SFO Chambersburg 2026-976 Full Package.pdf

FOR OFFICIAL USE ONLY

Solicitation for Lease Proposals (SLP)

SLP # 2026-976

THE UNITED STATES GOVERNMENT

HAS A REQUIREMENT FOR A MINIMUM OF 50,000

USABLE SQUARE FEET OF STORAGE SPACE IN THE

CHAMBERBURG, PENNSYLVANIA AREA

NAME: JESSICA BRANNON

TITLE: REALTY SPECIALIST

TABLE OF CONTENTS

1.0 Project Summary

1.1 General Provisions

1.2 Lease Authority

1.3 Project Overview / General Requirements

1.4 Amount, Location, and Type of Space

1.5 Sequence of Events to Lease

1.6 Lease Term

1.7 Site Security and Minimum Requirements for Work at the Facility

2.0 Submission Requirements and Technical Evaluation Factors

2.1 Overview of Evaluation and Selection Process

2.2 Description of Evaluation Factors

3.0 Offeror Submissions

3.1 Clarifications

3.2 Submission Requirements

3.3 Written Submission Requirements

3.4 Review of Offers and Award

3.5 Non Publicity / Security

3.6 Notifications

4.0 Documents Referenced within or Related to the SLP

4.1 Attachments

The Following Documents are attached and are made a part of this SLP

1. U.S. Army Corps of Engineers Lease Document and General Clauses

2. Offeror’s Financial Terms Summary Worksheet

3. Offeror’s General Building Information Summary Worksheet

SLP# 2026-976

1.0 PROPOSED PROJECT SUMMARY

1.1 General provisions

A. Unless otherwise noted, all obligations and references to “provide” and “install” shall be the sole responsibility of the Offeror/Lessor.

B. All references made to “number of days” in this SLP shall mean calendar days not work days.

C. Unless otherwise noted, all references in this SLP to square feet shall mean Usable Square Feet

(USF).

D. “Offeror” and “Lessor” are used interchangeably throughout this SLP.

E. Unless otherwise noted, “Facility” shall mean the site and all improvements thereupon (such as the Building, parking, internal roads, fences, etc.).

1.2 Lease Authority

A. The United States Government may enter into a lease using the authorities and subject to limitations and provisions of 10 U.S.C. 2661.

B. This SLP and award of Lease is subject to the following:

1. Subject to adequate appropriations being made available for Lease costs;

2. Government Convenience. This SLP may be withdrawn or cancelled at any time at the convenience of the Government;

3. Offeror’s acceptance and agreement to terms and conditions of USACE Lease; Any proposed changes to the Government’s Lease, as a condition of or in conjunction with the Offeror’s proposal, may result in Offeror being deemed nonresponsive to the solicitation;

4. Approval of Office of Management and Budget (OMB) Prospectus reporting if required;

5. Lease scores as “Operating” in accordance with OMB Circular A-11 (2025);

6. Building Ownership is restricted to U.S. Companies;

7. Successful Offeror will be required to register in the System for Award Management (SAM) central contractor registration site via www.sam.gov

8. Other criteria as included within the SLP.

(See, Attachment 1 for standard USACE Lease terms and conditions).

http://www.sam.gov/

1.3 Project Overview / General Requirements

A. The United States Government (“USG”) is interested in leasing the following space requirements:

50,000 SF of enclosed dry storage/warehouse space Minimum of two (2) dock level overhead door, opening size 8'-6" W x 10' H Minimum of five (5) overhead doors, opening size 12' W x 10' H

Minimum of three (3) pedestrian doors Minimum 10 off-street parking spaces

Breakroom/office area with conditioned air Restroom facility

B. Offeror proposals must be valid through 30 June 2026.

1.4 Amount, Location, and Type of Space

A. The space must be at least 50,000 USF of storage space.

B. The building must be within 1.5 mile radius of 1 Overcash Avenue, Letterkenny Army Depot, Chambersburg, Pennsylvania area.

C. Parking: Lessor shall provide the Government with a minimum of 10 total parking spaces

Lessor shall always comply with local code.

1.5 Sequence of Events to Lease and Written Notification

A. The purpose of this procurement is to select the most qualified Offeror in conformance with the

SLP using the Evaluation Factors outlined herein. The Government will issue a written notice to the successful Offeror, and upon receipt of all necessary approvals the Government will begin to finalize a lease agreement for the required space.

B. The written notice will include the following:

1. Statement of Government’s intent to award a lease subject to any remaining prerequisites and necessary approvals.

2. Lessor’s acknowledgement of acceptance of the form and terms and conditions of the USACE

Lease.

