Ex M_Lease - New Construction (May 2026).pdf

LEASE NO. 36C24W26L0033, PAGE 1 LESSOR: ________ GOVERNMENT: ________ VA MODIFIED GSA TEMPLATE L100, NEW CONSTRUCTION EXHIBIT M

(5/26)

EXHIBIT M NEW CONSTRUCTION

NC 1.01 is added to the Lease, Section 2 General terms, Conditions, and Standards.

NC 1.01 RELOCATION ASSISTANCE ACT (FEB 2026)

A. If the Lessor satisfies the requirements of this Lease by performing new construction on an improved site, and such new construction will result in the displacement of individuals or businesses, the Lessor must be responsible for payment of relocation costs in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646), as amended, and the implementing regulations at 49 CFR Part 24.

B. The Lessor must give VHA the name of the person and agency to be providing the relocation assistance to site tenants. In addition, the Lessor must provide background information about the relocation agency and references for which the relocation agent has performed relocation assistance in the past.

NC 1.02, 1.03, 1.04, 1.05, and 1.06 are added to the Lease, Section 3 Construction standards and shell components.

NC 1.02 LABOR STANDARDS (FEB 2026)

If the Lessor proposes to satisfy the requirements of this Lease through the construction of a new Building or the complete rehabilitation or reconstruction of an existing Building, and the Government will be the sole or predominant tenant such that any other use of the Building will be functionally or quantitatively incidental to the Government’s use and occupancy, the following FAR clauses must apply to all work (including shell and TIs) performed prior to the Government's acceptance of space as substantially complete. Full text versions of these clauses are available upon request from the LCO.

Full text versions are also available at https://www.acquisition.gov/?q=browsefar.

52.222-4 Contract Work Hours and Safety Standards Act—Overtime Compensation 52.222-5 Construction Wage Rate Requirements - Secondary Site of the Work 52.222-6 Construction Wage Rate Requirements 52.222-7 Withholding of Funds 52.222-8 Payrolls and Basic Records 52.222-10 Compliance with Copeland Act Requirements 52.222-11 Subcontracts (Labor Standards) 52.222-12 Contract Termination–Debarment 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations 52.222-14 Disputes Concerning Labor Standards 52.222-15 Certification of Eligibility.

52.222-62 Paid Sick Leave Under Executive Order 13706.

NC 1.03 SECURITY FOR NEW CONSTRUCTION (FEB 2026)

A. Design-Basis Threat. The Design-Basis Threat (DBT) is the profile and estimate of the threats to a Government facility across a range of specific undesirable events and serves as the basis for determining appropriate security standards. The Lessor’s technical consultant(s) must work in conjunction with the Government, including the Federal Protective Service (FPS), to apply the DBT to the post-award risk assessment. The risk assessment identifies recommended countermeasures and security design features that achieve the minimum baseline level of protection for a particular facility. The baseline level of protection may be further customized to address facility-specific conditions. The Lessor is responsible for providing countermeasure provisions outlined in the attached FSL document, as well as for additional items identified during the post-award risk assessment. Any additional countermeasures identified during this assessment must be priced as BSAC.

B. Prior to occupancy, the Lessor must provide a written certification from a licensed professional engineer with formal training in structural dynamics and experience with accepted blast resistant design, verifying that the Building conforms to a minimum of:

1. Window glazing, with a performance condition appropriate to the identified Facility Security Level.

2. Setback distance, measured from the face of the Building's exterior to the protected/defended perimeter (i.e., any potential point of explosion). This means the distance from the Building to the curb or other boundary protected by bollards, planters or other street furniture. Such potential points of explosion may be, but are not limited to, such areas that could be accessible by any motorized vehicle (i.e., street, alley, sidewalk, driveway, parking lot).

3. Lobbies, mailrooms, and loading docks must not share a return-air system with the remaining areas of the Building. The Lessor must provide lobby, mailroom, and loading dock ventilation systems' outside air intakes and exhausts with low leakage, fast acting, isolation dampers that can be closed to isolate their systems. Dedicated HVAC must be required for mailrooms only when the Government specifically requires a centrally operated mailroom. On Buildings of more than four stories, air intakes must be located on the fourth floor or higher. On Buildings of three stories or less, air intakes must be located on the roof or as high as practical. Locating intakes high on a wall is preferred over a roof location.

4. Blast Resistance Requirements.

a. Façade and Structure. Lessor must use construction materials which have inherent ductility and which are able to respond to load reversals (e.g. cast in place reinforced concrete column construction).

