FOR THE LESSOR:
______________________
______________________________
Name: ____________________________________________
Title: ____________________________________________
Entity: ____________________________________________
Date:
____________________________________________
FOR THE GOVERNMENT:
______________________
______________________________
Name: ____________________________________________
Title: Lease Contracting Officer
General Services Administration, Public Buildings Service Date:
____________________________________________
WITN
ESSED FOR THE LESSOR BY:
______________________
______________________________
Name: ____________________________________________
Title: ____________________________________________
Date: ____________________________________________
The information collection requirements contained in this Solicit ation/Contract, that are not required by regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No. 3090-0086.
LEASE NO. GS-09P-LCA03522, PAGE 1 GSA TEMPLATE 201D
REV (5/25)
LEASE NO. GS-09P-LCA03522
On-Airport Lease
GSA TEMPLATE L201D (MAY 2025)
A. This Lease is made and entered into between
City of Merced
(Lessor), whose principal place of business is 678 W 18 th St, Merced, CA 95340, 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 desi gnated representative of the Ge neral Services Administration (GSA), upon the terms and conditions set forth he
rein.
B. 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 26 Macready Dr, Merced, CA 95341
and more
fully described in Section 1 and Exhibit A, toget her with rights to the use of parking and other a reas as set forth herein, to be used for such purposes as dete
rmined by GSA.
C. LEASE TERM
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
10 Years, 5 Years Firm,
subject to termination and renewal rights as may be hereinafter set forth. The commencement date of this Lease, along with any applicable termination and renewal rights, shall be more specifically se
t forth in a Lease Amendment upon substantial completion and acceptance of the Space by the Government.
In Witness Wher
eof, the parties to this Lease evi dence their agreement to all terms and condition s set forth herein by their signatures below, to be effective as of the date of delivery of the fully executed Lease to th e Lessor.
DRAFT IN FORM
LEASE NO. GS-09P-LCA03522, PAGE 2 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
SECTION 1 THE PREMISES, RENT, AND OTHER TERMS .............................................................................................................................. 3
1.01 THE PREMISES (OCT 2024) ................................................................................................................................................................... 3
1.02 EXPRESS APPURTENANT RIGHTS (SEP 2013) ................................................................................................................................... 3
1.03 RENT AND OTHER CONSIDERATION (ON-AIRPORT) (OCT 2023) ..................................................................................................... 3
1.04 TERMINATION RIGHTS (ON-AIRPORT) (SEP 2013) ............................................................................................................................. 4
1.05 RENEWAL RIGHTS (OCT 2016) INTENTIONALLY DELETED ............................................................................................................... 4
1.06 DOCUMENTS INCORPORATED IN THE LEASE (ON-AIRPORT) (OCT 2023) ..................................................................................... 4
1.07 OPERATING COST BASE (OCT 2016) ................................................................................................................................................... 4
1.08 LESSOR’S UNIQUE ENTITY IDENTIFIER (OCT 2022) .......................................................................................................................... 4 SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS .............................................................................................................. 5
2.01 DEFINITIONS AND GENERAL TERMS (OCT 2023) ............................................................................................................................... 5
2.02 AUTHORIZED REPRESENTATIVES (OCT 2016) ................................................................................................................................... 6
2.03 WAIVER OF RESTORATION (OCT 2023) ............................................................................................................................................... 6
2.04 OPERATING COSTS ADJUSTMENT (JUN 2012) ................................................................................................................................... 6
2.05 RELOCATION RIGHTS (OCT 2021) ........................................................................................................................................................ 7
2.06 RECITALS FOR TRANSPORTATION SECURITY ADMINISTRATION (ON-AIRPORT) (JUN 2012) ..................................................... 7
2.07 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY (ON-AIRPORT) (MAY 2015) ......................................................... 7
2.08 ALTERATIONS PRIOR TO ACCEPTANCE (JUN 2012) .......................................................................................................................... 7
2.09 SYSTEM FOR AWARD MANAGEMENT (MAR 2020) ............................................................................................................................. 7
2.10 SECURITY UPGRADES DUE TO IMMEDIATE THREAT (APR 2011) .................................................................................................... 7
2.11 ENTITY NAME (OCT 2023) ...................................................................................................................................................................... 7 SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS .................................................................................................. 8
3.01 BUILDING SHELL REQUIREMENTS (ON-AIRPORT) (SEP 2013) ......................................................................................................... 8
3.02 MEANS OF EGRESS (MAY 2015) ........................................................................................................................................................... 8
3.03 AUTOMATIC FIRE SPRINKLER SYSTEM (OCT 2023) .......................................................................................................................... 8
3.04 FIRE ALARM SYSTEM (SEP 2013) ......................................................................................................................................................... 8
3.05 ENERGY INDEPENDENCE AND SECURITY ACT (MAY 2025) ............................................................................................................. 9
3.06 ACCESSIBILITY (OCT 2024) ................................................................................................................................................................. 10
3.07 MECHANICAL, ELECTRICAL, PLUMBING: GENERAL (APR 2011) ................................................................................................... 10
3.08 RESTROOMS (ON-AIRPORT) (JUN 2012) ........................................................................................................................................... 10
3.09 HEATING, VENTILATION, AND AIR CONDITIONING (ON-AIRPORT) (OCT 2022) ............................................................................ 10
3.10 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS (ON-AIRPORT) (SEP 2013) ..................................................................... 10
3.11 GOVERNMENT PROJECT MANAGEMENT SYSTEM (ON-AIRPORT) (OCT 2022) ............................................................................ 10 SECTION 4 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM ............................................................................ 11
4.01 SERVICES, UTILITIES, AND MAINTENANCE (ON-AIRPORT) (OCT 2020) ........................................................................................ 11
4.02 PROVISION OF SERVICES, ACCESS, AND NORMAL HOURS FOR AIRPORT OCCUPANCIES (SEP 2013) ................................. 11
4.04 RECYCLING (ON-AIRPORT) (OCT 2023) ............................................................................................................................................. 11
4.05 RANDOLPH-SHEPPARD COMPLIANCE (SEP 2013) ........................................................................................................................... 11
4.06 SAFEGUARDING AND DISSEMINATION OF CONTROLLED UNCLASSIFIED INFORMATION (CUI) BUILDING INFORMATION (OCT 2022) INTENTIONALLY DELETED .................................................................................................................................................................. 11
4.07 INDOOR AIR QUALITY (MAY 2025) ...................................................................................................................................................... 11
4.08 HAZARDOUS MATERIALS, MOLD AND WATER INTRUSION (ON-AIRPORT) (OCT 2024) .............................................................. 12
4.09 OCCUPANT EMERGENCY PLANS (OCT 2020) ................................................................................................................................... 13 SECTION 5 ADDITIONAL TERMS AND CONDITIONS ................................................................................................................................. 14
LEASE NO. GS-09P-LCA03522, PAGE 3 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
SECTION 1 THE PREMISES, RENT, AND OTHER TERMS
1.01 THE PREMISES (OCT 2024)
The Premises are described as follows:
A. Office and Related Space. 711 rentable square feet (RSF), yielding 711 ANSI/BOMA Occupant Area (ABOA) square feet (SF) of office and related Space located on the 1st floor of the Building, as depicted on the floor plan(s) attached hereto as Exhibit A.
B. Common Area Factor. The Common Area Factor (CAF) is established as 0 percent. This factor, which r epresents the conversion from ABOA to rentable square feet, rounded to the nearest whole percentage, shall be used for purposes of rental adjustments in accordanc e with the Payment Clause of the General Clauses.
