b Supplemental Lease Requirements.pdf

LEASE NO. GS-10P-LOR00421, PAGE 1 LESSOR: ________ GOVERNMENT: ________ SUPPLEMENTAL LEASE

REQUIREMENTS

REV (10/2021)

TABLE OF CONTENTS – SUPPLEMENTAL LEASE REQUIREMENTS

SECTION 1 GENERAL TERMS, CONDITIONS, AND STANDARDS

1.01 DEFINITIONS AND GENERAL TERMS (SMALL) (SEP 2015)

1.02 INTENTIONALLY DELETED

1.03 AUTHORIZED REPRESENTATIVES (OCT 2016)

1.04 HUBZONE SMALL BUSINESS CONCERNS ADDITIONAL PERFORMANCE REQUIREMENTS (SMALL) (OCT 2020)

1.05 WAIVER OF RESTORATION (OCT 2021)

1.06 NOVATION AND CHANGE OF OWNERSHIP (SMALL) (OCT 2016)

1.07 INTENTIONALLY DELETED

1.08 INTENTIONALLY DELETED

SECTION 2 CONSTRUCTION STANDARDS AND SHELL COMPONENTS

2.01 WORK PERFORMANCE (SMALL) (SEP 2015)

2.02 EXISTING FIT-OUT, SALVAGED, OR REUSED BUILDING MATERIAL (SMALL) (SEP 2015)

2.03 WOOD PRODUCTS (SMALL) (OCT 2020)

2.04 ADHESIVES AND SEALANTS (SMALL) (OCT 2020)

2.05 BUILDING SHELL REQUIREMENTS (SMALL) (OCT 2019)

2.06 RESPONSIBILITY OF THE LESSOR AND LESSOR’S ARCHITECT/ENGINEER (SMALL) (SEP 2015)

2.07 MEANS OF EGRESS (MAY 2015)

2.08 INTENTIONALLY DELETED

2.09 INTENTIONALLY DELTED

2.10 INTENTIONALLY DELETED

2.11 INTENTIONALLY DELETED

2.12 DEMOLITION (JUN 2012)

2.13 ACCESSIBILITY (FEB 2007)

2.14 INTENTIONALLY DELETED

2.15 INTENTIONALLY DELETED

2.16 INTENTIONALLY DELETED

2.17 INTENTIONALLY DELETED

2.18 INTENTIONALLY DELETED

2.19 INTENTIONALLY DELETED

2.20 INTENTIONALLY DELETED

2.21 MECHANICAL, ELECTRICAL, PLUMBING: GENERAL (SMALL) (SEP 2015)

2.22 INTENTIONALLY DELETED

2.23 INTENTIONALLY DELETED

2.24 INTENTIONALLY DELETED

2.25 INTENTIONALLY DELETED

2.26 INTENTIONALLY DELETED

2.27 INTENTIONALLY DELETED

2.28 INTENTIONALLY DELETED

2.29 NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS - LEASE (SMALL) (SEP 2015)

SECTION 3 DESIGN, CONSTRUCTION, AND POST AWARD ACTIVITIES

3.01 SCHEDULE FOR COMPLETION OF SPACE (SMALL) (OCT 2020)

3.02 ACCESS BY THE GOVERNMENT PRIOR TO ACCEPTANCE (SMALL) (OCT 2020)

3.03 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY (SMALL) (OCT 2021)

