Exhibit_B_--_NIH_Agency_Minimum_Technical_Requirements.pdf

NATIONAL INSTITUTES OF HEALTH

AGENCY Minimum Technical REQUIREMENTS

The following Agency Minimum Technical Requirements (ASR) are an integral part of the Request for Lease

Proposal (RLP) and the Lease and, unless otherwise provided herein, are to be provided by the Lessor at its sole cost and expense. In the event of a conflict between the RLP, the Lease, and the ASR, the ASR shall govern.

1. Program of Requirements (POR): The attached POR dated November 22, 2016 is to be considered integral to this RLP and Lease. The offered space shall allow for all the requirements of the POR to be satisfied. The POR contains information necessary to respond to Paragraph 2.01(B) of the RLP. The POR lists the various space requirements and associated infrastructure and building systems requirements. In the case of any conflicts between the Lease and the POR, the more stringent requirements will prevail. As set forth in detail in the POR, and without limitation thereof, the offered building must meet the following base building conditions at the Lessor's sole cost and expense:

Except as otherwise specifically stated herein or elsewhere in the Lease and its attachments, to the extent that the POR requires building shell elements that are more costly than the building shell elements described in the Lease, the resulting increase in the cost of providing such building shell elements shall be paid for by the Government.

2. Loading Dock: The offered building shell shall provide access to a weather-protected, dock-high loading dock equipped with walk-off load levelers and capable of accommodating tractor trailers. The dock shall be easily accessible from the street. The loading dock shall provide direct access to the freight elevator(s) and the Government’s central receiving. There shall be a personnel door and personnel stairs leading from the dock down to the pavement below. Trash compactor(s) or other trash and recycling container(s) shall not interfere with the loading dock area and the trash area shall have a separate and dedicated exhaust system.

Because of heavy industrial use of this area, maintenance issues can contribute to pest problems.

Therefore, the loading dock shall be provided with a buffer between the exterior and the interior of the building. Screens, specialty doors, plastic strip doors, and electric insect light traps shall be used to create a positive barrier to pests. Overhead doors shall be fitted with proper sweeps, gaskets, and brushes to exclude pests around the perimeter of the entire door. Air curtains and other similar devices shall be used to exclude pests and to create a dust and dirt barrier when the doors are opened. “Clean” deliveries and deliveries of food shall not be commingled with waste and “dirty’ areas of the dock.

Selection of loading dock outdoor lights must be approved by Community Health Branch, DOHS

3. Installation of DAS (Distributed Antenna System): The Lessor shall allow the installation of DAS (Distributed Antenna System) in the building. DAS applications will support all wireless Cellular repeater systems to boost cell phone signal throughout the space.

4. Roof Rights: As part of the rental consideration, the Government shall have unrestricted roof rights and must be able to accommodate security and communications equipment on the roof. Installation of such equipment shall be coordinated with Lessor and installed in a manner that does not invalidate the terms of any of Lessor’s roof warranties. Any antennas or satellite dishes shall not adversely affect the structural integrity of the building and shall be installed in a manner so as to minimize any adverse aesthetic concerns. In the event the roof shall require maintenance, repair, or replacement, the Lessor will advise the Government prior to roof repairs. In no event shall the Lessor be responsible for personal property of the Government placed on the roof top pursuant to this Paragraph.

5. Access to Data: Upon request by the Government, the Lessor shall, at its sole cost and expense, provide the Government with reasonable access to data that the Government may be required to collect and report under applicable statutes, regulations, and executive orders relating to the environment, sustainability, and energy efficiency, including but not limited to data regarding energy and water usage and solid waste and hazardous material generation and disposal.

6. Option Regarding Utilities: The Government reserves the right to become directly responsible for the costs of one or more utilities which are listed in Section I of the Offeror’s GSA Form 1217, which right may be exercised by the Government at any time after lease award but prior to lease commencement.

To the extent the Government chooses to become directly responsible for one or more utilities, such cost as shown on the Form 1217 shall be removed from the operating costs base and there shall be a corresponding downward adjustment in the rental rate.

7. Option Regarding Operating Services: The Government reserves the right to become directly responsible for one or more of the operating costs which are listed in Section I of the Offeror’s GSA Form 1217 (the “Optional Operating Costs”), which right may be exercised by the Government at any time, and from time to time, upon not less than ninety (90) days’ notice to Lessor. To the extent the Government chooses to become directly responsible for an Optional Operating Cost, such cost shall be removed from the operating costs base and there shall be a corresponding downward adjustment in the rental rate. The basis for negotiating the adjustment to the rent and operating costs base shall be the greater of (i) the amount shown for such cost on the Form 1217, including a proportionate share of any accrued annual operating costs adjustments, or (ii) actual historical operating costs information for the prior 12 months, all of which the Lessor shall provide to the Government. Any adjustment pursuant to this clause shall take effect on the first day of the first full month of the Government’s direct payment of any such Optional Operating Cost. If the Government has elected to become directly responsible for a particular Optional Operating Cost and wishes to initiate any contest or challenge with the applicable utility or service provider, the Lessor agrees to cooperate with the Government in any such contest or challenge. In addition, the Lessor shall provide the Government, at no additional charge, with all training manuals, instruction, orientation, and transition services necessary to ensure continuity of services during any such transition of direct responsibility to the Government. Provided that the Lessor has cooperated as required above in performing transition services, and provided that the Lessor has disclosed all known aspects of the equipment’s prior maintenance, performance and condition, including replacement schedules, the Government shall assume the responsibility for the repair and replacement of any equipment which is damaged as a result of the Government’s failure to properly operate or maintain such equipment.

However, the Lessor shall retain responsibility for regularly scheduled capital repairs and replacements which would have been required due to normal use and considering normal equipment life.

8. Preventive Maintenance for Government-Owned Equipment: Upon request of the Government and at the Government’s cost, the Lessor shall provide preventive maintenance services on all Government-owned supplemental HVAC units, UPS units, and backup power generators serving the leased space as an additional cost billed directly to and paid by the Government outside of the annual rent and the operating cost base. This preventive maintenance service will include inspection, cleaning, filter replacement, any other manufacturer-recommended preventive maintenance, and such other maintenance as the Government may specify from time to time. Repairs, parts, major component replacement or any full unit replacement not covered by the preventive maintenance service agreements will be charged to the Government in addition to the above preventive maintenance services. The allowable cost of the preventive maintenance and any other repairs, parts or replacements covered by this paragraph shall be determined in the same manner as pricing for tenant improvements is determined under Lease Clause 4.04 and shall not include any Lessor markup. Notwithstanding the foregoing, the Government’s obligation to pay for such work shall be subject to availability of funding. Accordingly, the Lessor shall not proceed with any such work until it has requested and obtained from the Government evidence that funding is available for the applicable fiscal year or other relevant period.

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