C. INTENTIONALLY DELETED
1.02 EXPRESS APPURTENANT RIGHTS (SEP 2013)
The Government shall have the non-exclusive right to the use of Appurtenant Areas and shall have the right to post Rules and Re gulations Governing Conduct on Federal Property, Title 41, CFR, Part 102-74, Subpart C within such areas. The Government will coordinate with Lessor to ensure signage is consistent with Lessor’s standards. Appurtenant to the Premises and included in the Lease are rights to use the following:
A. Parking. 00 parking spaces are, reserved for the e xclusive use of the Government, of which 00 shall be structured/inside parking spaces and 00 shall be surface/outside parking spaces. In addition, the Lesso r shall provide such additional parking spaces as required by the applicable code of the local government entity having jurisdiction over the Property.
B. Antennas, Satellite Dishes and Related Trans mission Devices. (1) Space located on the roof of the Building sufficient in size for the installation and placement of telecommunications equipment, (2) the right to access the roof of the Building, and (3) use of all Building ar eas (e.g., chases, plenums, etc.) necessary for the use, operation, and maintenance of such telecommunications equipment at all times during the t erm of this Lease.
1.03 RENT AND OTHER CONSIDERATION (ON-AIRPORT) (OCT 2023)
A. The Government shall pay the Lessor annual rent payable monthly in arrears at the following rates:
- Year Shell Rental
Rate /RSF
Operating
Costs /RSF
Full Service
Rate /RSF
Shell Annual
Rent ($)
Operating
Annual Rent ($)
Annual Rent
($)
Firm
Term 1 $46.27 $23.50 $69.77 $32,893.97 $16,712.50 $49,606.47 Firm
Term 2 $47.66 $23.50 $71.16 $33,878.26 $16,712.50 $50,590.76 Firm
Term 3 $49.09 $23.50 $72.59 $34,893.99 $16,712.50 $51,606.49 Firm
Term 4 $50.56 $23.50 $74.06 $35,941.76 $16,712.50 $52,654.26 Firm
Term 5 $52.08 $23.50 $75.58 $37,022.88 $16,712.50 $53,735.38 Non-
Firm 6 $53.64 $23.50 $77.14 $38,137.94 $16,712.50 $54,850.44 Non-
Firm 7 $55.25 $23.50 $78.75 $39,288.75 $16,712.50 $56,001.25 Non-
Firm 8 $56.91 $23.50 $80.41 $40,475.01 $16,712.50 $57,187.51 Non-
Firm 9 $58.61 $23.50 $82.11 $41,697.71 $16,712.50 $58,410.21 Non-
Firm 10 $60.37 $23.50 $83.87 $42,958.07 $16,712.50 $59,670.57
B. Intentionally Deleted
C. Intentionally Deleted
LEASE NO. GS-09P-LCA03522, PAGE 4 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
D. Rent is subject to adjustment based upon a mutual measurement of the Space upon acceptance, not to exceed 711 ABOA SF. based upon the methodology outlined under the “Payment” clause of GSA 3517, General Clauses.
E. Intentionally Deleted
F. If the Government occupies the Premises for less than a full calendar month, then rent shall be prorated based on the actual number of days of occupancy for that month.
G. Rent shall be paid to Lessor by electroni c funds transfer (EFT) in accordance with the provisions of the General Clauses. Rent shall be payable using the EFT information contained in the System for Award Ma nagement (SAM). In the event the EFT information changes, the Le ssor shall be responsible for providing the updated information to SAM. Failure by the Lessor to maintain an active registration in SAM may result in delay of rental payments until such time as the SAM registration is activated. This registration service is free of charge.
H. The Lessor shall provide to the Government, in exchange for the payment of rental and other specified consideration, the following:
1. The leasehold interest in the Property descri bed herein in the paragraph entitled “The Premises;”
2. Intentionally Deleted
3. Performance or satisfaction of all other obligations set forth in this Lease; and,
4. All services, utilities, and maint enance required for the proper operation of t he 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.
1.04 TERMINATION RIGHTS (ON-AIRPORT) (SEP 2013)
A. The Government may terminate this Lease, in whole or in part, at any time during the term of this lease with 120 days’ prior written notice to the Lessor if (i) regularly scheduled commercial ai r services cease, (ii) the airport opt s to replace TSA screeners with private co ntractors, (iii) the checkpoint supported by the leas ed Space is closed, or (iv) the Government reduc es its presence at the airport due to a reducti on in enplanements. 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. No rental shall accrue after the effective date of termination.
1.05 RENEWAL RIGHTS (OCT 2016) INTENTIONALLY DELETED
1.06 DOCUMENTS INCORPORATED IN THE LEASE (ON-AIRPORT) (OCT 2023)
The following documents are attached to and made part of the Lease:
DOCUMENT NAME
NO. OF
PAGES
EXHIBIT
Floor Plan(s) 1 A
GSA 3517A, General Clauses (Simplified) 10 B
1.07 OPERATING COST BASE (OCT 2016)
The parties agree, for the purpose of applying the paragraph titled "O perating Costs Adjustment," that the Lessor's base rate f or operating costs shall be $23.50 per RSF.
1.08 LESSOR’S UNIQUE ENTITY IDENTIFIER (OCT 2022)
Lessor’s Unique Entity Identifier
UEI: L6YVDNJHHSQ7
LEASE NO. GS-09P-LCA03522, PAGE 5 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
SECTION 2 GENERAL TERMS, CONDITIONS, AND STANDARDS
2.01 DEFINITIONS AND GENERAL TERMS (OCT 2023)
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:
A. General Contract Terms.
1. "Contract” means lease.
2. "Contractor” means Lessor.
3. “Days” means calendar days, unless specified otherwise.
4. “Delivery Date” means the date specified in or determined pursu ant to the provisions of the lease for delivery of the premis es to the Government, improved in accordance with the provisions of the lease and substantially complete, as such date may be modified in accordance with the provisions of the lease.
5. “Excusable Delays” mean delays arising without the fault or negligence of Lessor and Lessor’s subcontractors and suppliers at any tier, and shall include, without limitation:
a. Acts of God or of the public enemy,
b. Acts of the United States of America in either its sovereign or contractual capacity,
c. Acts of another contractor in the performance of a contract with the Government,
d. Fires,
e. Floods,
f. Epidemics,
g. Quarantine restrictions,
h. Strikes,
i. Freight embargoes,
j. Unusually severe weather, or
k. Delays of subcontractors or suppliers at any tier arisi ng from unforeseeable causes beyond the control and without the fault or negligence of both the Lessor and any such subcontractor or supplier.
6. “Lease Award Date” means the date the LC O executes the lease and furnishes written notification of the executed lease to the successful offeror (usually the date on which the parties’ obligations under the lease begin).
7. "Lease Term Commencement Date” means t he date on which the lease term commences.
8. “Substantially Complete” or “Substantial Completion” means that the work, the common and other areas of the building, and al l other things necessary for the Government’s access to the premises and occupancy, possession, use and enjoyment thereof, as provided in this lease, have been completed or obtained, excepting only such mi nor matters as do not interfere with or materially diminish such access, occupancy, possession, use or enjoyment. The space shall be considered substantially complete only if the space may be used for its intended purpose.
9. “Work” means all alterations, improvem ents, modifications, and other things requir ed for the preparation or continued occupa ncy of the premises by the Government as specified in this lease.
B. Real Property Terms.
1. “ANSI/BOMA” is an acronym for Am erican National Standards Institute/Building Owners and Managers Association.
2. “ANSI/BOMA Occupant Area” or “ABOA” means the measurement standard (Z65.1-2017) provided by ANSI/BOMA for Occupant Area, which is “the total aggregated area used by an Occupant before Load Factors are applied, consisting of Tenant Area and Tenant Ancillary Area.” The Method A – Multiple Load Factor Method shall apply.
LEASE NO. GS-09P-LCA03522, PAGE 6 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
3. “Appurtenant Areas” means those areas and fa cilities on the property that are not loca ted within the premises, or 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 (e.g. parking areas).
4. “Broker” means GSA’s broker, if GSA awarded th is lease using a contract real estate broker.
5. “Building” means building(s) situated on the property in which the premises are located.
6. “Commission Credit” means the amount of commission that is cr edited to the lease, if GSA’s broker agreed to forgo a percentage of its commission, in connection with the award of this lease.