3.04 LEASE TERM COMMENCEMENT DATE AND RENT RECONCILIATION (SMALL) (OCT 2021)

3.05 INTENTIONALLY DELETED

3.06 INTENTIONALLY DELETED

3.07 INTENTIONALLY DELETED

SECTION 4 TENANT IMPROVEMENT COMPONENTS

4.01 TENANT IMPROVEMENTS AND PRICING (SMALL) (SEP 2015)

4.02 INTENTIONALLY DELETED

4.03 INTENTIONALLY DELETED

4.04 INTENTIONALLY DELETED

4.05 INTENTIONALLY DELETED

4.06 INTENTIONALLY DELETED

4.07 INTENTIONALLY DELETED

4.08 INTENTIONALLY DELETED

4.09 INTENTIONALLY DELETED

4.10 INTENTIONALLY DELETED

4.11 INTENTIONALLY DELETED

4.12 INTENTIONALLY DELETED

4.13 INTENTIONALLY DELETED

4.14 INTENTIONALLY DELETED

4.15 INTENTIONALLY DELETED

LEASE NO. GS-10P-LOR00421, PAGE 2 LESSOR: ________ GOVERNMENT: ________ SUPPLEMENTAL LEASE

4.16 INTETIONALLY DELETED

SECTION 5 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM

5.01 PROVISION OF SERVICES, ACCESS, AND NORMAL HOURS (SMALL) (MODIFIED)

5.02 UTILITIES (APR 2011)

5.03 INTENTIONALLY DELETED

5.04 INTENTIONALLY DELETED

5.05 INTENTIONALLY DELETED

5.06 INTENTIONALLY DELETED

5.07 IDENTITY VERIFICATION OF PERSONNEL (OCT 2021)

5.08 INTENTIONALLY DELETED

5.09 INTENTIONALLY DELETED

5.10 INTENTIONALLY DELETED

5.11 INTENTIONALLY DELETED

5.12 HAZARDOUS MATERIALS (SEP 2013)

5.13 MOLD (SMALL) (OCT 2021)

5.14 OCCUPANT EMERGENCY PLANS (OCT 2020)

SECTION 6 ADDITIONAL TERMS AND CONDITIONS

6.01 SECURITY REQUIREMENTS (SMALL) (OCT 2019)

6.02 MODIFIED LEASE PARAGRAPHS (OCT 2016)

6.03 RENTAL CONSIDERATION FOR SMALL LEASES (OCT 2019)

6.04 PROVISIONAL ACCEPTANCE (FEB 2021)

LEASE NO. GS-10P-LOR00421, PAGE 3 LESSOR: ________ GOVERNMENT: ________ SUPPLEMENTAL LEASE

SECTION 1 GENERAL TERMS, CONDITIONS, AND STANDARDS

1.01 DEFINITIONS AND GENERAL TERMS (SMALL) (SEP 2015)

Unless otherwise specifically noted, all terms and conditions set forth in this Lease shall be interpreted by reference to the following definitions, standards, and formulas:

A. Common Area Factor (CAF). The Common Area Factor (CAF) is a conversion factor determined by the Building owner and applied by the owner to the ABOA SF to determine the RSF for the leased Space. The CAF is expressed as a percentage of the difference between the amount of rentable SF and ABOA SF, divided by the ABOA SF. For example 11,500 RSF and 10,000 ABOA SF will have a CAF of 15% [(11,500 RSF-10,000 ABOA SF)/10,000 ABOA SF]. For the purposes of this Lease, the CAF shall be determined in accordance with the applicable ANSI/BOMA standard for the type of space to which the CAF shall apply.

B. Rentable Space or Rentable Square Feet (RSF). Rentable Space is the area for which a tenant is charged rent. It is determined by the Building owner and may vary by city or by building within the same city. The Rentable Space may include a share of Building support/common areas such as elevator lobbies, Building corridors, and floor service areas. Floor service areas typically include restrooms, janitor rooms, telephone closets, electrical closets, and mechanical rooms. The Rentable Space does not include vertical building penetrations and their enclosing walls, such as stairs, elevator shafts, and vertical ducts. Rentable Square Feet is calculated using the following formula for each type of Space (e.g., office, warehouse, etc.)

included in the Premises: ABOA SF of Space x (1 + CAF) = RSF.

C. 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.

D. Office Area. For the purposes of this Lease, Space shall be measured in accordance with the standard (Z65.1-1996) provided by American National Standards Institute/Building Owners and Managers Association (ANSI/BOMA) for Office Area, which means “the area where a tenant normally houses personnel and/or furniture, for which a measurement is to be computed.” References to ABOA mean ANSI/BOMA Office Area.

1.02 INTENTIONALLY DELETED

1.03 AUTHORIZED REPRESENTATIVES (OCT 2016)

Signatories to this Lease shall have full authority to bind their respective principals with regard to all matters relating to this Lease. No other persons shall be understood to have any authority to bind their respective principals except to the extent that such authority may be explicitly delegated by notice to the other party, or to the extent that such authority is transferred by succession of interest. The Government shall have the right to substitute its Lease Contracting Officer (LCO) by notice without an express delegation by the prior LCO.

1.04 HUBZONE SMALL BUSINESS CONCERNS ADDITIONAL PERFORMANCE REQUIREMENTS (SMALL) (OCT 2020)

If the Lessor is a qualified HUBZone small business concern (SBC) that did not waive the price evaluation preference then as required by 13 C.F.R.

