Exhibit J -Revision 1. New Construction.docx
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- Solicitation number
- 36C26326R0013
About this file
This is an exhibit to a lease solicitation that establishes requirements for new construction of a federal facility. Exhibit J applies when newly constructed buildings are the only solution meeting the government's needs and existing buildings are not competing. The exhibit mandates inclusion of labor standards compliance through Davis-Bacon Act prevailing wage requirements, with applicable wage determinations from the Department of Labor to be attached separately. Lessors must comply with FAR clauses 52.222-4 through 52.222-15 and 52.222-62 covering work hours, safety standards, wage rate requirements, withholding of funds, payroll records, Copeland Act compliance, subcontract labor standards, contract termination, disputes, and paid sick leave under Executive Order 13706.
The exhibit requires security design based on a Design-Basis Threat assessment in conjunction with the Federal Protective Service, including specifications for window glazing, setback distance from the building exterior, isolated HVAC systems for lobbies and mailrooms, and blast resistance requirements. Additional mandatory requirements include seismic safety certification, automatic fire sprinkler systems compliant with NFPA 13, emergency voice/alarm communication systems meeting NFPA 72 when applicable, and high-performance building rating certification at the Two Green Globes level under the Green Building Initiative's program for buildings of 10,000 RSF and above. Lessors must submit detailed construction schedules within 10 working days of the Notice to Proceed, conduct initial construction meetings, provide biweekly written progress reports with photographs and completion forecasts, conform to the 2021 International Energy Conservation Code and 2019 ASHRAE Standard 90.1, and are encouraged to source at least 50 percent of the government tenant's electricity from renewable sources. The exhibit includes provisions for government inspections, progress meetings, and certification of seismic compliance and high-performance building status prior to occupancy.
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RLP 36C26326R0013
EXHIBIT J NEW CONSTRUCTION
ACTION REQUIRED: USE ONLY WHEN A NEWLY CONSTRUCTED BUILDING IS THE ONLY SOLUTION THAT WILL MEET THE CUSTOMER’S NEEDS AND EXISTING BUILDINGS ARE NOT COMPETING. OTHERWISE, DELETE.
NOTE: PARAGRAPH MUST BE ADDED BACK IN VIA RLP AMENDMENT IF, AT ANY POINT PRIOR TO FPR, THE GOVERNMENT ONLY HAS OFFERS FOR NEW CONSTRUCTION.
ACTION REQUIRED: USE “RELOCATION ASSISTANCE ACT“ ONLY FOR NEW CONSTRUCTION WHERE AN IMPROVED SITE WILL RESULT IN DISPLACEMENT. OTHERWISE, DELETE. MAY BE ALTERED, BUT SHOULD CONTAIN SUBSTANTIALLY THE SAME INFORMATION.
NC 1.01 is added to the Lease, Section 2 General terms, Conditions, and Standards.
NC 1.01 RELOCATION ASSISTANCE ACT (FEB 2026) INTENTIONALLY DELETED
ACTION REQUIRED: THE FOLLOWING PARAGRAPH, WHICH ADDRESSES “PREVAILING WAGES” REQUIREMENTS UNDER THE DAVIS-BACON ACT, IS MANDATORY WHEN DELIVERY SCHEDULES ARE LONG ENOUGH TO PERMIT SATISFACTION OF THE LEASE REQUIREMENTS THROUGH NEW CONSTRUCTION OR COMPLETE REHABILITATION OR RECONSTRUCTION OF AN EXISTING BUILDING. IF NO OFFERS OF NEW CONSTRUCTION OR COMPLETE REHABILITATION OR RECONSTRUCTION OF AN EXISTING BUILDING ARE RECEIVED, DELETE. THE OFFICIAL WEBSITE FOR OBTAINING WAGE DETERMINATIONS IS SAM.GOV.
NOTE: IN SITUATIONS WHERE THERE IS A QUESTION ABOUT APPLICABILITY, LCOS SHOULD CONSULT OFFICE OF THE GENERAL COUNSEL - LEASING DIVISION (OGC – LR) FOR GUIDANCE.