7. “Common Area Factor (CAF)” means a conversion factor deter mined and applied by the building owner to determine the rentable square feet for the leased space. The CAF is expressed as a percentage of the difference between the amount of rentable square feet (SF) and ABOA SF, divided by the ABOA SF. The CAF shall be determined in accordance with the applicable ANSI/BOMA standard for the type of space to which the CAF shall apply.
8. “Firm Term” means the part of the lease term that is not subject to termination rights.
9. “Non-Firm Term” means the part of the lease term following the end of the firm term, which is subject to termination rights.
10. “Premises” means the total occupant area or other type of s pace, together with all associated common areas described in the lease.
Appurtenant areas (e.g., parking areas) to which the Government has rights under this lease are not included in the premises.
11. “Property” means the land and buildings in which the premis es are located, including all appurtenant areas (e.g., parking areas) to which the Government is granted rights.
12. “Rentable Space or Rentable Square Feet (RSF)” means the area for which a tenant is charged rent. It is determined by the b uilding owner and may vary by city or by building within the same city. Rentable space may include a share of common areas such as elevator lobbies, building corridors, and floor serv ice areas. Floor service areas typically include restrooms, janitor rooms, telephone closets, electrical closets, and mechanical rooms. Rentable space does not include vertical building penetrations and their enclosing walls, such as stairs, elevator shafts, and vertical ducts. To determine the RSF, the ABOA SF is multiplied by the sum of one (1) plus the CAF, for each type of space included in the premises.
13. “Space” means that part of the premises to which the Governm ent has exclusive use, such as occupant area, or other types of space.
Appurtenant areas (e.g., parking areas) to which the Government has rights under the lease are not included in the space.
2.02 AUTHORIZED REPRESENTATIVES (OCT 2016)
Signatories to this Lease shall have full authority to bind their re spective 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 Lease Contracting Officer (LCO) by notice, without an express delegation by the prior LCO.
2.03 WAIVER OF RESTORATION (OCT 2023)
Lessor shall have no right to require the Government to restore the Premises upon expiration or earlier termination (full or pa rtial) of the Lease, and waives all claims against the Government for:
A. Waste, or,
B. Damages or restoration arising from or related to:
1. The Government's normal and customary use of the Premises dur ing the term of the Lease (incl uding any extensions thereof), a s well as
2. Any initial or subsequent alteration to t he Premises regardless of whether such alte rations are performed by the Lessor or b y the Government.
At its sole option, the Government may abandon property in the Space following expiration or earlier termination (full or parti al) of the Lease, in which case the property will become the property of the Lessor and the Government will be relieved of any liability in connection therewith.
2.04 OPERATING COSTS ADJUSTMENT (JUN 2012)
A. Beginning with the second year of the Lease and each year thereafter, the Government shall pay annual incremental adjusted rent for changes in costs for cleaning services, supplies, materials, maintenance, trash removal, l andscaping, water, sewer charges, heating, el ectricity, and certain administrative expenses attributable to occupancy.
B. The amount of adjustment will be determined by multiplying t he base rate by the annual percent of change in the Cost of Livi ng Index. The percent change will be computed by comparing the index figure published for the month prior to the Lease Term Commencement Date with the index figure published for the month prior which begins each successive 12-month period. For example, a Lease which commences in June of 2005 would use the index published for May of 2005, and that figure would be compared with the index published for May of 2006, May of 2007, LEASE NO. GS-09P-LCA03522, PAGE 7 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
and so on, to determine the percent change. The Cost of Living I ndex will be measured by the Depart ment of Labor revised Consu mer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), U. S. city average, all items, (1982 to 1984 = 100) published by the Bureau of Labor Statistics. Payment will be made with the monthly installm ent of fixed rent. Rental adjustments will be effective on th e anniversary date of the Lease; however, payment of the adjusted rental rate will become due on the first workday of the second month following the publication of the Cost of Living Index for the month prior to the commencement of each 12-month period.
C. In the event of any decreases in the Cost of Living Index occurring during the term of the occupancy under the Lease, the re ntal amount will be reduced accordingly. The amount of such reductions will be determined in the same manner as increases in rent provided under this paragraph.
D. If the Government exercises an option to extend the Lease term at the same rate as that of the original term, the option pri ce will be based on the adjustment during the original term. Annual adjustments will continue.
2.05 RELOCATION RIGHTS (OCT 2021)
If it becomes necessary in the orderly development of the Airport, Lessor may require the relocation of Premises to other space at the Airport which, in the reasonable judgment of Lessor, is similar and suitable for the purposes for which this Lease is entered as such purposes are set forth herein. Should such relocation be necessary, the Lessor shall provide the GSA a minimum of 120 days prior written notice. Lessor shall be responsible for all costs for such relocation, including all costs for moving furniture, o ffice equipment, telephone and data lines, and any other costs asso ciated with replicating necessary operational features provided in the space originally leased. The Airport shall provide such relocated Premises at the same rental rate as the original Premises, unless the new Premises are located in an area for which the Airport charges tenants a lower rate, in which event the parties shall negotiate a reduction in the rental rate. The Government will not reimburse the Lessor for any increased square footage as a result of such relocation.
2.06 RECITALS FOR TRANSPORTATION SECURITY ADMINISTRATION (ON-AIRPORT) (JUN 2012)
A. The Transportation Security Administ ration (TSA) is required, pursuant to 49 U.S.C. 40101—The Aviation and Transportation Se curity Act (ATSA), to oversee security measures at the Airport.
B. TSA is responsible for airline passenger and baggage screening services at the Airport.
C. The U.S. General Services Administration (GSA), on behalf of TS A, leases certain facilities on the Airport premises for admi nistrative offices and/or break rooms in support of airport passenger and baggage screening services by the TSA.
D. Space for TSA to screen passengers and baggage is expressly excluded from this Lease.
2.07 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY (ON-AIRPORT) (MAY 2015)
A. The Lessor shall provide floor plans for the Space and a valid Certificate of Occupancy (C of O), issued by the local jurisdiction, for the intended use of the Government. If the local jurisdiction does not issue C of O’s or if the C of O is not available, the Lessor may satisfy this condition by providing a report prepared by a licensed fire protection engineer that verifies that the Space complies with all applicable local fire protection and life safety codes and ordinances and all fire protection and life safety-related requirements of this Lease.
B. Neither the Government’s acceptance of the Premises for occu pancy or acceptance of related appurtenances, nor the Government’s occupancy of the Premises, shall be construed as a waiver of any requirement or right of the Government under this lease, or as otherwise prejudicing the Government with respect to any such requirement or right, or as an acceptance of any latent defect or condition.
2.08 ALTERATIONS PRIOR TO ACCEPTANCE (JUN 2012)
The Government’s rights stated under the General Clause “Alterations” also apply to initial build-out of the Premises.
2.09 SYSTEM FOR AWARD MANAGEMENT (MAR 2020)
The Offeror must have an active registration in the System for Award Management (SAM), via the Internet at, HTTPS://WWW.SAM.GOV/SAM/ prior to the Lease Award Date. Registration must be for purposes of “All Awards” and include completion of all required representations and certifications within SAM. Registration must be active throughout the life of the Lease. To remain active, the Offeror/Lessor is required to update or renew its registration annually. The Government will not process rent payments to Lesso rs without an active registrati on in SAM. No change of owners hip of the leased Premises will be recognized by the Government until the new owner registers in SAM.
2.10 SECURITY UPGRADES DUE TO IMMEDIATE THREAT (APR 2011)
The Government reserves the right, at its own expense and with its own personnel, to heighten security in the Building under Lease during heightened security conditions due to emergencies such as terrorist attacks, natural disaster, and civil unrest.
