRATION (ON-AIRPORT) (JUN 2012)
A. The Transportation Security Administration (ISA) is required, pursuant to 49 U.S.C. 40101—The Aviation and Transportation Security Act
(ATSA), to oversee security measures at the Airport.
B. TSA is responsible for airline passenger and baggage screening services at the Airport.
C. The U.S. General Services Administration (GSA), on behalf of TSA, leases certain facilities on the Airport premises for administrative offices
and/or break rooms in support of airport passenger and baggage screening services by the TSA.
D. Space for TSA to screen passengers and baggage is expressly excluded from this Lease.
2.07 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY (JUN 2012)
A. The Lessor shall provide floor plans for the Space and a valid Certificate of Occupancy (C of 0), 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 C 0 is not available, the Lessor may satisfy this condition by
providing a report prepared by a licensed fire protection engineer that verifies that the offered space complies with all applicable local fire protection and life
safety codes and ordinances.
B. Neither the Government's acceptance of the Premises for occupancy or acceptance of related appurtenances, nor the Government's occupancy of
the Premises, shall be construed as a waiver of any requirement or right of the Government under this lease, or as otherwise prejudicing the Government with
respect to any such requirement or right, or as an acceptance of any latent defect or condition.
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LEASE NO. GS-04B-62631, PAGE 7 LESSOR: GOVERNMENT: _______________________ GSA FORM L201D (6/12)
2.08 ALTERATIONS PRIOR TO ACCEPTANCE (JUN 2012)
The Government's rights stated under the General Clause "Alterations" also apply to initial build-out of the Premises.
2.09 CENTRAL CONTRACTOR REGISTRATION (JUN 2012)
The Offeror must have an active registration in the Central Contractor Registration (CCR) system (via the Internet at
FITTPS://WWW.ACQU1SITION.GOV) prior to the Lease award and throughout the life of the Lease. To remain active, the Offeror/Lessor is required to
update or renew its registration annually. The Government will not process rent payments to Lessors without an active CCR. No change of ownership of
the leased Premises will be recognized by the Government until the new owner registers in the CCR system,
2.10 SECURITY UPGRADES DUE TO IMMEDIATE THREAT (APR 2011)
The Government reserves the right, at its own expense and with its own personnel, to heighten security in the Building under Lease during heightened
security conditions due to emergencies such as terrorist attacks, natural disaster, and civil unrest.
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LEASE NO. GS-04B-62631, PAGE 8 LESSOR: GOVERNMENT: _________________ GSA FORM L201D (6/12)
SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS
3.01 BUILDING SHELL REQUIREMENTS (JUN 2012)
A. The building shell shall be designed, constructed, and maintained in accordance with the standards set forth herein and completed
prior to acceptance of the Space. For pricing, fulfillment of all requirements not specifically designated as operating costs or other rent
components as indicated shall be deemed included in the Shell Rent.
B. Base structure and building enclosure components shall be complete. All common areas accessible by the Government, such as lobbies, fire
egress corridors and stairwells, elevators, garages, and service areas, shall be complete. Restrooms shall be complete and operational. All newly
installed building shell components, including but not limited to, heating, ventilation, and air conditioning (HVAC), electrical, ceilings, sprinklers, etc.,
shall be furnished, installed, and coordinated with Tenant Improvements. 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 necessary to meet code is
provided as part of the shell.
3.02 MEANS OF EGRESS (AUG 2011)
A. Space shall meet the applicable egress requirements in the National Fire Protection Association, Life Safety Code (NFPA 101) or the
International Code Council, International Building Code (IBC), (both current as of the award date of this lease); or an alternative approach or
method for achieving a level of safety deemed equivalent and acceptable by the Government.
B. Space has unrestrictive access to a minimum of two remote exits on each floor of Government occupancy.
C. Interlocking or scissor stairs located on the floor(s) where Space is located shall only count as one exit stair.
D. A fire escape located on the floor(s) where Space is located shall not be counted as an approved exit stair.
E. Doors shall not be locked in the direction of egress unless equipped with special locking hardware in accordance with requirements of
NFPA 101 or the IBC.
3.03 AUTOMATIC FIRE SPRINKLER SYSTEM (JUN 2012)
A. Space located below-grade, including parking garage areas, and all areas in a building referred to as "hazardous areas" (defined in
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.
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 award date of this lease),
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.
3.04 FIRE ALARM SYSTEM (JUN 2012)
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 third
floor or higher in the Building.
B. The fire alarm system shall be installed and maintained in accordance with NFPA 72, National Fire Alarm and Signaling Code
(current as the award of the lease).
C. The fire alarm system shall automatically notify the local fire department, remote station, or UL listed central station.
D. If the Building's fire alarm control unit is over 25 years old, the 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 award of the lease), prior to Government acceptance
and occupancy of the Space.
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LEASE NO. GS-048-62631, PAGE 9 LESSOR:______ GOVERNMENT: _______________________ GSA FORM L201D (6/12)
3.05 ENERGY INDEPENDENCE AND SECURITY ACT (DEC 2011) N/A
A. The Energy Independence and Security Act (EISA) establishes the following requirements for Government Leases in Buildings that have not
earned the ENERGY STAR® Label conferred by the Environmental Protection Agency (EPA) within one year prior to the due date for final proposal
revisions ("most recent year").
B. If this Lease was awarded under any of EISA's Section 435 statutory exceptions, the Lessor shall either:
1. Earn the ENERGY STAR® Label prior to acceptance of the Space (or not later than one year after the Lease Award Date of a succeeding or
superseding Lease); or
2. Complete energy efficiency and conservation improvements if any, agreed to by Lessor in lieu of earning the ENERGY STAR® Label prior to
acceptance of the Space (or not later than one year after the Lease Award Date of a succeeding or superseding Lease).
C. If this Lease was awarded to a Building to be built or to a Building predominantly vacant as of the due date for final proposal revisions and was
unable to earn the ENERGY STAR label for the most recent year (as defined above) due to insufficient occupancy, but was able to demonstrate
sufficient evidence of capability to earn the ENERGY STAR label, then Lessor must earn the ENERGY STAR label within 18 months after occupancy
by the Government
3.06 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.
3.07 MECHANICAL, ELECTRICAL AND PLUMBING (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.
3.08 RESTROOMS (ON-AIRPORT) (JUN 2012)
Government employees shall have access to all public restroom facilities for men and women in the Airport terminal at all times without additional
payment.
3.09 HEATING, VENTILATION, AND AIR CONDITIONING (ON-AIRPORT) (APR 2011)
A. Temperatures shall conform to local commercial equivalent temperature levels and operating practices 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 this 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 percent relative humidity.
B. The Lessor shall conduct HVAC system balancing after all HVAC system alterations during the term of the lease and shall make a
reasonable attempt to schedule major construction outside of office hours.
C. Normal HVAC systems maintenance shall not disrupt tenant operations.
3.10 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS (ON-AIRPORT) (JUN 2012)
A. The Government reserves the right to contract its own telecommunications (voice, data, video, Internet, or other emerging technologies) service
in the Space to be leased. The Government may contract with one or more parties to have inside wiring (or other transmission medium) and
telecommunications equipment installed.
B. The Lessor shall allow the Government's designated telecommunications provider’s 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.
Attachment number 1 \nPage 9 of 34
Item # 5
LEASE NO. GS-04B-62631, PAGE 10 LESSOR: GOVERNMENT: ___________________ GSA FORM L201D (6112)
SECTION 4 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM
4.01 SERVICES, UTILITIES, AND MAINTENANCE (ON-AIRPORT) (APR 2011)
The Lessor is responsible for providing all utilities necessary for base building and tenant operations and all associated costs are included as a part of
the established rental rates. The following services, utilities, and maintenance shall be provided by the Lessor as part of the rental consideration
(check all that apply):
El HEAT isl TRASH REMOVAL ID ELEVATOR SERVICE tgl INITIAL & REPLACEMENT El OTHER
El ELECTRICITY 21 CHILLED DRINKING WATEREl WINDOW WASHING LAMPS, TUBES & BALLASTS (Specify below) ( E ) P OW E R (S p ec i al E qu i p. ) E l A I R CO N DI TI O NI NG E l PAI N TI N G F R E Q UE N CY Frequency annually
0 WATER (Hot & Cold) El TOILET SUPPLIES El CARPET CLEANING Space 5 years
El SNOW REMOVAL E] JANITORIAL SERV. & SUPP.Frequency annually Public Areas 5 years
The Lessor shall have an onsite building superintendent or a locally designated representative available to promptly respond to deficiencies, and
immediately address all emergency situations.
