HomeMy WebLinkAboutResolution - 4727 - Lease Agreement - USA, NWS - FAA_NWS Building, LIA - 02_09_1995Resolution No. 4727
February 9, 1995
Item #11
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Lease Agreement by and between the City of
Lubbock and the United States of America National Weather Service, attached hereto, which shall
be spread upon the minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this
ATTEST:
Betty A Johnson, ity Secretary
APPROVED AS TO CONTENT:
lr'1Newsome, Interim Director of Aviation
APPROVED AS TO FORM:
9" 'i , a
a V 9&=% 31- -
ar ld Willard, , Assistant City Attorney
HW:js/L-usnxws.REs
ccdocs/January 11, 1995
r
Resolution No. 4727
F-ruary 9, 1995
11_m #11
DATE OF LEASE: February 22, 1995 1� LEASE NO: 065LBF0014
THIS LEASE, made and entered into this date by and between
CITY OF LUBBOCK
whose address is: Lubbock International Airport
Route 3, Box 389
Lubbock, TX 79401
hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government:
WITNESSETH: The parties hereto for considerations hereinafter mentioned, covenant and agree as follows;
L The Lessor hereby leases to the Government the following described premises:
s, Two hundred and eight (2,408) square feet of space in the FAA/NWS Building, plus ground and/or
roof space, as may be mutually agreed by the parties hereto for meteorological equipment with cable connections,
to:be used for: NWS office quarters and uses incidental thereto.
2.1' TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on October 1, 1994
through September 30, 1995 , subject to terminatiorr*and renewal rights as may be hereinafter set forth.
3 The Government shall pay the Lessor annual rent of $ 8,686.00 at the rate of $ 723.80 per month automatically
in ;arrears. Rent for a lesser period shall be prorated.
Rent checks shall be made payable to:
City of Lubbock
International Airport
Route 3 Box 389
Lubbock, TX 79401
Government accounting data: WP9933 9WGN40 2320
4.`{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: date of mailing.
5. ;This lease may be renewed at the option of the Government, for the following terms and at: the following rentals:
;:From year-to-year beginning October 1, 1995, but not beyond September 30, 1999, at an annual rate of $8,686.00,
payable monthly in arrears at the rate of $723.80.
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. For the purpose of computing annual increases in accordance with the Operating Costs clause contained in the General
Clauses, the base for services is $0.08 per square foot.
page I of 2
(continued from previous page)
7. The Lessor shall furnish to the Government, as part of the rental consideration, the following:
- Landscaping/grounds maintenance.
- Lessor will deduct $293.06 per month from the electric bill which is directly billed per meter to the NWS.
This amount reflects a reduction in cost based on the vacation of 1,256 square feet of space by the Weather Service at this
site, and computed at the base rate of $2.80 per square feet.
1 8. The following are attached and made a part hereof-
- General Clauses, dated 5/94.
- Solicitation For Offer No. M94-012, Parts IV-VIII, Aug. 11, 1994.
WITNESS WIYEREOF, the parties hereto have hereunto subscribed their names as of the date first above written.
R LAN STON Title Mayor
UNITED STATES OF AMERMA
Signature Real Property Contracting Officer
Lois F. A d
ATTEST: -.--
Betty . Johnso , City Secretary
APPROVED AS TO CONTENT:
Jim Newsome, Interim Director of Aviation
APPROVED AS TO FORM:
Harold Willard, Assistant City Attorney
page 2 of 2
�J
[Revised 5/941
GENERAL CLAUSES
(Acquisition of Leasehold Interests in Real Property)
Lease No. 06.5T PE0 1-4
1. 552.270-10 - DEFINITIONS (JUNE 1985)
(a) The terms "contract" and "Contractor" shall mean "lease" and "Lessor", respectively.
(b) If the lease is a sub -lease, the term "Lessor" means the sub -lessor.
(c) The term "Lessor shall provide" means the Lessor shall furnish and install.
2. 552.270-11 - SUBLETTING THE PREMISES (JUKE 1985)
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.
3. 552.270-12= MAINTENANCE OF VREMISES (JUNE 1985)
The Lessor shall maintain the demised premises, including the building and all equipment, fixtures, and appurtenances furnished by the Lessor under this
lease in good repair and tenantable condition, except in case of damage arising from the act or the negligence of the Government's agents or employees.
For the purpose of so maintaining said premises and property, the Lessor may at reasonable times, and with the approval of the authorized Government
representative in charge, enter and inspect the same and snake any necessary repairs thereto.