ACTION REQUIRED: WHEN INCLUDING THIS PARAGRAPH, ATTACH THE APPROPRIATE DEPARTMENT OF LABOR WAGE DETERMINATION FOR THE APPLICABLE GEOGRAPHICAL AREA. ANY SUBSEQUENT MODIFICATIONS TO DOL WAGE DETERMINATIONS MUST BE ISSUED AS AN AMENDMENT TO THE RLP.
NOTE: IF A CHANGE OCCURS TO THE WAGE DETERMINATION AFTER THE RECEIPT OF FINAL PROPOSAL REVISIONS BUT PRIOR TO LEASE AWARD, THE LCO MUST REOPEN NEGOTIATIONS TO ALLOW THE OFFEROR TO REVISE ITS PRICE. FOR CHANGES TO THE WAGE DETERMINATION AFTER LEASE AWARD, THE CIVILIAN BOARD OF CONTRACT APPEALS HAS HELD THAT MODIFICATIONS TO THE WAGE RATES ARE NOT REQUIRED TO BE IMPLEMENTED INTO EXISTING CONTRACTS POST AWARD EXCEPT WHERE A MISTAKE HAS BEEN MADE, E.G., NOT INCORPORATING ONE AT ALL, OR INSERTING THE WRONG DETERMINATION.
NOTE: IF NO OFFERS FOR NEW CONSTRUCTION OR COMPLETE REHABILITATION OR RECONSTRUCTION ARE RECEIVED BY THE DUE DATE FOR INITIAL OFFERS AND IF THE GSA 3516, SOLICITATION PROVISIONS CONTAINS THE STANDARD LANGUAGE IN GSAM 552.2701(C)(2)(I) THAT STATES THAT THE GOVERNMENT WILL NOT CONSIDER OFFERS RECEIVED AFTER THE DUE DATE FOR INITIAL OFFERS, THE LCO MAY AMEND THE DRAFT LEASE TO DELETE THE "LABOR STANDARDS" PARAGRAPH AND ARE NOT REQUIRED TO UPDATE THE WAGE DETERMINATIONS. HOWEVER, IF THE GSA 3516, SOLICITATION PROVISIONS CONTAINS THE ALTERNATE LANGUAGE FROM GSAM 552.2701(C)(2)(I) THAT ALLOWS THE GOVERNMENT TO CONSIDER OFFERS RECEIVED UP TO THE DUE DATE FOR FINAL PROPOSAL REVISIONS, GSA MUST KEEP THE “LABOR STANDARDS” PARAGRAPH IN THE DRAFT LEASE ADN CONTINUE TO UPDATE THE WAGE DETERMINATIONS.
NC 1.02, 1.03, 1.04, 1.05, and 1.06 are added to the Lease, Section 3 Construction standards and shell components.
NC 1.02 LABOR STANDARDS (FEB 2026)
If the Lessor proposes to satisfy the requirements of this Lease through the construction of a new Building or the complete rehabilitation or reconstruction of an existing Building, and the Government will be the sole or predominant tenant such that any other use of the Building will be functionally or quantitatively incidental to the Government’s use and occupancy, the following FAR clauses must apply to all work (including shell and TIs) performed prior to the Government's acceptance of space as substantially complete. Full text versions of these clauses are available upon request from the LCO. Full text versions are also available at HTTPS://WWW.ACQUISITION.GOV/?Q=BROWSEFAR.