4.02 PROVISION OF SERVICES, ACCESS, AND NORMAL HOURS FOR AIRPORT OCCUPANCIES (JUN 2012)
The Government shall have access to the Premises and its Appurtenant Areas at all times without additional payment, including the use, during other
than routine hours, of necessary services and utilities such as elevators, toilets, lights, and electric power. Cleaning shall be performed after tenant
working hours unless daytime cleaning is specified as a special requirement elsewhere in this Lease. Janitorial Services shall not be required on
weekends or federal holidays. Services, maintenance, and utilities shall be provided from 7:00 AM to 5:30 PM,
4.03 MAINTENANCE AND TESTING OF SYSTEMS (APR 2011)
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 GSA Field Office Manager or
a designated representative.
B. Without any additional charge, the Government reserves the right to require documentation of proper operations or testing prior to
occupancy of such systems as fire alarm, sprinkler, standpipes, fire pumps, emergency lighting, illuminated exit signs, emergency generator, etc., to
ensure proper operation. These tests shall be witnessed by a designated representative of the contracting officer.
4.04 RECYCLING (ON AIRPORT) (JUN 2012) •
Where state or local law, code, or ordinance requires recycling programs (including mercury-containing lamps) for the Space to be provided pursuant
to this Lease, the Lessor shall comply with such state and local law, code, or ordinance in accordance with GSA Form 3517, General Clauses,
552270-8, Compliance with Applicable Law. 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 Leased Space.
4.05 SAFEGUARDING AND DISSEMINATION OF SENSITIVE BUT UNCLASSIFIED (SBU) BUILDING INFORMATION (JUN 2012)
This paragraph applies to all recipients of SBU Building information, including, bidders, awardees, contractors, subcontractors, Lessors, suppliers, and
manufacturers. Lessor will place this provision in all contracts let to perform work related to this Lease and enforce this provision to the best of its
abilities.
A. MARKING SBU. Contractor-generated documents that contain Building information must be reviewed by GSA to identify any SBU content,
before the original or any copies are disseminated to any other parties. If SBU content is identified, the LCO may direct the contractor, as specified
elsewhere in this contract, to imprint or affix SBU document markings to the original documents and all copies, before any dissemination.
B. AUTHORIZED RECIPIENTS. Building information considered SBU must be protected with access strictly controlled and limited to those
individuals having a need to know such information. Those with a need to know may include Federal, State, and local government entities, and
nongovernment entities engaged in the conduct of business on behalf of or with GSA. Nongovernment entities may include architects, engineers,
consultants, contractors, subcontractors, suppliers, and others submitting an offer or bid to GSA or performing work under a GSA contract or
subcontract. Contractors must provide SBU Building information when needed for the performance of official Federal, State, and local government
functions, such as for code compliance reviews and for the issuance of Building permits. Public safety entities such as fire and utility departments may
require access to SBU Building information on a need to know basis. This paragraph must not prevent or encumber the dissemination of SBU Building
information to public safety entities.
C. DISSEMINATION OF SBU BUILDING INFORMATION:
1. BY ELECTRONIC TRANSMISSION. Electronic transmission of SBU information outside of the GSA firewall and network must
use session (or alternatively file encryption). Sessions (or files) must be encrypted with an approved NIST algorithm, such as Advanced Encryption
Standard (AES) or Triple Data Encryption Standard (3DES), in accordance with Federal Information Processing Standards Publication (FIRS PUB)
Attachment number 1 \nPage 10 of 34
Item # 5
LEASE NO. GS-04B-62631, PAGE 11 LESSOR: GOVERNMENT: _______________________ GSA FORM L201D (6112)
140-2, Security Requirements for Cryptographic Modules. Encryption tools that meet FIPS 140-2 are referenced on the NIST web page found at the
following URL: http://csrc.nist.00v/qroups/STM/cmvp/documents/140-1/1401vend.htm. All encryption products used to satisfy the FIPS 140-2
requirement should have a validation certificate that can be verified at the htto://csrc.nist.00v/oroues/STM/cmvp/validation.html#02. (Not all vendors of
security products that claim conformance with FIPS 140-2 have validation certificates.) Contractors must provide SBU Building information only to
authorized representatives of State, Federal, and local government entities and firms currently registered as "active" in the Central Contractor
Registration (CCR) database at https://www.acouisition.qov that have a need to know such information. If a subcontractor is not registered in the CCR
and has a need to possess SBU Building information, the subcontractor shall provide to the contractor its DUNS number or its tax ID number and a
copy of its business license.
2. BY NON-ELECTRONIC FORM OR ON PORTABLE ELECTRONIC DATA STORAGE DEVICES. Portable electronic data storage
devices include but are not limited to CDs, DVDs, and USB drives. Non-electronic forms of SBU Building information include paper documents.
a. By mail. Utilize only methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery,
signature confirmation, or return receipt.
b. In person. Contractors must provide SBU Building information only to authorized representatives of State, Federal, and local
government entities and firms currently registered as "active" in the CCR database that have a need to know such information.
3. RECORD KEEPING. Contractors must maintain a list of the State, Federal, and local government entities and the firms to which
SBU is disseminated under sections Ci and C2 of this paragraph. This list must include at a minimum
a. The name of the State, Federal, or local government entity or firm to which SBU has been disseminated;
b. The name of the individual at the entity or firm who is responsible for protecting the SBU Building information, with access
strictly controlled and limited to those individuals having a need to know such information;
c. Contact information for the named individual; and
d. A description of the SBU Building information provided.
Once work is completed, or for leased Space with the submission of the as built drawings, the contractor must collect all lists maintained in accordance
with this paragraph, including those maintained by any subcontractors and suppliers, and submit them to the LCD. For Federal buildings, final payment
may be withheld until the lists are received.
D. RETAINING SBU DOCUMENTS. SBU Building information (both electronic and paper formats) must be protected, with access strictly
controlled and limited to those individuals having a need to know such information.
E. DESTROYING SBU BUILDING INFORMATION. SBU Building information must be destroyed such that the marked information is rendered
unreadable and incapable of being restored, or returned to the LCO, when no longer needed, in accordance with guidelines provided for media
sanitization available at http://csrc.nistgov/oublications/PubsTC.html#Forensics, At the Web site, locate SP 800-88, Guidelines for Media Sanitization,
available at HTTP://CSRC.NIST.GOV/PUBLICATIONS/NISTPUBS/800-88/NISTSP800-88_REV1.PDF.and click on the file name NISTSP800-
88_REV1.pdf. From there, you can choose to "Save" or "Download" the file. If SBU Building information is not returned to the LCD, examples of
acceptable destruction methods for SBU Building information are burning or shredding hardcopy; physically destroying portable electronic storage
devices such as CDs, DVDs, and USB drives; deleting and removing files from electronic recycling bins; and removing material from computer hard
drives using a permanent-erase utility such as bit-wiping software or disk crushers.
F. NOTICE OF DISPOSAL. The contractor must notify the LCO that all SBU Building information has been destroyed, or returned to the LCD,
by the contractor and its subcontractors or suppliers in accordance with section (e) of this paragraph, with the exception of the contractor's record copy.
This notice must be submitted to the LCO at the completion of the contract in order to receive final payment. For Leases, this notice must be submitted to
the LCO at the completion of the Lease term.
G. INCIDENTS. All improper disclosures of SBU Building information must be reported immediately to the LCD. If the contract provides for
progress payments, the LCO may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the
contractor will prevent future improper disclosures of SBU Building information. Progress payments may also be withheld for failure to comply with any
provision in this paragraph until the contractor provides a corrective action plan explaining how the contractor will rectify any noncompliance and comply
with the paragraph in the future.
H. SUBCONTRACTS. The Contractor must insert the substance of this paragraph in all subcontracts.
4.06 INDOOR AIR QUALITY (DEC 2007)
A. The Lessor shall control contaminants at the source and/or operate the Space in such a manner that the GSA indicator levels for carbon
monoxide (CO), carbon dioxide (CO2), and formaldehyde (HCHO) are not exceeded. The indicator levels for office areas shall be: CO 9 ppm time
weighted average (TWA 8 hour sample); CO2 1,000 ppm (TWA); HCHO 0.1 ppm (TWA).
B. The Lessor shall make a reasonable attempt to apply insecticides, paints, glues, adhesives, and HVAC system cleaning compounds with
highly volatile or irritating organic compounds, outside of working hours. Except in an emergency, the Lessor shall provide at least 72 hours advance
notice to the Government before applying noxious chemicals in occupied spaces and shall adequately ventilate those spaces during and after
application.
Attachment number 1 \nPage 11 of 34
Item # 5
LEASE NO. GS-04B-62631, PAGE 12 LESSOR: GOVERNMENT: GSA FORM L201D (6/12)
C. The Lessor shall promptly investigate indoor air quality (IAQ) complaints and shall implement the necessary controls to address the
complaint.