3. Reference to the forms, Attachments, and Exhibits anticipated being included in the Lease; The Offeror may assume that the Lease will include all the Attachments and Exhibits (modified as required) used by USACE as further outlined herein and shown in the attached Lease template.

C. Lease Acquisition Project Planning Calendar

Note: all dates approximate and subject to change at the discretion of the Government.

Action Date(s) Notes

Request for Lease Proposals Issued 04/30/2026

Deadline for response to SLP 05/15/2026 Proposal submission to USACE by COB (1700 EDT)

Notification of Award or non- Award to all Offerors

05/18/2026 via email

Lease Execution 06/19/2026 NLT 06/30/2026

1.6 Lease Term

A. Subject to compliance with OMB lease scoring rules, the lease term shall be for a one year base term plus four (4) one year option renewal terms, as set forth below:

This lease shall be for a one year base term plus four one year option renewal terms. The lease will be renewed from year to year for four (4) additional one (1) year periods, for a total of five (5) one (1) year periods, provided that the Government gives the Lessor ninety (30) days written notice and provided further that adequate appropriations are available from year to year for the payment of rentals. The Government shall have no further liability for the period following the effective date of termination.

B. Rental shall be structured as a Triple Net (NNN) Lease. Rent shall be composed of “Base Rent” and “Additional Rent” for O&M Expenses.

1.7 Site Security and Minimum Requirements for Work at the Facility

A. Offeror must comply with Specific Security provisions as shown in Lease.

B. All workers performing construction/fit-up services within the subject lease space must be legal residents of the United States.

C. All workers performing services for the Government in the subject lease space upon BOD and occupancy by the Government’s using Agency:

1. Must be U.S. Citizens.

2. Must pass a fingerprint-based check of state and national arrests and fugitive files in order to be granted access.

2.0 SUBMISSION REQUIREMENTS AND TECHNICAL EVALUATION FACTORS

2.1 Overview of Evaluation and Selection Process

A. This procurement and evaluation process and factors herein reflect a Source Selection Plan (“SSP”) approved by the Government’s Source Selection Authority (“SSA”) for this procurement.

This SSP defines the Government’s approach for selecting a qualified lease facility and Lessor to provide and maintain a facility via a leasehold arrangement with the Government. It serves to ensure a thorough, fair, equitable, and unbiased evaluation of each Offeror’s proposal is conducted.

Only the evaluation factors listed herein will be used in the evaluation of the Offer.

B. The Government will award to the responsible Offeror whose proposal represents the lowest Net

Present Value (NPV) cost per Usable Square Foot (USF) (defined as the cumulative NPV of the five

(5) year cost of Rent, inclusive of Base rent, the additional rental costs for Real Estate Taxes, Insurance and Administrative/Property Management Fees divided by the USF of the proposed facility) to the Government for a building(s) that are technically acceptable. The Government will issue a written notice to the selected offeror, and begin to finalize a lease. Upon receipt of all necessary approvals the Offeror and Government will execute the lease(s) agreement for the required space(s). If agreement on the lease cannot be reached, the Contracting Officer will authorize the Government’s Realty Specialist to begin finalizing a lease with the next lowest cost, technically acceptable Offeror. All actions will be reviewed and approved by the Government’s Real Estate Contracting Officer.

2.2 Description of Evaluation Factors

The evaluation factors to determine acceptability are as follows:

A.Technical

Factor 1 Space; the space must be approximately 50,000 of storage/warehouse space.

The building should have the following: The space shall have a minimum of two (2 dock leven overhead doors, opening size 8’6” W x 10' H, minimum of five (5) ground level overhead doors, opening size 12' W x 10' H, minimum of 3 ground level pedestrian doors, minimum of 10 off-street parking space, breakroom/office area with conditioned air, and restroom facilities for both male and female. Offeror shall provide a floor plan. This factor will be evaluated as either Acceptable or Unacceptable. Proposals received for space which do not meet this requirement will not be evaluated and will not receive any further consideration for this SLP. (ACCEPTABLE/UNACCEPTABLE Factor)

Factor 2 Location; proposed leased space must be within the 1.5 mile radius of 1 Overcash Avenue, Letterkenny Army Depot, Chambersburg, Pennsylvania area. Offeror shall submit a map showing the location of the proposed building. Proposals received for space which do not meet this requirement will not be evaluated and will not receive any further consideration for this SLP.

