02_GSA_Form_3517A_DACA84-5-16-0049.pdf

Please wait...

If this message is not eventually replaced by the proper contents of the document, your PDF viewer may not be able to display this type of document.

You can upgrade to the latest version of Adobe Reader for Windows®, Mac, or Linux® by visiting http://www.adobe.com/go/reader_download.

For more assistance with Adobe Reader visit http://www.adobe.com/go/acrreader.

Windows is either a registered trademark or a trademark of Microsoft Corporation in the United States and/or other countries. Mac is a trademark of Apple Inc., registered in the United States and other countries. Linux is the registered trademark of Linus Torvalds in the U.S. and other countries.

INITIALS:

LESSOR

GOVERNMENT

GSA FORM 3517A PAGE

(09/15)

LESSOR

GOVERNMENT

GSA FORM 3517A PAGE

(09/15)

INITIALS:

LESSOR

GOVERNMENT

GSA FORM 3517A PAGE

(09/15)

INITIALS:

LESSOR

GOVERNMENT

GSA FORM 3517A PAGE

(09/15)

INITIALS:

LESSOR

GOVERNMENT

GSA FORM 3517A PAGE

(09/15)

INITIALS:

LESSOR

GOVERNMENT

GSA FORM 3517A PAGE

(09/15)

INITIALS:

LESSOR

GOVERNMENT

GSA FORM 3517A PAGE

(09/15)

INITIALS:

LESSOR

GOVERNMENT

GSA FORM 3517A PAGE

(09/15)

GENERAL CLAUSES

(Acquisition of Leasehold Interests in Real Property for Leases Up to $150,000 Net Annual Rent) 1.

MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT (SIMPLIFIED) (APR 2015)

The Lessor shall maintain the Property, including the Building, Building systems, and all equipment, fixtures, and appurtenances furnished by the Lessor under this Lease, in good repair and tenantable condition. Upon request of the Lease Contracting Officer (LCO), the Lessor shall provide written documentation that Building systems have been properly maintained, tested, and are operational within manufacturer's warranted operating standards. The Lessor shall maintain the Premises in a safe and healthful condition according to applicable OSHA standards, including standards governing indoor air quality, existence of mold and other biological hazards, presence of hazardous materials, etc. The Government shall have the right, at any time after the Lease is signed and during the term of the Lease, to inspect all areas of the Property to which access is necessary for the purpose of determining the Lessor's compliance with this clause.

2.

If the building is partially or totally destroyed or damaged by fire or other casualty so that the leased space is untenantable as determined by the Government, the Government may terminate the lease upon 15 calendar days written notice to the Lessor and no further rental will be due.

3.

The Lessor shall maintain the demised premises, including the building, building systems, and all equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and tenantable condition. Upon request of the Contracting Officer, the Lessor shall provide written documentation that building systems have been maintained, tested, and are operational.

4.

DEFAULT BY LESSOR (APR 2012)

A.

The following conditions shall constitute default by the Lessor, and shall give rise to the following rights and remedies for the Government:

(1) Prior to Acceptance of the Premises. Failure by the Lessor to diligently perform all obligations required for Acceptance of the Space within the times specified, without excuse, shall constitute a default by the Lessor. Subject to provision of notice of default to the Lessor, and provision of a reasonable opportunity for the Lessor to cure its default, the Government may terminate the Lease on account of the Lessor's default.

(2) After Acceptance of the Premises. Failure by the Lessor to perform any service, to provide any item, or satisfy any requirement of this Lease, without excuse, shall constitute a default by the Lessor. Subject to provision of notice of default to the Lessor, and provision of a reasonable opportunity for the Lessor to cure its default, the Government may perform the service, provide the item, or obtain satisfaction of the requirement by its own employees or contractors. If the Government elects to take such action, the Government may deduct from rental payments its costs incurred in connection with taking the action. Alternatively, the Government may reduce the rent by an amount reasonably calculated to approximate the cost or value of the service not performed, item not provided, or requirement not satisfied, such reduction effective as of the date of the commencement of the default condition.

(3) Grounds for Termination. The Government may terminate the Lease if:

(i) The Lessor's default persists notwithstanding provision of notice and reasonable opportunity to cure by the Government, or (ii) The Lessor fails to take such actions as are necessary to prevent the recurrence of default conditions, and such conditions (i) or (ii) substantially impair the safe and healthful occupancy of the Premises, or render the Space unusable for its intended purposes.

(4) Excuse. Failure by the Lessor to timely deliver the Space or perform any service, provide any item, or satisfy any requirement of this Lease shall not be excused if its failure in performance arises from:

(i) Circumstances within the Lessor's control;

(ii) Circumstances about which the Lessor had actual or constructive knowledge prior to the Lease Award Date that could reasonably be expected to affect the Lessor's capability to perform, regardless of the Government's knowledge of such matters;

(iii) The condition of the Property;

(iv) The acts or omissions of the Lessor, its employees, agents or contractors; or (v) The Lessor's inability to obtain sufficient financial resources to perform its obligations.

(5) The rights and remedies specified in this clause are in addition to any and all remedies to which the Government may be entitled as a matter of law.