4. 552.270-13 - DAMAGE BY FIRE OR OTHER CASUALTY (JUNE 1985
If the said premises be destroyed by fire or other casualty, this lease will immediately terminate. In case of partial destruction or damage so as to render
the premises untenantable as determined by the Government, the Government may terminate the lease by giving written notice to the Lessor within 15 calendar
"days thereafter; if so terminated, no rent will accrue to the Lessor after such partial destruction or damage; and if not so terminated, the rent will be reduced
proportionately by supplemental agreement hereto effective from the date of such partial destruction or damage. -
5. 552.270-14 - CONDITION REPORT (DUNE 198
A joint physical survey and inspection report of the demised premises will be made as of the effective date of this lease, reflecting the then present condition,
and will be signed on behalf of the parties hereto.
6. 552.270-15 - APPLICABLECODES AND ORDINANCES (JUNE 1985)
The Lessor, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership and operation of the building in
which the ]eased space is situated and, at his own expense, to obtain all necessary permits and related items.
7. 552.270-16 - INSPECTION OF PREMISES (MAY 1989)
(a) At all times after receipt of offers and prior to or after acceptance of any offers or during any construction, remodeling, or renovation work, the
premises and the building or any parts thereof, upon reasonable and proper notice, must be accessible for inspection by the Contracting Officer, or
architects, engineers, or other technicians representing him, to determine whether the essential requirements of the solicitation or the lease requirements
are met.
(b) Additionally, the Government reserves the right, upon reasonable notice, to:
(1) inspect and perform bulk sampling and analysis of suspected asbestos -containing materials;
(2) monitor the air for asbestos fibers in the space offered or under lease, as well as other areas of the building deemed necessary by the
Contracting Officer;
(3) inspect the premises for any leaks, spills, or other potentially hazardous conditions which may involve tenant exposure to hazardous or toxic
substances (e.g., PCB); and
^ J �
(4) inspect the site upon which the space is offered for any current or past hazardous waste operations and ensure that appropriate mitigative actions
were taken to alleviate any environmentally unsound activities in accordance with Federal, state, and local regulations.
8. 552.270-17 - FAILURE IN PERFORMANCE (JUNE 1985)
The covenant to pay rent and the covenant to provide any service, utility, maintenance, or repair required under this lease are dependent. In the event of
failure by the Lessor to provide any of these items, the Government may, by contract or otherwise, perform the service, maintenance, utility, or repair; charge
to the Lessor any cost incurred by the Government that is related to the performance of such service, maintenance, etc., including any administrative costs;
and deduct such cost from any rental payments. Alternately, the Government may reduce rental payments by the corresponding value of the contract
requirement not performed, as determined by the Contracting Officer. These remedies are not exclusive and are in addition to any other remedies which may
be available under this contract or in the law.
9. 552.270-18 - LESSOR'S SUCCESSORS (JUNE 1985)
The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assigns.
10. 552.270-19 - ALTERATIONS (JUNE 1985)
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. These 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.
11. 552.270-20 - PROPOSALS FOR ADJUSTMENT (JUNE 1985)
(a) The Contracting Officer may, from time to time during the term of this lease, require changes to be made in the work or services to be performed
and in the terms or conditions of this lease. Such changes will be required under the clause at 552.270-21, Changes.
(b). If the Contracting Officer makes a change within the general scope of the lease, the Lessor shall submit, in a timely manner, an itemized cost
proposal for the work to be accomplished or services to be performed when the cost exceeds $25,000. The proposal, including all subcontractor work,
will contain at least the following details:
(1) material quantities and unit costs;
(2) labor costs (identified with specific item or material to be placed or operation to be performed);
(3) equipment costs;
(4) workman's compensation and public liability insurance;
(5) overhead;
(6) profit; and
(7) employment taxes under FICA and FUI'A.
(c) The following Federal Acquisition Regulation (FAR) provisions also apply to all proposals exceeding $100,000 in cost:
(1) The Lessor shall provide cost or pricing data including subcontractor cost or pricing data (48 CFR 15.904-2);
(2) The Lessor's representative, all contractors, and all subcontractors whose portion of the work exceeds $100,000 must sign and return the
"Certificate of Current Cost or Pricing Data" (48 CFR 15.804-4); and -
(3) The agreement for "Price Reduction for Defective Cost or Pricing Data" must be signed and returned (48 CFR 15.804-8).
(d) Lessors shall also refer to 48 CFR Part 31, Contract Cost Principles, for information on which costs are allowable, reasonable, and allocable in
Government work.
2
12. 552.270-21 - CHANGES (JUNE 1985)
(a) The Contracting Officer may at any time, by written order, make changes within the general scope of this lease in any one or more of the following:
(1) specifications;
(2) work or services;
(3) amount of space;
(4) facilities or space layout.
(b) If any such change causes an increase or decrease in the Lessor's cost of or the time required for performance under this contract whether or not
changed by the order, the Contracting Officer shall modify the lease by
(1) making an equitable adjustment in the rental rate,
(2) making a lump sum price adjustment, or
(3) revising the delivery schedule.
