Standard_Space_Lease_July_2016.doc

Lease No. <Assigned #>

<ATID, Facility Type>

<City, State>

STANDARD SPACE LEASE

Between

THE UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

And

<INSERT LESSOR’S LEGAL NAME>

Lease No. <Assigned #> <ATID, Facility Type>

<City, State> This Lease, is entered into by and between <Lessor's Legal Name> whose address is <Lessor’s Legal Address> and interest in the property hereinafter described is Owner hereby referred to as the Lessor and the United States of America, hereinafter referred to as the Government or the FAA. The Parties hereto, and for the consideration hereinafter mentioned, covenant and agree as follows:

1. Terms

1.1. DESCRIPTION (07/14) - The Lessor hereby leases to the Government the following described premises, including parking, if applicable.

<Fill in Description> <Fill in Quantity of Parking Spaces> The Lessor shall provide reserved off-street parking spaces at no additional cost to the Government. Compliant accessible parking spaces shall be provided in accordance with the requirements of the Architectural Barriers Act Accessibility Standards (ABAAS) 42 U.S.C 4151 and as set forth in the ABAAS scoping table. The Lessor shall maintain the parking areas in good repair and provide snow and ice removal, as well as the removal of any obstruction that limits the Government access to its designated spaces

1.2. LEASE TERM (8/02) - To have and to hold, for the term commencing on <Start Date> and continuing through <End Date> inclusive, PROVIDED, that adequate appropriations are available from year to year for the payment of rentals.

1.2.1. OPTION(S) TO EXTEND TERM (07/07) (O) - The lease may, at the option of the Government, be extended beyond <Fill in Date> at the rental rate established in Lease Term clause herein and upon the terms and conditions herein specified and no extension shall extend beyond <Fill in Date>. The Government shall notify the Lessor no later than ninety (90) days before the expiration of the lease term, of its intent to exercise the option(s) or of its intent to vacate the premises at the end of the lease term. Any extension exercised by the Government pursuant to this clause shall be subject to the availability of adequate appropriations from year to year for the payment of rentals.

1.3. CANCELLATION (8/02) - The Government may terminate this lease at any time, in whole or in part, if the Real Estate Contracting Officer (RECO) determines that a termination is in the best interest of the Government. The RECO shall terminate by delivering to the Lessor a written notice specifying the effective date of the termination The termination notice shall be delivered by certified mail return receipt requested and mailed at least <insert #> days before the effective termination date..

1.4. CONSIDERATION (07/14) - Rent in the amount of $ <Insert Dollar Amount> per annum will be payable at the rate of $<Insert Dollar Amount>per month to the Lessor in arrears, without the submission of invoices or vouchers, and subject to available appropriations. The rental payments are due on the first business day following the end of the payment period. Rent will be considered paid on the date a check is dated or an electronic funds transfer is made.

1.4.1. INTEREST FOR LATE PAYMENTS (04/12) (O) - If requested by the Lessor in writing, the Government will pay an interest penalty when payment is not made within 90 days of the due date.

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. 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.

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. Interest penalties of less than $1.00 need not be paid.

Interest penalties will not be paid on delays due to disagreement between the Government and Lessor over the payment amount, requests for additional information, or for other issues involving contract compliance, or on amounts temporally withheld or retained in accordance with the terms of the contract.

For payments other than rent, the Lessor shall prepare and submit an invoice to the RECO or the RECO’s designated representative for approval not later than 60 days after completion and acceptance of the work. An invoice shall include the following items:

1. Name and address of the Lessor

2. Invoice date

3. Lease Number

4. Government’s order number or other authorization.

5. Description, price, and quantity of work or services delivered.

6. Name and address of Lessor official to whom payment is to be sent

1.4.2. OPERATING COSTS ESCALATOR (10/15) (O)

A. The base for the operating costs adjustment will be $<insert base amount for operating costs>.

B. Calculating Annual Adjustment: Beginning with the second year of the lease and each year after, the Government shall pay 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 (Operating Costs).