LEASE NO. 36C24W26L0033, PAGE 2 LESSOR: ________ GOVERNMENT: ________ VA MODIFIED GSA TEMPLATE L100,

b. Progressive Collapse. Lessor must use construction materials which have inherent ductility and which are able to respond to load reversals (e.g. cast in place reinforced concrete and steel construction).

c. Under Building Parking. Lessor must use construction materials which have inherent ductility and which are able to respond to load reversals (e.g. cast in place reinforced concrete and steel construction).

NC 1.04 SEISMIC SAFETY FOR NEW CONSTRUCTION (OCT 2020)

For leases requiring new construction, the space will not be considered substantially complete until the LCO receives the Seismic Form F, Certificate of Seismic Compliance – New Building. This form must be completed by the civil or structural engineer and certify that the building was designed and constructed in accordance with the appropriate local code.

NC 1.05 FIRE PROTECTION FOR NEW CONSTRUCTION (FEB 2026)

A. The new Building must be protected throughout by an automatic fire sprinkler system designed in accordance with the National Fire Protection

Association (NFPA) 13, Installation of Sprinkler Systems (current as of the Lease Award Date).

B. When an electric fire pump is provided to support the design of the fire sprinkler system, a secondary power source must be provided to the fire pump by a standby emergency generator or another means acceptable to the Government.

C. The fire alarm system installed must be an emergency voice/alarm communication system when any one of the following conditions exist:

1. The Building is 2 or more stories in height above the level of exit discharge.

2. The total calculated occupant load of the Building is 300 or more occupants.

3. The Building is subject to 100 or more occupants above or below the level of exit discharge.

The emergency voice/alarm communication system must be designed and installed to meet the requirements of NFPA 72 (current as of the Lease Award Date).

NC 1.06 INTENTIONALLY DELETED

NC 1.07, NC 1.08, NC. 1.09 and NC 1.10 are added to the Lease, Section 4 Design, Construction, and Post award activities.

NC 1.07 INTENTIONALLY DELETED

NC 1.08 CONSTRUCTION SCHEDULE AND INITIAL CONSTRUCTION MEETING (FEB 2026)

The Lessor must furnish a detailed construction schedule (such as Critical Path Method) to the Government within 15 Working Days of issuance of the NTP. Such schedule must also indicate the dates available for Government contractors to install telephone/data lines or equipment, if needed. Within 10 Working Days of NTP, the Lessor must initiate a construction meeting. This meeting may be held in person or virtually, at the discretion of the Government. The Lessor will have subcontractor representatives including its architects, engineers, general contractor and subcontractors’ representatives in attendance. The Lessor must keep meeting minutes of discussion topics and attendance and must distribute to all parties within 3 Working Days of the meeting.

NC 1.09 PROGRESS REPORTS (FEB 2026)

After start of construction, the Lessor must submit to the LCO or designated representative written progress reports at intervals of 10 Working Days.

Each report must include information as to the percentage of the work completed by phase and trade; along with labeled photographs, a statement as to expected completion and occupancy dates; changes introduced into the work; and general remarks on such items as material shortages, strikes, weather, etc., that may affect timely completion. In addition, at the Government’s discretion, the Lessor must conduct meetings every two weeks to brief Government personnel and/or contractors regarding the progress of design and construction of the Space. These meetings may be held in person or virtually, at the discretion of the Government. The Lessor must be responsible for taking and distributing minutes of these meetings.

NC 1.10 CONSTRUCTION INSPECTIONS (FEB 2026)

A. The LCO or the LCO's designated technical representative may periodically inspect construction work to review compliance with Lease requirements and approved DIDs, if applicable.

B. Periodic reviews, witnessing of tests, and inspections by the Government must not constitute approval of the Lessor's apparent progress toward meeting the Government's objectives but are intended to discover any information which the LCO may be able to call to the Lessor's attention to prevent costly misdirection of effort. The Lessor must remain responsible for designing, constructing, operating, and maintaining the Building in full accordance with the requirements of the Lease. At the discretion of the LCO, minutes from the progress meetings may satisfy the requirement for written progress reports.

NC 1.11 is added to the Lease, Section 6 Utilities, Services, and Obligations during the lease term.

NC 1.11 NEW CONSTRUCTION: UTILITIES (FEB 2026)

A. The Building operating plan must conform with the 2021 International Energy Conservation Code (IECC) and the 2019 ASHRAE Standard

90.1. These standards specify energy conservation requirements for mechanical systems, building envelope efficiency, insulation, and lighting.

LEASE NO. 36C24W26L0033, PAGE 3 LESSOR: ________ GOVERNMENT: ________ VA MODIFIED GSA TEMPLATE L100, More information on this Department of Energy rule can be found at: https://www.energy.gov/.

B. The Lessor is encouraged to purchase at least 50 percent of the Government tenant’s electricity from renewable sources.

https://www.energy.gov/ https://www.energy.gov/