2.11 ENTITY NAME (OCT 2023)
Lessor may not use Federal agency name(s) and/or acronym(s), e.g., General Services Administration, GSA, in its entity name that owns and/or leases Space to GSA
LEASE NO. GS-09P-LCA03522, PAGE 8 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS
3.01 BUILDING SHELL REQUIREMENTS (ON-AIRPORT) (SEP 2013)
A. The Building Shell shall be designed, c onstructed, and maintained in accordance with the standards set forth herein and comp leted prior to acceptance of Space. For pricing, fulfillment of all requirem ents not specifically designated as operating costs or other rent components as indicated shall be deemed included in the Shell Rent.
B. Base structure and Building enclosure components shall be comp lete. All common areas accessible by the Government, such as lobbies, fire egress corridors and stairwells, elevators, garages, and service areas, shall be complete. Restrooms shall be complete and ope rational. All newly installed Building shell components, including but not lim ited to, heating, ventilation, and air conditioning (HVAC), ele ctrical, ceilings, sprinklers, etc., shall be furnished, installed, and coordinated wi th TIs. Circulation corridors are provided as part of the b ase Building only on multi-tenanted floors where the corridor is common to more than one tenant. On single tenant floors, only the fire egress corr idor(s) necessary to meet code is provided as part of the shell.
3.02 MEANS OF EGRESS (MAY 2015)
A. Prior to occupancy, the Premises and any parking garage areas shall meet or will be upgraded to meet, either the applicable egress requirements in the National Fire Protection Associati on, Life Safety Code (NFPA 101), or the International Code Council, International Buil ding Code (IBC), each current as of the Lease Award Date, or use an alternative approach or method that achieves an equivalent level of safety deemed acceptable by the Government.
B. The Space shall have unrestricted acce ss to a minimum of two remote exits on each floor of Government occupancy.
C. Interlocking or scissor stairs located on the floor(s) w here Space is located shall only count as one exit stair.
D. A fire escape located on the floor(s) where Space is located shall not be counted as an approved exit stair.
E. Doors shall not be locked in the direction of egress unless equipped with special locking hardw are in accordance with requir ements of NFPA 101 or the IBC.
3.03 AUTOMATIC FIRE SPR INKLER SYSTEM (OCT 2023)
A. Any portion of the Space located below-grade, including parking garage areas, and all areas in a Building referred to as "ha zardous areas" (defined in National Fire Protection Asso ciation (NFPA) 101) that are located with in the entire Building (including non-Governm ent areas) shall be protected by an automatic fire sprinkler system or an equivalent level of safety.
B. For Buildings in which any portion of the Space on or above the sixth floor, then, at a minimum, the Building up to and including the highest floor of Government occupancy shall be protected by an automatic fire sprinkler system or an equivalent level of safety.
C. For Buildings in which the Government occupies, either through this Lease or in combination with other Government Leases in the Building any portion of the Space is on or above the sixth floor, and lease of the Space will result, either individually or in combination with other Government Leases in the Building, in the Government leasing 35,000 or more ANSI/BOMA Occupant Area SF of Space in the Building, then the entire Building shall be protected throughout by an automatic fire sprinkler system or an equivalent level of safety.
D. Automatic fire sprinkler system(s) shall be installed in a ccordance with the requirements of NFPA 13, Standard for the Insta llation of Sprinkler Systems that was in effect on the actual date of installation.
E. Automatic fire sprinkler system(s) shall be maintained in a ccordance with the requirements of NFPA 25, Standard for the Insp ection, Testing, and Maintenance of Water-based Fire Protection Systems (current as of the Lease Award Date).
F. "Equivalent level of safety" means an al ternative design or system (which may in clude automatic fire sprinkler systems), bas ed upon fire
protection engineering analysis, which achieves a level of safety equal to or greater than that provided by automatic fire sprinkler systems.
3.04 FIRE ALARM SYSTEM (SEP 2013)
A. A Building-wide fire alarm system shall be installed in the entire Building in which any portion of the Space is located on the 3 rd floor or higher.
B. The fire alarm system shall be installed in accordance with the requirements of NFPA 72, Na tional Fire Alarm and Signaling C ode that was in effect on the actual date of installation.
C. The fire alarm system shall be maintained in accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code (current as of the Lease Award Date).
D. The fire alarm system shall transmit all fire alarm signals to the local fire department via any of the following means: dir ectly to the local fire department, to the (911) public communications center, to a central station, to a remote supervising station, or to a proprietary supervising station.
LEASE NO. GS-09P-LCA03522, PAGE 9 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
E. If the Building’s fire alarm control unit is over 25 years ol d as of the Lease Award Date, Lessor shall install a new fire alarm system in accordance with the requirements of NFPA 72, National Fire Alarm and Signaling Code (current as of the Lease Award Date), prior to Government acceptance and occupancy of the Space.
3.05 ENERGY INDEPENDENCE AND SECURITY ACT (MAY 2025)
A. Energy-related Requirements.
1. The Energy Independence and Security Act (EISA) establishes the following requirements for Government Leases in Buildings that have not earned the ENERGY STAR® Label conferred by the Environmental Protection Agency (EPA) within one year prior to the due date for final proposal revisions (“most recent year”).
2. If this Lease was awarded under any of EISA's Secti on 435 statutory exceptions, the Lessor shall either:
a. Earn the ENERGY STAR® Label prior to acceptance of the Space (or not later than one year after the Lease Award Date of a succeeding or superseding Lease); or
b. I. Complete energy efficiency and conservation improvements if any, agreed to by Lessor in lieu of earning the ENERGY STAR® Label prior to acceptance of the Space (or not later than one year after the Lease Award Date of a succeeding or superseding Lease); and
II. Obtain and publicly disclose the Building’s current ENERGY STAR® score (using EPA’s Portfolio Manager tool), unless the Lessor cannot access whole building utility consumption data, or there is no building category within Portfolio Manager to benchmark against, including spaces—
(i) That are located in States with privacy laws that prov ide that utilities shall not provide such aggregated information to multitenant building owners; and
(ii) For which tenants do not provide ener gy consumption information to the commercial building owner in response to a request from the building owner. (A Federal agency that is a tenant of the space shall provide to the building owner, or authorize the owner to obtain from the utility, the energy consumption information of the space for the benchmarking and disclosure required by this subparagraph D).
(iii) That cannot be benchmarked (scor ed) using EPA’s Portfolio Manager tool because of excessive vacancy; in which case Lessor agrees to obtain the score and publicly disclose it within 120 days of the eligibility to obtain a score using the EPA Portfolio Manager tool.
Note: “public disclosure” means posting the Energy Star® score on state or local websites in those areas that have applicable disclosure mandates and reporting the score to the Government vi a Portfolio Manager. In the absence of an applicable state or local disclosure mandate, Lessor shall either generate and displa y the Energy Star® score in a public space at the building location or post the score on Lessor’s or Lessor’s Parent/Affiliate website.
3. If this Lease was awarded to a Building to be built or to a Building predominantly vacant as of the due date for final propo sal revisions and was unable to earn the ENERGY STAR® label for the most rec ent year (as defined above) due to insufficient occupancy, but wa s able to demonstrate sufficient evidence of capability to earn the ENERGY STAR® label , then Lessor must earn the ENERGY STAR® label within 18 months after occupancy by the Government.
B. Hydrology-related Requirements. Per EISA Section 438, the spons or of any development or redev elopment project involving a Fe deral facility with a footprint that exceeds 5,000 square feet shall use site planning, design, construction, and maintenance strategies for t he property to maintain or restore, to the maximum extent technically feasib le, the predevelopment hydrology of the Property with regard to th e temperature, rate, volume, and duration of flow. If the Lessor proposes to satisfy the Government’s spac e requirements through a development or redevelopment project, and the Government will be the sole or predominant tenant such that any other use of the Property will be functionally or quantitatively incidental to the Government’s use, the Lessor is required to implement hydrology maintenance and restoration re quirements as required by EISA Section 438.
