RLP DACA03-5-24-1007 w Encls.pdf

GSA FORM R103 (03/16)

REQUEST FOR

LEASE

PROPOSALS

NO. DACA03-5-

24-1007

SPRINGDALE,

ARKANSAS

Offers due by 2/28/2024

In order to be considered for award, offers conforming to the requirements of the RLP shall be received no later than 4:00pm, Central Standard Time (CST) on the date above. See “Receipt Of Lease Proposals” herein for additional information.

This Request for Lease Proposals ("RLP") sets forth instructions and requirements for proposals for a Lease described in the RLP documents. Proposals conforming to the RLP requirements will be evaluated in accordance with the Basis of Award set forth herein to select an Offeror for award. The Government will award the Lease to the selected Offeror, subject to the conditions herein.

The information collection requirements contained in this Solicitation/Contract, that are not required by the regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No.

3090-0163.

SMALL RLP

TABLE OF CONTENTS

SMALL RLP

SECTION 1 - STATEMENT OF REQUIREMENTS

1.01 GENERAL INFORMATION (SMALL) (SEP 2015)

1.02 AMOUNT AND TYPE OF SPACE AND LEASE TERM (SIMPLIFIED) (SEP 2013)

SECTION 2 - SOLICITATION PROVISIONS

2.01 PARTIES TO EXECUTE LEASE (APR 2015)

2.02 FLOOD PLAINS (JUN 2012)

2.03 THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:

SECTION 3 ELIGIBILITY AND PREFERENCES FOR AWARD

3.01 BASIS OF AWARD (SEP 2015)

3.02 SEISMIC SAFETY – HIGH SEISMICITY (SEP 2013) INTENTIONALLY DELETED

3.03 HISTORIC PREFERENCE (SMALL) (SEP 2015) INTENTIONALLY DELETED

3.04 NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS (SMALL) (SEP 2015)

3.05 HUBZONE SMALL BUSINESS CONCERN: PRICE PREFERENCE AND COMPETITIVE RANGE DETERMINATION

(SMALL) (SEP 2015)

3.06 HUBZONE SMALL BUSINESS CONCERN ADDITIONAL PERFORMANCE REQUIREMENTS (SMALL) (SEP 2015) 2

SECTION 4 HOW TO OFFER

4.01 RECEIPT OF LEASE PROPOSALS (SMALL) (SEP 2015)

4.02 PROPOSAL CONTENTS FOR SMALL LEASES (SEP 2015)

PAGE 1 GSA FORM R103 (03/16)

SECTION 1 - STATEMENT OF REQUIREMENTS

1.01 GENERAL INFORMATION (SMALL) (SEP 2015)

A. This Request for Lease Proposals (RLP) sets forth instructions and requirements for proposals for a Lease described in the RLP documents. The Government will evaluate proposals conforming to the RLP requirements in accordance with the Basis of Award set forth below to select an Offeror for award. The Government will award the Lease to the selected Offeror, subject to the conditions below.

B. Included in the RLP documents are the delineated area, Nationwide Recruiting Lease including all exhibits, and a rental proposal worksheet, which serves as an offer form.

C. The Offeror's executed rental proposal worksheet shall constitute a firm offer. No Lease shall be formed until the Offeror and US Government Lease Contracting Officer (LCO) execute the Nationwide Recruiting Lease and a signed copy is delivered to the Offeror.

1.02 AMOUNT AND TYPE OF SPACE AND LEASE TERM (SIMPLIFIED) (SEP 2013)

A. The Space shall be located in a modern quality building of sound and substantial construction with a facade of stone, marble, brick, stainless steel, aluminum or other permanent materials in good condition and acceptable to the LCO. If not a new Building, the Space offered shall be in a Building that has undergone, or will complete by occupancy, modernization or adaptive reuse for the Space with modern conveniences.

CITY, STATE SPRINGDALE, AR

DELINEATED AREA SEE ATTACHED DELINEATED AREA

SPACE TYPE(S) 1ST FLOOR RETAIL (STOREFRONT)

MINIMUM SQ. FT. (ABOA) 1,000

MAXIMUM SQ. FT. (ABOA) 1,500

RESERVED PARKING SPACES

(SURFACE)

INITIAL FULL TERM 5 YEARS

GOVERNMENT TERMINATION

RIGHTS

30 DAY NOTICE

INITIAL FIRM TERM 1 YEAR

OPTION TERM NONE

ADDITIONAL REQUIREMENTS SEE ATTACHED DRAFT NATIONWIDE

RECRUITING LEASE FOR ALL LEASE SPACE

REQUIREMENTS TO INCLUDE BUILD-OUT

CONSTRUCTION REQUIREMENTS

SECTION 2 - SOLICITATION PROVISIONS

2.01 PARTIES TO EXECUTE LEASE (APR 2015)

A. If the Lessor is an individual, that individual shall sign the lease. A lease with an individual doing business as a firm shall be signed by that individual, and the signature shall be followed by the individual's typed, stamped, or printed name and the words, “an individual doing business as _______________ [insert name of firm].”