126.700, the HUBZone SBC must spend at least 50% of the cost of the contract incurred for personnel on its own employees or employees of other qualified HUBZone SBC’s and must meet the performance of the work requirements for subcontracting in 13 C.F.R. § 125.6(c). If the Lessor is a HUBZone joint venture, the aggregate of the qualified HUBZone SBC’s to the joint venture, not each concern separately, must perform the applicable percentage of work required by this clause.

If the Lessor is a HUBZone small business concern (SBC) that did not waive the price evaluation preference, the Lessor shall provide a certification within 10 days after Lease award to the LCO (or representative designated by the LCO) that the Lessor was an eligible HUBZone SBC on the date of award. If it is determined within 20 days after award that a HUBZone SBC Offeror that has been awarded the Lease was not an eligible HUBZone SBC at the time of award, and the HUBZone SBC Lessor failed to provide the LCO with information regarding a change to its HUBZone eligibility prior to award, then the Lease shall be subject, at the LCO's discretion, to termination, and the Government will be relieved of all obligations to the Lessor in such an event and not be liable to the Lessor for any costs, claims, or damages of any nature whatsoever.

1.05 WAIVER OF RESTORATION (OCT 2021)

Lessor shall have no right to require the Government to restore the Premises upon expiration or earlier termination (full or partial) of the Lease, and waives all claims against the Government for:

a) waste, or,

b) damages or restoration arising from or related to:

(1) the Government's normal and customary use of the Premises during the term of the Lease (including any extensions thereof), as well as

(2) any initial or subsequent alteration to the Premises regardless of whether such alterations are performed by the Lessor or by the Government.

At its sole option, the Government may abandon property in the Space following expiration or earlier termination (full or partial) of the Lease, in which case the property will become the property of the Lessor, and the Government will be relieved of any liability in connection therewith.

1.06 NOVATION AND CHANGE OF OWNERSHIP (SMALL) (OCT 2016)

Consistent with GSAM 570.115, in the event of a transfer of ownership of the leased premises or a change in the Lessor’s legal name, FAR 42.12 applies.

LEASE NO. GS-10P-LOR00421, PAGE 4 LESSOR: ________ GOVERNMENT: ________ SUPPLEMENTAL LEASE

1.07 INTENTIONALLY DELETED

1.08 INTENTIONALLY DELETED

LEASE NO. GS-10P-LOR00421, PAGE 5 LESSOR: ________ GOVERNMENT: ________ SUPPLEMENTAL LEASE

SECTION 2 CONSTRUCTION STANDARDS AND SHELL COMPONENTS

2.01 WORK PERFORMANCE (SMALL) (SEP 2015)

All work in performance of this Lease shall be done by skilled and licensed workers or mechanics and shall be acceptable to the LCO.

2.02 EXISTING FIT-OUT, SALVAGED, OR REUSED BUILDING MATERIAL (SMALL) (SEP 2015)

The Lessor shall reuse items or materials in the construction phase of the project, as long as such meet the quality standards set forth by the Government in this Lease.

2.03 WOOD PRODUCTS (SMALL) (OCT 2020)

For all new installations of wood products, the Lessor is encouraged to use independently certified forest products. Refer to the Forest Stewardship Council United States (HTTPS://US.FSC.ORG/EN-US), or the Sustainable Forestry Initiative (HTTP://WWW.SFIPROGRAM.ORG/). Particle board, strawboard, and plywood materials used shall be free of formaldehyde or sufficiently aged prior to use such that indoor air levels in the finished leased space shall not exceed 0.016 parts per million (ppm) of formaldehyde. All materials comprised of combustible substances, such as wood plywood and wood boards, shall be treated with fire retardant chemicals by a pressure impregnation process or other methods that treats the materials throughout as opposed to surface treatment.

2.04 ADHESIVES AND SEALANTS (SMALL) (OCT 2020)

All adhesives employed on this project (including, but not limited to, adhesives for carpet, carpet tile, plastic laminate, wall coverings, adhesives for wood, or sealants) shall meet the requirements of the manufacturer of the products adhered or involved. The Lessor shall use adhesives and sealants with no heavy metals and that do not result in indoor air levels above 0.016 parts per million (ppm) of formaldehyde. Adhesives and other materials used for the installation of carpets shall be limited to those having a flash point of 140 degrees F or higher.