D. The Government reserves the right to conduct independent IAQ assessments and detailed studies in space that it occupies, as well as in
space serving the Space (e.g., common use areas, mechanical rooms, HVAC systems, etc.), The Lessor shall assist the Government in its
assessments and detailed studies by:
1. Making available information on building operations and Lessor activities;
2. Providing access to Space for assessment and testing, if required; and
implementing corrective measures required by the LCO.
E. The Lessor shall provide to the Government material safety data sheets (MSDS) upon request for the following products prior to their use
during the term of the Lease: adhesives, caulking, sealants, insulating materials, fireproofing or firestopping materials, paints, carpets, floor and wall
patching or leveling materials, lubricants, clear finish for wood surfaces, janitorial cleaning products, pesticides, rodenticides, and herbicides. The
Government reserves the right to review such products used by the Lessor within:
1. The Space;
2. Common building areas;
3. Ventilation systems and zones serving the leased Space; and
4. The area above suspended ceilings and engineering space in the same ventilation zone as the leased Space.
F. Where hazardous gasses or chemicals (any products with data in the Health and Safety section of the MSDS sheets) may be present or
used, including large-scale copying and printing rooms, segregate areas with deck-to-deck partitions with separate outside exhausting at a rate of at
least 0.5 cubic feet per minute per SF, no air recirculation. The mechanical system must operate at a negative pressure compared with the
surrounding spaces of at least an average of 5 Pa (pascal) (0.02 inches of water gauge) and with a minimum of 1 Pa (0.004 inches of water gauge)
when the doors to the rooms are closed.
4.07 HAZARDOUS MATERIALS (ON AIRPORT) (APR 2011)
The leased Space shall be free of hazardous materials in compliance with all applicable Federal, state, and local environmental laws and regulations
including, but not limited to, the following:
A. The leased Space shall be free of all asbestos containing materials, except undamaged asbestos flooring in the Space or undamaged boiler
or pipe insulation outside the Space, in which case an asbestos management program conforming to EPA guidance shall be implemented.
B. The Lessor shall provide Space to the Government that is free from actionable mold and free from any conditions that reasonably can be
anticipated to permit the growth of actionable mold or are indicative of the possibility that actionable mold will be present ("Indicators").
1. Actionable mold is mold of types and concentrations in excess of that found in the local outdoor air.
2. The Lessor shall be responsible for conducting the remediation in accordance with the relevant provisions of the document entitled
"Mold Remediation in Schools and Commercial Buildings" (EPA 402-K-01-001, March 2001), published by EPA, as same may be amended or revised
from time to time, and any other applicable Federal, state, or local laws, regulatory standards, and guidelines.
3. The Lessor acknowledges and agrees that the Government shall have a reasonable opportunity to inspect the leased Space after
conclusion of the remediation. If the results of the Government's inspection indicate that the remediation does not comply with the plan or any other
applicable Federal, state, or local laws, regulatory standards, or guidelines, the Lessor, at its sole cost, expense, and risk, shall immediately take all
further actions necessary to bring the remediation into compliance.
4. If the Lessor fails to exercise due diligence, or is otherwise unable to remediate an actionable-mold problem, the Government may
implement a corrective action program and deduct its costs from the rent.
Attachment number 1 \nPage 12 of 34
Item # 5
LEASE NO. GS-04B-62631, PAGE 13 LESSOR: GOVERNMENT: _________________ GSA FORM L2010 (6/12)
SECTION 5 ADDITIONAL TERMS AND CONDITIONS
1) Exhibit "K reflects the current space layout that is to remain unchanged.
Attachment number 1 \nPage 13 of 34
Item # 5
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5
REPRESENTATIONS AND CERTIFICATIONS (Acquisition of Leasehold Interests In Real Property)
Lease Number
GS-04B-62631
Dated
INITIALS: ____________
LESSOR GOVERNMENT GSA FORM 3518G PAGE -I (REV 2111)
(1 )
Complete appropriate boxes, sign the form, and attach to offer.
The Offeror makes the following Representations and Certifications. NOTE: The "Offeror," as used on this form, is the owner of the property offered, not an Individual or agent representing the owner.
1. 52.222-22 - PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)
(Applicable to leases over $10,000.)
The Offeror represents that—
(a) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal
Opportunity clause of this solicitation;
(b) It [ ] has, [ ] has not filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by
proposed subcontractors, will be obtained before subcontract awards. (Approved by OMB under Control Number 1215-0072.)
2. 52.222-25 - AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
(Applicable to leases over $10,000 and which include the clause at FAR 52.222-26, Equal
Opportunity.)
The Offeror represents that—
(a) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at
each establishment affirmative action programs required by the rules and regulations of
the Secretary of Labor (41 CFR 60-1 and 60-2), or
(b) It [ 1 has not previously had contracts subject to the written affirmative action programs
requirement of the rules and regulations of the Secretary of Labor. (Approved by OMB
under Control Number 1215-0072.)
3. 52.203-02 - CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
(Applicable to leases over $100,000 average net annual rental, including option periods.)
(a) Each signature on the offer is considered to be a certification by the signatory that the
signatory—
Is the person in the Offeror's organization responsible for determining the prices being
offered in this bid or proposal, and that the signatory has not participated and will not
participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or
(2)(i)Has been authorized, in writing, to act as agent for the following principals in
certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above ______________________________________________________ [Insert full
name of person(s) in the Offeror's organization responsible for determining the
prices offered in this bid or proposal, and the title of his or her position in the
Offeror's organization];
(ii) As an authorized agent, does certify that the principals named in subdivision
(b)(2)(1) above have not participated, and will not participate,• in any action
contrary to subparagraphs (a)(1) through (a)(3) above; and
(iii) As an agent, has not personally participated, and will not participate, in action
contrary to subparagraphs (a)(1) through (a)(3) above.
Attachment number 1 \nPage 16 of 34
Item # 5
INITIALS: ____________
LESSOR GOVERNMENT GSA FORM 3518G PAGE 2 (REV 2/11)
(c) if the Offeror deletes or modifies subparagraph (a)(2) above, the Offeror must furnish with its
offer a signed statement setting forth in detail the circumstances of the disclosure.
4. 52.204-3 - TAXPAYER IDENTIFICATION (OCT 1998)
(a) Definitions.
"Common parent," as used in this provision, means that corporate entity that owns or
controls an affiliated group of corporations that files Its Federal income tax returns on a
consolidated basis, and of which the Offeror is a member.
"Taxpayer Identification Number (TIN)," as used in this provision, means the number
required by the internal Revenue Service (IRS) to be used by the Offeror in reporting
income tax and other returns. The TIN may be either a Social Security Number or an
Employer Identification Number.
(b) All Offerors must submit the information required In paragraphs (d) through (f) of this
provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d),
reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing
regulations issued by the IRS. If the resulting contract is subject to the payment reporting
requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal
by the Offeror to furnish the Information may result in a 31 percent reduction of payments
otherwise due under the contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the Offeror's relationship with the Government (31 U.S.C. 7701(0)(3)). if the
resulting contract is subject to the payment reporting requirements described in FAR 4.904,
the TIN provided hereunder may be matched with IRS records to verify the accuracy of the Offeror's TIN.
(d) Taxpayer Identification Number (TIN).
T I N : _ _ _ _
TIN has been applied for. TIN is not required because:
Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not
have income effectively connected with the conduct of a trade or business in the
United States and does not have an office or place of business or a fiscal paying
agent in the United States;
Offeror is an agency or instrumentality of a foreign government;
Offeror is an agency or instrumentality of the Federal government;
{e) Type of organization.
1 Sole proprietorship;
[] Partnership;
[ 1 Corporate entity (not tax-exempt);
[ ] Corporate entity (tax-exempt);
(1) Common Parent.
[x] Government entity (Federal, State, or local);
[ Foreign government;
[ j International organization per 26 CFR
1.6049-4; [ Other
[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of
this provision.
[ ] Name and TIN of common parent:
Name
TIN
5. 52.204-6 — Data Universal Numbering System (DUNS) Number (OCT 2003)
(a) The Offeror shall enter, in the block with its name and address an the cover page of its offer,
the annotation "DUNS" or "DUNS+4" followed by the DUNS number or "DUNS+4" that
identifies the Offeror's name and address exactly as stated in the offer. The DUNS number
Attachment number 1 \nPage 17 of 34
Item # 5
I
INITIALS: _____________
LESSOR GOVERNMENT GSA FORM 35180 PAGE 3 (REV 2/41)
is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 Is the DUNS
number plus a 4-character suffix that may be assigned at the discretion of the Offeror to
establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT)
accounts (see Subpart 32.11) for the same parent concern.