B. If the Lessor is a partnership, the lease must be signed in the partnership name, followed by the name of the legally authorized partner signing the same, and a copy of either the partnership agreement or current Certificate of Limited Partnership shall accompany the lease.

C. If the Lessor is a corporation, the lease must be signed in the corporate name, followed by the signature and title of the officer or other person signing the lease on its behalf, duly attested, and, if requested by the Government, evidence of this authority to so act shall be furnished.

D. If the Lessor is a joint venture, the lease must be signed by each participant in the joint venture in the manner prescribed in paragraphs (a) through (c) of this provision for each type of participant. When a corporation is participating in the joint venture, the corporation shall provide evidence that the corporation is authorized to participate in the joint venture.

PAGE 2 GSA FORM R103 (03/16)

E. If the lease is executed by an attorney, agent, or trustee on behalf of the Lessor, an authenticated copy of the power of attorney, or other evidence to act on behalf of the Lessor, must accompany the lease.

2.02 FLOOD PLAINS (JUN 2012)

A Lease will not be awarded for any offered Property located within a 100-year floodplain unless the Government has determined that there is no practicable alternative. An Offeror may offer less than its entire site in order to exclude a portion of the site that falls within a floodplain, so long as the portion offered meets all the requirements of this RLP. If an Offeror intends that the offered Property that will become the Premises for purposes of this Lease will be something other than the entire site as recorded in tax or other property records the Offeror shall clearly demarcate the offered Property on its site plan/map submissions and shall propose an adjustment to property taxes on an appropriate pro rata basis. For such an offer, the LCO may, in his or her sole discretion, determine that the offered Property does not adequately avoid development in a 100-year floodplain.

2.03 THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:

552.270-1 - INSTRUCTIONS TO OFFERORS – ACQUISITION OF LEASEHOLD INTERESTS IN REAL PROPERTY (JUN 2011)

52.215-5 - FACSIMILE PROPOSALS (OCT 1997)

SECTION 3 ELIGIBILITY AND PREFERENCES FOR AWARD

3.01 BASIS OF AWARD (SEP 2015)

A. Best Value Tradeoff Approach. The Lease will be awarded to the responsible Offeror whose offer will be most advantageous to the Government.

1. The combination of factors below is significantly more important than price.

2. The following award factor(s) will be considered along with price:

a. Quality of neighborhood

b. Parking availability for government owned vehicles and visitors

c. Access to lease space

i. Availability of second egress (required)

ii. Ease of ingress and egress to the facility

d. Location within building (1st Floor Storefront required)

e. Location within delineated area

i. proximity to main traffic arteries

ii. proximity to public transportation

iii. compatibility with adjacent businesses

f. Overall Appearance of building

g. Compatibility of adjacent businesses

h. Potential for signage

i. Floor plan / layout

B. Price evaluation will be based the lowest total cost to the federal government including the following

1. The lowest price per square foot, according to the ANSI/BOMA Z65.1-1996 definition for office area, which means “the area where a tenant normally houses personnel and/or furniture, for which a measurement is to be computed.”

2. Price of government share of initial build-out of space as described by the construction specifications exhibit in the attached Nationwide Recruiting Lease.

C. If an offer contains terms taking exception to or modifying any Lease provision, the Government will not be under any obligation to award a Lease in response to that offer.

3.02 SEISMIC SAFETY – HIGH SEISMICITY (SEP 2013) INTENTIONALLY DELETED

3.03 HISTORIC PREFERENCE (SMALL) (SEP 2015) INTENTIONALLY DELETED

3.04 NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS (SMALL) (SEP 2015) INTENTIONALLY DELETED

3.05 HUBZONE SMALL BUSINESS CONCERN: PRICE PREFERENCE AND COMPETITIVE RANGE DETERMINATION

(SMALL) (SEP 2015) INTENTIONALLY DELETED

3.06 HUBZONE SMALL BUSINESS CONCERN ADDITIONAL PERFORMANCE REQUIREMENTS (SMALL) (SEP 2015)

A HUBZone small business concern (SBC) Offeror may elect to waive the price evaluation preference provided in the “HUBZone Small Business Concern: Price Preference and Competitive Range Determination” paragraph. In such a case, no price evaluation preference shall apply to the evaluation of the HUBZone SBC, and the performance of work requirements set forth in Section 1 of the Lease shall not be applicable should the HUBZone SBC be awarded the Lease. A HUBZone SBC Offeror acknowledges that a

PAGE 3 GSA FORM R103 (03/16)

prospective HUBZone SBC awardee must be a qualified HUBZone SBC at the time of award of this contract in order to be eligible for the price evaluation preference. The HUBZone SBC Offeror shall provide the LCO a copy of the notice required by 13 CFR

126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If it is determined, prior to award, that the apparently successful HUBZone SBC Offeror is not an eligible HUBZone SBC, the LCO will reevaluate proposals without regard to any price preference provided for the previously identified HUBZone SBC Offeror, and make an award consistent with the solicitation and the evaluation factors set forth herein.