1. For the purposes of applying EISA Section 438 in this Lease, “sponsor” shall mean “Lessor”, and “exceeds 5,000 square feet” shall mean construction that disturbs 5,000 square feet or more of land area at the Proper ty or on adjoining property to accommodate the Government’s requirements, or at the Property for whatever reason.
2. Lessor is required to implement these hy drology maintenance and restoration requirements to the maximum extent technically feasible, prior to acceptance of the Space, (or not later than one year after the Lease Award Date or Lease Term Commencement Date, whichever is later, of a succeeding or superseding Lease). Additionally, this Lease requires EISA Section 438 storm water compliance not later than one year from the date of any applicable disturbance (as defined in EISA Section 438) of more than 5,000 square feet of ground area if such disturbance occurs during the term of the Lease if the Gove rnment is the sole or predominant tenant. In the event the Less or is required to comply with EISA Section 438, Lessor shall furnish t he Government, prior to the filing for permits for the associat ed work, with a certification from Lessor’s engineer that the design meets the hydrology maintenance and restoration requirements of EISA Section 438.
LEASE NO. GS-09P-LCA03522, PAGE 10 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
3.06 ACCESSIBILITY (OCT 2024)
The Building, leased Space, and areas servi ng the leased Space shall be accessible to persons with disabilities in accordance w ith the Architectural Barriers Act Accessibility Standard (ABAAS), Appendices C and D to 36 CFR Part 1191 (ABA Chapters 1 and 2, and Chapters 3 throu gh 10) and 36 CFR 1190 to the extent applicable. To the extent the standards referenced in the preceding sentence conflicts with local accessibility requirements, the more stringent shall apply.
3.07 MECHANICAL, ELECTRICAL, PLUMBING: GENERAL (APR 2011)
The Lessor shall provide and operate all Building equipment and systems in accordance with applicable technical publications, m anuals, and standard procedures. Mains, lines, and meters for utilities shall be provided by the Lessor. Exposed ducts, piping, and conduits are not permitted in office Space.
3.08 RESTROOMS (ON-AIRPORT) (JUN 2012)
Government employees shall have access to all public restroom fa cilities for men and women in the Airport terminal at all times without additional payment.
3.09 HEATING, VENTILATION, AND AIR CONDITIONING (ON-AIRPORT) (OCT 2022)
A. Temperatures shall conform to local commercial equivalent te mperature levels and operating practices to maximize tenant sati sfaction.
Thermostats shall be set to maintain temperatures of 72 degrees F (+/- 3 degrees) during the heating season and 75 degrees F (+/- 3 degrees) during the cooling season. These temperatures shall be mainta ined throughout the leased Premis es and service areas, regardless of outside temperatures, during the hours of operation specified in this Lease. The Lessor shall perform any necessary systems start-up required to meet the commercially equivalent temperature levels prior to the first hour of each day’s operation. At all times, the dew point sh all be maintained below 55 degrees F in occupied spaces, and below 60 degrees F in unoccupied spaces.
B. The Lessor shall conduct HVAC system balancing after all HVAC system alterations during the term of the Lease and shall make a reasonable attempt to schedule major construction outside of office hours.
C. Normal HVAC systems maintenance shall not disrupt tenant operations.
3.10 TELECOMMUNICATIONS: LOCAL EXCHA NGE ACCESS (ON-AIRPORT) (SEP 2013)
A. The Government may elect to contract its own telecommunicati ons (voice, data, video, Internet, or other emerging technologie s) service in the Space. The Government may contract with one or more parties to have inside wiring (or other transmission medium) and telecommu nications equipment installed.
B. The Lessor shall allow the Government’s designated telecommuni cations providers access to ut ilize existing Building wiring t o connect its services to the Government’s Space. If the existing Building wiring is insufficient to handle the transmission requirements of the Government’s designated telecommunications providers, the Lessor shall provide access from the point of entry into the Building to the Gover nment’s floor Space, subject to any inherent limitations in the pathway involved.
C. The Lessor shall allow the Government’s designated telecommuni cations providers to affix te lecommunications antennas (high f requency, mobile, microwave, satellite, or other emerging technologies), subject to weight and wind load conditions, to roof, parapet, or Building envelope as required.
3.11 GOVERNMENT PROJECT MANAGEMENT SYSTEM (ON-AIRPORT) (OCT 2022)
The Government may require the Lessor to use the Government’s project management system for post-award and post-occupancy activities. Licensing costs and access to the system are the responsibility of the Government.
LEASE NO. GS-09P-LCA03522, PAGE 11 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
SECTION 4 UTILITIES, SERVICES, AND OBLIGATIONS DURING THE LEASE TERM
4.01 SERVICES, UTILITIES, AND MA INT
ENANCE (ON-AIRPORT) (OCT 2020)
The Lessor is responsible for providing all utilities necessa ry for base building and tenant operations and all associated cost s are included as a part of the established rental rates. The Lessor shall follow routine cleaning and disinfecting requirements in Section 5.01. The following services, utilities, and maintenance shall be provided by the Lessor as part of the rental consideration (check all that apply):
HEAT TRASH REMOVAL INITIAL &
REPLACEMENT
OTHER
ELECTRICITY CHILLED DRINKING
WATER
LAMPS, TUBES &
BALLASTS
(Specify below)
POWER (Special
Equip.)
AIR CONDITIONING PAINTING
FREQUENCY
__________
WATER (Hot & Cold) RESTROOM
SUPPLIES
Space __________
SNOW REMOVAL JANITORIAL SERV. &
SUPP.
ELEVATOR SERVICE
WINDO W WASHING
Frequency
__________
CARPET CLEANING
Frequency
_Annual_________
Public Areas
__________
The Lessor shall have an onsite building superintendent or a loca lly designated representative ava ilable to promptly respond to def iciencies, and immediately address all emergency situations.
4.02 PROVISIO N OF SERVICES, AC
CESS, AND NORMAL HOURS FOR AIRPORT OCCUPANCIES (SEP 2013) The Government shall have access to the Premises and its Appurt enant Areas at all times without additional payment, including t he us e, during other than normal hours, of necessary services and utilities such as elevators, restrooms, lights, and electric power. Cleaning shall be performed after tenant working hours unless daytime cleaning
is specified as a special requirement elsewhere in this Lease. Janitorial Services are required on weekends and/or
Federal holidays. Services, maintenance, and utilities shall be provided from 05:00 AM to 05:00 AM,
4.03 MAINTENANCE AND TESTIN G
OF SYSTEMS (SEP 2013)
A. The Lessor is responsible for the total maintenance and repai r of the leased Premises. Such maintenance and repairs include the site and private access roads. All equipment and systems shall be maintai ned to provide reliable, energy efficient service without unusual interruption, disturbing noises, exposure to fire or sa fety hazards, uncomfortable drafts, excessive air velocities, or unusual emissions of dirt. The Lessor's maintenance responsibility includes initial supply and replacement of all supplies, materials, and equipment necessary for such maintenance.
Maintenance, testing, and inspection of appropriate equipment a nd systems shall be done in accordance with current applicable c odes, and inspection certificates shall be displayed as appropriate. Copies of all records in this regard shall be forwarded to the Government’s designated representative.
B. At the Lessor’s expense, the Government reserves the right to require documentation of proper operations, inspection, testing, and maintenance of fire protection systems, such as, but not limited to, fire alarm, fire sprinkler, standpipes, fire pump, emergency lighting, illuminated exit signs, emergency generator, prior to occupancy to ensure proper operation. These tests shall be witnessed by the Government’s designa ted representative.
4.04 RECYCLING (ON-AIRPORT) (OCT 2023)
Where state or local law, code, or ordinance requires recycling programs (including mercury-containing lamps) for the Space to be provided pursuant to this Lease, the Lessor shall comply with such state and local law, code, or ordinance in accordance with GSA 3517, General Clauses, 552.270-8, Compliance with Applicable Law . During the lease term, the Lessor agrees, upon request, to provide the Government with additional information concerning recycling programs maintained in the Building and in the Leased Space.