(ACCEPTABLE/UNACCEPTABLE Factor)

Factor 3 Access; The Offeror shall propose space that will be accessible 24 hours a day, 7 days a week (24/7). Proposals received for space which do not meet this requirement will not be evaluated and will not receive any further consideration for this SLP. (ACCEPTABLE/UNACCEPTABLE Factor)

B. Cost

Factor 1 Cost to Government; Cost to Government for each proposal will be the total NPV cost per usable square foot (USF) calculated as follows:

1. Total Base Rent for a 5 year period net of any additional rental abatement beyond BOD.

2. Plus the total of select O&M Costs for same period (separately reimbursable Real Estate Taxes, Insurance and Management Fees).

3. The NPV shall be calculated as the sum of 1 and 2 above utilizing the discount factor as prescribed by OMB Circular No. A-11 (2018) Appendix B – Budgetary Treatment of Lease-

Purchases and Leases of Capital Assets).

4. The total NPV cost per USF shall be calculated as the total NPV determined in 3 above divided by the USF.

3.0 SUBMISSION REQUIREMENTS

3.1 Request For Information (RFI)

Questions pertaining to the SLP shall be directed to Shavette Bradley by email at Shavette.A.Bradley@usace.army.mil.

Written RFI answers shall be provided to all parties.

3.2 Submission Requirements

A. All Offers shall be in writing and submitted as follows:

• I. Technical Proposal (Do not include Rent or other economic factors.)

• II. Cost Proposal

1. Offers shall be due no later than 1700 EDT on 15 May 2026.

2. Submissions shall be delivered by email to Jessica Brannon at jessica.e.brannon@usace.army.mil

B. This procurement shall be administered through the U.S. Army Corps of Engineers, Real

Estate Division.

3.3 Written Proposal Requirements

A. Offeror shall submit a Technical Proposal to include the following:

1. Offeror’s official Letter form Proposal responding to the Techincal Factors listed in section 2.2.A and summarizing any additional technical terms conditions, exclusions, etc. (Do not include Rent, or other economic factors.)

mailto:Shavette.A.Bradley@usace.army.mil

2. Commercial listing/property information sheet or brochure to include the Plat and Legal Description of the facility.

3. Telephone and email contact information for Leasing Representative and other Key project team members.

4. Other Required Technical Submissions:

• Offeror shall provide a floor plan for the proposed building space.

• Offeror shall submit a map showing the location of the proposed building space within the

Chambersburg, Pennsylvania area.

• Offeror shall provide building tenant list, including any subtenants.

• Offeror shall indicate whether the leased space will have the capability of being supported by back-up power.

B. Cost Proposal Submission:

1. Letter summarizing economic terms, conditions, exclusions, etc. Proposal must affirm and expressly state that the terms of the offer are in effect through 30 June 2026.

2. Government’s Financial Terms Summary Worksheet (completed).

3.4 Review of Offers and Award

A. The Government will review all offers received in accordance with the schedule for submission of offers. The Government will contact Offerors individually if any clarification is required on the Offeror’s submission package.

B. The Government will award to the Offeror whose proposal represents the lowest cost, technically acceptable offer to the Government on the basis of the Technical and Cost evaluation factors.

C. All proposals must be received complete by the established deadline.

3.5 Non Publicity / Security

It is a material condition of this agreement that the Lessor and its subcontractors shall comply with the security requirements of the Lease, and shall not use or allow to be used with the Lessor’s knowledge any aspect of the Lease for publicity or advertisement.

3.6 Notifications

USACE will notify the successful and unsuccessful Offerors via email.

4.0 Documents Referenced within or Related to the SLP

4.1 Attachments

A. The following documents are attached and are made a part of this SLP:

1. U.S. Army Corps of Engineers (USACE) Lease Document and General Clauses

2. Offeror’s Financial Terms Summary Worksheet

3. Offeror’s General Building Information Summary Worksheet

End of SLP

LEASE NO. DACA31-5-

U.S. GOVERNMENT

LEASE FOR REAL PROPERTY

IN ACCORDANCE WITH TITLE 10 UNITED STATES CODE SECTION 2661

THIS LEASE, made and entered into this _____ day of ________ 20__ by and between whose address is and whose interest in the property hereinafter described is that of Owner, hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government:

WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows:

1. The Lessor hereby leases to the Government the following described premises:

FULL TIME EXCLUSIVE USE of approximately to be used for government purposes.

2. LEASE TERM

To have and to hold said premises with their appurtenances for the term beginning on ___________ through _____________, subject to termination and renewal rights as may be hereinafter set forth.