B. If a HUBZone SBC that has not waived the price preference is awarded the Lease, the certification required by the HUBZone Small Business Concerns Additional Performance Requirements (SIMPLIFIED) (MAR 2012)” paragraph of the Lease must be provided within 10 days of award. If it is determined within 20 days of award that a HUBZone SBC Offeror that has been awarded the Lease was not an eligible HUBZone SBC at the time of award, and the HUBZone SBC Lessor failed to provide the LCO with information regarding a change to its HUBZone eligibility prior to award, then the lease shall be subject, at the LCO's discretion, to termination, and the Government will be relieved of all obligations to the Lessor in such an event and not be liable to the Lessor for any costs, claims, or damages of any nature whatsoever.

SECTION 4 HOW TO OFFER

4.01 RECEIPT OF LEASE PROPOSALS (SMALL) (SEP 2015)

A. Offeror is authorized to transmit its lease proposal as an attachment to an email. Offeror's email shall include the name, address and telephone number of the Offeror, and identify the name and title of the individual signing on behalf of the Offeror. Offeror's signed Lease proposal must be saved in a generally accessible format (such as portable document format (pdf)), which displays a visible image of all original document signatures, and must be transmitted as an attachment to the email. Only emails transmitted to, and received at, the GSA email address identified in the RLP will be accepted. Offeror submitting a Lease proposal by email shall retain in its possession, and make available upon request, its original signed proposal. Offeror choosing not to submit its proposal via email may still submit its lease proposal, by United States mail, or other express delivery service of Offeror's choosing.

B. In order to be considered for award, offers conforming to the requirements of the RLP shall be received no later than 4:00pm, Central Standard Time (CST) on the following date at the following designated office and address, or email address:

Date: 2/28/2024 Office: US Army Corps of Engineers, Real Estate Division (CESWL-RE-A) Address: PO Box 867, Little Rock, AR 72203-0867 Email: LATASHA.L.RIDEOUT@USACE.ARMY.MIL

C. Offers sent by United States mail or hand delivered (including delivery by commercial carrier) shall be deemed late if delivered to the address of the office designated for receipt of offers after the date and time established for receipt of offers.

D. Offers transmitted through email shall be deemed late if received at the designated email address after the date and time established for receipt of offers unless it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one Working Day prior to the date specified for receipt of proposals.

E. Offers may be also deemed timely if there is acceptable evidence to establish that it was received at the Government installation designated for receipt of proposals and was under the Government’s control prior to the time set for receipt of proposals; or if it was the only proposal received.

F. There will be no public opening of offers, and all offers will be confidential until the Lease has been awarded. However, the Government may release proposals outside the Government such as to support contractors to assist in the evaluation of offers. Such Government contractors shall be required to protect the data from unauthorized disclosure.

4.02 PROPOSAL CONTENTS FOR SMALL LEASES (SEP 2015)

The proposal shall consist of the following documents:

DOCUMENT NAME OR DESCRIPTION

Rental Proposal Worksheet Itemized Tenant Improvement Build-out Bid Auto CAD or scaled floor plans delineating the Premises proposed by the Offeror Historic Property information and documentation, if applicable, per the Historic Preference paragraph Registration in the System for Award Management (SAM). This registration service is free of charge.

Evidence of ownership or control of Building or site mailto:latasha.l.rideout@usace.army.mil

LEASE NO. DACA635YY0111100 LESSOR: ______ GOVERNMENT: ________

USACE RECRUITING LEASE FORM L100 (OCT/20) (SWF_V:02_6/13/22) Page 1

U. S. GOVERNMENT LEASE NO. DACA635YY0111100

TAX ID # (TIN or Last 4 SSN): ON FILE

UEI # (per SAM): XXXXX*XX####

CAGE Code #: 1AA11

A 0000 sf N 0000 sf AF 0000 sf AFR 0000 sf MC 0000 sf ANG 0000 sf ARNG 0000 sf

TOTAL 0000 sf

FOR GOVERNMENT PURPOSES ONLY:

GREX No. AAA11111-111 Child Lease No. N/A

This Lease is made and entered into between

[Insert Lessor’s Full Legal Name] (note: exactly as registered in the System for Award Management (SAM))

(“Lessor”), whose principal place of business is [Insert Lessor’s Address], and whose interest in the Property described herein is that of Fee Owner, and

The United States of America

(“Government”), acting by and through the designated representative of the U.S. Army Corps of Engineers (USACE), upon the terms and conditions set forth herein.

Witnesseth: The parties hereto, for the consideration hereinafter mentioned, covenant and agree as follows:

Lessor hereby Leases to the Government the Premises described herein, being all or a portion of the Property located at

[Insert Address of Property to be Leased] and more fully described in Section 1.01, The Premises, and Exhibit A, Floor Plan, together with rights to the use of parking (note:

remove if not applicable) and other areas as set forth herein, to be used for such purposes as determined by USACE.