The amount of adjustment will be determined by multiplying the base amount above, as negotiated and established prior to the lease award, by the percentage change in the Cost of Living Index for that year.. The percentage change for a particular year shall be computed by comparing the index figure published for the month prior to that month which begins each successive l2-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. The Cost of Living Index is found in the U.S. Department of Labor Revised Consumer Price Index for Urban Wage Earners and Clerical Workers, U.S. City Average, All Items figure, (1982 to 1984=100) published by the Bureau of Labor Statistics. The total CPI adjustment amount will be incorporated into the fixed rental amount and paid in accordance with the terms of the lease.

C. Annual Maximum Adjustment: Notwithstanding the immediately preceding paragraph, the maximum adjustment for any 12-month period payable by the Government shall not exceed <insert percent of maximum annual adjustment>percent above the base amount for the operating costs.

D. Rental adjustments shall be effective on the anniversary date of the lease, however, payment of the adjusted rental rate shall 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 12-month period.

E. If Government exercises an option to extend the lease term at the same base rental rate as that of the original term, the total monthly rent to be paid during the option period shall be based on the CPI adjustments made during the original term. Annual adjustments for operating costs will continue in the same manner as during the original term of the lease.

F. In the event the Cost of Living Index decreases at any time during the term of the lease, the rental amount will be reduced accordingly. The amount of any such reductions will be determined in the same manner as the increases in rent provided under this clause.

1.4.3. TAX ADJUSTMENT (10/96) (O)

A. The Government shall pay additional rent for its share of increases in real estate taxes over taxes paid for the calendar year in which its lease commences (Base year 2010). Payment will be in a lump sum and become due on the first workday of the month following the month in which paid tax receipts for the base year and the current year are presented, or the anniversary date of the lease, whichever is later. The Government will be responsible for payment only if the receipts are submitted within 60 calendar days of the date the tax payment is due. If no full tax assessment is made during the calendar year in which the Government lease commences, the base year will be the year of a full assessment.

B. The Government's share of the tax increase will be based on the ratio of the square feet occupied by the Government to the total rentable square feet in the building. If the Government's lease terminates before the end of a calendar year, payment will be based on the percentage of the year in which the Government occupied space. The payment will not include penalties for non-payment or delay in payment. If there is any variance between the assessed value of the Government's space and other space in the building, the Government may adjust the basis for determining its share of the tax increase.

C. The Government may contest the tax assessment by initiating legal proceedings on behalf of the Government and the Lessor or the Government alone. If the Government is precluded from taking legal action, the Lessor shall contest the assessment upon reasonable notice by the Government. The Government shall reimburse the Lessor for all costs and shall execute all documents required for the legal proceedings. The Lessor shall agree with the accuracy of the documents. The Government shall receive its share of any tax refund. If the Government elects to contest the tax assessment, payment of the rent shall become due on the first workday of the month following conclusion of the appeal proceedings.

D. In the event of any decreases in real estate taxes occurring during the term of occupancy under the lease, the rental amount will be reduced accordingly. The amount of any such reductions will be determined in the same manner as increases in rent provided under this clause.

1.5. RENT COMMENCEMENT (10/14) - The rent commencement date (for each increment) shall be the date that the leased premises are accepted in writing by the Government. Any rental paid by the Government prior to actual occupancy shall not include the cost for services and utilities. In any event, the Government shall not be required to accept space and commence rent prior acceptance of space by the Government.

1.6. LEASE COMMENCEMENT (7/10) - The Government shall issue a Supplemental Lease Agreement, to establish the lease commencement date after the acceptance of all space, if different from the date previously established in the lease. In any case, the rental commencement date shall not be prior to the commencement date of the lease.

1.7. HOLDOVER (07/14) - If after the expiration of the lease, the Government shall retain possession of the premises, the lease shall continue in force and effect on a month-to-month basis. Rent shall be paid in accordance with the terms of the lease, in arrears on a prorated base, at the rate paid during the lease term. This period shall continue until the Government shall have signed a new lease with the Lessor, acquire the property in fee, or vacated the premises.

1.8. LESSORS SUCCESSORS (10/96) - The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assigns.

1.9. ADJUSTMENT FOR VACANT PREMISES (10/96) - If the Government fails to occupy any portion of the leased premises or vacates the premises in whole or in part prior to expiration of the firm term of the lease, the rental rate shall be reduced as follows: The rate shall be reduced by that portion of the costs per square foot of operating expenses not required to maintain the space. Said reduction shall occur after the Government gives 30 days prior notice to the Lessor, and shall continue in effect until the Government occupies the premises or the lease expires or is terminated.