3. RENTAL CONSIDERATION

The Government shall pay the Lessor annual rent in the amount of ____________, payable at the rate of _______________ per month in arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable to

4. TERMINATION

The Government may terminate this lease at any time by giving at least 30 days notice in writing to the Lessor and no rental shall accrue after the effective date of termination.

Said notice shall be computed commencing with the day after the official date of mailing.

5. RENEWAL

This lease may be renewed at the option of the Government, for the following terms and at the following rentals:

This lease shall in no event extend beyond ______________. In the event Congress does not appropriate funds for continuance of this mission, the Government’s liability shall be limited to the amount specified for the base year or current year as agreed to herein and the Government shall have no further liability for the period following the effective date of termination. This lease shall be renewed from year to year for a five year period, provided notice be given in writing to the Lessor at least 30 days before the end of the original lease term or any renewal term; all other terms and conditions of this lease shall remain the same during any renewal term. Said notice shall be computed commencing with the day after the date of mailing.

6. The Lessor shall furnished to the Government, as part of the rental consideration, the following:

7. ATTACHMENTS: The following are attached and made a part hereof:

a. General Clauses (1-47)

b. Exhibit “A”, Floor Plan

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

LESSOR: TAX ID NO:

SIGNATURE: DATE:

NAME OF SIGNER (PLEASE PRINT) TITLE OF SIGNER:

WITNESS

SIGNATURE: SIGNATURE:

WITNESS ADDRESS (PLEASE PRINT): WITNESS ADDRESS (PRINT):

UNITED STATES OF AMERICA

SIGNATURE: DATE:

Chief, Real Estate Division

Real Estate Contracting Officer Baltimore District, Corps of Engineers

GENERAL CLAUSES

(Acquisition of Leasehold Interests in Real Property)

1. SUBLETTING AND ASSIGNMENT (JAN 2011)

The Government may sublet any part of the premises but shall not be relieved from any obligations under this lease by reason of any such subletting. The Government may at any time assign this lease, and be relieved from all obligations to Lessor under this lease excepting only unpaid rent and other liabilities, if any, that have accrued to the date of said assignment. Any subletting or assignment shall be subject to prior written consent of Lessor, which shall not be unreasonably withheld.

2. 552.270-11 SUCCESSORS BOUND (SEP 1999)

This lease shall bind, and inure to the benefit of, the parties and their respective heirs, executors, administrators, successors, and assigns.

3. 552.270-23 SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT (SEP

1999)

(a) Lessor warrants that it holds such title to or other interest in the premises and other property as is necessary to the Government's access to the premises and full use and enjoyment thereof in accordance with the provisions of this lease. Government agrees, in consideration of the warranties and conditions set forth in this clause, that this lease is subject and subordinate to any and all recorded mortgages, deeds of trust and other liens now or hereafter existing or imposed upon the premises, and to any renewal, modification or extension thereof. It is the intention of the parties that this provision shall be self-operative and that no further instrument shall be required to effect the present or subsequent subordination of this lease. Government agrees, however, within twenty (20) business days next following the Contracting Officer's receipt of a written demand, to execute such instruments as Lessor may reasonably request to evidence further the subordination of this lease to any existing or future mortgage, deed of trust or other security interest pertaining to the premises, and to any water, sewer or access easement necessary or desirable to serve the premises or adjoining property owned in whole or in part by Lessor if such easement does not interfere with the full enjoyment of any right granted the Government under this lease.

(b) No such subordination, to either existing or future mortgages, deeds of trust or other lien or security instrument shall operate to affect adversely any right of the Government under this lease so long as the Government is not in default under this lease. Lessor will include in any future mortgage, deed of trust or other security instrument to which this lease becomes subordinate, or in a separate non-disturbance agreement, a provision to the foregoing effect. Lessor warrants that the holders of all notes or other obligations secured by existing mortgages, deeds of trust or other security instruments have consented to the provisions of this clause, and agrees to provide true copies of all such consents to the Contracting Officer promptly upon demand.

(c) In the event of any sale of the premises or any portion thereof by foreclosure of the lien of any such mortgage, deed of trust or other security instrument, or the giving of a deed in lieu of foreclosure, the Government will be deemed to have attorned to any purchaser, purchasers, transferee or transferees of the premises or any portion thereof and its or their successors and assigns, and any such purchasers and transferees will be deemed to have assumed all obligations of the Lessor under this lease, so as to establish direct privity of estate and contract between Government and such purchasers or transferees, with the same force, effect and relative priority in time and right as if the lease had initially been entered into between such purchasers or transferees and the Government; provided, further, that the Contracting Officer and such purchasers or transferees shall, with reasonable promptness following any such sale or deed delivery in lieu of foreclosure, execute all such revisions to this lease, or other writings, as shall be necessary to document the foregoing relationship.