LEASE TERM

GSA CATEGORICAL DELEGATION

To Have and to Hold the said Premises with its appurtenances for the term beginning upon acceptance of the Premises as required by this Lease and continuing for a period of [Insert Number of Years] Years (note: initial term, not including renewal options), subject to termination and renewal rights as may be hereinafter set forth. The commencement date of this Lease, estimated to be [Insert Month, Day, Year], shall be more specifically set forth in a Supplemental Agreement to be executed upon substantial completion and acceptance of the Space, as defined in Section 2.01, Definitions and General Terms, of this Lease, by the Government. The Government’s obligation and legal liability for performance of this Lease beyond 30 September of any year during the term of this Lease is contingent upon the availability of annually appropriated funds. Nothing in this Lease shall constitute, or be deemed to constitute, an obligation of future appropriations by the United States or considered as implying that the Congress will appropriate additional funds. It is understood and agreed that no rental shall accrue until the actual delivery date and acceptance of the Space by the Government. Right of entry for the Government shall commence on the execution date of this Lease.

USACE RECRUITING LEASE FORM L100 (OCT/20) (SWF_V:02_6/13/22) Page 2

In Witness Whereof, the parties to this Lease evidence their agreement to all terms and conditions set forth herein by their signatures below, to be effective as of the date of execution by the Government.

LESSOR:

Signature: ________________________________________________

Name (please print): ________________________________________

Title: ____________________________________________________

Date: ____________________________________________________

GOVERNMENT:

Signature: _______________________________________________

Name (please print): XXXX X. XXXXX Chief, Real Estate Division

Title: Real Estate Contracting Officer

Execution Date: ___________________________________________

THIS LEASE IS NOT SUBJECT TO TITLE 10, UNITED STATES CODE, SECTION 2662.

USACE RECRUITING LEASE FORM L100 (OCT/20) (SWF_V:02_6/13/22) Page 3

TABLE OF CONTENTS

SECTION 1 THE PREMISES, RENT, AND OTHER TERMS

1.01 THE PREMISES

1.02 RENT AND OTHER CONSIDERATION

1.03 TERMINATION RIGHTS

1.04 RENEWAL RIGHTS INTENTIONALLY DELETED

1.05 CONDITION REPORT

1.06 DOCUMENTS INCORPORATED IN THE LEASE

1.07 NOTICES

1.08 INITIAL ALTERATIONS

1.09 INSURANCE CERTIFICATION

1.10 HUBZONE SMALL BUSINESS CONCERNS ADDITIONAL PERFORMANCE REQUIREMENTS INTENTIONALLY DELETED

1.11 LESSOR’S UEI NUMBER

SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS

2.01 DEFINITIONS AND GENERAL TERMS

2.02 AUTHORIZED REPRESENTATIVES

2.03 ALTERATIONS REQUESTED BY THE GOVERNMENT

2.04 ADJUSTMENT FOR VACANT PREMISES

2.05 FIRE AND CASAULTY DAMAGE

2.06 DEFAULT BY LESSOR

2.07 INTEGRATED AGREEMENT

2.08 MUTUALITY OF OBLIGATION

2.09 COMPLIANCE WITH APPLICABLE LAW

2.10 MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT

2.11 CLAUSES INCORPORATED BY REFERENCE

2.12 WAIVER OF RESTORATION

2.13 CHANGE OF OWNERSHIP

2.14 EMERGENCY MAINTENANCE AND REPAIRS

2.15 OWNERSHIP CERTIFICATION

2.16 DAMAGES

2.17 GRATUITIES TO GOVERNMENT EMPLOYEES

2.18 OFFICIALS NOT TO BENEFIT

2.19 LESSOR INSURANCE

SECTION 3 CONSTRUCTION SPECIFICATIONS / ALTERATIONS

3.01 WORK PERFORMANCE

3.02 EXISTING FIT-OUT, SALVAGED, OR REUSED BUILDING MATERIAL

3.03 RESPONSIBILITY OF THE LESSOR AND LESSOR’S ARCHITECT/ENGINEER

3.04 QUALITY AND APPEARANCE OF BUILDING

3.05 MEANS OF EGRESS

3.06 AUTOMATIC SPRINKLER SYSTEM……………………………………………………………………………………………………………..16

3.07 FIRE ALARM SYSTEM……………………………………………………………………………………………………………………………..16

3.08 BUILDING DIRECTORY

3.09 ELEVATORS

3.10 DEMOLITION

3.11 ACCESSIBILITY

3.12 MECHANICAL, ELECTRICAL, PLUMBING GENERAL

3.13 INDOOR AIR QUALITY DURING CONSTRUCTION…………………………………………………………………………………………….17

3.14 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS…………………………………………………..18