2.05 BUILDING SHELL REQUIREMENTS (SMALL) (OCT 2019)

A. The Wareyard Shell shall be designed, constructed, and maintained in accordance with the standards set forth herein and completed prior to acceptance of Space.

B. Intentionally Deleted

C. The Building Shell rental rate shall also include, but is not limited to, insurance, taxes, lease commission and management, in addition to profit, reserve costs and loan financing for the Building.

2.06 RESPONSIBILITY OF THE LESSOR AND LESSOR’S ARCHITECT/ENGINEER (SMALL) (SEP 2015)

THE LESSOR REMAINS SOLELY RESPONSIBLE FOR DESIGNING, CONSTRUCTING, OPERATING, AND MAINTAINING THE LEASED PREMISES IN FULL ACCORDANCE WITH THE REQUIREMENTS OF THE LEASE AND APPLICABLE CODES. The Lessor shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, or other services, as noted by the Government’s review or otherwise.

2.07 MEANS OF EGRESS (MAY 2015)

A. Prior to occupancy, the Premises and any parking garage areas shall meet or will be upgraded to meet either the applicable egress requirements in the National Fire Protection Association, Life Safety Code (NFPA 101) or the International Code Council, International Building Code (IBC), each current as of the Lease Award Date, or use an alternative approach or method that achieves an equivalent level of safety deemed acceptable by the Government.

B. Intentionally Deleted

C. Intentionally Deleted

D. Intentionally Deleted

E. Intentionally Deleted

2.08 INTENTIONALLY DELETED

2.09 INTENTIONALLY DELTED

2.10 INTENTIONALLY DELETED

2.11 INTENTIONALLY DELETED

Y https://us.fsc.org/en-us http://www.sfiprogram.org/

LEASE NO. GS-10P-LOR00421, PAGE 6 LESSOR: ________ GOVERNMENT: ________ SUPPLEMENTAL LEASE

2.12 DEMOLITION (JUN 2012)

The Lessor shall remove existing abandoned electric, telephone, and data cabling and devices, as well as any other improvements or fixtures in place to accommodate the Government’s requirements. Any demolition of existing improvements that is necessary to satisfy the Government’s layout shall be done at the Lessor’s expense.

2.13 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.

2.14 INTENTIONALLY DELETED

2.15 INTENTIONALLY DELETED

2.16 INTENTIONALLY DELETED

2.17 INTENTIONALLY DELETED

2.18 INTENTIONALLY DELETED

2.19 INTENTIONALLY DELETED

2.20 INTENTIONALLY DELETED

2.21 MECHANICAL, ELECTRICAL, PLUMBING: GENERAL (SMALL) (SEP 2015)

A. The Lessor shall be responsible for meeting the applicable requirements of all federal, state, and local codes and ordinances. When codes conflict, the more stringent standard shall apply.

B. The Lessor shall provide and operate all Building equipment and systems in accordance with applicable technical publications, manuals, and standard procedures.

C. Intentionally deleted

2.22 INTENTIONALLY DELETED

2.23 INTENTIONALLY DELETED

2.24 INTENTIONALLY DELETED

2.25 INTENTIONALLY DELETED

2.26 INTENTIONALLY DELETED

2.27 INTENTIONALLY DELETED

2.28 INTENTIONALLY DELETED

2.29 NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS - LEASE (SMALL) (SEP 2015)

A. Where a Memorandum of Agreement or other pre-award agreement concluding the Section 106 consultation includes mitigation, design review or other continuing responsibilities of the Government, Lessor must allow the Government access to the Property to carry out compliance activities. For Tenant Improvements and other tenant-driven alterations within an existing historic building, that could affect historic properties, compliance also may require on-going design review. In these instances, Lessor will be required to retain, at its sole cost and expense, the services of a preservation architect who meets or exceeds the Secretary of the Interior’s Professional Qualifications Standards for Historic Architecture, as amended and annotated and previously published in the Code of Federal Regulations, 36 C.F.R. part 61, and the GSA Qualifications Standards for Preservation Architects. These standards are available at: HTTP://WWW.GSA.GOV/HISTORICPRESERVATION>Project Management Tools> Qualification Requirements for Preservation Architects. The preservation architect will be responsible for developing preservation design solutions and project documentation required for review by the Government, the State Historic Preservation Officer (SHPO), the Tribal Historic Preservation Officer (THPO), if applicable, and other consulting parties in accordance with Section 106. For Tenant Improvements and other tenant-driven alterations within an existing historic building, the preservation architect must develop context-sensitive design options consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

B. The costs for development of design alternatives and review submittals for work required under the Lease are the sole responsibility of Lessor.

