GSA3517A GENERAL CLAUSES.pdf

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GENERAL CLAUSES

(Acquisition of Leasehold Interests in Real Property for Small Leases) 1.

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

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

2.

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

3.

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

4.

DEFAULT BY LESSOR (APR 2012)

A.

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

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

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

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

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GENERAL SERVICES ADMINISTRATION

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

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

(i) Circumstances within the Lessor's control;

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

(iii) The condition of the Property;

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

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

5.

INTEGRATED AGREEMENT (JUN 2012)

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

6.

CHANGES (SIMPLIFIED) (SEP 2011)

A.

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

B.

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

1.

An adjustment of the delivery date;

2.

An equitable adjustment in the rental rate; or 3.

A lump sum equitable adjustment.

C.

The Lessor shall assert its right to an amendment under this clause within 30 days from the date of receipt of the change order and shall submit a proposal for adjustment. Failure to

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agree to any adjustment shall be a dispute under the Disputes clause. However, the pendency of an adjustment or existence of a dispute shall not excuse the Lessor from proceeding with the change, except the Lessor shall not be obligated to comply with such order or direction if the adjustment to which it is entitled causes the annual rent (net of operating costs) to exceed the Simplified Lease Acquisition Threshold established under GSAR 570.102.

D.

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

7.

COMPLIANCE WITH APPLICABLE LAW (JAN 2011)

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

8.

52.252-2

CLAUSES INCORPORATED BY REFERENCE (VARIATION) (DEC 2003)

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

9.

The following clauses are incorporated by reference:

FAR 52.204-7

FAR 52.204-10

SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWRDS (OCT 2015) (Applicable if over $30,000 total contract value.)

FAR 52.204-13

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

FAR 52.209-6

PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

(Applicable to leases over $35,000 total contract value.)

FAR 52.215-10

PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA

(AUG 2011)

(Applicable when cost or pricing data are required for work or services over $750,000.)

FAR 52.215-12

SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010) (Applicable when the clause at FAR 52.215-10 is applicable.)

FAR 52.219-9

SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2015) ALTERNATE III

(OCT 2015) (Applicable to Leases over $700,000 total contract value.)

FAR 52.219-16

LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999) (Applicable to leases over $700,000 total contracting value.)

FAR 52.219-28

POST-AWARD SMALL BUSINESS REPRESENTATION (JUL 2013) (Applicable to leases exceeding the micro-purchase threshold.)

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PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

FAR 52.222-21

FAR 52.222-35

EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

(Applicable to leases $150,000 or more, total contract value. Full text may be found at http://www.acquisition.gov)

FAR 52.222-36

EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (Applicable to leases over $15,000 total contract value. Full text may be found at http://www.acquisition.gov)

FAR 52.222-37

EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

(Applicable to leases $150,000 or more, total contract value.)

FAR 52.223-6

DRUG-FREE WORKPLACE (MAY 2001)

(Applicable to Leases over the Simplified Lease Acquisition Threshold as well as to any Leases of any value awarded to an individual)

FAR 52.232-23

ASSIGNMENT OF CLAIMS (MAY 2014)

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

FAR 52.232-33

PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

FAR 52.233-1

DISPUTES (MAY 2014)

GSAR 552.219-73

GOALS FOR SUBCONTRACTING PLAN (JUN 2005) ALTERNATE I (SEP 1999) (Applicable to leases over $700,000 total contract value.)

GSAR 552.215-70

EXAMINATION OF RECORDS BY GSA (FEB 1996)

GSAR 552.270-12

ALTERATIONS (SEP 1999)

GSAR 552.270-16

ADJUSTMENT FOR VACANT PREMISES (JUN 2011)

GSAR 552.270-20

PAYMENT (SEP 1999)

GSAR 552.270-25

SUBSTITUTION OF TENANT AGENCY (SEP 1999)

GSAR 552.270-28

MUTUALITY OF OBLIGATION (SEP 1999)

GSAR 552.270-31

PROMPT PAYMENT (JUN 2011)

The information collection requirements contained in this solicitation/contract, that are not required by regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control Number 3090-0163.

EQUAL OPPORTUNITY (APR 2015)

FAR 52.222-26

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11.0.0.20130303.1.892433.887364 The Lessor should initial here. :