3.15 NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS – LEASE………………………………………………………………….18

SECTION 4 DESIGN, CONSTRUCTION, AND POST AWARD ACTIVITIES

4.01 CONSTRUCTION SCHEDULE AND INITIAL CONSTRUCTION MEETING

4.02 CONSTRUCTION INSPECTIONS

4.03 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY

4.04 AS-BUILT DRAWINGS

SECTION 5 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM

5.01 PROVISION OF SERVICES, ACCESS, AND NORMAL HOURS

5.02 UTILITIES SEPARATE FROM RENTAL

5.03 MAINTENANCE AND TESTING OF SYSTEMS

5.04 ONSITE LESSOR MANAGEMENT

5.05 RANDOLPH-SHEPPARD COMPLIANCE

5.06 INDOOR AIR QUALITY

5.07 HAZARDOUS MATERIALS

USACE RECRUITING LEASE FORM L100 (OCT/20) (SWF_V:02_6/13/22) Page 4

5.08 MOLD………………………………………………………………………………………………………………………………………………….21

5.09 RADON IN AIR……………………………………………………………………………………………………………………………………….22

5.10 UTILITY CONSUMPTION REPORTING

SECTION 6 DISPUTES

6.01 DISPUTES

SECTION 7 RECONCILIATION

7.01 RECONCILIATION CLAUSE ………………………………………………………………………………………………………………………24

USACE RECRUITING LEASE FORM L100 (OCT/20) (SWF_V:02_6/13/22) Page 5

SECTION 1 THE PREMISES, RENT, AND OTHER TERMS

1.01 THE PREMISES

The Lessor hereby Leases to the Government the following described Premises: Exclusive use of approximately [Insert Number of Square Feet] rentable square feet (“RSF”) of space located at [Insert Address] as more particularly shown on Exhibit A, Floor Plan, attached hereto and made a part hereof, to be used for Government purposes. (note: remove the next sentence if parking is not provided as part of the Premises) It is also understood and agreed that the Lessor shall provide adequate designated parking for [Insert Number] Government vehicles, both during the day and overnight in the areas within the Lessor’s property as shown and marked on Exhibit B, Site/Parking Plan, attached hereto and made a part hereof. The Government shall have unrestricted access to the Premises 24 hours per day, 7 days per week and shall have the non-exclusive right to the use of Appurtenant Areas as defined in Section 2.01, Definitions and General Terms.

1.02 RENT AND OTHER CONSIDERATION

The Government shall pay the Lessor annual rent of $[Insert Amount] rounded (note: also state amount in words) at the rate of $[Insert Amount] (note: also state amount in words) per calendar month in arrears. Consideration for a lesser period shall be prorated.

Rent shall be paid to Lessor by electronic funds transfer in accordance with the provisions of the General Clauses, GSA Form 3517B, attached hereto and made a part hereof as Exhibit C. Rent shall be payable to the payee designated by the Lessor in the System for Award Management (SAM). If the payee is different from the Lessor, both payee and Lessor must be registered and active in SAM.

The Lessor shall provide to the Government, in exchange for the payment of the rental consideration, the following:

A. The leasehold interest in the Property described herein in Section 1.01, The Premises.

B. Tenantable premises that comply with applicable building codes and standards, including fire alarm and safety equipment (as provided in this Lease and its Exhibits). Performance and/or satisfaction of all other obligations set forth in this Lease, and all services, utilities, and maintenance required for the proper operation of the Property, the Building, and the Premises in accordance with the terms of the Lease, including, but not limited to, all inspections, modifications, repairs, replacements, and improvements required to be made thereto to meet the requirements of this Lease.

C. The Lessor, at its sole cost, shall provide and install separate meters for utilities. Sub-meters are not acceptable. The Lessor shall furnish in writing to the Real Estate Contracting Officer (RECO), prior to occupancy by the Government, a record of the meter numbers and verification that the meters measure Government usage only. Proration is not permissible. The Lessor is to provide utilities and communications connections to demarcation points within the Premises. In addition, an automatic control system shall be provided to assure compliance with heating and air conditioning requirements. The Lessor shall certify that the mechanical equipment, Building systems, and the utilities are in good serviceable and operating condition. The Lessor is responsible for providing, maintaining and repairing all systems, equipment, fixtures, and appurtenances necessary for the provision and use of the below services: (note: check all that apply)

☐ Electricity / Gas ☐ Heating oil ☐ Water ☐ Sanitary sewer ☐ Trash removal

☐ High-speed internet ☐ Phone service ☐ Power to adequately light recruiting sign ☐ Other ___________

Payment by Lessor for the following utilities or services (to be provided 24 hours per day, 7 days per week, including holidays): (note:

check all that apply)

☐ Heating oil ☐ Electricity / Gas ☐ Water ☐ Sanitary sewer ☐ Trash removal

☐ Janitorial ☐ Other [Insert Utility or Service]

D. Maintenance of the Premises and common areas and all related insurance, including:

Common area maintenance, including but not limited to, private streets and driveways, curbs, parking areas, service alleys, loading areas, retaining walls, sidewalks, landscaping, lighting, hallways, restrooms, stairwells, lobbies, and elevators;

Replace stained/damaged ceiling tiles during the term of the Lease, as necessary;

USACE RECRUITING LEASE FORM L100 (OCT/20) (SWF_V:02_6/13/22) Page 6

Replacement of all light bulbs, L.E.D.’s, fluorescent tubes, starters and ballasts to provide a minimum 50-foot candles of illumination at working surface height in all office spaces. All other nonworking areas will have a minimum of 30-foot candles of illumination at floor level;

Maintenance of exit signs; emergency lighting; portable fire extinguishers; and, fire protection networks, such as sprinkler systems and alarms, which meet fire protection standards established by applicable state statutes, fire regulations, building codes and local ordinances.