(b) If the Offeror does not have a DUNS number, it should contact Dun and Bradstreet directly
to obtain one.
(1) An Offeror may obtain a DUNS number—
(i) If located within the United States, by calling Dun and Bradstreet at 1-866-7055711 or via the Internet at htto://www.dnb.com; or
(ii) If located outside the United States, by contacting the local Dun and
Bradstreet office.
(2) The Offeror should be prepared to provide the following Information:
(I) Company legal business name.
(ii) Trade style, doing business, or other name by which your entity is commonly
recognized. (iii Company physical street address, city, state and zip code.
(iv) Company mailing address, city, state and zip code (if separate from physical).
(v) Company telephone number.
(vi Date the company was started.
(vii Number of employees at your location.
(viii Chief executive officer/key manager.
(ix Line of business (industry).
(x Company Headquarters name and address (reporting relationship within your
entity).
6. DUS UMBER (JU 2004)
Notwithstanding the above instructions, in addition to inserting the DUNS Number on the offer
cover page, the Offeror shall also provide its DUNS Number as part of this submission:
.DUNS #
7. CETRAL COTRACTOR REGISTRATIO (JAN 2007)
The Central Contractor Registration (CCR) System is a centrally located, searchable database which assists in the development, maintenance, and provision of sources for future procurements.
The Offeror must be registered in the CCR prior to lease award. The Offeror shall register via the
Internet at http://www.ccr.gov. To remain active, the Offeror/Lessor is required to update or renew
its registration annually.
Di Registration Active and Copy Attached
j Will Activate Registration and Submit Copy to the Government Prior to Award
OFFEROR OR
AUTHORIZED
REPRESENTATIVE
NAME, ADDRESS (INCLUDING ZIP CODE)
NAME
STREET
CITY, STATE, ZIP
Signature
TELEPHONE
NUMBER
Date
Attachment number 1 \nPage 18 of 34
Item # 5
INITIALS: _____________
LESSOR GOVERNMENT GSA FORM 3517G PAGE 1 (REV 02/11)
ON-AIRPORT GENERAL CLAUSES
(Acquisition of Leasehold Interests in Real Property)
CATEGORY CLAUSE NO. 48 CFR REF. CLAUSE TITLE
DEFINITIONS 1 552.270-4 Definitions (Variation)
GENERAL 2 552.270-11 Successors Bound
3 552.270-23 Subordination, Nondisturbance and
Attornment .
4 552.270-24 Statement of Lease
5 552.270-25 Substitution of Tenant Agency
6 552.270-26 No Waiver
7 552.270-27 Integrated Agreement
8 552.270-28 Mutuality of Obligation
PERFORMANCE 9 552.270-17 Delivery and Condition
10 552.270-21 Effect of Acceptance and Occupancy
11 552.270-6 Maintenance of Building and Premises—
Right of Entry (Variation)
12 552.270-1 0 Failure in Performance
13 552.270L22 Default by Lessor During the Term
14 552.270-7 Fire and Casualty Damage
15 552.270-8 Compliance with Applicable Law
16 552.270-12 Alterations
INSPECTION 17 552.270-9 Inspection—Right of Entry
PAYMENT 18 52.204-7 Central Contractor Registration (Variation)
19 552.232-75 Prompt Payment
20 552.232-76 Electronic Funds Transfer Payment
(Variation)
21 52.232-23 Assignment of Claims
22 552.270-20 Payment (Variation)
STANDARDS OF CONDUCT 23 552.203-5 Covenant Against Contingent Fees
24 52.203-7 Anti-Kickback Procedures
ADJUSTMENTS 25 552.203-70 Price Adjustment for Illegal or Improper
Activity
26 552.270-14 Changes (Variation)
.. . .
AUDITS 27 552.215-70 Examination of Records by GSA
28 52.215-2 Audit and Records—Negotiation
DISPUTES 29 52.233-1 Disputes
LABOR STANDARDS 30 52.222-21 Prohibition of Segregated Facilities
SUBCONTRACTING 31 52.209-6 Protecting the Governments Interest When
Subcontracting With Contractors Debarred,
Suspended, or Proposed for Debarment
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 pursuant to the Paperwork
Reduction Act and assigned the OMB Control No. 3090-0163.
Attachment number 1 \nPage 19 of 34
Item # 5
INITIALS: ____________
LESSOR GOVERNMENT GSA FORM 3617G PAGE 2 (REV 02/11)
(e)
(f).
GENERAL CLAUSES
(Acquisition of Leasehold Interests in Real Property)
1. 552.270-4 DEFINITIONS (SEP 1999) (VARIATION)
The following terms and phrases (except as otherwise expressly provided or unless the context
otherwise requires) for all purposes of this lease shall have the respective meanings hereinafter
specified:
(a) "Commencement Date" means the first day of the term.
(b) "Contract" and "Contractor" means "Lease" and "Lessor," respectively,
(c) "Contracting Officer" means a person with the authority to enter into, administer, and/or
terminate contracts and make related determinations and findings. The term Includes
certain authorized representatives of the Contracting Officer acting within the limits of their
authority as delegated by the Contracting Officer,
(d) "Delivery Date" means the date specified in or determined pursuant to the provisions of this
lease for delivery of the premises to the Government, improved In accordance with
the provisions of this lease and substantially complete, as such date may be modified
in accordance with the provisions of this lease.
"Delivery Time" means the number of days provided by this lease for delivery of the
premises to the Government, as such number may be modified in accordance with the
provisions of this lease.
"Excusable Delays" mean delays arising without the fault or negligence of Lessor and
Lessor's subcontractors and suppliers at any tier, and shall include, without limitation:
1 acts of God or of the public enemy,
2 acts of the United States of America in either its sovereign or contractual capacity,
3 acts of another contractor in the performance of a contract with the Government,
4 fires,
5 floods,
6 epidemics,
7 quarantine restrictions,
8 strikes, 9 freight embargoes,
(10 unusually severe weather, or
(11) delays of subcontractors or suppliers at any tier arising from unforeseeable causes
beyond the control and without the fault or negligence of both the Lessor and any such
subcontractor or supplier.
(g) "Lessor" means the sub-lessor if this lease is a sublease.
(h) "Lessor shall provide" means the Lessor shall furnish and install at Lessor's expense.
(i) "Notice" means written notice sent by certified or registered mail, Express Mail or Comparable service, or delivered by hand. Notice shall be effective on the date delivery is
accepted or refused.
(j) "Premises" means the space described .on the Standard Form 2, U.S. Government Lease
for Real Property, of this lease.
(I) "Substantially complete" and "substantial completion" means that the work, the, common and
other areas of the building, and all other things necessary for the Government's access to the
premises and occupancy, possession, use and enjoyment thereof, as provided In this lease,
have been completed or obtained, excepting only such minor matters as do not interfere with
or materially diminish such access, occupancy, possession, use or enjoyment.
(m) "Usable square feet" means the ANSI/BOMA Z65.1-1996 definition for BOMA usable office
area, which means "The area where a tenant normally houses personnel and/or furniture,
for which a measurement is to be computed."
(n) "Work" means all alterations, improvements, modifications, and other things required for the
preparation or continued occupancy of the premises by the Government as specified in this
lease.
Attachment number 1 \nPage 20 of 34
Item # 5
INITIALS: ___________
LESSOR GOVERNMENT GSA FORM 35170 PAGE 3 (REV 02/11)
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: 652.270-23 SUBORDINATION, NONDISTURBANCE AND ATTORNMENT (SEP 1999)
(a) Lessor warrants that it holds such title to or other interest in the premises and other
property as is necessary to the Government's access to the premises and full use and
enjoyment thereof in accordance with the provisions of this lease. Government agrees, in
consideration of the warranties and conditions set forth in this clause, that this lease is
subject and subordinate to any and all recorded mortgages, deeds of trust and other liens
now or hereafter existing or imposed upon the premises, and to any renewal, modification or
extension thereof. It is the intention of the parties that this provision shall be self-operative
and that no further instrument shall be required to effect the present or subsequent
subordination of this lease. Government agrees, however, within twenty (20) business days
next following the Contracting Officer's receipt. of a written demand, to execute such
instruments as Lessor may reasonably request to evidence further the subordination of this
lease to any existing or future mortgage, deed Of trust or other security interest pertaining to
the premises, and to any water, sewer or access easement necessary or desirable to serve
the premises or adjoining property owned in whole or in part by Lessor if such easement
does not interfere with the full enjoyment of any right granted the Government under this
lease.
