9MA2240_Dorchester_SWING SPACE REQUIREMENT.pdf

SWING SPACE REQUIREMENT

I. Current Lessor/Offeror Requirement:

If the current Lessor desires to participate as an Offeror in the new lease requirement, and further to propose the leased space where the agency is currently located, then swing space shall be required to avoid any impact and/or disruption to the tenant agency’s business operations. Under no circumstances shall it be deemed acceptable that the agency shall remain in any portion of the current leased space during demolition, construction or alterations for this new lease requirement, unless requested and/or agreed to in writing by the Lease Contracting

Officer (LCO). The current lessor as an Offeror shall be responsible to relocate the tenant agency to a temporary alternate location (swing space), and all costs for this relocation as well as preparing space to meet all operational requirements of the Government shall be the solely the Offeror’s responsibility. A relocation plan meeting the agency’s move standards must be submitted to and approved by the LCO. The current lessor/offeror may provide “Swing Space” by either Lessor Owned Space or by Leased Swing Space not owned by the lessor, which space shall meet those requirements as set forth in paragraph II or III below as applicable. In addition, any proposed Swing Space must meet the requirements as set forth in the RLP/Lease issued for this space procurement. The amount of swing space required shall be solely determined by the Government and in no event shall the Government be responsible to pay rent for any amount of swing space that exceeds the amount determined. All space in excess of the amount required shall be the sole responsibility of the offeror/lessor.

II. Lessor Owned Swing Space:

If swing space is controlled by the lessor, then a Lease Amendment shall be agreed to and signed by both the Lessor and the Government and include at a minimum the following:

a. The rental rate for swing space shall be equal to or less than the rate paid per rentable square feet (RSF) for the space currently occupied under the existing lease.

b. The rate shall apply only to the actual RSF of the Swing Space (as per section I above)

c. The total monthly rent shall be (a x b) divided by 12.

d. The Government shall only be responsible to pay for rent for the period of time as set forth in the new lease for the construction and completion of the build-out requirements as per Section 4.01 paragraph “H” titled “Construction of TIs and completion of other required construction work”. Any delay beyond that period of time as agreed to in Section 4.01 which is the result of either a lessor action and or inaction, shall be deemed a Lessor Delay and no rent shall accrue and or be due and payable for the delay period. All provisions of the new lease shall apply, including but not limited to “Delays”, “Default”, “Liquidated Damages” and other applicable provisions as it relates to the Lease Agreement.

Cont.

e. All rent for the existing leased space shall cease effective the date the Government is relocated to the swing space, and no rent shall accrue or be payable to the Offeror until such time the Government inspects and accepts the space as substantially complete under the new lease.

f. The Lessor shall be responsible for all costs for any required alterations to make swing space usable plus the relocation costs from the current occupied space to the swing space. This lessor cost shall include physical move costs to the swing space and all such related costs necessary for office operations to be conducted as performed by the agency at the current location.

III. Lessor/Offeror does NOT own Swing Space:

If Swing Space is NOT Owned by the lessor/offeror, then a Lease Amendment shall be agreed to and signed by both the Lessor and the Government and include at a minimum the following:

a. The rental cost for the swing space shall be paid for by the offeror, and the Government shall reimburse lessor at an agreed upon rental rate per RSF.

b. The Lessor shall hold harmless and indemnify the Government for any and all matters as they relate to the use of the Swing Space, the payment of rents, or other such customary issues relating to occupancy and use of commercial leased office space.

c. The government shall only be responsible to pay for rent for the period of time as set forth in the new lease for the construction and completion of the build-out requirements as per Section 4.01, paragraph “H”, titled “Construction of TIs and completion of other construction work”. Any delay beyond that period of time as agreed to in Section 4.01 which is the result either a lessor action and or inaction, shall be deemed a Lessor Delay and no rent shall accrue and or be due and payable for the delay period. All provisions of the new lease shall apply, including but not limited to “Delays”, “Default”, “Liquidated Damages” and other applicable provisions as it relates to the Lease Agreement.

d. All rent for the existing leased space shall cease effective the date the Government relocated to the swing space, and no rent shall accrue or be payable to the Offeror until such time the Government inspects and accepts the space as substantially complete under the new lease.

e. The current Lessor shall be responsible for all costs for any required alterations to make space usable plus the relocation costs from the current occupied space to the swing space. This lessor cost shall include physical move costs to the swing space and all such related costs necessary for office operations to be conducted as performed by the agency at the current location.

IV. Minimum Swing Space Requirements:

Offeror is required to submit swing space options for the agency no later than the date established for their submission of the Initial Offers. The Lease Contracting Officer shall inspect any swing space offered and shall have final approval on the acceptance of the proposed swing space, including the proposed rental rate per RSF, which rate shall be equal to or less than the rental rate per RSF for the current leased space. No substitutions of the proposed swing space shall be permitted after the initial offer due date unless agreed to in writing by the LCO. Final approval of the swing space by the LCO must be completed no later than the due date of the “Best and Final Offer”. LCO-approved swing space will be a requirement of lease award, and if Offeror fails to provide acceptable swing space as herein required, then Offeror shall be deemed non-responsive and their offer rejected.

Cont.

Proposed Swing Space must meet the requirements as established in the existing lease. The following are some but not necessarily all of the minimum physical requirements for any proposed swing space to be considered:

1) contain a minimum of 4,500 – 4,725 ANSI/BOMA Office Area square feet (ABOA)

2) be located within the delineated area

3) be ABBAS compliant

4) be compliant with all performance specifications of the existing lease

5) be compliant with Fire and Life Safety and air quality standards

6) if not on 1st floor (on grade), then be serviced by 2 or more compliant elevators

7) be contiguous space on one floor without ramping or stairs

8) must provide an accurate as built floor plan, drawn to scale showing the demised space (CAD is required)

Any deviations from the requirements must be requested in writing, approved, and signed by the LCO.

V. Other:

The Government shall have the right to terminate the lease awarded if lessor fails to satisfy any of the requirements as established for Swing Space and/or fails to provide the offered space as awarded consistent with the time frames and specifications as established within the awarded lease. Any deviations from these requirements must be done in writing and approved and signed by the LCO.

In addition, Swing space options must be available for Government occupancy no earlier than

15 calendar days and no more than 30 calendar days from issuance of the Notice to Proceed to

Construction, unless otherwise agreed to in writing by the LCO.