2. GENERAL CLAUSES

2.1. ACCESSIBILITY (07/14) - The Building and the leased premises shall be accessible to persons with disabilities pursuant to the Architectural Barriers Act and Rehabilitation Act as detailed in the Architectural Barriers Act Accessibility Standards (ABAAS) 41 CFR Parts 102-71, 102-72, et al, and all applicable state and local accessibility laws and regulations. ABAAS is available at www.access-board.gov.

Subject to the exception set forth herein, separate ABAAS compliant toilet facilities for men and women shall be provided on each floor where the GOVERNMENT leases space. Separate ABAAS compliant toilet facilities shall not be required if due to the age of the building, design layout, or other structural requirements, it is technically infeasible to do so. In the event the Lessor determines that it is technically infeasible to provide separate ABAAS compliant toilet facilities, the Lessor shall provide the basis for the determination of technical infeasibility in writing to the Real Estate Contracting Officer, together with all supporting documentation.

Water closets and urinals shall not be visible when the exterior door is open. Each toilet room shall contain toilet paper dispensers, soap dispensers, paper towel dispensers, waste receptacles; a coin operated sanitary napkin dispenser with receptacle for each toilet in the women’s restroom, disposable toilet seat cover dispensers, a convenience outlet, and hot and cold water for all restrooms. No fewer than two drinking fountains shall be provided. One drinking fountain shall be a low unit commonly called a wheelchair unit and one drinking fountain shall comply with standing persons requirements, unless sufficient space is not available to provide both a wheelchair unit and a standing persons unit. In such instance, and subject to the approval of the Real Estate Contracting Officer, a single unit able to accommodate both disabled and non-disabled persons shall be provided.

2.2. CHANGES (10/14)

A. The Real Estate 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:

1. Work or services;

2. Facilities or space layout; or

3. 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 Real Estate Contracting Officer shall modify this lease to provide for one or more of the following:

1. An equitable adjustment in the rental rate;

2. A lump sum equitable adjustment; or

3. An equitable adjustment of the annual operating costs per occupiable square foot specified in the Solicitation For Offers (SFO).

C. 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 Contract 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.

2.3. CONTRACT DISPUTES (11/03) - All contract disputes arising under or related to this lease contract will be resolved through the FAA dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and will be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and will apply only to final agency decisions. A Lessor may seek review of a final Government decision only after its administrative remedies have been exhausted.

All Contract Disputes will be in writing and will be filed at the following address:

Office of Dispute Resolution for Acquisition, AGC-70, Federal Aviation Administration, 800 Independence Avenue, S.W., Room 323,Washington, DC 20591, Telephone: (202) 267-3290, Facsimile: (202) 267-3720

A contract dispute against the FAA will be filed with the ODRA within two (2) years of the accrual of the lease contract claim involved. A contract dispute is considered to be filed on the date it is received by the ODRA.

The full text of the Contract Disputes clause is incorporated by reference. Upon request the full text will be provided by the RECO.

2.4. MAINTENANCE OF THE PREMISES (10/96) - The LESSOR will maintain the demised premises, including the building, grounds, and all equipment, fixtures, and appurtenances furnished by the LESSOR under this lease, in good repair and tenantable condition.

2.5. FAILURE IN PERFORMANCE (10/96) - In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of this lease, the Government may perform the service, provide the item, or meet the requirement, either directly or through a contract. The Government may deduct any costs incurred for the service or item, including administrative costs, from the rental payments. No deduction of rent pursuant to this clause will constitute default by the Government on this lease.

2.6. NO WAIVER (10/96) - No failure by the Government to insist upon strict performance of any provision of this lease, or failure to exercise any right, or remedy consequent to a breach thereof, will constitute a waiver of any such breach in the future.

2.7. NON-RESTORATION (10/96) - The Government will have no obligation to restore and/or rehabilitate, either wholly or partially, the premises under this lease. It is further agreed that the Government may abandon in place any or all of the structures, improvements and/or equipment installed in or located upon said property by the Government during its tenure. Notice of abandonment will be conveyed to the Lessor in writing.