(d) None of the foregoing provisions may be deemed or construed to imply a waiver of the Government's rights as a sovereign.

4. 552.270-24 STATEMENT OF LEASE (SEP 1999)

(a) The Contracting Officer will, within thirty (30) days next following the Contracting Officer's receipt of a joint written request from Lessor and a prospective lender or purchaser of the building, execute and deliver to Lessor a letter stating that the same is issued subject to the conditions stated in this clause and, if such is the case, that (1) the lease is in full force and effect; (2) the date to which the rent and other charges have been paid in advance, if any; and (3) whether any notice of default has been issued.

(b) Letters issued pursuant to this clause are subject to the following conditions:

(1) That they are based solely upon a reasonably diligent review of the Contracting

Officer’s lease file as of the date of issuance.

(2) That the Government shall not be held liable because of any defect in or condition of the premises or building;

(3) That the Contracting Officer does not warrant or represent that the premises or building comply with applicable Federal, State and local law; and

(4) That the Lessor, and each prospective lender and purchaser are deemed to have constructive notice of such facts as would be ascertainable by reasonable pre-purchase and pre-commitment inspection of the Premises and Building and by inquiry to appropriate Federal, State and local Government officials.

5. 552.270-25 SUBSTITUTION OF GOVERNMENT AGENCY (SEP 1999)

The Government may, at any time and from time to time, substitute any Government agency or agencies for the Government agency or agencies, if any, named in the lease.

6. 552.270-26 NO WAIVER (SEP 1999)

No failure by either party to insist upon the strict performance of any provision of this lease or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial rent or other performance by either party during the continuance of any such breach shall constitute a waiver of any such breach of such provision.

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

8. 552.270-28 MUTUALITY OF OBLIGATION (SEP 1999)

The obligations and covenants of the Lessor, and the Government's obligation to pay rent and other Government obligations and covenants, arising under or related to this Lease, are interdependent. The Government may, upon issuance of and delivery to Lessor of a final decision asserting a claim against Lessor, set off such claim, in whole or in part, as against any payment or payments then or thereafter due the Lessor under this lease. No setoff pursuant to this clause shall constitute a breach by the Government of this lease

9. DELIVERY AND CONDITION (JAN 2011)

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

(b) The Government may elect to accept the Space notwithstanding the Lessor's failure to deliver the Space substantially complete; if the Government so elects, it may reduce the rent payments.

10. 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:

(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 acts4 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.

11. 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 entire leased premises, and the Lessor agrees to schedule its work so as to deliver the space incrementally as elected by the Government. The Government shall pay rent commencing with the first business day following substantial completion of the entire leased premise unless the Government has elected to occupy the leased premises incrementally. In case of incremental occupancy, the Government shall pay rent pro rata upon the first business day following substantial completion of each incremental unit. Rental payments shall become due on the first workday of the month following the month in which an increment of space is substantially complete, except that should an increment of space be substantially completed after the fifteenth day of the month, the payment due date will be the first workday of the second month following the month in which it was substantially complete. The commencement date of the firm lease term will be a composite determined from all rent commencement dates.

12. MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT (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 Governmentable 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 the Government's access to, occupancy, possession, use and enjoyment of the premises as provided in this lease. For the purpose of so maintaining the premises, the Lessor may at reasonable times enter the premises with the approval of the authorized Government representative in charge. 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 and all other requirements of this Lease, 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 Award Date 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.

13. FIRE AND CASUALTY DAMAGE (JUN 2016)

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 are only partially destroyed or damaged, so as to render the Premises unGovernmentable, 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 270 days from the event of destruction or damage, to repair or restore the Premises, provided that the Lessor submits to the Government a reasonable schedule for repair of the Premises within 60 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 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 Lease effective as of the date of the destruction or damage. During the time that the Premises are unoccupied, rent shall be abated.

Termination of the Lease by either party under this clause shall not give rise to liability for either party.

Nothing in this lease shall be construed as relieving Lessor from liability for damage to, or destruction of, property of the United States of America caused by the willful or negligent act or omission of Lessor.

14. 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 Government 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.