(b) No such subordination, to either existing or future mortgages, deeds of trust or other lien
or security instrument shall operate to affect adversely any right of the Government under
this lease so long as the Government is not in default under this lease, Lessor will include in
any future mortgage, deed of trust or other security instrument to which this lease becomes
subordinate, or in a separate nondisturbance agreement, a provision to the foregoing effect.
Lessor warrants that the holders of all notes or' other obligations secured by existing
mortgages, 'deeds of trust or other security instruments have consented to the provisions of
this clause, and agrees to provide true copies of all such consents to the Contracting Officer
promptly upon demand.
(c) In the event of any sale of the premises or any portion thereof by foreclosure of the lien of
any such mortgage, deed of trust or other security instrument, or the giving of a deed in lieu of
foreclosure, the Government will be deemed to have attorned to any purchaser, purchasers,
transferee or transferees of the 'premises Or any portion thereof and its or their successors
and assigns, and any such purchasers and transferees will be deemed to have assumed all
obligations of the Lessor under this lease, so as to establish direct privity of estate and
contract between Government and such purchasers or transferees, with the same force, effect and relative priority in time and right as if the lease had Initially been entered into
between such purchasers or transferees and the Government; provided, further, that the
Contracting Officer and such purchasers or transferees shall, with reasonable promptness
following any such sale or deed delivery in lieu of foreclosure, execute all such revisions to
this lease, or other writings, as shall be necessary to document the foregoing relationship.
(d) None of the foregoing provisions may be deemed or construed to imply a waiver of the
Government's rights as a sovereign.
4. 552.270-24 STATEMENT OF LEASE (SEP 1999)
(a) The Contracting Officer will, within thirty 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:
(t) 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 promises or building;
(3) That the Contracting Officer does not warrant or represent that the premises or
Attachment number 1 \nPage 21 of 34
Item # 5
INITIALS: _____________
LESSOR GOVERNMENT GSA FORM 3517G PAGE 4 (REV 02/11)
building comply with applicable Federal, State and local law; and
(4) That the Lessor, and each prospective lender and purchaser are deemed to have
constructive notice of such facts as would be ascertainable by reasonable prepurchase
and precommitment Inspection of the Premises and Building and by inquiry to
appropriate Federal, State and local Government officials.
5. 552.270-25 SUBSTITUTION OF TENANT AGENCY
The Government may, at any time and from time to time, substitute any Government agency or
agencies doing business on the airport premises 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, 552.270-27 INTEGRATED AGREEMENT (SEP 1999)
This Lease, upon execution, contains the entire agreement of the parties and no prior written or oral
agreement, express or implied, shall be admissible to-contradict the provisions of the Lease.
8. 552.270-28 MUTUALITY OF OBLIGATION (SEP 1999)
The obligations and covenants of the Lessor, and the-Governments 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 breath by the
Government of this lease.
9. 552.270-17 DELIVERY AND CONDITION (SEP 1999)
(a)- Unless the Government elects to have the space occupied in increments, the space must be
delivered ready for occupancy as a complete unit.
(b) If the premises do not in every respect comply with the provisions of this lease the
Contracting Officer may, in accordance with the Failure in Performance clause of this lease, elect
to reduce the rent payments.
10. 552.270-21 EFFECT OF ACCEPTANCE AND OCCUPANCY (SEP 1999)
Neither the Government's acceptance of the premises for occupancy, nor the Government's
occupancy thereof, shall be construed as a waiver of any requirement of or right of the Government
under this Lease, or as otherwise prejudicing the Government with respect to any such requirement
or right.
11. 552.270-6 MAINTENANCE OF BUILDING AND PREMISES—RIGHT OF ENTRY (SEP 1999)
(VARIATION)
Except in case of damage arising out of the willful act or negligence of a Government employee,
Lessor shall maintain the premises, including the building, building systems, and all equipment,
fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and condition
so that they are suitable in appearance and capable of supplying such heat, air conditioning, light,
ventilation, safety systems, access and other things to the premises, without reasonably
preventable or recurring disruption, as is required for the Government's_ access to, occupancy,
possession, use and enjoyment of the premises as provided in- his 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.
Attachment number 1 \nPage 22 of 34
Item # 5
INITIALS: _____________
LESSOR GOVERNMENT GSA FORM 35170 PAGE 5 (REV 02(11)
12. 552.270-10 FAILURE IN PERFORMANCE (SEP 1999)
The covenant to pay rent and the covenant to provide any service, utility, maintenance, or repair required under this lease are interdependent. In the event of any failure by the Lessor to provide
any service, utility, maintenance, repair or replacement required under this lease the Government
may, by contract or otherwise, perform the requirement and deduct from any payment or payments
under this lease, then or thereafter due, the resulting cost to the Government, including all
administrative costs. If the Government elects to perform any such requirement, the Government
and each of its contractors shall be entitled to access to any and ail areas of the building, access to
which is necessary to perform any such requirement, and the Lessor shall afford and facilitate such
access. Alternatively, the Government may deduct from any payment under this lease, then or
thereafter due, an amount which reflects the reduced value of the contract requirement not
performed. No deduction from rent pursuant to this clause shall constitute a default by the Government under this lease. These remedies are not exclusive and are in addition to any other
remedies which may be available under this lease or at law.
13. 552.270-22 DEFAULT BY LESSOR DURING THE TERM (SEP 1999)
(a) Each of the following shall constitute a default by Lessor under this lease:
(1) Failure to maintain, repair, operate or service the premises as and when specified in
this lease, or failure to perform any other requirement of this lease as and when
required provided any such failure shall remain uncured for a period of thirty (30)
days next following Lessor's receipt of notice -thereof from the Contracting Officer or
an authorized representative.
(2) Repeated and unexcused failure by Lessor to comply with one or more requirements
of this lease shall constitute a default notwithstanding that one or all such failures shall
have been timely cured pursuant to this clause.
14. 552.270-7 FIRE AND CASUALTY DAMAGE (SEP 1999)
If the entire premises are destroyed by fire or other casualty, this lease will immediately
terminate. In case of partial destruction or damage, so as to render the premises untenantable,
as determined by the Government, the Government may terminate the lease by giving written
notice to the Lessor within 15 calendar days of the fire or other casualty; if so terminated, no rent
will accrue to the Lessor after such partial destruction or damage; and if not so terminated, the
rent will be reduced proportionately by supplemental agreement hereto effective from the date of
such partial destruction or damage. Nothing in this lease shall be construed as relieving Lessor
from liability for damage to or destruction of property of the United States of America caused by the willful or negligent act or omission of Lessor.
15. 552.270-8 COMPLIANCE WITH APPLICABLE LAW (SEP 1999)
Lessor shall comply with all Federal, state and local laws applicable to the Lessor as owner or
Lessor, or both, of the building or premises, including, without limitation, laws applicable to the
construction, ownership, alteration or operation of both or either thereof, and will obtain all
necessary permits, licenses and similar items at Lessor's expense. The Government will comply
with all Federal, State and local laws applicable to and enforceable against it as a tenant under this
lease; provided that nothing in this lease shall be construed as a waiver of any sovereign immunity
of the Government. This lease shall be governed by-Federal law.
16. 552.270-12 ALTERATIONS (SEP 1999)
The Government shall have the right during the existence of this lease to make alterations, attach
fixtures, and erect structures or signs in or upon the premises hereby leased, which fixtures,
additions or structures so placed in, on, upon, or attached to the said premises shall be and remain
the property of the Government and may be removed or otherwise disposed of by the Government.
If the lease contemplates that the Government is the sole. occupant of the building, for purposes of
this clause, the leased premises include the land on which the building is sited and the building
itself—Otherwise, the Government shall have the right to tie into or make any physical connection
with any structure located on the property as is reasonably necessary for appropriate utilization of
the leased space.
Attachment number 1 \nPage 23 of 34
Item # 5
1
17. 552.270-9 INSPECTION—RIGHT OF ENTRY (SEP 1999)
(a) At any time and from time to time after receipt of an offer (until the same has been duly
withdrawn or rejected), after acceptance thereof and during the term, the agents, employees
and contractors of the Government may, upon reasonable prior notice to Offeror or Lessor,
enter upon the offered premises or the premises, and all other areas of the building access
to which Is necessary to accomplish the purposes of entry, to determine the potential or actual compliance by the Offeror or Lessor with the requirements of the solicitation or this
lease, which purposes shall include, but not be limited to:
(1) inspecting, sampling and analyzing of suspected asbestos-containing materials and
air monitoring for asbestos fibers;
(2) Inspecting the heating, ventilation and air conditioning system, maintenance records,
and mechanical rooms for the offered premises or the premises;
(3) inspecting for any leaks, spills, or other potentially hazardous conditions which may
involve tenant exposure to hazardous or toxic substances; and
(4) Inspecting for any current or past hazardous waste operations, to ensure that
appropriate mitigative actions were .taken to alleviate any environmentally unsound
activities In accordance with Federal, State and local law.
