CDRH_Offsite_Real_Property_Clauses.docx

Real Property Interest Clauses

In Triplicate, the Contractor shall provide the proposed building and floor plans to the Contracting Officer. Floor plan shall include square footage, partitions, doors, utilities closet, core service space (HVAC, elevator, etc.), electric/telecom, windows, lobby, and position/location on floor, if applicable for multi-tenant building. Building plan shall incorporate site plan, overall footprint and surrounding amenities. Both such plans shall be renderings and not be construed as a request for construction blueprints.

1. DELIVERY AND CONDITION (JAN 2011)

Unless the Government elects to have the space occupied in increments, the space must be ready for occupancy as a complete unit.

2. 552.270-19 PROGRESSIVE OCCUPANCY (SEP 1999)

The Government shall have the right to elect to occupy the space in partial increments prior to the substantial completion of the premises should the premises require modification or construction prior to occupancy. The contractor agrees to schedule its work so as to deliver the space incrementally as elected by the Government. The Government may develop schedule payment plan with contractor to commence with the first business day following substantial completion of the entire premises. In case of incremental occupancy, the Government shall pay in phases in accordance with a schedule payment plan upon the first business day following substantial completion of each incremental unit. Contract payments shall become due on the first workday of the month following the month in which an increment of space is substantially complete. The start date of the contract if incrementally occupied will be calculated by a composite from all incremental phased commencement dates.

3. MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT (JAN 2011)

The Contractor shall maintain the Property, including the building, building systems, and all equipment, fixtures, and appurtenances furnished by the Contractor under this Contract, in good repair and tenantable condition so that they are suitable in appearance and capable of supplying such heat, air conditioning, light, ventilation, safety systems, access and other things to the premises, without reasonably preventable or recurring disruption, as is required for access to, occupancy, possession, use and enjoyment of the premises as provided in this Contract. For the purpose of so maintaining the premises, the Contractor maintenance personnel may at reasonable times enter the premises with the prior notice to the authorized Contracting Officer Representative, (COR). Upon request, the Contractor shall provide written documentation that building systems have been properly maintained, tested, and are operational within manufacturer's warranted operating standards. The Contractor shall maintain the Premises in a safe and healthful condition according to applicable OSHA standards and all other requirements of this Contract, 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 Contract Award Date and during the term of the Contract, to inspect all areas of the Property to which access is necessary for the purpose of determining the Contractor's compliance with this clause.

4. FIRE AND CASUALTY DAMAGE (MAR 2013)

If the building in which the Premises are located is totally destroyed or damaged by fire or other casualty, this Contract shall immediately terminate. If the building in which the Premises are located are only partially destroyed or damaged, so as to render the Premises untenable, or not usable for their intended purpose, the Contractor shall have the option to elect to repair and restore the Premises or terminate the Contract as long as the Contractor provides an immediate alternate work site to ensure continuity of services. The contractor will be permitted a reasonable amount of time, not to exceed 270 days from the event of destruction or damage, to repair or restore the Premises, provided that the Contractor submits to the Government a reasonable schedule for repair of the Premises within 60 days of the event of destruction or damage. If the Contractor fails to timely submit a reasonable schedule for completing the work, the Government may elect to terminate the Contract effective as of the date of the event of destruction or damage. If the Contractor elects to repair or restore the Premises, but fails to repair or restore the Premises within 270 days from the event of destruction or damage, or fails to diligently pursue such repairs or restoration so as to render timely completion commercially impracticable, the Government may terminate the Contract effective as of the date of the destruction or damage. During the time that the Premises are unoccupied, contract payments shall be abated. Termination of the Contract by either party under this clause shall not give rise to liability for either party.

This clause shall not apply if the event of destruction or damage is caused by the Contractor's negligence or willful misconduct.

5. COMPLIANCE WITH APPLICABLE LAW (JAN 2011)

Contractor shall comply with all Federal, state and local laws applicable to its occupancy and maintenance 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. This Contract shall be governed by Federal law.

6. 552.270_12 ALTERATIONS (SEP 1999)

The Government shall have the right during the existence of this Contract to make alterations, attach fixtures, and erect structures or signs in or upon the premises hereby occupied by the contractor, which fixtures, additions or structures so placed in, on, upon, or attached to the said premises shall be and remain the property of the Government and may be removed or otherwise disposed of by the Government. If the Government Contractor is the sole occupant of the building, for purposes of this clause, the Government Contractor premises include the land on which the building is sited and the building itself. Otherwise, the Government shall have the right to tie into or make any physical connection with any structure located on the property as is reasonably necessary for appropriate utilization of the Contractor space.

7. ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY (JAN 2011)

(APPLICABLE FOR WHEN A CONTRACTOR PROPOSES TO ‘BUILD’ SPACE)

1. If contractor supplied premises are not delivered at contract award, thirty (30) working days prior to the completion of the Space, the Contractor shall issue written notice to the Government to schedule the inspection of the Space for acceptance. The Government shall accept the Space only if the construction of building shell and TIs (Tenant Improvements) conforming to this Contract and the approved DIDs (Design Intent Drawings) is substantially complete, and a Certificate of Occupancy has been issued as set forth below.

2. 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 unreasonably interfere with the performance requirements of the Contract. Acceptance shall be final and binding upon the Government with respect to conformance of the completed Tis to the approved DIDs, with the exception of items identified on a punchlist generated as a result of the inspection, concealed conditions, latent defects, or fraud, but shall not relieve the Contractor of any other Contract requirements.

3. The contractor shall provide a valid Certificate of Occupancy, issued by the local jurisdiction, for the intended use under the requirements set forth in the Government Contract. If the local jurisdiction does not issue Certificates of Occupancy or if the Certificate of Occupancy is not available, the Contractor may obtain satisfaction of this condition by obtaining the services of a licensed fire protection engineer to verify that the offered space meets all applicable local codes and ordinances to ensure an acceptable level of safety is provided. Under such circumstances, the Government shall only accept the Space without a Certificate of Occupancy if a licensed fire protection engineer determines that the offered space is compliant with all applicable local codes and ordinances.

8. CHANGES (MAR 2013) (APPLICABLE FOR ONLY SPACE BUILD-OUT)

The Contracting Officer may at any time, by verbal or written notification, direct changes to renovations/improvements within the Space, Building Security Requirements, or the services required under the Contract. Written confirmation will immediately follow all verbal notifications.

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

(2)

An equitable adjustment in the increased renovation/improvements cost.

The Contractor shall assert its right to a modification under this clause within 30 days from the date of receipt of the change order and shall submit a proposal for adjustment except for trade-off or equal cost for substitutions. 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 Contractor from proceeding with the change as directed.

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

9. ACCESS AND APPURTENANT AREAS (AUG 2008)

The right to us appurtenant areas and facilities is included. The Government reserves the right to post Government rules and regulations within the Government the contractor occupied space.

10. SERVICES, UTILITIES, MAINTENANCE: GENERAL (AUG 2008)

Services, utilities, and maintenance shall be provided by the Contractor. The Contractors shall have an onsite building superintendent or a locally designated representative available to promptly respond to deficiencies, and immediately address all emergency situations. For the purposes of this clause, prompt must include contact to the designated Government contracting representative within the hour of notification to include a time for an anticipated resolution/repair.

11. AREA OF CONSIDERATION (AUG 2008)

Buildings which face and have street addresses on the boundary streets are deemed to be within the delineated area.

· North -15 miles of 10903 New Hampshire Avenue, Silver Spring, MD 20993

· South - 15 miles of 10903 New Hampshire Avenue, Silver Spring, MD 20901

· East - 15 miles from 10903 New Hampshire Avenue to Cherry Hill road, Silver Spring MD 20993

· West - 15 miles from 10903 New Hampshire Avenue to Columbia Pike Road, Silver Spring MD 20993

An award of contract will not be made for a property located within a base flood plain or wetland unless the Government has determined that there is no practicable alternative.

12. QUALITY AND APPEARANCE OF BUILDING (AUG 2008)

The space offered shall be located in an office building or combination of office and industrial for records storage/retrieval with a facade of stone, marble, brick, stainless steel, aluminum, or other permanent materials in good condition acceptable to the Contracting Officer in accordance with industry standards. If not in a new office building, the space offered shall be in a building that has undergone, or will complete by occupancy, first class modernization or adaptive reuse for office space with modern conveniences. If the modernization work is underway or proposed, then architectural plans acceptable to the Contracting Officer shall be submitted as part of the offer. The building shall be compatible with its surroundings. Overall, the building shall project a professional and aesthetically-pleasing appearance including an attractive front and entrance way. The building shall have energy-efficient windows or glass areas consistent with the structural integrity of the building, unless not appropriate for intended use. The facade, downspouts, roof trim, and window casing shall be clean and in good condition.

13. BUILDING SHELL REQUIREMENTS (AUG 2008)

The Contractor's obligations in providing a building shell shall include the following: All items identified in this solicitation as “building shell” are to be provided, installed, maintained, repaired, and/or replaced as required.

1. Base structure and building enclosure components shall be complete. All common areas accessible such as lobbies, fire egress corridors and stairwells, elevators, garages, and services areas, shall be complete. Restrooms shall be complete and operational. All newly installed building shell components, including but not limited to, heating, ventilation, and air conditioning (HVAC), electrical, ceilings, sprinklers, etc., shall be furnished, installed. Circulation corridors are provided as part of the base building only on multi-tenanted floors where the corridor is common to more than one tenant. On single tenant floors, only the fire egress corridor necessary to meet code is provided as part of the shell.