4.05 RANDOLPH-SHEPPARD COMPLIANCE (SEP 2013)
During the term of the Lease, the Lessor may not establish vending facilities within the leased Space that will compete with an y Randolph-Sheppard vending facilities.
4.06 SAFEGUARDING AND DISSEMINATION OF CONTROLLED UNCLASSI FIED INFORMATION (CUI) BUILDING INFORMATION (OCT 2022)
INTENTIONALLY DELETED
4.07 INDOOR AIR QUALITY (MAY 2025)
A. The Lessor shall control airborne contaminants at the source and/or operate the Space in such a manner that indoor air quali ty action limits identified in the PBS Desk Guide for Indoor Air Quality Management (Companion to GSA Order PBS 1000.8A), OSHA regulatory limits (29 CFR 1910), and generally accepted consensus standards are not exceeded.
B. The Lessor shall avoid the use of produc ts containing toxic, hazardous, carcinogenic, flammable, or corrosive ingredients as determined from the product label or manufacturer’s safety data sheet. The Lessor shall use available odor-free or low odor products when applying paints, glues, 5 Years
5 Years
LEASE NO. GS-09P-LCA03522, PAGE 12 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
lubricants, and similar wet products. When such equivalent products are not available, lessor shall use the alternate products outside normal working hours. Except in an emergency, the Lessor shall provide at least 72 hours advance notice to the Government before applying chemicals or products with noticeable odors in occupied Spaces and shall adequately ventilate those Spaces during and after application.
C. The Lessor shall serve as first responder to any occupant complaints about indoor air quality (IAQ). The Lessor shall promptly investigate such complaints and implement the necessary controls to address each complaint. Investigations shall include testing as needed by a board-certified industrial hygienist, to ascertain the sour ce and severity of the complaint. The hygienist shall inspect and evaluate the Spac e and air zones serving the Space; inspection shall take place as soon as possible but no later than 15 calendar days following the identificat ion of a potential IAQ issue. Notwithstanding the above, when a board-certified industrial hygienist is not available to perform this inspection, the Lessor may, upon written request and the Government’s approval, employ an environmental professi onal with documented experience performing IAQ assessments. The Lessor shall provide written results of any testing along with recommendations to GSA.
D. The Government reserves the right to conduct independent IAQ assessments and detailed studies in Space that it occupies, as well as in space serving the Space (e.g., common use areas, mec hanical rooms, HVAC systems, etc.). The Lessor shall assist the Government in it s assessments and detailed studies by:
1. Making available information on Build ing operations and Lessor activities;
2. Providing access to Space for asse ssment and testing, if required; and
3. Implementing corrective measures required by the LCO. The Lessor shall take corrective action to correct any tests or measur ements that do not meet GSA policy action limits in the PBS Desk Gui de for Indoor Air Quality Management (Companion to GSA Order PBS 1000.8), OSHA regulatory limits and generally accepted consensus standards.
E. The Lessor shall provide to the Government safety data s heets (SDS) upon request for the following products prior to their u se during the term of the Lease: adhesives, caulki ng, sealants, insulating materials, fireproofing or firestopping materials, paints, carpets, fl oor and wall patching or leveling materials, lubricants, clear finish for wood su rfaces, janitorial cleaning pr oducts, pesticides, rodenticides, and herbicides. The Government reserves the right to review such products used by the Lessor within t he Space, common building areas, ventilation s ystems and zones serving the Space, and the area above suspended ceilings and engineering space in the same ventilation zone as the Space.
F. The Lessor shall use high efficiency (HEPA) filtration vacuums for cleaning.
G. Air handling units shall have the highest-le vel MERV filtration that is compatible with the HVAC system and does not significantly diminish airflow.
Upon request, the Lessor shall provide to the Government a list of the highest-level of MERV filtration that each air handling unit is designed to handle.
4.08 HAZARDOUS MATERIALS, MOLD AND WATER INTRUSION (ON-AIRPORT) (OCT 2024)
The leased Space shall be free of hazardous materials, substances, and wastes, as def ined by and according to applicable Federa l, state, and local environmental regulations. The Space must be maintained to prevent water intrusion and accumulation, ensuring that no conditio ns exist that could promote mold growth. These include, but not limited to, the following:
A. The leased Space shall be free of a ll asbestos containing materials, except undamaged asbestos flooring in the Space or undamaged boiler or pipe insulation outside the Space, in which case an asbestos management program conforming to EPA guidance shall be implemented.
B. Actionable Condition. An actionable condition is defined as either:
1. Visible mold or airborne mold of ty pes and concentrations in excess of that found in the local outdoor air or non-problematic control areas elsewhere in the same building, whichever is lower, or
2. Water-Damaged Building materials which could potentially cr eate conditions for mold or microbial amplification.
C. The Lessor shall provide Space to the Government that is fr ee from ongoing water leaks or moisture infiltration. The Space and ventilation zones serving the Space shall also be free of actionable conditions, as defined by subparagraph B.
1. The Lessor shall safely remediate all actionable condi tions in accordance with sub-paragraph C.2 below.
2. The Lessor shall safely remediate all actionable conditions identified by the consultant using a qualified remediation contractor following methods identified in EPA’s Mold Remediation in Schools and Commercial Buildings (EPA 402-K-01-001, September 2008 or the current version of ANSI/IICRC S520-2015: Standard for Professional Mold Re mediation), and all applicable state laws pertaining to mold remediation practices. The Lessor shall pr ovide GSA with a detailed work plan from t he remediation contractor on how they plan to address the actionable conditions and include qualifications of the remediation contractor. The Lessor shall employ a qualified industrial hygienist, independent of the remedi ation contractor to verify that remediati on has been completed per the industry standards l isted above and that the space is safe for re-occupancy.
3. The Lessor acknowledges and agrees that the Government sha ll have a reasonable opportunity to inspect the leased Space after conclusion of the remediation. If the results of the Government 's inspection indicate that the remediation does not comply with the plan or any other applicable Federal, state, or local laws, regulatory standards, or guidelines, the Lessor, at its sole cost, expen se, and risk, shall immediately take all further actions necessary to bring the remediation into compliance.
LEASE NO. GS-09P-LCA03522, PAGE 13 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
4. If the Lessor fails to exercise due diligence, or is other wise unable to remediate the actionable conditions, the Government may implement a corrective action program and deduct its costs from the rent.
4.09 OCCUPANT EMERGENCY PLANS (OCT 2020)
The Lessor is required to cooperate, participate, and comply with the development and implementation of the Government’s Occupant Emergency Plan (OEP) and a supplemental Shelter-in Place (S IP) Plan. Periodically, the Government may request that the Lessor assist in review ing and revising its OEP and SIP. The Plan, among other things, will include evacuation procedures and an annual emergency evacuation drill, emergency shutdown of air intake procedures, and emergency notification procedures for the Lessor’s Building engineer or manager, Building security, local emergency personnel, and Government agency personnel.