In addition, building shell costs relating to such design alternatives are the sole responsibility of Lessor and must be included in the shell rent http://www.gsa.gov/historicpreservation

LEASE NO. GS-10P-LOR00421, PAGE 7 LESSOR: ________ GOVERNMENT: ________ SUPPLEMENTAL LEASE

SECTION 3 DESIGN, CONSTRUCTION, AND POST AWARD ACTIVITIES

3.01 SCHEDULE FOR COMPLETION OF SPACE (SMALL) (OCT 2020)

Design and construction activities for the Space shall commence upon Lease award. The Lessor shall schedule the following activities to achieve timely completion of the work required by this Lease:

A. Intentionally Deleted

B. Intentionally Deleted

C. Construction Schedule. The Lessor shall complete all required build-out conforming to the Lease within 30 Working Days of Lease award.

3.02 ACCESS BY THE GOVERNMENT PRIOR TO ACCEPTANCE (SMALL) (OCT 2020)

Subject to the Lessor's permission, which shall not be unreasonably withheld, the Government or its contractors shall have access to the Premises prior to acceptance of the Space.

3.03 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY (SMALL) (OCT 2021)

A. The Government shall accept the Space only if the construction of Building shell and TIs, as applicable, conforming to this Lease and any layout drawings is substantially complete, as determined by the Lease Contracting Officer. The Space shall be considered substantially complete only if the Space may be used for its intended purpose and completion of remaining work will not interfere unreasonably with the Government's enjoyment of the Space.

B. Intentionally Deleted

C. Intentionally Deleted

3.04 LEASE TERM COMMENCEMENT DATE AND RENT RECONCILIATION (SMALL) (OCT 2021)

The Lease Term Commencement Date, and final measurement verification of the Space, shall be memorialized by Lease Amendment.

3.05 INTENTIONALLY DELETED

3.06 INTENTIONALLY DELETED

3.07 INTENTIONALLY DELETED

LEASE NO. GS-10P-LOR00421, PAGE 8 LESSOR: ________ GOVERNMENT: ________ SUPPLEMENTAL LEASE

SECTION 4 TENANT IMPROVEMENT COMPONENTS

4.01 TENANT IMPROVEMENTS AND PRICING (SMALL) (SEP 2015)

A. The Lease is a fully serviced, turnkey Lease with a fixed rent that covers all Lessor costs, including all demolition, shell upgrades, TIs, insurance, operating costs, taxes, parking, and security upgrades. Rent will be based upon a proposed rental rate per rentable square foot (RSF), limited by the offered rate and the maximum SF solicited under this RLP. The Tenant Improvements to be delivered by the Lessor will be based upon information provided with this Lease, The Lessor will be required to design and build the TIs and will be compensated for the TI costs through the rent. Offerors are encouraged to consider the use of existing fit-out and other improvements to minimize waste.

B. Intentionally Deleted

C. Intentionally Deleted

4.02 INTENTIONALLY DELETED

4.03 INTENTIONALLY DELETED

4.04 INTENTIONALLY DELETED

4.05 INTENTIONALLY DELETED

4.06 INTENTIONALLY DELETED

4.07 INTENTIONALLY DELETED

4.08 INTENTIONALLY DELETED

4.09 INTENTIONALLY DELETED

4.10 INTENTIONALLY DELETED

4.11 INTENTIONALLY DELETED

4.12 INTENTIONALLY DELETED

4.13 INTENTIONALLY DELETED

4.14 INTENTIONALLY DELETED

4.15 INTENTIONALLY DELETED

4.16 INTETIONALLY DELETED

LEASE NO. GS-10P-LOR00421, PAGE 9 LESSOR: ________ GOVERNMENT: ________ SUPPLEMENTAL LEASE

SECTION 5 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM

5.01 PROVISION OF SERVICES, ACCESS, AND NORMAL HOURS (SMALL) (MODIFIED)

The Government’s normal hours of operations are established as 7:30 AM to 5:00 PM, Monday through Friday, with the exception of Federal holidays.

Services, maintenance, and utilities shall be provided during these hours. The Government shall have access to the Premises and its Appurtenant Areas at all times without additional payment, including the use, during other than normal hours, of necessary services and utilities such as lights, and electric power.