5.

INTEGRATED AGREEMENT (JUN 2012)

This Lease, upon execution, contains the entire agreement of the parties and no prior written or oral agreement, express or implied, shall be admissible to contradict the provisions of the Lease. Except as expressly attached to and made part of the Lease, neither the Request for Lease Proposals nor any pre-award communications by either party shall be incorporated in the Lease.

6.

CHANGES (SIMPLIFIED) (SEP 2011)

A.

The LCO may at any time, by written order, direct changes to the TIs within the Space, Building Security Requirements, or the services required under the Lease.

B.

If any such change causes an increase or decrease in Lessor's costs or time required for performance of its obligations under this Lease, whether or not changed by the order, the Lessor shall be entitled to an amendment to the Lease providing for one or more of the following:

1.

An adjustment of the delivery date;

2.

An equitable adjustment in the rental rate; or 3.

A lump sum equitable adjustment.

C.

The Lessor shall assert its right to an amendment under this clause within 30 days from the date of receipt of the change order and shall submit a proposal for adjustment. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, the pendency of an adjustment or existence of a dispute shall not excuse the Lessor from proceeding with the change, except the Lessor shall not be obligated to comply with such order or direction if the adjustment to which it is entitled causes the annual rent (net of operating costs) to exceed the Simplified Lease Acquisition Threshold established under GSAR 570.102.

D.

Absent a written change order from the LCO, or from a Government official to whom the LCO has explicitly delegated in writing the authority to direct changes, the Government shall not be liable to Lessor under this clause.

7.

COMPLIANCE WITH APPLICABLE LAW (JAN 2011)

Lessor shall comply with all Federal, state and local laws applicable to its ownership and leasing of the Property, including, without limitation, laws applicable to the construction, ownership, alteration or operation of all Buildings, structures, and facilities located thereon, and obtain all necessary permits, licenses and similar items at its own expense. The Government will comply with all Federal, state and local laws applicable to and enforceable against it as a tenant under this Lease, provided that nothing in this Lease shall be construed as a waiver of the sovereign immunity of the Government. This Lease shall be governed by Federal law.

9.

52.252_2

CLAUSES INCORPORATED BY REFERENCE (VARIATION) (DEC 2003)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or the full text may be found at http:// www.acquisition.gov.

10.

The following clauses are incorporated by reference:

FAR 52.204-7

SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

FAR 52.204-13

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

FAR 52.209_6

Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) (Applicable to leases over $30,000.)

FAR 52.215_10

PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA

(AUG 2011)

(Applicable when cost or pricing data are required for work or services over $700,000.)

FAR 52.215_12

SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010)

(Applicable when the clause at FAR 52.215_10 is applicable.)

FAR 52.219_9

SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2014) ALTERNATE III

(OCT 2014) (Applicable to Leases over $650,000.)

FAR 52.219_16

LIQUIDATED DAMAGES --SUBCONTRACTING PLAN (JAN 1999)

(Applicable to leases over $650,000.)

FAR 52.222_21

PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

(Applicable to leases over $10,000.)

FAR 52.222_26

EQUAL OPPORTUNITY (APR 2015)

(Applicable to leases over $10,000.)

FAR 52.222_35

EQUAL OPPORTUNITY FOR VETERANS (JUL 2014)

(Applicable to leases $100,000 or more. Full text may be found at http://www.acquisition.gov)

FAR 52.222_36

EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(Applicable to leases over $15,000. Full text may be found at http://www.acquisition.gov)

FAR 52.222_37

EMPLOYMENT REPORTS ON VETERANS (JUL 2014)

(Applicable to leases $100,000 or more.)

FAR 52.223-6

DRUG-FREE WORKPLACE (MAY 2001)

(Applicable to Leases over $150,000 average net annual rent including option periods as well as to any Leases of any value awarded to an individual)

FAR 52.232 -23

ASSIGNMENT OF CLAIMS (MAY 2014)

(Applicable to leases over the micro-purchase threshold.)

FAR 52.232_33

PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD

MANAGEMENT (JUL 2013)

FAR 52.233_1

DISPUTES (MAY 2014)

GSAR 552.219-73

GOALS FOR SUBCONTRACTING PLAN (JUN 2005) Alternate I (SEP 1999) (Applicable to leases over $650,000.)

GSAR 552.270_12

ALTERATIONS (SEP 1999)

GSAR 552.270-16

ADJUSTMENT FOR VACANT PREMISES (JUN 2011)

GSAR 552.270 20

PAYMENT (MAY 2011)

GSAR 552.270_25

SUBSTITUTION OF TENANT AGENCY (SEP 1999)

GSAR 552.270-28

MUTUALITY OF OBLIGATION (SEP 1999)

GSAR 552.270_31

PROMPT PAYMENT (JUN 2011)

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.

3517b 3517b of the sfo General Services Administration Normal RezaMotamedamin Microsoft Office Word

5/27/2015 1:49:00 PM

1/5/2016 2:34:00 PM

1/5/2016 2:34:00 PM

U.S. Federal Government 34462 10162

1/5/2016 2:34:00 PM