15. 552.270-12 ALTERATIONS (SEP 1999)

The Government shall have the right during the existence of this lease to make alterations, attach fixtures, and erect structures or signs in or upon the premises hereby leased, 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 lease contemplates that the Government is the sole occupant of the building, for purposes of this clause, the leased 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 leased space.

16. ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY (APR 2015)

(a) Ten (10) working days prior to the completion of the Space, the Lessor 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 conforming to this Lease and the approved DIDs is substantially complete, and a Certificate of Occupancy has been issued as set forth below.

(b) 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 Government's enjoyment of the Space. 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 Lessor of any other Lease requirements.

(c) The Lessor shall provide a valid Certificate of Occupancy, issued by the local jurisdiction, for the intended use of the Government. If the local jurisdiction does not issue Certificates of Occupancy or if the Certificate of Occupancy is not available, the Lessor may satisfy this condition by providing a report prepared by a licensed fire protection engineer that indicates that the Space and Building are compliant with all applicable local codes and ordinances and all fire protection and life safety-related requirements of this Lease 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 and fire protection and life safety-related requirements of this Lease.

17. 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

(a) Definitions. As used in this provision—

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov .

18. 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

(a) Definitions. As used in this clause—

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal contractors.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS).

The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR Subpart 4.14; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c) (1) (i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the

“Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims).

Assignees shall be separately registered in the SAM. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished.

Dun & Bradstreet may be contacted

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.

19. 552.270-31 PROMPT PAYMENT (JUN 2011)

The Government will make payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or an electronic funds transfer is made. All days referred to in this clause are calendar days, unless otherwise specified.

(a) Payment due date —

(1) Rental payments. Rent shall be paid monthly in arrears and will be due on the first workday of each month, and only as provided for by the lease.

(i) When the date for commencement of rent falls on the 15th day of the month or earlier, the initial monthly rental payment under this contract shall become due on the first workday of the month following the month in which the commencement of the rent is effective.

(ii) When the date for commencement of rent falls after the 15th day of the month, the initial monthly rental payment under this contract shall become due on the first workday of the second month following the month in which the commencement of the rent is effective.

(2) Other payments. The due date for making payments other than rent shall be the later of the following two events:

(i) The 30th day after the designated billing office has received a proper invoice from the Contractor.

(ii) The 30th day after Government acceptance of the work or service. However, if the designated billing office fails to annotate the invoice with the actual date of receipt, the invoice payment due date shall be deemed to be the 30th day after the Contractor’s invoice is dated, provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

(b) Invoice and inspection requirements for payments other than rent.

(1) The Contractor shall prepare and submit an invoice to the designated billing office after completion of the work. A proper invoice shall include the following items:

(i) Name and address of the Contractor.

(ii) Invoice date.

(iii) Lease number.

(iv) Government’s order number or other authorization.

(v) Description, price, and quantity of work or services delivered.

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the remittance address in the lease or the order).

(vii) Name (where practicable), title, phone number, and mailing address of person to be notified in the event of a defective invoice.

(2) The Government will inspect and determine the acceptability of the work performed or services delivered within seven days after the receipt of a proper invoice or notification of completion of the work or services unless a different period is specified at the time the order is placed. If actual acceptance occurs later, for the purpose of determining the payment due date and calculation of interest, acceptance will be deemed to occur on the last day of the seven day inspection period. If the work or service is rejected for failure to conform to the technical requirements of the contract, the seven days will be counted beginning with receipt of a new invoice or notification. In either case, the Contractor is not entitled to any payment or interest unless actual acceptance by the Government occurs.

(c) Interest Penalty.

(1) An interest penalty shall be paid automatically by the Government, without request from the Contractor, if payment is not made by the due date.

(2) The interest penalty shall be at the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect on the day after the due date. This rate is referred to as the ‘‘Renegotiation Board Interest Rate,’’ and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the payment amount approved by the Government and be compounded in 30-day increments inclusive from the first day after the due date through the payment date.

(3) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at 52.233–1, Disputes, or for more than one year. Interest penalties of less than $1.00 need not be paid.

(4) Interest penalties are not required on payment delays due to disagreement between the Government and Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes.

(b) Overpayments. If the Lessor becomes aware of a duplicate payment or that the Government has otherwise overpaid on a payment, the Contractor shall—

(1) Return the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(i) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(ii) Affected lease number; (iii) Affected lease line item or sub-line item, if applicable; and

(iii) Lessor point of contact.

(2) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

20. 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

(Applicable to leases over the micro-purchase threshold - $3,000.)

(a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C.