2.8. DAMAGE BY FIRE OR OTHER CASUALTY (10/96) - If the building or structure is partially or totally destroyed or damaged by fire or other casualty or if environmentally hazardous conditions are found to exist so that the leased premises is untenantable as determined by the Government, the Government may terminate the lease, in whole or in part, immediately by giving written notice to the Lessor and no further rental will be due.

2.9. DELIVERY AND CONDITION (10/96) - Unless the Government elects to have the space occupied in increments, the space must be delivered ready for occupancy as a complete unit. The Government reserves the right to determine when the space is ready to occupy.

2.9.1. OCCUPANCY PERMIT (07/14) - The premises offered will have a valid Occupancy Permit, issued by the local jurisdiction, for the intended use of the Government, or the Lessor will complete and provide a certified copy of "FAA Safety & Environmental Checklist" form, in lieu of an occupancy permit, at the contracting officer’s discretion.

2.10. HOLD HARMLESS (10/96) - In accordance with and subject to the conditions, limitations and exceptions set forth in the Federal Tort Claims Act of 1948, as amended (28 USC 2671 et. seq.), hereafter termed "the Act" the Government will be liable to persons damaged by any personal injury, death or injury to or loss of property, which is caused by a negligent or wrongful act or omission of an employee of the Government while acting within the scope of his office or employment under circumstances where a private person would be liable in accordance with the law of the place where the act or omission occurred. The foregoing shall not be deemed to extend the Government's liability beyond that existing under the Act at the time of such act or omission or to preclude the Government from using any defense available in law or equity.

2.11. DEFAULT BY LESSOR (10/96) - Each of the following shall constitute a default by Lessor under this lease:

A. If the Lessor fails to perform the work required to deliver the leased premises ready for occupancy by the GOVERNMENT with such diligence as will ensure delivery of the leased premises within the time required by the lease agreement, or any extension of the specified time.

B. 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 such failure which shall remain uncured for a period of time as specified by the Real Estate Contracting Officer, following Lessor’s receipt of written notice thereof from the Real Estate Contracting Officer.

C. Repeated failure by the Lessor to comply with one or more requirements of this lease shall constitute a default notwithstanding that one or all failures shall have been timely cured pursuant to this clause.

If default occurs, the GOVERNMENT may, by written notice to the Lessor, terminate the lease in whole or in part.

2.12. COMPLIANCE WITH APPLICABLE LAWS (10/96) - The Lessor shall comply with all federal, state and local laws applicable to the Lessor as owner or Lessor, or both, of 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. This lease shall be governed by Federal law.

2.13. OFFICIALS NOT TO BENEFIT (10/96) - No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit.

2.14. COVENANT AGAINST CONTINGENT FEES (8/02) - The Lessor 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.

2.15. ANTI-KICKBACK (10/96) - 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.

2.16. EXAMINATION OF RECORDS (8/02) - The Comptroller General of the United States, the Administrator of FAA or a duly authorized representative from either shall, until 3 years after final payment under this contract have access to and the right to examine any of the Lessor’s directly pertinent books, documents, paper, or other records involving transactions related to this contract.

2.17. SUBORDINATION, NONDISTURBANCE AND ATTORNMENT (01/14) –

E. 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.

F. 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 non-disturbance 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.

G. 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.

H. None of the foregoing provisions may be deemed or construed to imply a waiver of the Government's rights as a sovereign.

2.18. SUBLEASE (10/96) - The Government reserves the right to sublease the space covered under this lease to another agency or private party. In subleasing this space to another party the Government is not relieved from its responsibilities under the terms of this lease, unless otherwise agreed upon with the Lessor.

2.19. INTEGRATED AGREEMENT (10/96) - 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 this lease.

2.20. EQUAL OPPORTUNITY (10/96) - The Lessor shall have on file affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2).

2.21. AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (10/96) - The Lessor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (the Act), as amended. If the Lessor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act.

2.22. AFFIRMATIVE ACTION FOR DISABLED WORKERS (10/96) - The Lessor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973 (29 USC 793) (the Act), as amended. If the Lessor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act.

2.23. UNAUTHORIZED NEGOTIATING (10/96) - In no event shall the Lessor enter into negotiations concerning the space leased or to be leased with anyone other than the RECO or his/her designee.