| 52.222-4 | Contract Work Hours and Safety Standards Act—Overtime Compensation |
| 52.222-5 | Construction Wage Rate Requirements - Secondary Site of the Work |
| 52.222-6 | Construction Wage Rate Requirements |
| 52.222-7 | Withholding of Funds |
| 52.222-8 | Payrolls and Basic Records |
| 52.222-10 | Compliance with Copeland Act Requirements |
| 52.222-11 | Subcontracts (Labor Standards) |
| 52.222-12 | Contract Termination–Debarment |
| 52.222-13 | Compliance with Construction Wage Rate Requirements and Related Regulations |
| 52.222-14 | Disputes Concerning Labor Standards |
| 52.222-15 | Certification of Eligibility. |
| 52.222-62 | Paid Sick Leave Under Executive Order 13706. |
NC 1.03 SECURITY FOR NEW CONSTRUCTION (FEB 2026)
A. Design-Basis Threat. The Design-Basis Threat (DBT) is the profile and estimate of the threats to a Government facility across a range of specific undesirable events and serves as the basis for determining appropriate security standards. The Lessor’s technical consultant(s) must work in conjunction with the Government, including the Federal Protective Service (FPS), to apply the DBT to the post-award risk assessment. The risk assessment identifies recommended countermeasures and security design features that achieve the minimum baseline level of protection for a particular facility. The baseline level of protection may be further customized to address facility-specific conditions. The Lessor is responsible for providing countermeasure provisions outlined in the attached FSL document, as well as for additional items identified during the post-award risk assessment. Any additional countermeasures identified during this assessment must be priced as BSAC.
B. Prior to occupancy, the Lessor must provide a written certification from a licensed professional engineer with formal training in structural dynamics and experience with accepted blast resistant design, verifying that the Building conforms to a minimum of:
1. Window glazing, with a performance condition appropriate to the identified Facility Security Level.
2. Setback distance, measured from the face of the Building's exterior to the protected/defended perimeter (i.e., any potential point of explosion). This means the distance from the Building to the curb or other boundary protected by bollards, planters or other street furniture. Such potential points of explosion may be, but are not limited to, such areas that could be accessible by any motorized vehicle (i.e., street, alley, sidewalk, driveway, parking lot).
3. Lobbies, mailrooms, and loading docks must not share a return-air system with the remaining areas of the Building. The Lessor must provide lobby, mailroom, and loading dock ventilation systems' outside air intakes and exhausts with low leakage, fast acting, isolation dampers that can be closed to isolate their systems. Dedicated HVAC must be required for mailrooms only when the Government specifically requires a centrally operated mailroom. On Buildings of more than four stories, air intakes must be located on the fourth floor or higher. On Buildings of three stories or less, air intakes must be located on the roof or as high as practical. Locating intakes high on a wall is preferred over a roof location.
ACTION REQUIRED: USE APPROPRIATE VERSION, DEPENDING UPON FSL LEVEL. DELETE FOR FSL I.
4. Blast Resistance Requirements.
VERSION 1: USE FOR FSL II:
a. Façade and Structure. Lessor must use construction materials which have inherent ductility and which are able to respond to load reversals (e.g. cast in place reinforced concrete column construction).
b. Progressive Collapse. Lessor must use construction materials which have inherent ductility and which are able to respond to load reversals (e.g. cast in place reinforced concrete and steel construction).
c. Under Building Parking. Lessor must use construction materials which have inherent ductility and which are able to respond to load reversals (e.g. cast in place reinforced concrete and steel construction).
ACTION REQUIRED: WHEN ISSUING AS PART OF THE INITIAL RLP PACKAGE:
· DELETE FOR AREAS OF LOW AND VERY LOW SEISMICITY (GREEN AREAS ON MAP).
· INCLUDE AREAS OF MODERATE, HIGH, AND VERY HIGH SEISMICITY (YELLOW AND RED AREAS ON MAP).
ACTION REQUIRED: WHEN DRAFTING THE FINAL LEASE:
· INCLUDE IF THE OFFER INVOLVED NEW CONSTRUCTION. OTHERWISE, DELETE.
NC 1.04 SEISMIC SAFETY FOR NEW CONSTRUCTION (OCT 2020) INTENTIONALLY DELETED
For leases requiring new construction, the space will not be considered substantially complete until the LCO receives the Seismic Form F, Certificate of Seismic Compliance – New Building. This form must be completed by the civil or structural engineer and certify that the building was designed and constructed in accordance with the appropriate local code.
ACTION REQUIRED: FOR LEASE CONSTRUCTION PROCUREMENTS SEEKING OFFICE AND RELATED SPACE. USE ONLY WHEN A NEWLY CONSTRUCTED BUILDING IS THE ONLY SOLUTION THAT WILL MEET THE CUSTOMER AGENCY’S NEEDS AND EXISTING BUILDINGS ARE NOT COMPETING. OTHERWISE, DELETE.