This includes, but is not limited to, the inspection, recharging, annual backflow testing and, if necessary, replacement of fire extinguishers.

Replacement with long-life lithium batteries in smoke detectors. Equipment, services or utilities furnished, and activities of other occupants, shall be free of safety, health and fire hazards.

E. The Lessor is responsible for providing, maintaining (including the replacement of air filters as needed) and repairing the heating, ventilation and air conditioning (HVAC) systems, equipment, fixtures, and appurtenances capable of maintaining a minimum temperature of 70 degrees Fahrenheit during the heating season and a maximum temperature of 78 degrees Fahrenheit during the cooling season.

The Lessor shall conduct HVAC system balancing after any HVAC system alterations during the term of the Lease and as requested by the Government. Normal maintenance of the HVAC systems shall not disrupt Government operations.

F. During working hours in periods of heating and cooling, ventilation shall be provided in accordance with the latest edition of the American National Standards Institute, American Society of Heating, Refrigeration and Air-Conditioning Engineers (ANSI/ASHRAE) Standard 62.1, Ventilation for Acceptable Indoor Air Quality.

G. Heating and air-conditioning air distribution systems (air handling units, VAV boxes, fan coil units, etc.) for the Space shall be equipped with particulate matter air filters that meet the Minimum Efficiency Reporting Value (MERV) specified in the current edition of ANSI/ASHRAE Standard 62.1. Locations that do not meet the EPA National Ambient Air Quality Standards (NAAQS) for particulates (PM 10 or PM 2.5) must be equipped with additional filtration on outdoor air intakes as required in ANSI/ASHRAE Standard 62.1. NAAQS information can be found at HTTPS://WWW.EPA.GOV/GREEN-BOOK.

H. Provide means for mail delivery (e.g. cluster box within the center’s property). An individual box is required for each Military Service Branch, if more than one Military Service Branch is located at the Premises. Mail slots are not acceptable.

I. Provide pest and rodent control measures and pesticides that conform to local health department regulations to keep the Premises free from pests and in a tenantable condition, including emergency treatment as necessary.

J. Service and maintain any interior and exterior signs. Service and maintenance shall include, but shall not be limited to: washing and cleaning of all sign surfaces, as needed; repainting the sides of each letter, as required; replacing all electrical and neon components, as required; and repair or replacement of broken or damaged plastic, as required. Remove any Government signs, perforated window graphics and lettering within thirty (30) days after the space is vacated by the Government.

K. Remove snow, ice, and any excess sand/ice melts from parking lots, sidewalks, and other areas as necessary in a timely manner. In addition to snow removal, the Lessor shall keep the walkways, sidewalks, and the parking lot clear of ice during normal business hours.

Lessor shall take all appropriate measures to protect the safety of the pedestrians.

L. Lawn care as required. Landscape maintenance shall be performed during the growing season at not less than a weekly cycle and shall consist of watering, weeding, mowing, and policing the area to keep it free of debris. Pruning and fertilization shall be done on an as-needed basis. In addition, dead, dying, or damaged plants shall be replaced promptly.

M. Provide janitorial services and supplies as more particularly described in Exhibit D, Janitorial Specifications, attached hereto and made a part hereof. (note: remove if not applicable)

1.03 TERMINATION RIGHTS

The Government may terminate this Lease, in whole or in parts, at any time effective after [Insert Day, Month, Year], by providing not less than thirty (30) days (note: a period of more than 30 days may be negotiated) prior written notice to the Lessor. The effective date of the termination shall be the day following the expiration of the required notice period or the termination date set forth in the notice, whichever is later. If the Lease is terminated in whole, no rental shall accrue after the effective date of termination. If the Lease is terminated in part, the rental due after the effective date of termination shall be adjusted and a Supplemental Agreement executed.

1.04 INTENTIONALLY DELETED

https://www.epa.gov/green-book

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1.05 CONDITION REPORT

A joint physical inspection of the Premises shall be made as of the delivery date of said Premises, reflecting the then present condition, and will be documented on behalf of the parties hereto. Upon expiration or termination of this Lease, a final inspection shall be conducted by representatives of both the Lessor and the Government.

1.06 DOCUMENTS INCORPORATED IN THE LEASE

The following documents are attached to and made part of the Lease:

DOCUMENT NAME

EXHIBIT

Floor Plan A Site/Parking Plan(s) B General Clauses, GSA Form 3517B C Janitorial Specifications (note: delete if janitorial not included) D Construction and Security Specifications E Certificate of Authority / Authorization (note: delete if not applicable) F Agency Agreement / Authorization for Property Manager to act on behalf of Owner (note: delete if not applicable) G

Seismic Form C, Building Retrofit or New Construction Pre-Award Commitment (note: delete if not applicable) H

Legal Description I Other

1.07 NOTICES

Any notice under this Lease is to be given in writing and delivered by “Certified Mail, Return Receipt Requested” or registered mail, Express Mail or comparable service, or delivered by hand and delivery, whether accepted or refused, attempted delivery, or marked undeliverable, shall be deemed notice under the terms of this Lease. Any notice given by the Lessor to the Government shall be addressed to: Fort Worth District Commander, U.S. Army Corps of Engineers District (CESWF-RE-A) PO Box 17300, Fort Worth, Texas 76102-0300. Any notice given by the Government to the Lessor or his/her agent shall be addressed to: [Insert Address] and e-mail [Insert E-Mail], or as may from time to time otherwise be directed in writing by the parties. Both Lessor and Government have an obligation to ensure that the other party has their accurate address. Any such notice and correspondence shall include the lease number.