3. FINANCIAL CLAUSES

<RECO: Select either '3.1' or '3.2' and delete other clause not used.>

3.1. SYSTEM FOR AWARD MANAGEMENT - REAL PROPERTY (1/13) - The FAA uses the System for Award Management (SAM) system as the primary means to maintain lessor information required for payment under any FAA lease.

A. Definitions. As used in this clause for:

1. "SAM database" means the primary Government repository for Lessor information required for the conduct of business with the Government.

2. "Contractor" is synonymous with "Lessor" for real property leases or other contracts

3. "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

4. "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 SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.

5. "Registered in the SAM database" means that the Lessor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database.

E. By submission of an lessor, the Lessor acknowledges that:

1. A prospective awardee will be registered in the SAM database prior to award, during performance, and through final payment.

2. The lessor will enter, in the space provided on the clause, Contractor Identification Number Data Universal Numbering System (DUNS) Number - Real Property the lessor’s DUNS or DUNS+4 number that identifies the lessor’s name and address exactly as stated in the offer. The DUNS number will be used by the RECO to verify that the lessor is registered in the SAM database.

F. If the lessor does not have a DUNS number, it will contact Dun and Bradstreet directly to obtain one.

1. A Lessor may obtain a DUNS number:

a. If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

b. If located outside the United States, by contacting the local Dun and Bradstreet office.

2. The Lessor will be prepared to provide the following information:

a. Company* legal business.

b. Tradestyle, doing business, or other name by which your entity is commonly recognized.

c. Company Physical Street Address, City, State, and Zip Code.

d. Company Mailing Address, City, State and Zip Code (if separate from physical).

e. Company Telephone Number.

f. Date the company was started.

g. Number of employees at your location.

h. Chief executive officer/key manager.

i. Line of business (industry).

j. Company Headquarters name and address (reporting relationship within your entity).

* Individual (non-corporate) Lessors of real property that are not normally in the business of leasing real property: You should consider your leasing to the Government as a separate business (usually a sole proprietorship) then provide the pertinent ownership information as an sole proprietor when providing this information to Dunn & Bradstreet.

G. If an otherwise successful Lessor does not become registered in the SAM database in the time prescribed by the RECO, the RECO may proceed to award to the next otherwise successful registered lessor, if the RECO determines it to be in the best interests of the Government.

H. Processing time, normally 48 hours, will be taken into consideration when registering. Lessors who are not registered will consider applying for registration immediately upon receipt of this solicitation.

I. The Lessor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database the Lessor is required to review and update, on an annual basis from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this lease and is not a substitute for a properly executed contractual document.

J. Changes

1. Name or Ownership Changes

a. If a Lessor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the lease), or has transferred the assets used in performing the lease, the Lessor will provide the responsible RECO a minimum of one business day's written notification of its intention to:

i. Change the name in the SAM database;

ii. Agree in writing to the timeline and procedures the RECO specifies to document the requested change in the lease. With notification, the Lessor will provide sufficient documentation to support the legally changed name then execute the appropriate supplemental agreement to document the name change provided by the RECO.

b. The Lessor’s entry of the name/ownership change in SAM does not relieve the Lessor of responsibility to provide proper notice of the name change to the RECO. The change in SAM cannot be made effective until the appropriate documentation/ supplemental agreement is executed by the RECO. Any discrepancy in payee information in SAM caused by a failure to fulfill the requirements specified in paragraph (g)(1) (i) above, will result in a discrepancy that is incorrect information, within the meaning of paragraph (d) Suspension of Payment of the electronic funds transfer (EFT) clause of this lease.

2. Assignment of Claims. The Lessor will not change the name or address for EFT payments in the SAM or manual payments to reflect an assignee. Assignees must separately register in the SAM database. The Lessor will notify the RECO and will comply with the instructions for submitting an Assignment of Claims notification. Information provided to the Lessor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Lessor, without proper notice to the RECO, will be considered to be incorrect information within the meaning of the paragraph D "Suspension of payment" of the EFT clause of this lease.