LEASE NO. GS-09P-LCA03522, PAGE 14 LESSOR: ________ GOVERNMENT: ________ GSA TEMPLATE 201D REV (5/25)
SECTION 5 ADDITIONAL TERMS AND CONDITIONS
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TSA AREA
Exhibit A - Floorplan
Lessor: _____ Government: _____
LESSOR:______ GOVERNMENT:______ GSA Template 3517A –
REV (3/26)
GEN
ERAL CLAUSES
(Acquisition of Leasehold Interests in Real Property for Leases at or Below the Simplified Lease Acquisition Threshold - SLAT)
CLA
USE NO. 48 CFR REF. CLAUSE TITLE
1 GSAR 552.270-4 DEFINITIONS (DEVIATION)
2 GSAR 552.270-6 MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT (DEVIATION)
3 GSAR 552.270-7 FIRE AND C ASUALTY DAMAGE (DEVIATION)
4 GSAR 552.270-9
INSPECTION – RIGHT OF ENTRY
5 GSAR 552.270-10 DEFAULT BY LESSOR (DEVIATION)
6 GSAR 552.270-20 PAYMENT (DEVIATION)
7 GSAR
552.270-27 INTEGRATED AGREEMENT (DEVIATION)
8 GSAR 552.270-14 CHANGES (DEVIATION)
9 GSAR 552.270-8 COMPLIANCE WI TH APPLICABLE LAW (DEVIATION) 10 FAR 52.240-93 BASIC SAFEGUARDING OF COVERED CONTRACTOR
INFORMATION SYSTEMS
11 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE
12 Clauses incorporated by reference include:
FAR 52.204-92 SECURITY REQUIREMENTS
FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR
PERSONNEL
FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST TIER
SUBCONTRACT AWARDS
FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE
FAR 52.204-19
INCORPORATION BY REFERENCE OF REPRESENTATIONS
AND CERTIFICATIONS
FAR 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED,
SUSPENDED, OR PROPOSED FOR DEBARMENT
FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR
PRICING DATA
FAR 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR
HUBZONE SMALL BUSINESS CONCERNS
Exhibit B - 3517A General Clauses
LESSOR:______ GOVERNMENT:______ GSA Template 3517A –
REV (3/26)
FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN
FAR 52.219-16 LIQUIDATED DAMAGES – SUBCONTRACTING PLAN
FAR 52.219-28 POST-AWARD SMALL BUSINESS REREPRESENTATION FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS
FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES FAR 52.222-37 EMPLOYME NT REPORTS ON VETERANS
FAR 52.226-7 DRUG-FREE WORKPLACE
FAR 52.232-23 ASSIGNMENT OF CLAIMS
FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER SYSTEM –
SYSTEM FOR AWARD MANAGEMENT
FAR 52.233-1 DISPUTES
GSAR 552.204-9 PERSONAL IDENTI TY VERIFICATION REQUIREMENTS GSAR 552.270-12 ALTERATIONS
GSAR 552.270-16 ADJUSTME NT FOR VACANT PREMISES
GSAR 552.270-28 MUTUALITY OF OBLIGATION
GSAR 552.270-31 PROMPT PAYMENT
1. GSAR 552.270-4 DEFINITIONS (AUG 2023) (DEVIATION)
When a solicitation or contract uses a word or term that is defined in the Federal Acquisition Regulation (FAR) or General Services Acquisition Manual (GSAM), the word or term has the same meaning as the definition in FAR 2.101, GSAM 502.101, or GSAM 570.102 in effect at the time the solicitation was issued or lease contract was awarded, unless -
Exhibit B - 3517A General Clauses
LESSOR:______ GOVERNMENT:______ GSA Template 3517A –
REV (3/26)
(a) The solicitation, amended solicitation, or l ease contract provides a different definition (e.g., R100, L100);
(b) An applicable part, subpart, or section of the FAR or GSAM provides a different meaning.
2. GSAR 552.270-6 MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT (SEP 2022) (DEVIATION)
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 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 pr emises, 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.
(a) For the purpose of so maintaining the premis es, the Lessor may at reasonable times enter the premises with the approval of the authorized Government representative in charge. (b) Upon request of the Lease Contracting Offi cer (LCO), the Lessor shall provide written documentation that building systems have been properly maintained, tested, and are operational within manufacturer's warranted operating standards. (c) 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.
(d) 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 t he property to which access is necessary for the purpose of determining the Lessor’s compliance with this clause.
3. GSAR 552.270-7 FIRE AND CASUAL TY DAMAGE (SEP 2022) (DEVIATION)
(a) If the building in which the premises are located is totally destroyed or damaged by fire or other casualty, this lease shall immediately terminate.
(b) If the building in which the premises are located are only partially destroyed or damaged, so as to render the premises untenantable, or not usable for their intended purpose:
(1) The Lessor shall have the option to elect to repair and restore the premises or terminate the lease.
(2) Unless otherwise approved by the Leas e Contracting Officer, 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 restor e 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.
(i) 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.
(ii) If the Lessor elects to repair or rest ore 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. (3) 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.
Exhibit B - 3517A General Clauses
LESSOR:______ GOVERNMENT:______ GSA Template 3517A –
REV (3/26)
(4) 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.
4. GSAR 552.270-9 INSPECTION – RIGHT OF ENTRY (SEP 1999)
a) At any time and from time to time after re ceipt of an offer (until the same has been duly withdrawn or rejected), after acceptance thereof and during the term, the agents, employees and contractors of the Government may, upon re asonable prior notice to Offeror or Lessor, enter upon the offered premises or the premises, and all other areas of the building access to which is necessary to accomplish the purposes of entry, to determine the potential or actual compliance by the Offeror or Lessor with the requirements of the solicitation or this lease, which purposes shall include, but not be limited to:
(1) Inspecting, sampling and analyzing suspected asbestos-containing materials and air monitoring for asbestos fibers;
(2) Inspecting the heating, ventilation and air conditioning system, maintenance records, and mechanical rooms for the offered premises or the premises; (3) Inspecting for any leaks, spills, or other potentially ha zardous conditions which may involve tenant exposure to hazardous or toxic substances; and (4) Inspecting for any current or past haza rdous waste operations, to ensure that appropriate mitigative actions were taken to alleviate any environmentally unsound activities in accordance with Federal, State and local law. b) Nothing in this clause shall be construed to create a Government duty to inspect for toxic materials or to impose a higher standard of care on the Government than on other lessees.
The purpose of this clause is to promote the ease with which the Government may inspect the building. Nothing in this clause shall act to relie ve the Lessor of any duty to inspect or liability which might arise as a result of Lessor’s failure to inspect for or correct a hazardous condition.
5. GSAR 552.270-10 DEFAULT BY L ESSOR (JUL 2023) (DEVIATION)
Occurrence of the following constitutes default by the Lessor and gives rise to the following rights and remedies of the Government:
(a) Prior to acceptance of the space. Failure by the Lessor to perform diligently any obligations required for acceptance of the space or other required improvements within the times specified, other than due to an excusable delay, 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, in its sole discretion, terminate the lease on account of the Lessor's default. (b) After acceptance of the space. Failure by the Lessor to perform any service, to provide any item, or satisfy any requirement of this lease, other than due to an excusable delay, constitutes 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, in its sole discretion, take one or more of the following actions:
(1) 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, including administrative costs, incurred in connection with taking the action;
Exhibit B - 3517A General Clauses
LESSOR:______ GOVERNMENT:______ GSA Template 3517A –
REV (3/26)
(2) 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.
If default renders the leased premises untenable, the reduction of rent may be calculated as the prorated portion of the monthly rent represented by all such days the leased premises is untenantable;
(3) Terminate the lease if:
(i) The Lessor's default persists notwithst anding 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 substantially impair the safe and healthful occupancy of the premises, or render the premises unusable for its intended purposes.
(c) Damages. The Lessor and the Lessor sureties, if any, are jointly and severally liable for any damages to the Government resulting from default or termination, as provided in this clause. (1) Damages include all costs associated with the replacement lease(s), which include but are not limited to the following: the Government’s aggregate rent, estimated real estate taxes, operating costs, administrative costs, or other reprocurement costs. (2) If the Government procures replacement premises for a term (including all option terms) in excess of this lease term, the Lessor is not liable for excess Government rent or adjustments during such excess lease term.
(3) Damages to which the Government is entitled to under this clause are due and payable thirty (30) days following the date the Lessor receives notice from the Contracting Officer specifying such damages.
(d) Excusable delays.
(1) The Government shall not terminate this lease under this clause nor charge the Lessor with damages under this clause, if:
(i) the delay in substantially completing any work or performing any services arises from excusable delays, and
(ii) the Lessor, within ten (10) days fr om the beginning of any such delay (unless extended in writing by the Contracting Officer) provides notice to the Contracting Officer of the causes of delay.