The Lessor shall provide an onsite Building superintendent or a locally designated representative available to promptly respond to deficiencies and immediately address all emergency situations. In the event of an emergency, Government may contact: [Insert Name and Phone Number of Lessor Point of Contact]. For maintenance purposes, the Government’s notice to the Lessor shall be addressed to: [Insert Name, E-Mail, and Phone].

1.08 INITIAL ALTERATIONS

It is agreed that the Lessor shall complete alterations in accordance with Exhibit “A”, Floor Plan, and Exhibit “E”, Construction and Security Specifications, attached hereto and made a part hereof. Said alterations shall commence after Government execution of this Lease and Government has issued a notice to proceed (NTP).

It is agreed by and between the parties hereto that upon the Government accepting the Space, ownership of all alterations to the property, both real and personal that are placed upon or added to the Premises by reason of this provision, shall be and will immediately become the property of the Government and may be removed from the Premises or abandoned in place by the Government.

The total cost of alterations is in the amount of $[Insert Amount]. (note: also state lump sum amount in words)

(Delete the following paragraph if the Lessor is not contributing any funds towards alterations)

The Lessor has agreed to pay all of / a portion of [Select as appropriate] the cost of alterations in the amount of $[Insert Amount].

(note: also state lump sum amount in words) (note: Include the following sentence where Lessor is paying for all of the cost of alterations.) The parties hereby agree that if the cost of alterations exceeds the total amount listed herein, the Lessor shall promptly pay [the Government or the third party owed] for such additional amounts to avoid any delay in the alterations being completed or the Government accepting the Space.

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(Option 1: One-Time Reimbursement Payment)

The Government shall reimburse the Lessor by a lump sum payment the cost of alterations completed at Government expense, in an amount not to exceed $[Insert Amount]. (note: also state lump sum amount in words) Such payment shall be made upon completion of the alterations and acceptance by the Government.

(Option 2: Three-Part Reimbursement Payment)

The following milestones shall govern the partial payment reimbursements allowed to the Lessor by the Government:

A. The first 30% payment shall be released upon 50% of work completion, based on submitted invoices for materials requiring lead time, or space support work required for Government Space build-out requirements, and evidenced by completion of demolition work, rough plumbing, HVAC, electrical, and similar work, as determined by the RECO or their authorized representative.

B. The second 30% payment shall be released upon 75% completion of the initial scope of work, evidenced by completion of drywall, electrical, plumbing, HVAC, receipt of doors and assemblies, new windows, and invoices for other materials ordered and not already included in the first progress payment.

C. The final 40% shall be released upon 100% completion and acceptance of the Space by the Government.

1.09 INSURANCE CERTIFICATION

The United States Government is self-insured; therefore, the Government does not purchase insurance from outside sources.

The parties to this Lease evidence their agreement to all terms and conditions set forth herein by their signatures below.

1.10 INTENTIONALLLY DELETED

1.11 LESSOR’S UNIQUE ENTIITY IDENTIFICATION NUMBER

Lessor’s Unique Entity ID Number: XXXXX*XX####.

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SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS

2.01 DEFINITIONS AND GENERAL TERMS

Unless otherwise specifically noted, all terms and conditions set forth in this Lease shall be interpreted by reference to the following definitions, standards, and formulas:

Appurtenant Areas. Appurtenant Areas are defined as those areas and facilities on the Property that are not located within the Premises, but for which rights are expressly granted under this Lease, or for which rights to use are reasonably necessary or reasonably anticipated with respect to the Government's enjoyment of the Premises and express appurtenant rights.

Building. The building(s) situated on the Property in which the Premises are located.

Contract. “Contract” shall mean this Lease.

Contractor. “Contractor” shall mean Lessor.

Days. All references to “day” or “days” in this Lease shall mean calendar days, unless specified otherwise.

FAR. All references to the FAR shall be understood to mean the Federal Acquisition Regulation, codified at 48 CFR Chapter 1.

Firm Term/Non-Firm Term. The Firm Term is that part of the Lease term that is not subject to termination rights. The Non-Firm Term is that part of the Lease term following the end of the Firm Term.

Government Officials. Any reference to GSA is interchangeable with USACE, and any reference to LCO, Contracting Officer, or Government representative are interchangeable with Real Estate Contracting Officer or RECO.

GSAR. All references to the GSAR shall be understood to mean the GSA supplement to the FAR, codified at 48 CFR Chapter 5.

Lease Award Date. The date the RECO executes the Lease and mails or otherwise furnishes written notification of the executed Lease to the successful Offeror (date on which the parties’ obligations under the Lease begin).