K. Exceptions to SAM. As provided for in AMS Procurement Toolbox Section T3.3.1.A-4, "System for Award Management," certain Lessors may qualify by limited exceptions to SAM waiver. If a Lessor is determined by the RECO to merit justification of a waiver from SAM, then the lessor will provide initial payment information and any future vendor information changes to the RECO on the "Vendor Miscellaneous Payment Information" form, provided by the RECO. An alternate clause, "Contractor Payment Information-Non SAM" will be included in the lease and the lessor will comply with the terms of that clause. Having an exception from SAM does not excuse a vendor from EFT payment requirements, as required in the clause, "Payment by Electronic Fund Transfer - Real Property."

1. Lessors may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov or by calling 866-606-8220.

3.2. SYSTEM FOR AWARD MANAGEMENT (07/14) - The System for Award Management (SAM) system the Government's required method to receive vendor information. However you have been granted an exception to SAM and therefore must provide your initial payment information and any future changes to your payment information to the Real Estate Contracting Officer on a completed and signed "Vendor Miscellaneous Payment Information" form, together with any other required notice under this contract.

3.3. PAYMENT BY ELECTRONIC FUND TRANSFER (07/14) – All payment by the Government under this lease will be made by electronic funds transfer (EFT). The Government will make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR Part 210. The Lessor is responsible to maintain correct payment information with the Government. If the Lessor’s EFT information is incorrect or outdated, the Government is not required to make payments to the Lessor until correct/current EFT information is submitted to the Government for payment distribution.

3.4. CONTRACTOR IDENTIFICATION NUMBER - DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER - REAL PROPERTY (10/14) A. Definitions. As used in this clause "Contractor Identification Number," as used in this provision, means the Lessor’s "Data Universal Numbering System (DUNS) number, which is a nine-digit number assigned by Dun and Bradstreet Information Services, to identify unique business entities (taken from SAM clause) "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 SAM records for identifying alternative Electronic Fund Transfer.

B. Contractor / Lessor identification is essential for receiving payment and complying with statutory contract reporting requirements. Therefore, the Offeror will provide its DUNS or DUNS+4 number below. The DUNS number will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

DUNS OR DUNS+4 NUMBER: <Insert DUNs or DUNS+4 Number> C. If the Offeror / Lessor does not have a DUNS number, he should contact Dun and Bradstreet at 1-866-705-5711, or via the internet at http://www.dnb.com directly to obtain one. Detailed requirements for obtaining a DUNS number is contained in Paragraph (c) of clause "System for Award Management-Real Property".

4. POST AWARD REQUIREMENTS

4.1. INSPECTION (10/96) - The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased premises and all other areas of the building to which access is necessary to ensure a safe and healthy work environment for the Government tenants and the Lessor's performance under this lease. The Government shall have the right to perform sampling of suspected hazardous conditions.

4.2. MEASUREMENT OF SPACE (07/10) - The space will be mutually measured upon delivery. Payment will be made on the basis of actual measurement; however, payment will not be made for delivered space, which is in excess of the maximum square footage solicited.

5. GENERAL BUILDING REQUIREMENTS AND SPECIFICATIONS

5.1. DOORS (04/12) - Exterior doors shall be weather tight, equipped with cylinder locks and door checks, automatic door closures and open outward. The Government will be furnished at least two master keys and two keys for each lock. Interior doors must be solid cored and at least 32 by 80 inches with a minimum opening of 32 inches and be of sturdy construction. Fire doors shall conform to NFPA Standard No. 80. As designated by the Government, doors shall be equipped with non-removable hinge pins, and locks with 7-pin removable cores. The Government shall provide cores.

5.2. LIGHTING (04/12) - Modern, diffused, energy efficient fluorescent fixtures shall be provided at working surfaces that maintain a uniform lighting level of 50 foot candles. Emergency lighting must provide at least 0.5 foot candles of illumination throughout the exit path, including exit access routes, exit stairways, or other routes such as passageways to the outside of the building.

5.3. ADHESIVES AND SEALANTS (01/12) - The Lessor shall use adhesives and sealants that contain no formaldehyde or heavy metals.

5.4. CEILINGS (10/96) - Must have acoustical treatment with a flame spread of 25 or less and smoke development rating of 50 or less.

5.5. FLOOR LOAD (04/12) - All adjoining floor areas shall be 1) of a common level not varying more than 1/4 inch over a 10-foot, 0-inch horizontal run in accordance with the American Concrete Institute standards, 2) non-slip, and 3) accepted by the Real Estate Contracting Officer (RECO).