2. Accessibility Requirements. Accessibility to persons with disabilities shall be required throughout the common areas accessible to occupants 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) and shall be installed and coordinated with Tenant Improvements, if applicable. To the extent the standard referenced in the preceding sentence conflicts with local accessibility requirements, the more stringent standard shall apply.

3. Ceilings. A complete acoustical ceiling system (which includes grid and lay-in tiles or other building standard ceiling system as approved by the Contracting Officer) throughout the tenable demised areas and all common areas accessible to occupants shall be required. The acoustical ceiling system shall be furnished, installed, and coordinated with Tenant Improvements, if applicable.

4. Doors. Exterior building doors and doors necessary to the lobbies, common areas, and core areas shall be required. This does not include suite entry or interior doors specific to Tenant Improvements, if applicable. Related hardware shall be installed in accordance with the “Doors: Hardware” paragraph and the “Doors: Exterior” paragraph for security found elsewhere in this appendix.

5. Partitions. Permanent, perimeter, and demising slab-to-slab partitions (including all columns) finished with paint and base shall be required in accordance with the industry standards and in accordance with security standards for safeguarding documents found elsewhere in this appendix.

6. Flooring. All building common areas shall have finished floors in accordance with industry standards.

7. Plumbing. The building shall plumbing in common areas, such as for toilet rooms and janitor closets in accordance with industry standards.

8. HVAC. Central HVAC systems shall be installed and operational, including, as appropriate, main and branch lines, VAV boxes, dampers, flex ducts, and diffusers, for an open office layout, including all building common areas and per industry standards for document storage area’s. Conditioned air for employee occupied space shall be provided through medium pressure duct work at a rate of .75 cubic feet per minute per ANSI/BOMA Office Area square foot.

9. Electrical. Electrical power distribution panels and circuit breakers shall be available in an electrical closet, with capacity at 277/480 volt (V) and 120/208 V, 3-phase, 4-wire system providing 7 watts (W) per ANSI/BOMA Office Area square foot.

10. Lighting. Parabolic type 2'-0" wide x 4'-0" long fluorescent lighting fixtures (or other building standard fixtures approved by the Contracting Officer) shall be installed in the ceiling grid for an open office plan at the rate of 1 fixture per 80 ANSI/BOMA Office Area square feet for tenantable area’s. Lighting as necessary shall be provided in all building common areas in accordance with the “Lighting: in accordance with industry standards, if applicable.

11. Safety and Environmental Management. Complete safety and environmental management shall be provided throughout the building in accordance with federal, state, and local codes and laws including, but not limited to, such items as fire detection and alarms, emergency building power for life safety systems, etc., and shall be in accordance with ABAAS. Where sprinklers are required in the tenantable-demised area, sprinkler mains and distribution piping in a “protection” layout (open plan) with heads turned down with an escutcheon or trim plate shall be provided.

12. Telephone Rooms. Building telecommunication rooms on each floor shall be completed, operational, and ready for Tenant Improvements. The telephone closets shall include a telephone backboard.

13. Demolition. The Contractor 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 design data requirements if applicable. Any demolition of existing improvements that is necessary to satisfy the Government’s security and telecommunications requirements shall be done at the Contractor’s expense. Any demolition shall be completed in accordance with all applicable laws.

16. Unless an item is specifically labeled as Tenant Improvement (TI), it shall be considered a shell item.

14. UTILITIES (AUG 2008)

The Contractor is responsible for providing all utilities necessary for base building and contract operations and all associated costs are included as a part of the Contract.

15. JANITORIAL SERVICES (SEP 2000)

The Contractor shall provide janitorial services for the space, public areas, entrances, and all other common areas, if applicable, and shall provide replacement of supplies for such services. Cleaning shall be performed during normal occupied working hours and shall not be unattended for performance of special services during non-working hours. Selection of Cleaning Products shall be non abrasive for use with an occupied facility. The contractor shall perform cleaning services in compliance with standard office occupied buildings to include trash removal, sweep/vacuum, mopping, dusting, vertical blind/window washing, carpet spot cleaning, carpet annual cleaning, pest control, etc.

SELECTION OF CLEANING PRODUCTS:

The contractor shall make careful selection of janitorial cleaning products and equipment to:

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 contact of irritating fumes.

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

SELECTION OF PAPER PRODUCTS:

The Contractor shall select paper and paper products (i.e., bathroom tissue and paper towels) with recycled content conforming to EPA’s CPG.