5.02 UTILITIES (APR 2011)

The Lessor is responsible for providing all utilities necessary for base Building and tenant operations as part of the rental consideration.

5.03 INTENTIONALLY DELETED

5.04 INTENTIONALLY DELETED

5.05 INTENTIONALLY DELETED

5.06 INTENTIONALLY DELETED

5.07 IDENTITY VERIFICATION OF PERSONNEL (OCT 2021)

A. The Government reserves the right to verify identities of personnel with routine and/or unaccompanied access to the Government's Space, including both pre and post occupancy periods. The Lessor shall comply with GSA personal identity verification requirements, identified in the CIO P

2181.1 GSA HSPD-12 Personal Identity Verification and Credentialing Handbook. The Lessor can find the CIO policy and additional information at HTTP://WWW.GSA.GOV/HSPD12. This policy requires the Government to conduct background investigations and make HSPD-12 compliant suitability determinations for all persons with routine or unaccompanied access to Government leased Space. By definition, this includes at a minimum each employee of the Lessor, as well as employees of the Lessor's contractors or subcontractors who will provide building operating services requiring routine access to the Government’s leased Space for a period greater than 6 months. The Government may also require this information for the Lessor's employees, contractors, or subcontractors who will be engaged to perform alterations or emergency repairs in the Government’s Space.

B. Application Process: The background investigation will be done using the Government's prescribed process. The Lessor must provide information on each of their contractor/personnel meeting the above criteria to the Government, whereupon each identified contractor/personnel will be notified with instructions for completing the identity verification application within a given time frame. The application process will include completing supplemental information forms that must be inputted into the identity verification system in order for the application to be considered complete.

Additionally, the Lessor must ensure prompt completion of the fingerprint process for their contractor/personnel. Email notifications will be sent with instructions on the steps to be taken to schedule an appointment for fingerprinting at an approved regional location along with instructions on how to complete the background investigation application.

C. The Lessor must ensure the Lease Contracting Officer (or the Lease Contracting Officer's designated representative) has all of the requested documentation timely to ensure the completion of the investigation.

D. Based on the information furnished, the Government will conduct background investigations. The Lease Contracting Officer will advise the Lessor in writing if a person fails the investigation, and, effective immediately, that person will no longer be allowed to work or be assigned to work in the Government’s Space.

E. Throughout the life of the Lease, the Lessor shall provide the same data for any new employees, contractors, or subcontractors who will be assigned to the Government’s Space in accordance with the above criteria. In the event the Lessor's contractor or subcontractor is subsequently replaced, the new contractor or subcontractor is not required to have persons re-apply who were cleared through this process while associated with the former contractor or subcontractor in accordance with GSA policy. The Lessor shall require each cleared person to re-apply and obtain a new clearance in accordance with GSA policy.

F. The Lessor is accountable for not allowing contractors to start work without the successful completion of the appropriate background investigation as required by GSA policy.

G. Access Card Retrieval/Return: Upon an Entry on Duty notification, the Government will issue a Personal Identity Verification (PIV) credential that is sometimes referred to as a GSA Access card. Lessors are responsible for all PIV credential issued to their contractors/personnel pursuant to this Lease. Lessors are specifically responsible for ensuring that all GSA PIV access cards are returned to the Lease Contracting Officer or their designee whenever their employees or a contractor no longer require access to the Space (such as when no longer needed for contract performance, upon completion of the Contractor employee’s employment, and upon contract completion or termination). Additionally, the Lessor must notify the Lease Contracting Officer or their designee whenever a GSA PIV Access card is lost or stolen in which event the Lessor may be responsible for reimbursing the Government for replacement credentials at the current cost per PIV HSPD12 credential. Unreturned PIV Access cards will be considered as lost or stolen cards.

H. The Government reserves the right to conduct additional background checks on Lessor personnel and contractors with routine access to Government leased Space throughout the term of the Lease to determine who may have access to the Premises.

I. The Lease Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

LEASE NO. GS-10P-LOR00421, PAGE 10 LESSOR: ________ GOVERNMENT: ________ SUPPLEMENTAL LEASE

J. The Lessor shall insert this paragraph in all subcontracts when the subcontractor is required to have physical access to a federally controlled facility or access to a federal information system.