Under floor surfaces shall be smooth and level. Office areas shall have a minimum live load capacity of 50 pounds per square foot plus 20 pounds per square foot for moveable partitions. Storage areas shall have a minimum live load capacity of 100 pounds per square foot including moveable partitions. A report showing the floor load capacity, at no cost to the Government, by a registered professional engineer may be required by the RECO. Calculations and structural drawings may also be required.

5.6. PAINTING (01/16) - Prior to occupancy, all surfaces must be newly painted with non-lead based paints in colors acceptable to the Government. All surfaces must be repainted after working hours at Lessor’s expense at least once every <insert # of years> years. Such repainting includes the moving and returning of the furniture, including dismantling, moving and re-assembling the Government’s systems furniture, if directed by the Government, at the Lessor’s expense. Any existing lead based paint must be properly maintained and managed per existing Federal, state, and local regulatory requirements. If there is chipping, flaking, or peeling paint in the lease premises during the period of government occupancy, it would need to be sampled for lead at the Lessor’s expense. If containing lead, it would need to be abated at the Lessor’s expense. This could be performed either by removal or sealing with an encapsulating material.

5.7. DISPLAY ADVERTISING (10/96) - If the leased premises are solely for Government use, no advertising matter shall be constructed on or over the premises, unless authorized by the RECO.

5.8. ERECTION OF SIGNS (10/96) - The Government shall have the right to erect on or attach to the Lessor's premises such signs as may be required to clearly identify the Government's facility. Said signs so erected will remain the property of the Government and shall be removed from the premises upon termination of the Lease.

5.9. WINDOW AND FLOOR COVERING (04/12) - All exterior windows shall be equipped with window covering. Floors will be carpeted with a commercial grade of carpet acceptable (carpet tiles or carpet broadloom) to the Government. Existing floor and window coverings may be accepted at the discretion of the RECO however; prior to occupancy all carpeting and window coverings shall be cleaned.

At no additional cost to the Government, the Lessor shall replace carpeting at least every five (5) years during Government occupancy or any time during the lease when:

· Backing or underlayment is exposed,

· There are noticeable variations in surface color or texture, and/or

· The condition of the carpet is such that it presents a clear and present danger to pedestrians.

Replacement includes moving and return of furniture including dismantling, moving and re-assembling the Government’s systems furniture if directed by the Government

6. SERVICE, UTILITIES, AND MAINTENANCE

6.1. SERVICE, UTILITIES, AND MAINTENANCE OF PREMISES (07/14) - The Lessor shall maintain the leased premises, including outside areas in a clean condition. The Lessor shall provide the labor, materials, equipment and supervision necessary to ensure good repair and tenable condition. Services, utilities, and maintenance will be provided daily, extending from <Insert Time> a.m. to <Insert Time> p.m. except Saturday, Sunday, and Federal holidays. Services supplied to technical equipment will be supplied 24 hours a day, and seven days a week. The Government will have access to the leased premises at all times, including the use of electrical services, toilets, lights, elevators, and Government office machines without additional payment. The Lessor shall provide the following:

A. Electricity

B. Water (hot and cold) and sewer to leased premises.

C. Trash removal daily.

D. Chilled drinking water

E. Restroom cleaning and supplies, daily

F. Window washing twice yearly

G. Carpet Cleaning – daily vacuuming and shampoo twice yearly

H. Initial & Replacement lamps, tubes and ballast

I. Exterior & Interior door locks and hardware – designed to accept 7-pin removable cores manufactured by “Best Lock,” supplied by the Government

J. Carpet Replacement – includes moving and return of furniture when replacing carpet every <insert #> year or when the following happens:

1. Backing or underlayment is exposed.

2. Noticeable variations in surface color or texture.

6.2. JANITORIAL SERVICES (07/14) – The Lessor shall provide janitorial services for the leased space, public areas, entrances, and all other common areas and shall provide replacement of supplies.

A. The Lessor shall select, to the maximum extent practicable janitorial cleaning products and equipment that promote environmental stewardship. At a minimum, the Lessor shall:

1. Use products that are packaged ecologically;

2. Use products and equipment considered environmentally beneficial and/or recycled products that are phosphate-free, non-corrosive, non-flammable, and fully biodegradable; and;

3. Minimize the use of harsh chemicals and the release of irritating fumes.

4. Examples of acceptable products may be found at www.gsa.gov/p2products.

B. SELECTION OF PAPER PRODUCTS - The Lessor shall select paper and paper products (i.e., bathroom tissue and paper towels) with recycled content conforming to EPA’s Comprehensive Procurement Guidance (CPG).