17. SCHEDULE OF PERIODIC SERVICES (DEC 2005)

Within 60 days after occupancy, the Contractor shall provide to the Contracting Officer with a detailed written schedule of all periodic services and maintenance to be performed.

18. MAINTENANCE AND TESTING OF SYSTEMS (AUG 2008)

A. The Contractor is responsible for the total maintenance and repair of the Contracted premises. Such maintenance and repairs include the site and private access roads. All equipment and systems shall be maintained to provide reliable, energy-efficient service without unusual interruption, disturbing noises, exposure to fire or safety hazards, uncomfortable drafts, excessive air velocities, or unusual emissions of dirt. The Contractor's maintenance responsibility includes initial supply and replacement of all supplies, materials, and equipment necessary for such maintenance. Maintenance, testing, and inspection of appropriate equipment and systems shall be done in accordance with current applicable codes, and inspection certificates shall be displayed as appropriate. Copies of all records in this regard shall be forwarded to the Contracting Officer or a designated representative.

B. Without any additional charge, the Government reserves the right to require documentation of proper operations or testing prior to occupancy of such systems as fire alarm, sprinkler, standpipes, fire pumps, emergency lighting, illuminated exit signs, emergency generator, etc. to ensure proper operation. These tests shall be witnessed by a designated representative of the Contracting Officer

19. TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT (SEP 2000)

A. BUILDING SHELL:

1. Sufficient space shall be provided on the floor(s) where the Government occupies space for the purposes of terminating telecommunications service into the building. The building’s telecommunications closets located on all floors shall be vertically-stacked. Telecommunications switchrooms, wire closets, and related spaces shall be enclosed. The enclosure shall not be used for storage or other purposes and shall have door(s) fitted with an automatic door-closer and deadlocking latch bolt with a minimum throw of 1/2 inch.

2. Telecommunications switchrooms, wire closets, and related spaces shall meet applicable Telecommunications Industry Association (TIA) and Electronic Industries Alliance (EIA) standards. These standards include the following:

a. TIA/EIA-568, Commercial Building Telecommunications Cabling Standard,

3. Telecommunications switchrooms, wire closets, and related spaces shall meet applicable NFPA standards. Bonding and grounding shall be in accordance with NFPA Standard 70, National Electrical Code, and other applicable NFPA standards and/or local code requirements.

B. TENANT IMPROVEMENT INFORMATION:

Telecommunications floor or wall outlets shall be provided as part of the Tenant Improvement Allowance. At a minimum, each outlet shall house one 4-pair wire jack for voice and one 4-pair wire jack for data. The Contractor shall ensure that all outlets and associated wiring, copper, coaxial cable, optical fiber, or other transmission medium used to transmit telecommunications (voice, data, video, Internet, or other emerging technologies) service to the workstation shall be safely concealed under raised floors, in floor ducts, walls, columns, or molding. All outlets/junction boxes shall be provided with rings and pull strings to facilitate the installation of cable. Some transmission medium may require special conduit, inner duct, or shielding as specified by the Government.

20. TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS (AUG 2008)

A. BUILDING SHELL:

1. The Government reserves the right to contract its own telecommunications (voice, data,video, Internet or other emerging technologies) service in the space to be contracted. The Government may contract with one or more parties to have inside wiring (or other transmission medium) and telecommunications equipment installed.

2. The Contractor shall allow the Government’s designated telecommunications providers access to utilize existing building wiring to connect its services to the Government’s space. If the existing building wiring is insufficient to handle the transmission requirements of the Government’s designated telecommunications providers, the Contractor shall provide access from the point of entry into the building to the Government’s floor space, subject to any inherent limitations in the pathway involved.

3. The Contractor shall allow the Government’s designated telecommunications providers to affix telecommunications antennae (high frequency, mobile, microwave, satellite, or other emerging technologies), subject to weight and wind load conditions, to roof, parapet, or building envelope as required. Access from the antenna(e) to the contracted space shall be provided.

4. The Contractor shall allow the Government’s designated telecommunications providers to affix antennae and transmission devices throughout its contracted space and in appropriate common areas frequented by the Government’s employees so as to allow the use of wireless telephones and communications devices necessary to conduct business.

B. TENANT IMPROVEMENT INFORMATION:

Provide sealed conduit to house the agency telecommunications system when required.

21. DATA DISTRIBUTION (AUG 2008)

A. TENANT IMPROVEMENT INFORMATION:

The Government shall be responsible for purchasing and installing data cable. The Contractor shall safely conceal data outlets and the associated wiring used to transmit data to workstations shall be in floor ducts, walls, columns, or below access flooring. The Contractor shall provide as part of the Tenant Improvement Allowance outlets, which shall include rings and pull strings to facilitate the installation of the data cable. When cable consists of multiple runs, the Contractor shall provide ladder-type or other acceptable cable trays to prevent Government-provided cable coming into contact with suspended ceilings or sprinkler piping. Cable trays shall form a loop around the perimeter of the Government-demised area such that they are within a 30-foot horizontal distance of any single drop.