(2) The Contracting Officer shall ascertain t he facts and the extent of delay. If the facts warrant, the Contracting Officer shall extend the delivery date commensurate with the delay at no additional costs to the Government. A time extension is the sole remedy of the Lessor.
(e) No deduction from rent, termination of lease, or any other action pursuant to this clause will constitute a default by the Government under this lease. (f) The rights and remedies specified in this cl ause are in addition to any and all remedies to which the Government may be entitled as a matter of law.
6. GSAR 552.270-20 PAYMENT (AUG 2023) (DEVIATION)
Exhibit B - 3517A General Clauses
LESSOR:______ GOVERNMENT:______ GSA Template 3517A –
REV (3/26)
(a) When space is offered and accepted, ANSI/BOMA Occupant Area (ABOA) square footage delivered will be confirmed by either:
(1) The Government’s measurement of plans submitted by the successful offeror as approved by the Government, and an inspection of the space to verify that the delivered space conforms with such plans; or
(2) A mutual on-site measurement of the space if the Contracting Officer determines it necessary.
(b) The Government will not pay for space in excess of the amount of ABOA square footage stated in the lease.
(c) If the amount of ABOA square footage delivered is less than the amount agreed to in the lease, the lease will be modified to reflect the amount of ABOA space delivered and the annual rental will be adjusted as follows:
ABOA square feet not delivered multiplied by one plus the common area factor (CAF), multiplied by the rate per rentable square foot (RSF). That is:
(d) Common Area Factor (CAF). The CAF is expressed as a percentage of the difference between the amount of rentable square feet (SF) and ABOA SF, divided by the ABOA SF. For example 11,500 RSF and 10,000 ABOA SF will have a CAF of 15% (11,500 RSF-10,000 ABOA SF)/10,000 ABOA SF. (e) Rentable Square Footage (RSF). The RSF is calculated using the following formula for each type of space (e.g., office, warehouse, etc.) included in the premises: ABOA SF of Space x (1 + CAF) = RSF.
7. GSAR 552.270-27 INTEGRATED AG REEMENT (SEP 2022) (DEVIATION)
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. GSAR 552.270-14 CHANGES (SEP 2022) (DEVIATION)
(a) The Lease Contracting Officer (LCO) may at any time, by written order, direct changes to the tenant improvements within the space, building security requirements, or the services required under the lease.
(b) If any such change causes an increase or decrease in Lessor’s cost or time required for performance of its obligations under this lease, whether or not changed by the order, the Lessor shall be entitled to an amendment to the lease providing for one or more of the following:
(1) An adjustment of the delivery date.
(2) An equitable adjustment in the rental rate.
Exhibit B - 3517A General Clauses
LESSOR:______ GOVERNMENT:______ GSA Template 3517A –
REV (3/26)
(3) A lump sum equitable adjustment. or
(4) An adjustment of the operating cost base, if applicable. (c) The Lessor must assert its ri ght to an amendment under this clause within 30 days from the date of receipt of the change order and must submit a proposal for adjustment. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, the pendency of an adjustment or existence of a dispute shall not excuse the Lessor from proceeding with the change as directed.
(d) Absent a written change order from the LCO, or from a Government official to whom the LCO has explicitly and in writing delegated the authority to direct changes, the Government is not liable to Lessor under this clause.
9. GSAR 552.270-8 COMPLIANCE WITH APPLICABLE LAW (SEP 2022) (DEVIATION)
Lessor shall comply with all Federal, state, tribal, 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, tribal, 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.
10. FAR 52.240-93 BASIC SAFEGUA RDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2025 – GSA Class Deviation RFO-2025-40) (a) Definitions. As used in this clause—
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information—
(1) Means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government; but (2) Does not include information provided by the Government to the public (such as on public websites) or simple transactional information (such as information necessary to process payments).
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems. (b) Safeguarding requirements.
(1) Basic requirements. The Contractor shall safeguard its covered contractor information systems by implementing, at minimum, the following security controls:
Exhibit B - 3517A General Clauses
LESSOR:______ GOVERNMENT:______ GSA Template 3517A –
REV (3/26)
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems). (ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems. (iv) Control information posted or process ed on publicly accessible information systems. (v) Identify information system users, processes acting on behalf of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available. (xv) Perform periodic scans of the information s ystem and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal departments and agencies relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products, other than commercially available off-the-shelf items, or commercial services), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
11. FAR 52.252-2 CL AUSES INCORPORATED BY REFERENCE (FEB 1998) Exhibit B - 3517A General Clauses
LESSOR:______ GOVERNMENT:______ GSA Template 3517A –
REV (3/26)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far
https://www.acquisition.gov/browse/index/gsam.
12. The following clauses are incorporated by reference:
FAR 52.204-92 SECURITY REQUIREMENTS (NOV 2025 – GSA Class Deviation RFO-2025-40) (Applicable when the contract may require access to classified information.)
FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
FAR 52.204-10, REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020) (Applicable if over $30,000 total contract value.)
FAR 52.204-13 SYSTEM FOR AWARD MA NAGEMENT MAINTENANCE (OCT 2018)
FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
FAR 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,
OR PROPOSED FOR DEBARMENT (JAN 2025)
(Applicable to leases over $35,000 total contract value.)
FAR 52.215-10 PRICE REDUCTION FOR DEFE CTIVE CERTIFIED COST OR PRICING DATA (AUG 2011)
(Applicable when cost or pricing data are required for work or services over $2,000,000.)
FAR 52.215-12 SUBCONTRACTOR CERTIFIE D COST OR PRICING DATA (JUN 2020) (Applicable when the clause at FAR 52.215-10 is applicable.)
FAR 52.219-4 NOTICE OF PRICE EVALUA TION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (OCT 2022)
FAR 52.219-9 SMALL BUSINESS SUBCONTRAC TING PLAN (JAN 2025) ALTERNATE III (JAN 2025) (Applicable to Leases over $750,000 total contract value.)
FAR 52.219-16 LIQUIDATED DAMAGES—SUBCONTRAC TING PLAN (SEP 2021) (Applicable to leases over $750,000 total contract value.)
FAR 52.219-28 POST-AWARD SMALL BU SINESS REREPRESENTATION (JAN 20254) (Applicable to leases exceeding the micro-purchase threshold)
FAR 52.222-35 EQUAL OPPORTUNI TY FOR VETERANS (JUN 2020) (Applicable to leases $150,000 or more, total contract value. Full text may be found at http://www.acquisition.gov)
FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) (Applicable to leases over $15,000 total contract value. Full text may be found at http://www.acquisition.gov)
FAR 52.222-37 EMPLOYMENT R EPORTS ON VETERANS (JUN 2020) Exhibit B - 3517A General Clauses
LESSOR:______ GOVERNMENT:______ GSA Template 3517A –
REV (3/26)
(Applicable to leases $150,000 or more, total contract value.)
FAR 52.226-7 DRUG-FREE WORKPLACE (MAY 2024)
(Applicable to Leases over the Simplified Lease Acquisition Threshold as well as to any Leases of any value awarded to an individual)
FAR 52.232–23 ASSIGNMENT OF CLAIMS (MAY 2014)
(Applicable to leases over the micro-purchase threshold.)
FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
FAR 52.233-1 DISPUTES (MAY 2014)
FAR 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025 – GSA Class Deviation RFO-2025-40)
GSAR 552.204-9 PERSONAL IDENTITY VERIFICATION REQUIREMENTS (APR 2023)
GSAR 552.270-12 ALTERATIONS (SEP 1999)
GSAR 552.270-25 SUBSTITUTION OF TENANT AGENCY (SEP 1999)
GSAR 552.270-28 MUTUALITY OF OBLIGATION (SEP 1999)
GSAR 552.270-31 PROM PT PAYMENT (JUN 2011)
The information collection requirements contained in th is solicitation/contract, that are not required by regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No. 3090-0086.
Exhibit B - 3517A General Clauses