(b) Nothing in this clause shall be construed to create a Government duty to inspect for toxic
materials or to impose a higher standard of care on the Government than on other lessees.
The purpose of this clause is to promote the ease with which the Government may inspect the building. Nothing in this clause shall act to relieve the Lessor of any duty to inspect or
liability which might arise as a result of Lessor's failure to inspect for or correct a hazardous
condition.
18. 52.204-7 CENTRAL CONTRACTOR REGISTRATION (OCT 2003) (VARIATION)
(a) Definitions. As used in this clause—
"Central Contractor Registration (CCR) database" means the primary Government repository
for Contractor information required for the conduct of business with the Government.
"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by
Dun and Bradstreet, Inc. (D&B) to identify unique business entities.
"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number
assigned by D&B plus a 4-character suffix that may be assigned by a business concern.
(D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned
at the discretion of the business concern to establish additional CCR records for identifying
alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.
"Offeror" means the owner of the property offered, not an individual or agent representing the
owner.
"Registered in the CCR database" means that—
(1) The Contractor has entered all mandatory information, including the DUNS number or
the DUNS+4 number, into the CCR database; and
(2) The Government has validated all mandatory data fields and has marked the record
"Active,"
(b) (1) By submission of an offer, the Offeror acknowledges the requirement that a
prospective awardee must be registered with D&B and in the CCR database prior to
award, during performance, and through final payment of any contract resulting from
this solicitation.
(c)
(2) The Offeror shall enter in the appropriate block, on the GSA Form 3518, entitled
Representations and Certifications, the legal entity's name and address, followed by
the DUNS or DUNS +4 number that identifies the Offeror's name and address exactly
as stated In the offer. The DUNS number will be used by the Contracting Officer to verify that the Offeror is registered in the CCR database.
if the Offeror does not have a DUNS number, It should contact Dun and Bradstreet directly
to obtain one.
INITIALS: _____________ a ___________
LESSOR GOVERNMENT GSA FORM 3517G PAGE 6 (REV 02/11)
Attachment number 1 \nPage 24 of 34
Item # 5
INITIALS: _____________
LESSOR GOVERNMENT GSA FORM 35170 PAGE 7EV qvii)
(g)
(1) An Offeror may obtain a DUNS number—
(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-
5711 or via the Internet at http://vvwvv.dnb.com; or
(II) If located outside the United States, by contacting the local Dun and Bradstreet
office,
(2) The Offeror should be prepared to provide the following information: (I Company legal business.
(ii) Tradestyle, doing business, or other name by which your entity is commonly
recognized.
-(ill Company Physical Street Address, City, State, and ZIP Code.
(iv Company Mailing Address, City, State and ZIP Code (if separate from physical).
(v Company Telephone Number. (vi Date the company was started.
(vii Number of employees at your location.
(viii Chief executive officer/key manager.
(ix Line of business (industry).
(x Company Headquarters name and address (reporting relationship within your
entity).
If the Offeror does not become registered in the CCR database in the time prescribed by
the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise
successful registered Offeror.
Processing time, which normally takes 48 hours, should be taken Into consideration when
registering. Offerors who are not registered should consider applying for registration
immediately upon receipt of this solicitation.
The Contractor is responsible for the accuracy and completeness of the data within the
CCR database, and for any liability resulting from the Government's reliance, on inaccurate
or incomplete data. To remain registered in the CCR database after the initial registration,
the Contractor is required to review and update on an annual basis from the date of initial
registration or subsequent updates its information in the CCR• database to ensure it is
Current, accurate and complete. Updating information in the. CCR does not alter the terms
and conditions. of this contract and is not a substitute for a properly executed contractual
document.
(1) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the
assets used in performing the contract, the Contractor shall comply with the
requirements of Subpart 42.12 of the Federal Acquisition- Regulations (FAR) and
provide the responsible Contracting Officer a fully revised and initialed/signed GSA
Form 3518, entitled Representations and Certifications, along with written notification
of-its intention to (A) change the name in the CCR database; and (B) provide the
Contracting Officer with' sufficient documentation to verify and confirm the legally changed name or change in ownership.
(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(1) of
this clause, or fails to perform the agreement at paragraph (g)(1)(1)(C) of this clause,
and, in the absence of a properly executed novation or change-of-name agreement,
the CCR information that shows the Contractor to be other than the Contractor
Indicated in the contract will be considered to be incorrect information within the
meaning of the "Suspension of Payment" paragraph of the electronic funds transfer
(EFT) clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual
payments, as appropriate, in the CCR record to reflect an assignee for the purpose of
assignment of claims. Assignees shall be separately registered In the CCR database.
Information provided to the Contractor's CCR record that indicates payments, including those
made by EFT, to an ultimate recipient other than that Contractor will be considered to be
incorrect information.
(h) Offerors and Contractors may obtain information on registration and annual confirmation
requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-
961-5757.
Attachment number 1 \nPage 25 of 34
Item # 5
LESSOR. . . GOVERNMENT GSA FORM 3517G PAGE 8 (REV 02111)
(1 )
19. 552.232-75 PROMPT PAYMENT (SEP 1999)
The Government will make payments under the terms and conditions specified in this clause.
Payment shall be considered as being made on the day a check is dated or an electronic funds
transfer is made. All days referred to in this clause are calendar days, unless otherwise specified.
(a) Payment due date.
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 le 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.
(b)
(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 30 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.
Invoice and inspection requirements for payments other than rent.
(1) The Contractor shall prepare and submit an invoice to the designated billing office after completion of the work. A proper invoice shall include the following items:
(i Name and address of the Contractor.
(ii Invoice date.
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 7 days after the receipt of a proper invoice or notification of
completion of the work or services unless a different period is specified at the time the
order is placed. If actual acceptance occurs later, for the purpose of determining the
payment due date and calculation of interest, acceptance will be deemed to occur on
the last day of the 7-day inspection period. If the work or service is rejected for failure
to conform .to .the technical requirements of the. contract. the 7 days. will be. counted
beginning with receipt of a new invoice or notification. In either case, the Contractor is
not entitled to any payment or interest unless actual acceptance by the Government
occurs.
(c) Interest Penalty.
(1) An interest penalty shall be paid automatically by the Government, without request
from the Contractor, If payment is not made by the due date.
(2) The interest penalty shall be at the rate established by the Secretary of the Treasury
under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect
on the day after the due date. This rate is referred to as the "Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about
January 1 and July 1. The interest penalty shall accrue daily on the payment amount
approved by the Government and be compounded in 30-day increments inclusive
from the first day after the due date through the payment date.
INITIALS: ______________
Attachment number 1 \nPage 26 of 34
Item # 5
INMALS: ____________
LESSOR GOVERNMENT GSA FORM 3517G PAGE 9 (REV 02111)
(C)
(3) Interest penalties will not continue to accrue after the filing of a claim for such
penalties under the clause at 52.233-1, Disputes, or for more than 1 year. Interest
penalties of less than $1.00 need not be paid.
(4) Interest penalties are not required on payment delays due to disagreement between
the Government and Contractor over the payment amount or other issues involving
contract compliance or on amounts temporarily withheld or retained In accordance
with the terms of the contract. Claims involving disputes, and any Interest that may be
payable, will be resolved in accordance with the clause at 52.233-1, Disputes.
20. 552.232-76 ELECTRONIC FUNDS TRANSFER PAYMENT (MAR 2000) (VARIATION)
(a) The Government will make payments under this lease by electronic funds transfer (EFT). The
Lessor must, no later than 30 days before the first payment:
(1) Designate a financial institution for receipt of EFT payments.
(2) Submit this designation to the Contracting Officer or other Government official, as
directed.
(b) The Lessor must provide the following information:
(1) The American Bankers Association 9-digit identifying number for Automated
Clearing House (ACH) transfers of the financing institution receiving payment if the
institution has access to the Federal Reserve Communications System.
(2) -Number of account to which funds are to be-deposited.
(3) Type-of depositor account ("C" for checking, "S" for savings).
If the Lessor, during the performance of this contract, elects to designate a different financial
. . .
Institution for the receipt of any payment, the appropriate Government official must receive
notice of such change and the required information specified above no later than 30 days
before the date such change is to become effective: •
(d) The documents furnishing the information required in this clause must be dated-
and contain the: -
(e)
(1) Signature, title, and telephone number of the Lessor or the Lessor's authorized
representative.
(2) Lessor's name.
(3) Lease number.
Lessor's failure to properly designate a financial institution or to provide appropriate payee
bank account information may delay payments of amounts otherwise properly due.