22. GENERAL REQUIREMENTS (NOV 2005)

A. Overview of Contract Security Standards:

1. The Government will determine security standards for facilities and space requirements. Security standards will be assessed based upon tenant mix, size of space requirement, number of employees, use of the space, location of the facility, configuration of the site and lot, and public access into and around the facility. The Government will designate a security level from Level I to Level IV for each space requirement. The Contracting Officer (or the Contracting Officer's designated representative) will provide the security level designation as part of the space requirement. A copy of the Government’s security standards is available at www.oca.gsa.gov.

2. The Contracting Officer (or the Contracting Officer's designated representative) will identify all required security standards.

3. A security level designation may be determined by the individual space requirement or by the assessed, cumulative tenant mix within a given facility. If an Offeror is offering space in a facility currently housing a federal agency, the security level designation of the facility may be increased and the Offeror may be required to adhere to a higher security standard than other Offerors competing for the same space requirement. If two or more task orders that require federal space for performance requirements are being competed at the same time, an Offeror submitting on both or more space requirements may be subject to a higher security standard if the Offeror is determined to be the successful Offeror on more than one space requirement. It is incumbent upon the Offeror to prepare the Offeror’s proposal accordingly.

5. Level I requirements have been incorporated into the paragraphs entitled, Lighting: Interior and Parking, and Doors: Hardware as part of this appendix. If this appendix is used for a Level I space requirement, the Level II Contract security standards, as determined by the Government, shall become the minimum Contract security standards for this requirement.

23. DETERRENCE TO UNAUTHORIZED ENTRY (NOV 2005)

The Contractor shall provide a level of security that reasonably prevents unauthorized entry to the space during non-duty hours and deters loitering or disruptive acts in and around the space Contracted. The Contractor shall ensure that security cameras and lighting are not obstructed.

24. ACCESS TO UTILITY AREAS (NOV 2005)

Utility areas shall be secure, and only authorized personnel shall have access.

25. EMERGENCY POWER TO CRITICAL SYSTEMS (SEP 2009)

Emergency power backup is required for all alarm systems, CCTV monitoring devices, fire detection systems, entry control devices, lighting, etc., and special equipment, as identified elsewhere in the appendix.

A. Building Shell:

Emergency power to building systems is building shell.

B. Tenant Improvement:

Emergency power to agency special equipment is tenant improvement.

26. MECHANICAL AREAS AND BUILDING ROOFS (NOV 2005)

A. Keyed locks, keycards, or similar security measures shall strictly control access to mechanical areas. Additional controls for access to keys, keycards, and key codes shall be strictly maintained. The Contractor shall develop and maintain accurate HVAC diagrams and HVAC system labeling within mechanical areas.

B. Roofs with HVAC systems shall also be secured. Fencing or other barriers may be required to restrict access from adjacent roofs based on a Government Building Security Assessment. Roof access shall be strictly controlled through keyed locks, keycards, or similar measures. Fire and life safety egress shall be carefully reviewed when restricting roof access.

27. ACCESS TO BUILDING INFORMATION (NOV 2005)

Building Information—including mechanical, electrical, vertical transport, fire and life safety, security system plans and schematics, computer automation systems, and emergency operations procedures—shall be strictly controlled. Such information shall be restricted to authorized personnel only, approved by the Government, preferably by the development of an access list and controlled copy numbering.

28. POSTING OF GOVERNMENT RULES AND REGULATIONS (TENANT IMPROVEMENT) (NOV 2005)

The Government will post applicable Government rules and regulations at the entrance to any Government Contractor-occupied space for such things as, but not limited to, barring the unauthorized possession of firearms and dangerous weapons.

29. DEVELOPMENT, IMPLEMENTATION, AND PERIODIC REVIEW OF OCCUPANT EMERGENCY PLANS (NOV 2005)

The Contractor shall cooperate and participate in the development of an Occupant Emergency Plan (OEP) and if necessary, a supplemental Sheltering-in Place (SIP) Plan. Periodically, the Government may request that the Contractor assist in reviewing and revising the OEP and SIP plan(s).

