Clarification Amendment.docx
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- Attached to
- OFFICE SPACE FOR US ARMY COE NASHVILLE TN
- Solicitation number
- W912QR-110EKFBNASHVILLETN
About this file
This is a Clarification Amendment to a Request for Lease Proposals (RLP No. 110EKFB) issued by the Nashville District, US Army Corps of Engineers for office space in Nashville, Tennessee. The amendment clarifies critical terms regarding Government termination rights and Tenant Improvement (TI) amortization to ensure offeror compliance.
The amendment establishes that the Government retains unilateral termination rights after the initial one-year lease term, effective with 90 days' prior written notice, with no early termination fees, penalties, liquidated damages, or other financial charges permitted. Tenant Improvement costs must be amortized and billed through rent, with the Government bearing no liability for unamortized TI balances, penalties, or reconciliation fees upon lease termination. The Government may decline renewal options if inclusion would result in capital lease accounting treatment. Offerors must submit proposals without conditions, reservations, or penalty structures conflicting with these termination rights or TI amortization terms; non-compliant proposals will be rejected. The revised proposal submission deadline is September 10, 2026 at 11:59 PM EST, representing an extension from the original August 31, 2026 deadline. The underlying solicitation seeks approximately 66,000 square feet of fully serviced, continuous-floor office space customizable to Government requirements, with a one-year initial term and nineteen optional one-year renewals under 10 U.S.C. 2661.
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Text version
The purpose of this amendment is to clarify Government requirements regarding termination rights and Tenant Improvement (TI) amortization terms pursuant to RLP No. 110EKFB.
Offerors are hereby notified of the following clarifications:
· No Early Termination Penalties: In accordance with Section 1.02 – AMOUNT AND TYPE OF SPACE, LEASE TERM, AND OCCUPANCY DATE (OCT 2022), paragraph E.: The lease term shall be 1 Year, with Government termination rights, in whole or in parts, effective at any time after the initial year by providing not less than 90 days’ prior written notice. This Lease may be renewed at the option of the Government for 19 additonal,1-year terms. The Government reserves the right in the Lease to not include an option, or to reduce the length of an option, if inclusion of the option would cause the Lease to score as a capital lease, in accordance with the Budget Scorekeeping: Operating Lease Treatment paragraph of this RLP. Notwithstanding any other provision of the RLP, lease, or related solicitation documents, the Government shall not be subject to any early termination fee, penalty, liquidated damages, or other financial charge solely as a result of the Government’s exercise of an express right to terminate the lease early. Any such termination shall be governed solely by the applicable termination provisions of the lease and the terms expressly agreed to by the parties.
· Tenant Improvements (TI) Amortization: Tenant Improvement costs amortized into the lease consideration pursuant to Section 3.03 – SOLICITATION SUBMITTALS & EVALUATION, paragraph 2, Factor 1: Tenant Improvement (TI) amortization rate per ABOA/RSF (must be amortized and billed through rent). In the event the Government exercises its right to terminate the lease, the Government shall have no liability or obligation to pay any lump-sum unamortized TI balance, penalty, or reconciliation fee upon surrender of the premises.
· Proposal Conformance: Proposals containing conditions, reservations, or penalty structures that conflict with the Government’s unilateral termination rights or TI amortization terms are non-compliant with the terms of this solicitation. Offerors are required to conform their proposals to these requirements.
Revised Proposal Submission: Offerors must submit final revisions/proposals no later than September 10, 2026 at 11:59pm EST. All other terms and conditions remain unchanged.
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