NC 1.05 FIRE PROTECTION FOR NEW CONSTRUCTION (FEB 2026)
A. The new Building must be protected throughout by an automatic fire sprinkler system designed in accordance with the National Fire Protection Association (NFPA) 13, Installation of Sprinkler Systems (current as of the Lease Award Date).
B. When an electric fire pump is provided to support the design of the fire sprinkler system, a secondary power source must be provided to the fire pump by a standby emergency generator or another means acceptable to the Government.
C. The fire alarm system installed must be an emergency voice/alarm communication system when any one of the following conditions exist:
1. The Building is 2 or more stories in height above the level of exit discharge.
2. The total calculated occupant load of the Building is 300 or more occupants.
3. The Building is subject to 100 or more occupants above or below the level of exit discharge.
The emergency voice/alarm communication system must be designed and installed to meet the requirements of NFPA 72 (current as of the Lease Award Date).
ACTION REQUIRED MANDATORY WHEN A NEWLY CONSTRUCTED BUILDING OF 10,000 RSF AND ABOVE IS THE ONLY SOLUTION THAT WILL MEET THE CLIENT AGENCY’S NEEDS AND EXISTING BUILDINGS ARE NOT COMPETING. OTHERWISE, DELETE.
NOTE: PARAGRAPH MUST BE ADDED BACK IN VIA RLP AMENDMENT IF, AT ANY POINT PRIOR TO FPR, THE GOVERNMENT ONLY HAS OFFERS FOR NEW CONSTRUCTION.
ACTION REQUIRED: THERE ARE TWO HIGH-PERFORMANCE BUILDING RATING SYSTEMS FOR NEW CONSTRUCTION LISTED BELOW. PRIOR TO ISSUING THE RLP, CONSULT WITH CLIENT AGENCY TO DETERMINE WHICH HIGH-PERFROMANCE BUILDING RATING SYSTEM FOR NEW CONSTRUCTION TO USE; THE OTHER SHOULD BE DELETED. CHOICE MUST BE CONSISTENT WITHIN THE RLP AND LEASE DOCUMENTS.
NOTE: IN ACCORDANCE WITH THE ENERGY INDEPENDENCE AND SECURITY ACT OF 2007 AND THE ENERGY POLICY ACT OF 2005.
NC 1.06 HIGH-PERFORMANCE BUILDING RATING CERTIFICATION FOR NEW CONSTRUCTION (FEB 2026)
ACTION REQUIRED: SELECT THE APPROPRIATE PARAGRAPH. DELETE ALTERNATE VERSION.
VERSION 1: LEED® FOR NEW CONSTRUCTION (LEED®-NC)
1. Within 12 months of occupancy, the Lessor must obtain certification at the Two Green Globes level from the Green Building Initiative’s (GBI) Green Globes® NC program. For requirements to achieve the Two Green Globes certification, Lessor must refer to the latest version at the time of submittal of the Green Globes® NC Technical Reference Manual (at http://www.thegbi.org/). At completion of all documentation and receipt of final certification, the Lessor must provide the Government two electronic copies on compact disks, flash drives, or appropriate electronic media of all documentation submitted to GBI. Acceptable file format is Adobe PDF from the Green Globes® online surveys. In addition, the Lessor will provide the Government viewing access to the Green Globes® online surveys, as applicable, during design and through the term of the Lease.
1. Prior to the end of the first year of occupancy, if the Lessor fails to achieve a Two Green Globes® certification, the Government may assist the Lessor in implementing a corrective action program to achieve a Two Green Globes® certification and deduct its costs (including administrative costs) from the rent.
NC 1.07, NC 1.08, NC. 1.09 and NC 1.10 are added to the Lease, Section 4 Design, Construction, and Post award activities.