30. EMERGENCY VOICE/ALARM COMMUNICATION SYSTEM (BUILDING SHELL) (NOV 2005)

The building-wide fire alarm system installed in the building shall be an emergency voice/alarm communication system. The emergency voice/alarm communication system shall be designed and installed to meet the requirements of the applicable local codes and ordinances (current as of the date of this APPENDIX) adopted by the jurisdiction in which the building is located. The emergency voice/alarm communication system shall be capable of originating and distributing voice instructions (e.g., in the event of possible contamination of the HVAC system, blasts, etc.), as well as alert and evacuation signals pertaining to fire or other emergencies to the occupants of the building.

31. BUILDING SECURITY PLAN (NOV 2005)

The Offeror shall provide a Pre-Contract Building Security Plan, as attached, with the offer that addresses its compliance with the Contract security standards, as described in this APPENDIX and its attachments.

32. ADDITIONAL SECURITY MEASURES AS DETERMINED BY THE GOVERNMENT (NOV 2005)

The Government reserves the right, prior to the submission of final revised proposals, to require additional security measures to meet specific occupancy requirements, as may be determined by the Government’s building security assessment or any type of Government risk assessment evaluation of the proposed building, location, and tenant mix.

33. IDENTITY VERIFICATION OF PERSONNEL (MAY 2007)

A. The Government reserves the right to verify identities of personnel with routine access to Government Contractors occupying government space under any federal contracts. The Contractor shall comply with the agency personal identity verification procedures below that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201, as amended.

B. The Contractor 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.

C. Contractor compliance with subparagraphs 1 through 4 below will suffice to meet the Contractor’s requirements under HSPD-12, OMB M-05-24, and FIPS PUB Number 201.

1. The Government reserves the right to conduct background checks on Contractor personnel and contractors with routine access to Government Contracted space.

2. Upon request, the Contractor shall submit completed fingerprint charts and background investigation forms for each employee of the Contractor, as well as employees of the Contractor's contractors or subcontractors, who will provide building operating services requiring routine access to the Government’s contracted space for a period greater than 6 months. The Government may also require this information for the Contractor's employees, contractors, or subcontractors who will be engaged to perform alterations or emergency repairs in the Government’s space.

3. The Contractor must provide Form FD-258, Fingerprint Chart (available from the Government Printing Office at http://bookstore.gpo.gov), and Standard Form 85P, Questionnaire for Public Trust Positions, completed by each person and returned to the contracting officer (or the contracting officer's designated representative) within 30 days from receipt of the forms. Based on the information furnished, the Government will conduct background investigations of the employees. The contracting officer will advise the Contractor in writing if an employee fails the investigation, and, effective immediately, the employee will no longer be allowed to work or be assigned to work in the Government’s space.

4. Throughout the life of the Contract, the Contractor shall provide the same data for any new employees, contractors, or subcontractors who will be assigned to the Government’s space. In the event the Contractor's contractor or subcontractor is subsequently replaced, the new contractor or subcontractor is not required to submit another set of these forms for employees who were cleared through this process while employed by the former contractor or subcontractor. The Contractor shall resubmit Form FD-258 and Standard Form 85P for every employee covered by this paragraph on a 5-year basis.

34. ENTRY SECURITY: PUBLIC LOBBIES/ENTRANCES/EXITS (NOV 2005)

A. The Contractor shall permit Government security control over all public areas and building entry points, including adjacent surface parking, underground parking, and structures under the building owner’s control. The Government will have the right to inspect at point of entry and in the public space. This right also includes the right to deny access and to remove persons and vehicles from the premises.

B. Security guards, provided by the Government, are required for public lobbies and public entrances. The Contractor shall provide space for and facilitate the provision of such guard service. Wherever security equipment is required, armed guards must staff the equipment. The Government shall determine the adequacy of existing security equipment (magnetometers and x-ray) as part of the Government’s building security assessment. The Government will provide any additional security equipment required. The number of guards required will be based on the Government’s building security assessment and will correspond to the lobbies, entrances, and exits designed for use during regular, daily business-hours. Visitor control and screening applies throughout the facility, including loading docks, underground garages, and parking area entrances.

35. ENTRY SECURITY: INTRUSION DETECTION SYSTEM WITH CENTRAL MONITORING CAPABILITY (NOV 2005)

The Contractor shall permit installation of a perimeter Intrusion Detection System (IDS) to be operated and maintained by the Government.

36. ENTRY SECURITY: ENTRY CONTROL WITH CCTV AND DOOR STRIKES (TENANT IMPROVEMENT) (NOV 2005)

The Contractor shall permit installation of an entry control system that will allow employees to view and communicate remotely with visitors before allowing access and maintained by the Government. This system shall comply with the Architectural Barriers Act, section F230.0.

37. OCCUPANT/VISITOR SCREENING: PHOTO IDENTIFICATION (NOV 2005)

The Government requires acceptable Government-issued photo ID for all contractor occupants and maintenance personnel upon entry to the building. The Contractor shall notify non-Government tenants, contractor maintenance and engineering personnel of this requirement and assist in obtaining acceptable ID as necessary.