5.08 INTENTIONALLY DELETED

5.09 INTENTIONALLY DELETED

5.10 INTENTIONALLY DELETED

5.11 INTENTIONALLY DELETED

5.12 HAZARDOUS MATERIALS (SEP 2013)

A. The leased Space shall be free of hazardous materials, hazardous substances, and hazardous wastes, as defined by and according to applicable Federal, state, and local environmental regulations. Should there be reason to suspect otherwise, the Government reserves the right, at Lessor’s expense, to require documentation or testing to confirm that the Space is free of all hazardous materials.

B. Lessor shall, to the extent of its knowledge, notify Government of the introduction of any hazardous materials onto the Property by Lessor or others, including but not limited to, co-tenants occupying Space in the Building.

5.13 MOLD (SMALL) (OCT 2021)

A. Actionable mold is either visible mold or airborne mold of types and concentrations in excess of that found in the local outdoor air or non-problematic control areas elsewhere in the same building, whichever is lower.

B. The Lessor shall provide Space to the Government that is free from actionable mold and free from any conditions, such as ongoing water leaks or moisture infiltration, 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). Ventilation zones serving the Space shall also be free of actionable mold. The Lessor shall safely remediate all actionable mold in accordance with methods identified in "Mold Remediation in Schools and Commercial Buildings" (EPA 402-K-01-001, September 2008 or ANSI/IICRC S520-2015 Standard for Professional Mold Remediation) and all applicable state laws pertaining to mold remediation practices.

5.14 OCCUPANT EMERGENCY PLANS (OCT 2020)

The Lessor is required to cooperate, participate and comply with the development and implementation of the Government’s Occupant Emergency Plan (OEP) and a supplemental Shelter-in Place (SIP) Plan. Periodically, the Government may request that the Lessor assist in reviewing and revising its OEP and SIP. The Plan, among other things, will include evacuation procedures and an annual emergency evacuation drill, emergency shutdown of air intake procedures, and emergency notification procedures for the Lessor’s Building engineer or manager, Building security, local emergency personnel, and Government agency personnel.

LEASE NO. GS-10P-LOR00421, PAGE 11 LESSOR: ________ GOVERNMENT: ________ SUPPLEMENTAL LEASE

SECTION 6 ADDITIONAL TERMS AND CONDITIONS

6.01 SECURITY REQUIREMENTS (SMALL) (OCT 2019)

The Lessor agrees to the requirements of Security Level I attached to this Lease. Level I Security is included in shell rent.

6.02 MODIFIED LEASE PARAGRAPHS (OCT 2016)

The following paragraphs have been modified in this Lease:

5.01 PROVISION OF SERVICES, ACCESS AND NORMAL HOURS

6.03 RENTAL CONSIDERATION FOR SMALL LEASES (OCT 2019)

Rent shall be paid by electronic funds transfer (EFT) using the EFT information contained in the System for Award Management (SAM). In the event the EFT information changes, the Lessor shall be responsible for providing the updated information to SAM. Failure by the Lessor to maintain an active registration in SAM may result in delay of rental payments until such time as the SAM registration is activated. Rent shall be inclusive of all costs incurred by the Lessor for the construction of Building shell, Tenant Improvements (TIs) specified in the Lease, all taxes of any kind, and all operating costs.

Unless a separate rate is specified, rights to parking areas will be deemed included in the rent.

6.04 PROVISIONAL ACCEPTANCE (FEB 2021)

A. At a time of exceptional circumstance, i.e., pandemic, the Government may accept the Space on a provisional basis until such time that a re-inspection on-site can occur. In this instance and upon request from the LCO, the Lessor shall provide such documentation (e.g., picture(s), video(s) and/or a representative on-site for a live-stream or ‘virtual’ walkthrough) to confirm substantial completion. In such an instance the Government may withhold a percentage of lump sum Tenant Improvement payment as a reserve to ensure that all deficiencies and/or punch list item(s) will be addressed by the Lessor within the time frame established or until the Government can determine the space has been delivered in accordance with the Lease requirements, Design Intent Drawings and Construction Drawings.

B. At such time as a physical on-site inspection is deemed possible by the Government, the Government reserves the right to physically inspect the Space with an on-site representative to conduct a space measurement and to document any deficiencies and/or punch-list item(s) for the Lessor’s correction.

C. Upon re-inspection and Government acceptance of any deficiencies and/or punch list item(s) documented per above, or in the instance of no such documented items, this provisional acceptance will be rendered non-provisional and fully accepted by the Government via subsequent Lease Amendment.