,,52.232-21 ASSIGNMENT OF CLAIMS (JAN
1986) (Applicable to leases over $2,500.)
(a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (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.
Attachment number 1 \nPage 27 of 34
Item # 5
LESSOR GOVERNMENT GSA FORM 3517G PAGE 10 (REV 02/11)
(a)
(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.
22. 552.270-20 PAYMENT (SEP 1999) (VARIATION)
When space is offered and accepted, the ANS1IBOMA Office Area square footage
delivered will be confirmed by:
(1) the Government's measurement of plans submitted by the successful Offeror as
approved by the Government, and an inspection of the space to verify that the delivered
space is in conformance with such plans or
(2) a mutual on-site measurement of the space, if the Contracting Officer determines
that it is necessary.
(b) Payment will not be made for space which is in excess of the amount of ANSI/BOMA Office
Area square footage stated In the lease.
(c) If it is determined that the amount of ANSI/BOMA Office Area square footage actually
delivered is less than the amount agreed to in the lease, the lease will be modified to reflect
the amount of Usable space delivered and the annual rental will be adjusted as follows:
Usable square feet not delivered multiplied by the ANSI/BOMA Office Area square foot
(USF) rate equals the reduction in annual rent. The rate per USF is determined by dividing the total annual rental by the Usable square footage set forth in the lease,
USF Not Delivered X Rate per USF =, Reduction in Annual Rent.
23. 552.203-5 COVENANT AGAINST CONTINGENT FEES (FEB 1990)
(Applicable to leases over $100,000.)
(a) The Contractor warrants that no person-or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona
fide employee or agency. For breach or violation of this warranty, the Government shall have
the right to annul this contract without liability or, in its discretion, to deduct from the contract
price or consideration, or otherwise recover the full amount of the contingent fee.
(b) "Bona fide agency," as used in this clause, means an established commercial or selling
agency (including licensed real estate agents or brokers), maintained by a Contractor for
the purpose of securing business, that neither exerts nor proposes to exert improper
influence to solicit or obtain Government contracts nor holds itself out as being able to
obtain any Government contract or contracts-through improper influence.
"Bona fide employee," as used in this clause, means a person, employed by a Contractor
and subject to the Contractor's supervision and control as to time, place, and manner of
performance, who neither exerts nor proposes to exert improper influence to solicit or
obtain Government contracts nor holds out as being able to obtain any Government
contract or contracts through improper influence.
"Contingent fee," as used in this clause, means any commission, percentage,, brokerage, or
other fee that is contingent upon the success that a person or concern has in securing a
Government contract.
"Improper influence," as used in this clause, means any influence that induces or tends to
induce a Government employee or officer to give consideration or to act regarding a
Government contract on any basis other than the merits of the matter.
24. 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)
(Applicable to leases over $100,000 average net annual rental, including option
periods.) (a) Definitions.
"Kickback,' as used in this clause, means any money, fee, commission, credit, gift, gratuity,
thing of value, or compensation of any kind which Is provided, directly or indirectly, to any
prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for
Attachment number 1 \nPage 28 of 34
Item # 5
INITIALS: ____________
LESSOR GOVERNMENT GSA FORM 3517G PAGE 11 (REV 02/11)
(b)
(3)
the purpose of Improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.
"Person," as used in this clause, means a corporation, partnership, business association of
any kind, trust, joint-stock company, or individual.
"Prime contract," as used in this clause, means a contract or contractual action entered into
by the United States for the purpose of obtaining supplies, materials, equipment, or
services of any kind.
"Prime Contractor," as used in this clause, means a person who has entered into a prime
contract with the United States.
"Prime Contractor employee," as used in this clause, means any officer, partner,
employee, or agent of a prime Contractor.
Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials,
equipment, or services of any kind under a prime contract.
"Subcontractor," as used in this clause, (1) means any person, other than the prime
Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or
services of any kind under a prime contract or a subcontract entered into in connection with
such prime contract, and (2) includes any person who offers to .furnish or furnishes general
supplies to the prime Contractor or a higher tier subcontractor.
"Subcontractor employee," as used in this clause, means any officer, partner, employee, or
agent of a subcontractor.
The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from-
(1).Providing or attempting to provide or offering to provide any kickback;
(2) Soliciting, accepting, or attempting to accept any kickback; or
(3) Including, directly or indirectly, the amount of any kickback in the contract price
charged by a prime Contractor to the United States or in the contract price charged
by :a subcontractor to a prime Contractor or higher tier subcontractor.
(c) (1) The Contractor shall have in place and follow reasonable procedures designed to
prevent and detect possible violations described in paragraph (b) of this clause in its
own operations and direct business relationships.
(2) When the Contractor has reasonable grounds to believe that a violation described in
paragraph (b) of this clause may have occurred, the Contractor shall promptly report
in writing the possible violation. Such reports shall be made to the inspector general
of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice.
The Contractor shall cooperate fully with any Federal agency investigating a
possible violation described in paragraph (b) of this clause.
(4) The Contracting Officer may (1) offset the amount of the kickback
against-any monies. owed by the United States under the prime contract and/or (ii)
direct that the Prime Contractor withhold from sums owed a subcontractor under the
prime contract, the amount of the kickback. The Contracting Officer may order that
monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under
subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the
Contracting Officer when the monies are withheld.
(5) The Contractor agrees to Incorporate the substance -of this clause, including
paragraph (c)(5) but excepting paragraph (c)(1.), for all subcontracts under this
contract which exceed $100,000.
Attachment number 1 \nPage 29 of 34
Item # 5
INITIALS: ___________
LESSOR GOVERNMENT GSA FORM 3517G PAGE '12 (REV 02111)
(a)
(1)
(3)
(c)
25. 552.203-70 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1999)
(Applicable to leases over $100,000.)
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—
Reduce the monthly rental under this lease by 5 percent of the amount of the rental
for each month of the remaining term of the lease, including any option periods, and recover 5 percent of the rental already paid;
(2) Reduce payments for alterations not included in monthly rental payments by 5
percent of the amount of the alterations agreement; or
Reduce the payments for violations by a Lessor's subcontractor by an amount not to
exceed the amount of profit or fee reflected in the subcontract at the time the
subcontract was placed.
(b) . Prior to making a determination as set forth above, the HCA or designee shall provide to the Lessor a written notice of the action being considered and the
basis therefor. The Lessor shall have a period determined by the agency head or designee,
but not less than 30 calendar days after receipt of such notice, to submit in person, in
writing, or through a representative, information and argument in opposition to the
proposed reduction. The agency head or designee may, upon good cause shown,
determine to deduct less than the above amounts from payments.
(c) The rights and remedies of the Government specified herein are not exclusive, and are in
addition to any other rights and remedies provided by law or under this lease.
26. 552.270-14 CHANGES (SEP 1999) (VARIATION)
(a). The Contracting Officer may at any time, by written order, make changes within the general
scope of this lease in any one or more of the following, provided the Lessor consents to the
change:
(1) Specifications (including drawings and designs);
(2) Work or services;
(3) Facilities or space layout; or
(4) Amount of space.
(b) If any such change causes an increase or decrease in Lessor's cost of or the time required
for performance under this lease, whether or not changed by the order, the Contracting
Officer shall modify this lease to provide for one or more of the following:
(1) A modification-of the delivery date;
(2) An equitable adjustment in the rental rate;
(3) A lump sum equitable adjustment; or
(4) An equitable adjustment of the annual operating costs per ANSIIBOMA Office Area
square foot specified in this lease.
The Lessor shall assert its right to an adjustment under this clause within 30 days from the date of receipt of the change order and .shall submit a proposal for adjustment. Failure to
agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in
this clause shall excuse the Lessor from proceeding with the change as directed.
(d) Absent such written change order, the Government shall not be liable to Lessor under
this clause.
Attachment number 1 \nPage 30 of 34
Item # 5
INITIALS: _______________ -& _______________
LESSOR GOVERNMENT GSA FORM 3517G PAGE 13 (REV 02/11)
(c)
27. 552.215-70 EXAMINATION OF RECORDS BY GSA (FEB 1996)
The Contractor agrees that the Administrator of General Services or any duly authorized
representative shall, until the expiration of 3 years after final payment under this contract, or of
the time periods for the particular records specified In Subpart 4.7 of the Federal Acquisition
Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any
books, documents, papers, and records of the Contractor Involving transactions related to this
contract or compliance with any clauses thereunder. The Contractor further agrees to include in all
Its subcontracts hereunder a provision to the effect that the subcontractor agrees that the
Administrator of General Services or any duly authorized representatives shall, until the expiration
of 3 years after final payment under the subcontract, or of the time periods for the particular
records specified In Subpart 4,7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever
expires earlier, have access to and the right to examine any books, documents, papers, and
records of such subcontractor involving transactions related to the subcontract or compliance with
any clauses thereunder. The term "subcontract" as used in this clause excludes (a) purchase
orders not exceeding $100,000 and (b) subcontracts or purchase orders for public utility services
at rates established for uniform applicability to the general public.