38. OCCUPANT/VISITOR SCREENING: VISITOR CONTROL/SCREENING SYSTEM (NOV 2005)

A. All visitors to the building shall be required to sign in with the onsite contractor Program Manager, display a formal identification/badge, and/or require an escort. The Contractor shall provide a staffed station or stations for this requirement. Public entrances and lobby space shall be made available for visitor control and screening equipment.

B. Visitor control and screening is required throughout the facility as determined by the Government’s building security assessment. Underground garages and parking area entrances are also subject to visitor controls and screening.

39. SECURE HVAC: OUTDOOR AIR INTAKES (BUILDING SHELL) (NOV 2005)

A. The outdoor air intakes shall be located on a secure roof or high sidewall and not within 30 feet of the loading dock; otherwise the Contractor shall relocate, extend, or secure intakes as described below:

1. Outdoor air intakes shall be relocated. The lowest edge of the outdoor air intakes shall be placed 40 feet, 0 inches above grade and not less than 30 feet, 0 inches from the loading dock. Access shall be locked and secured, if feasible. For increased visibility of suspicious items, moat areas and other ground level areas surrounding outside air intakes shall be completely free of trash, debris or any other matter.

2. Outdoor air intakes shall be extended. If relocation is not feasible, as approved by the Government, intake extensions shall be constructed without creating adverse effects on HVAC performance. The higher the extensions, the better, as long as other design constraints (excessive pressure loss, dynamic and static loads on structure) are considered. An extension height of 40 feet, 0 inches is required unless adverse effects on HVAC performance can be demonstrated. The entrance to the intake shall be covered with a sloped metal mesh to reduce the threat of objects being tossed in the intake. A minimum slope of 45 degrees may be required. Extension height shall be increased where existing platforms or building features (e.g., loading docks, retaining walls) might provide access to the outdoor air intakes.

3. A security zone around outdoor air intakes shall be established. When outdoor air intakes re publicly accessible and relocation or physical extensions are not viable options or are cost prohibitive, perimeter barriers that prevent public access to outdoor air intake areas shall be required based on the Government’s building security assessment. Iron fencing or similar see-through barriers may be required. The restricted area shall also include an open buffer zone between the public areas and the intake louvers. The Government will have the right to monitor the buffer zone by physical security and/or closed circuit television (CCTV). Security lighting or intrusion detection sensors are required and shall be provided and installed by the Contractor.

40. SECURE HVAC: DEDICATED HVAC FOR LOBBIES, MAILROOMS, AND LOADING DOCKS (BUILDING SHELL) (NOV 2005)

To prevent widespread dispersion of a contaminant contracted within lobbies, mailrooms, and loading docks, the associated HVAC systems shall be isolated and the areas maintained by a dedicated exhaust system at a negative pressure relative to the rest of the building, but at a positive pressure relative to the outdoors. Physical isolation of these areas (well-sealed floor to roof-deck walls, sealed wall penetrations) is critical to maintaining the pressure differential and requires special attention to ensure airtight boundaries between these areas and adjacent spaces. A qualified HVAC professional can assist in determining if the recommended isolation is feasible for a given building. A modification to an existing system will likely require a re-evaluation of the existing HVAC system as well as potentially involving architectural and/or structural changes to the building. Any re-engineering of HVAC systems shall be estimated and costs identified to the Contracting Officer before beginning any proposed alterations. In addition, lobbies, mailrooms, and loading docks shall not share a return-air system. The Contractor shall 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 will be required for mailrooms only when the Government specifically requires a centrally-operated mailroom. Non- Government building tenants may share the mailroom. Where possible, the mailroom shall be adjacent to the loading dock to prevent the possible contamination of additional areas within the building. Any mailroom or area where mail is received and sorted, shall have posted the telephone numbers of the Contractor/Owner’s building manager/engineer and local emergency personnel for emergency notification. Mailrooms shall also have posted a copy of the general precautions for mail handling.

41. SECURE HVAC: AIRBORNE HAZARDS (NOV 2005)

Air-handling units shall be able to be shut down in response to a threat. Procedures shall be in place for notification of the Contractor’s building engineer or manager, building security guard desk, local emergency personnel, GSA personnel, and Contracting Officer for possible shut-down of the air handling units serving the mailroom and/or any other possibly affected areas of the building to minimize contamination, as deemed appropriate to the hazard.

42. SECURE HVAC: SECURE RETURN-AIR GRILLES (BUILDING SHELL) (NOV 2005)

The Contractor shall secure return-air grilles in public lobbies. Protection measures shall not adversely affect performance of the building’s HVAC system. Return air-grille protective measures include 1) relocating return-air grilles to inaccessible, yet observable locations, 2) increasing security presence (human or CCTV) near vulnerable return-air grilles, 3) directing public access away from return-air grilles, and 4) removing furniture and visual obstructions from areas near air grilles.