Lease Term Commencement Date. The date on which the Government’s obligation to pay rent commences after it has accepted the Space/Premises.

Premises. The Premises are defined as the total office area or other type of Space, together with all associated common areas, described in Section 1.01, The Premises, of this Lease, and delineated by floor/site plan in the attached exhibit(s). Parking and other areas to which the Government has rights under this Lease are not included in the Premises.

Property. The Property is defined as the land and Buildings in which the Premises are located, including all Appurtenant Areas (e.g., parking areas) to which the Government is granted rights.

Space. The Space shall refer to that part of the Premises to which the Government has exclusive use, such as office area, or other type of Space. Parking areas to which the Government has rights under this Lease are not included in the Space.

Working Days. Working Days shall mean weekdays, excluding Saturdays and Sundays and Federal holidays.

2.02 AUTHORIZED REPRESENTATIVES

Signatories to this Lease shall have full authority to bind their respective principals with regard to all matters relating to this Lease. No other persons shall be understood to have any authority to bind their respective principals, except to the extent that such authority may be explicitly delegated by notice to the other party, or to the extent that such authority is transferred by succession of interest. The Government shall have the right to substitute its RECO by notice, without an express delegation by the prior RECO. Lessor is hereby notified that Government tenant occupants are not authorized to negotiate, modify, or contract with the Lessor on any matters related to this Lease or its terms and conditions, Construction and Security Specifications, or to obligate the Government for expenditure of funds.

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2.03 ALTERATIONS REQUESTED BY THE GOVERNMENT

A. The Government may request the Lessor to provide alterations during the term of the Lease. Alterations will be ordered by issuance of a Supplemental Agreement. The General Services Administration Acquisition Manual (“GSAM”) clause, 552.270-31, Prompt Payment, including its invoice requirements, shall apply to orders for alterations. All orders are subject to the terms and conditions of this Lease and may be placed by the RECO or an authorized USACE representative.

B. The Government shall have the right during the existence of this Lease to make alterations, attach fixtures, and erect additions, structures or signs in or upon the Premises hereby leased. Upon Government request, the Lessor shall be required to promptly obtain bids for the said work and to provide the bids to the Government. All work shall be performed through the Lessor and will be implemented by Supplemental Agreement. The Government’s portion of the expense will be paid on a reimbursable basis. Such fixtures, additions, or structures shall be and remain the property of the Government and may be removed prior to the expiration or termination of this Lease or abandoned in place.

2.04 ADJUSTMENT FOR VACANT PREMISES

A. 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 term of the Lease, the rental rate will be reduced by the agreed rate reduction.

B. If no rate reduction has been established in this Lease, the rate will be reduced by that portion of the costs per SF of rent, and operating expenses not required to maintain the Space.

C. Said reduction shall occur after the Government gives thirty (30) calendar days’ prior notice to the Lessor and shall continue in effect until the Government occupies the vacant Premises or the Lease expires or is terminated.

2.05 FIRE AND CASUALTY DAMAGE

If the Building in which the Premises are located is totally destroyed or damaged by fire or other casualty, this Lease shall immediately terminate. If the Building in which the Premises are located is only partially destroyed or damaged, so as to render the Premises untenantable, or not usable for their intended purpose, the Lessor shall have the option to elect to repair and restore the Premises or terminate the Lease. The Lessor shall be permitted a reasonable amount of time, not to exceed one hundred and eighty (180) days from the event of destruction or damage, to repair or restore the Premises, if the Lessor submits to the Government a reasonable schedule for repair of the Premises within thirty (30) days of the event of destruction or damage. If the Lessor fails to timely submit a reasonable schedule for completing the work, the Government may elect to terminate the Lease effective as of the date of the event of destruction or damage. If the Lessor elects to repair or restore the Premises, but fails to repair or restore the Premises within one hundred and eighty (180) 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 Lease effective as of the date of the destruction or damage. During the time that the Premises cannot reasonably be utilized for its intended use, rent shall be abated.

Termination of the Lease 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 Lessor’s negligence or willful misconduct.

2.06 DEFAULT BY LESSOR

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 the Government accepting the Space. Failure by the Lessor to diligently perform all obligations required for the Government’s 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 the Government accepts the Space. 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:

(i) The Lessor’s default persists notwithstanding provision of notice and reasonable opportunity to cure by the Government, or

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(ii) The Lessor fails to take such actions as are necessary to prevent the recurrence of default conditions, and such conditions 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 award of the Lease 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 Section 2.06 are in addition to any and all remedies to which the Government may be entitled as a matter of law.

2.07 INTEGRATED AGREEMENT

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 a part of the Lease, neither the request for proposals nor any pre-award communications by either party shall be incorporated in the Lease.

2.08 MUTUALITY OF OBLIGATION

The obligations and covenants of the Lessor, and the Government’s obligation to pay rent and perform such other obligations as may be specified herein, are interdependent.

2.09 COMPLIANCE WITH APPLICABLE LAW

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.

2.10 MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT

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 RECO, the Lessor shall provide written documentation that Building systems have been property 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 Section 2.10.

2.11 CLAUSES INCORPORATED BY REFERENCE

This Lease incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.