28. 52.215-2 AUDIT AND RECORDS—NEGOTIATION (JUN 1999)
(a) As used in this clause, records" includes books, documents, accounting procedures and
practices, and other data, regardless of type and regardless of whether such items are in
-written form, in the form of computer data, or in any other form. •
(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-
hour, or price redeterminable contract, or any combination of these, the Contractor shall
maintain and the Contracting Officer, or an authorized representative of the Contracting
Officer, shall have the right to examine and audit all records and ether evidence sufficient to
reflect properly all costs claimed to have been incurred or anticipated .to be incurred directly
or indirectly in performance of this contract. This right of examination shall include inspection
at all reasonable times of the Contractor's plants, or parts of them, engaged in performing
the contract.
Cost or pricing data. if the Contractor has been required to submit cost or pricing data in
connection with any pricing action relating to this contract, the Contracting Officer, or an
authorized representative of the Contracting Officer, in order to evaluate the accuracy,
completeness, and currency of the cost or pricing data, shall have the right to examine and
audit all-Of the Contractor's records, including computations and projections, related to—
(1) The proposal for the contract, subcontract, or modification;
(2) The discussions conducted on the proposal(s), including those related to negotiating;
· (3) Pricing of the contract, subcontract, or
modification; or (4) Performance of the contract, subcontract or
modification.
(d) Comptroller General.
(1) The Comptroller General of the United States, or an authorized representative, shall have
access to and the right to examine any of the Contractor's directly pertinent records
involving transactions related to this contract or a subcontract hereunder.
(2) This paragraph may not be construed to require the Contractor or subcontractor to
create or maintain any record that the Contractor or subcontractor does not maintain in
the ordinary course of business or pursuant to a provision of law.
(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the
Contracting Officer or an authorized representative of the Contracting Officer shall have
the right to examine and audit the supporting records and materials, for the purpose of
evaluating—
(1) The effectiveness of the Contractor's policies and procedures to produce data compatible
with the objectives of these reports; and
(2) The data reported.
Attachment number 1 \nPage 31 of 34
Item # 5
( f )
( g )
INITIALS: ____________
LESSOR GOVERNMENT GSA FORM 3517G PAGE 14 (REV 02111)
(c)-
Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of
this clause, for examination, audit, or reproduction, until 3 years after final payment under
this contract or for any shorter period specified in Subpart 4.7, Contractor Records
Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by
statute or by other clauses of this contract. In addition—
(1) If this contract is completely or partially terminated, the Contractor shall make available
the records relating to the work terminated until 3 years after any resulting final termination
settlement; and
(2) The Contractor shall make available records relating to appeals under the Disputes
clause or to litigation or the settlement of claims arising under or relating to this contract
until such appeals, litigation, or claims are finally resolved.
The Contractor shall Insert a clause containing all the terms of this clause, Including this
paragraph (g), in all subcontracts under this contract that exceed the simplified acquisition
threshold, and—
(1) That are cast-reimbursement, incentive, time-and-materials, labor-hour,
or price-redeterminable type or any combination of these;
(2) For which cost or pricing data are required; or
(3) That require the subcontractor to furnish reports as discussed in paragraph (e) of
this clause.
The clause may be altered only as necessary to identify properly the contracting parties
and the Contracting Officer under the Government prime contract.
29. 52233-1 DISPUTES (JUL 2002)
(a) This 'contract is subject to the Contract' Disputes Act of 108, as amended
(41 U.S.C. 601-613).
(b) • Except as provided in the Act, all disputes arising under or relating to this contract shall
be resolved under this clause.
"Claim," as used in this clause, means a written demand or written assertion by one of the
contracting parties seeking, as a matter of right, the payment of money in a sum certain, the
adjustment or interpretation of contract terms, or other relief arising under, or relating to this
contract. However, a written demand or written assertion by the Contractor seeking the
payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a
claim under the Act. The submission may be converted to a claim under the Act, by
complying with the submission and certification requirements of this clause, if it is disputed
either as to liability or amount or is not acted upon in a reasonable time.
(d) (1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this
contract, submitted within 6 years after accrual of the claim to the Contracting
Officer for a written decision. A claim by the Government against the Contractor
shall be subject to a written decision by the Contracting Officer..
(2) (i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of
this clause when submitting any claim exceeding $100,000.
(ii) The certification requirement does not apply to issues in controversy that have
not been submitted as all or part of a claim.
(iii) The certification shall state as follows: "I certify that the claim is made in good
faith; that the supporting data are accurate and complete to the best of my
knowledge and belief; that the amount requested accurately reflects the contract
adjustment for which the Contractor believes the Government is liable; and that I
am duly authorized to certify the claim on behalf of the Contractor."
(3) The certification may be executed by any person duly authorized to bind the
Contractor with respect to the claim.
(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in
writing by the Contractor, render a decision within 60 days of the request. For Contractor-
Attachment number 1 \nPage 32 of 34
Item # 5
( f )
( g )
I N I T I A L S : _ _ _ & •
LESSOR GOVERNMENT GSA FORM 35170 PAGE 15 (REV 02/11)
(a)
(c)
INITIALS: ____________
LESSOR GOVERNMENT GSA FORM 351 7G PAGE 16 (REV 02/11)
certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or
notify the Contractor of the date by which the decision will be made.
The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as
provided in the Act.
If the claim by the Contractor is submitted to the Contracting Officer or a claim by the
Government is presented to the Contractor, the parties, by mutual consent, may agree to use
alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor
shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting
the offer.
(h) The Government shall pay interest on the amount found due and unpaid from (1) the date) that the Contracting Officer receives the claim (certified, if required ; or (2) the date that
payment otherwise would be due, if that date is later, until the date o payment. With regard to
claims having defective certifications, as defined in FAR 33.201, interest shall be paid from
the date that the. Contracting Officer Initially receives the claim. Simple interest on c[aims
shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which
is applicable to the period during which the Contracting Officer receives the claim and then at
the rate applicable for each 6-month period as fixed by the Treasury Secretary during the
pendency of the claim.
(I) The Contractor shall proceed diligently with performance of this contract, pending final
resolution of any request for relief, claim, appeal, or action arising under the contract, and
comply with any decision of the Contracting Officer.
30. 52.222-21 PROHIBITIO OF SEGREGATED FACILITIES (FEB 1999) –
(Applicable to leases over $10,000.)
(a) "Segregated facilities," as used in this clause, means any waiting rooms, Work areas, rest
rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and
other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment
-areas, transportation, and housing facilities provided for employees, that are segregated by
- explicit directive or are in fact segregated on the basis of race, color, religion, sex, or
national origin because of written or oral policies or employee custom. The, term does not
include Separate or single-user rest rooms or necessary dressing 'or sleeping areas
provided to assure privacy between the sexes.
(b) The Contractor agrees that it does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments, and that it does not and will not permit its
employees to perform their services at any location under its control where segregated
facilities are maintained.. The Contractor agrees that a breach of this clause is a violation of
the Equal Opportunity clause in this contract,
(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract.
31. 52.209-6 PROTECTIG THE GOVERMET'S ITEREST W HE SUBCOTRACTIG
WITH COTRACTORS DEBARRED, SUSPEDED, OR PROPOSED F OR
DEBARMET (JA 2005)
(Applicable to leases over $25,000.)
The Government suspends or debars Contractors to protect the Government's interests. The
Contractor shall not enter into any subcontract in excess of $25,000 with a Contractor that is debarred,
suspended, or proposed for debarment unless there is a compelling reason to do so..
(c) The Contractor shall require each proposed first-tier subcontractor, whose subcontract
will exceed $25,000, to disclose to the Contractor, in writing, whether as of the time of award of
the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or
proposed for debarment by the Federal Government
A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing,
before entering into a subcontract with a party that is debarred, suspended, or
p
r
Attachment number 1 \nPage 33 of 34
Item # 5
oposed for debarment (see FAR 9.404 for information on the Excluded Parties List
System). The notice must include the following:
(1) The name of the subcontractor.
(2) The Contractor's knowledge of the reasons for the subcontractor being in the
Excluded Parties List System.
(3) The compelling reason(s) for doing business with the subcontractor notwithstanding Its
inclusion In the Excluded Parties List System.
(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of
the specific basis for the party's debarment, suspension, or proposed debarment.
Attachment number 1 \nPage 34 of 34
Item # 5