NC 1.07 NEW CONSTRUCTION: LEASE SUBMITTALS (FEB 2026)
The Lessor must submit to the LCO or designated representative or the Government’s project management system:
ACTION REQUIRED: THE FOLLOWING SUB-PARAGRAPH APPLIES WHEN EITHER:
(1) A NEWLY CONSTRUCTED BUILDING OF 10,000 RSF AND ABOVE IS THE ONLY SOLUTION THAT WILL MEET THE CLIENT AGENCY’S NEEDS AND EXISTING BUILDINGS ARE NOT COMPETING NOTE: SUB-PARAGRAPH MUST BE ADDED BACK IN VIA RLP AMENDMENT IF, AT ANY POINT PRIOR TO FPR, THE GOVERNMENT ONLY HAS OFFERS FOR NEW CONSTRUCTION.
SELECT THE APPROPRIATE VERSION OF SUB-PARAGRAPH 1. CHOICE MUST BE CONSISTENT WITHIN THE RLP AND LEASE DOCUMENTS.
a. VERSION 1: FOR LEED® High Performing Building Submittal. At completion of Green Globes® documentation and receipt of final certification, along with an electronic copy of all supporting documentation for certification.
NC 1.08 CONSTRUCTION SCHEDULE AND INITIAL CONSTRUCTION MEETING (FEB 2026)
The Lessor must furnish a detailed construction schedule (such as Critical Path Method) to the Government within 10 Working Days of issuance of the NTP. Such schedule must also indicate the dates available for Government contractors to install telephone/data lines or equipment, if needed. Within 10 Working Days of NTP, the Lessor must initiate a construction meeting. This meeting may be held in person or virtually, at the discretion of the Government. The Lessor will have subcontractor representatives including its architects, engineers, general contractor and subcontractors’ representatives in attendance. The Lessor must keep meeting minutes of discussion topics and attendance and must distribute to all parties within 10 Working Days of the meeting.
ACTION REQUIRED: INSERT THE INTERVAL OF PROGRESS REPORTS AND MEETINGS BASED ON DISCUSSIONS WITH THE CLIENT.
NC 1.09 PROGRESS REPORTS (FEB 2026)
After start of construction, the Lessor must submit to the LCO or designated representative written progress reports at intervals of 10 Working Days. Each report must include information as to the percentage of the work completed by phase and trade; along with labeled photographs, a statement as to expected completion and occupancy dates; changes introduced into the work; and general remarks on such items as material shortages, strikes, weather, etc., that may affect timely completion. In addition, at the Government’s discretion, the Lessor must conduct meetings every two weeks to brief Government personnel and/or contractors regarding the progress of design and construction of the Space. These meetings may be held in person or virtually, at the discretion of the Government. The Lessor must be responsible for taking and distributing minutes of these meetings.
NC 1.10 CONSTRUCTION INSPECTIONS (FEB 2026)
A. The LCO or the LCO's designated technical representative may periodically inspect construction work to review compliance with Lease requirements and approved DIDs, if applicable.
B. Periodic reviews, witnessing of tests, and inspections by the Government must not constitute approval of the Lessor's apparent progress toward meeting the Government's objectives but are intended to discover any information which the LCO may be able to call to the Lessor's attention to prevent costly misdirection of effort. The Lessor must remain responsible for designing, constructing, operating, and maintaining the Building in full accordance with the requirements of the Lease. At the discretion of the LCO, minutes from the progress meetings may satisfy the requirement for written progress reports.
NC 1.11 is added to the Lease, Section 6 Utilities, Services, and Obligations during the lease term.
NC 1.11 NEW CONSTRUCTION: UTILITIES (FEB 2026)
A. The Building operating plan must conform with the 2021 International Energy Conservation Code (IECC) and the 2019 ASHRAE Standard 90.1. These standards specify energy conservation requirements for mechanical systems, building envelope efficiency, insulation, and lighting. More information on this Department of Energy rule can be found at: https://www.energy.gov/.
B. The Lessor is encouraged to purchase at least 50 percent of the Government tenant’s electricity from renewable sources.
Document Change History
| Template Date |
| Description of change |
| FEB 2026 |
| Newly created exhibit to supplement streamlined changes to R100. Updates to change “shall” to “must.” |
| LEASE NO. 36C26326L0002, PAGE 1 | |
| LESSOR: ________ GOVERNMENT: ________ | |
| GSA TEMPLATE L100, NEW CONSTRUCTION | EXHIBIT J (2/26) |
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