C. SCHEDULE OF CLEANING - Cleaning shall be performed after the hours identified in 4.1 as defined in this lease, unless cleaning during official duty hours is specified as a special requirement. The Lessor shall provide the schedule for the required cleaning services and their frequencies. A suggested schedule is set forth below:

1. Daily:

a. Sweep floors using chemically treated absorbent or dusting tools (such as DEX or equal).

b. Vacuum all carpeted areas, as needed.

c. Empty waste baskets and containers; dispose of waste paper, trash, and other extraneous materials.

d. Clean toilet rooms, including toilets and soap containers. Furnish and maintain constant supply of deodorant material and paper products

e. Wash all drinking fountains.

f. Refill hand sanitizer dispensers in common areas, where applicable

g. In the restrooms:

i. Clean restroom fixtures and chrome fittings.

ii. Clean and refill all dispensers (including deodorant material)

iii. Wet mop restroom floors.

iv. Sanitize toilets, toilet seats, and urinals.

v. Spot wash walls, partitions, and doors.

2. Weekly:

a. Dust counters, file cabinets, and telephones, and surfaces of all office furniture, fixtures, and window sills (except desk tops).

b. Damp mop, and buff all non-carpeted floors.

c. Vacuum all carpeted areas.

3. Monthly:

a. Wash waste baskets.

b. Damp mop and buff all non-carpeted floors; wax and buff non-carpeted floors.

c. Clean or wash walls as needed to present a neat appearance.

d. Dust all ledges and flat surfaces within reach.

e. Dust and clean all light fixtures.

f. Dust and clean all venetian blinds.

g. Wash restroom walls, partitions, and doors.

4. Semi-Annually:

a. Wash all exterior office windows.

5. Once a Year:

a. Strip old wax from all floor space and rewax. This service is to be performed in conjunction with one of the quarterly cleaning schedules.

b. Shampoo all carpeted floors.

Within 60 days after occupancy by the Government, the Lessor shall provide to the RECO with a detailed written schedule of all periodic services and maintenance to be performed other than daily, weekly, or monthly.

6.3. HVAC (01/16) - All heating, ventilation and air-conditioning systems that service the leased space must maintain a temperature range of 70-74 degrees Fahrenheit year-round as dictated in the most recent version of ASHRAE Standard 62 – Ventilation for Acceptable Indoor Air Quality. These temperatures must be maintained during hours of operation throughout the leased premises and service areas regardless of outside temperatures.

In order to ensure that there is no degradation of air quality or air flow in the leased premises during the term of the Lease, the Lessor agrees to perform preventative maintenance as needed on all HVAC units (check for defects, lubricate, make adjustments, change the filters, cleaned and make other necessary service requirements) to ensure compliance. Lessor also agrees to service the VAV boxes annually (on or before each lease anniversary date). Such service will include checking the temperature ranges (refer to section B4), checking all speeds on each fan, cleaning the fans and other components, replacing defective parts and completing other necessary repairs and maintenance.

6.4. MAINTENANCE OF GROUNDS AND WALKWAY (07/14) - The Lessor shall maintain in good condition landscape plants and lawns. The Lessor shall also remove snow and ice from the entrances, exterior walks and parking areas around the premises, prior to and during the normal business hours set forth in the “Service, Utilities, and Maintenance of Premises” clause.

6.5. LANDSCAPING (01/16) -

A. Where conditions permit, the site shall be landscaped for low maintenance and water conservation with plants that are either native or well-adapted to local growing conditions.

B. Landscape management practices shall prevent or minimize pollution by:

1. Employing practices which avoid or minimize the need for fertilizers and pesticides;

2. Prohibiting the use of the 2,4-Dichlorophenoxyacetic Acid (2,4-D) herbicide and organophosphates; and

3. Composting/recycling all yard waste.

C. The Lessor shall use landscaping products with recycled content required by Environmental Protection Agency's (EPA's) Comprehensive…