43. PARKING SECURITY REQUIREMENTS (NOV 2005)

A. Control of Parking Areas:

The Contractor shall permit Government security control over all parking areas, surface or structured. Security control will include the right to inspect at points of entry, the right to deny access, and the right to remove vehicles from the premises. The Contractor shall provide a vehicle pass/ID system for contract/monthly parkers, acceptable to the Government.

B. Arrange for Employee Parking after Normal Working Hours:

The Contractor will allow employee parking in/near the building after normal working hours.

C. Accessibility to Official Government Vehicles:

Public accessibility to official Government vehicles shall be limited through fencing or other means.

D. Identification of Parking Areas:

Government parking areas or spaces shall be assigned and marked as “reserved.”

E. Inspection of Parking Areas:

The Government reserves the right at all times, to inspect the parking premises, all vehicles therein, and to remove vehicles from the premises.

F. Post Signs and Arrange for Towing of Unauthorized Vehicles: TENANT IMPROVEMENT Signage shall be provided by the Contractor, acceptable to the Government, to alert parking patrons of inspection and towing policies. Signage shall advise that the removal of unauthorized vehicles can be expected.

G. ID System and Procedures for Authorized Parking: TENANT IMPROVEMENT An ID system for authorized parking shall be provided by the Contractor, acceptable to the Government, for identification of vehicles and corresponding parking spaces (placard, decal, card key, etc.).

44. CCTV MONITORING: CCTV SURVEILLANCE CAMERAS WITH TIME LAPSE VIDEO RECORDING (NOV 2005)

The Contractor shall permit twenty-four hour Closed Circuit Television (CCTV) coverage and recording, provided, operated, and maintained by the Government. The Government’s Building Security Assessment of the building will determine the exact number of cameras and locations. Time-lapse video recordings (digital storage) are also required. The Government will centrally monitor the CCTV Surveillance. Government specifications are available from the Contracting Officer.

45. CCTV MONITORING: POST SIGNS ADVISING OF 24-HOUR VIDEO SURVEILLANCE (TENANT IMPROVEMENT) (NOV 2005)

When video surveillance is installed, warning signs advising of twenty-four hour surveillance shall be posted.

46. SHATTER-RESISTANT WINDOW PROTECTION REQUIREMENTS (NOV 2005) (BUILDING SHELL)

A. The Contractor shall provide and install wet-glazed or mechanically attached, shatter-resistant material not less than 0.18 millimeters (7 mil) thick on all exterior windows in Government-occupied space. The Offeror shall provide a description of the shatter-resistant window system in the attached “Pre-Contract Building Security Plan” for evaluation by the Government.

B. The Contractor shall provide certification from a licensed professional engineer that the window system conforms to a minimum glazing performance condition of “3B” for a high protection level and a low hazard level. Window systems shall be certified as prescribed by WINGARD 4.1 or later or WINLAC 4.3 software to have satisfied the specified performance condition using the test methods provided in the US General Services Administration Standard Test Method for Glazing and Window Systems Subject to Dynamic Overpressure Loadings or ASTM F1642-04 Standard Test Method for Glazing and Glazing Systems Subject to Airblast Loadings.

47. TEMPORARY SECURITY UPGRADE DUE TO IMMEDIATE THREAT (NOV 2005)

The Government reserves the right, at its own expense and with its own personnel, to temporarily heighten security in the building under Contract during heightened security conditions due to emergency situations such as terrorist attacks, natural disaster, and civil unrest.

48. SECURITY DESIGN CRITERIA (NOV 2005)

A. Security Design Criteria:

The Contractor shall ensure that the building design conforms to the standards detailed in the latest version of the Interagency Security Committee’s (ISC) Security Design Criteria. A copy of the criteria is available at www.oca.gsa.gov.

49. SECURITY DESIGN CRITERIA: HVAC (BUILDING SHELL) (NOV 2005)

Lobbies, mailrooms, and loading docks shall not share a return-air system with the remaining areas of the building. The Contractor shall 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 shall be required for mailrooms only when the Government specifically requires a centrally operated mailroom. On buildings of more than four stories, air intakes shall be located on the fourth floor or higher. On buildings of three stories or less, air intakes shall be located on the roof or as high as practical. Locating intakes high on a wall is preferred over a roof location.

50. SECURITY DESIGN CRITERIA: DESIGN AND ENGINEERING DOCUMENTS (NOV 2005)

The Government will review all design and engineering documents, including structural engineering calculations during design development.