(c) If such change causes an increase in costs under this contract, the Lessor shall submit any "proposal for adjustment" (hereafter referred to as
proposal) under the clause at 552.270-20, Proposal for Adjustment.
(d) ' 'Adjustments foroperating expenses in vacant, leased premises will be in accordance with the clause at 552.270-25, Adjustment for Vacant Premises.
(e) Failure to agree to any adjustment shall be a dispute under the clause at 52.233-1, Disputes.
(f) No services or work for which an additional cost or fee will be charged by the Lessor will be furnished without the prior written authorization of
the Contracting Officer or a designated representative of the Contracting Officer.
13. 552.270-22 - LIQUIDATED DAMAGES (JUNE 1985)
In case of failure on the: part of the Lessor to complete the work within the time fixed in the lease contract or letter of award, the Lessor shall pay the
Government as fixed and agreed liquidated damages, pursuant to this clause, the sum of $300.00 for each and every calendar day that the delivery is delayed
beyond the date specified for delivery of all of the space ready for occupancy by the Government.
14. 552.270-25 - ADJUSTMENT FOR VACANT PREMISES (DUNE 1985)
If the Government vacates any portion of the leased premises prior to the expiration of the firm term of the lease, the rental rate shall be reduced by the total
cost of the space vacated. This is not negotiable after the lease is executed.
15. 552.270-26 - IF MINIMUM NOT DELIVERED (JUNE 1985)
If delivered space contains less than the minimum square footage, the Government may cancel the lease. If such cancellation occurs, the Government may
exercise its legal rights, including charging the Lessor and its surety the increased cost of providing replacement space.
16. 552.270-27 - DELIVERY AND CONDITION (JUKE 1985)
Unless the Government elects to have the space occupied in increments, the space must be delivered ready for occupancy as a complete unit. The Government
reserves the right to determine when the space is ready to occupy.
17. 552.270-28 - TIME EXTENSIONS (JUNE 1985)
The lease will not be terminated nor the Lessor charged with resulting damage if delays arise from unforeseeable causes beyond the control of the Lessor
and/or his contractors, subcontractors, suppliers, or another Government contractor. However, the Lessor shall notify the Contracting Officer, in writing,
of any delay within 10 calendar days after it begins. The Contracting Officer shall ascertain the facts, determine the extent of the delay, and grant extensions
when justified.
3
18. 552.270-29 - TERMINATION FOR DEFAULT (DUNE 1985)
If the Lessor fails to prosecute the work required to deliver the leased premises ready for occupancy by the Government with such diligence as will ensure
delivery of the leased premises within the time required by the lease agreement, or any extension of the specified time, or if the Lessor fails to complete said
work within such time, the Government may, by written notice to the Lessor, terminate the lease agreement. Regardless of whether the lease is terminated,
theLessorand his sureties shall be -liable for any damage to the Government resulting from his failure to deliver the premises ready for occupancy within
the specified time.
-_
19. 552.270-30 - PROGRESSIVE OCCUPANCY (JUNE 1985)
The Government shall pay rent only when the entire premises or suitable units are ready for occupancy. If the agency occupies the space in partial increments,
rent will accrue or be paid on a pro rata basis. Rental payments shall become due on the first workday of the month following the month in which an
increment of space is occupied, except that should an increment of space be occupied 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 occupied. The commencement date of the firm term will be a composite determined
from all dates of incremental occupancy.
20. 52.203-1 - OFFICIALS NOT TO BENEFIT (APRIL 1984)
No member of or delegate to Congress or resident commissioner shall be admitted to any share or part of this contract or to any benefit arising from it.
However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit.
21. 52.203-3 - GRATUITIES (APRIL 1984)
(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines
that the Contractor; its agent, or another representative -
(I) offered or gave a gratuity (e.g., an entertainment or gift). to an officer, official, or employee of the Government and
(2) intended, by the gratuity, to obtain a contract or favorable treatment under a contract.
(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction: - -
- (c) If this contract -is -terminated under paragraph (a) above, -the Government is entitled to pursue the same remedies as in -a -breach of the contract.
(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies
provided by law or under this contract.
22. 552.203-5 - COVENANT AGAINST CONTINGENT FEES (FEBRUARY 1990)
(a) The Lessor warrants that no person or agency has been employed or retained to solicitor obtain this lease upon an agreement or understanding for
a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this
lease without liability or, in its discretion, to deduct from the rental price or consideration, or otherwise recover the full amount of the contingent fee.
(b) "Bona fide agency," as used in this clause, means an established cdmmercial or selling agency (including licensed real estate agents or brokers),
maintained by a Lessor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government
contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.
(c) 'Bona fide employee," as used in this clause, means a person, employed by a Lessor and subject to the Lessor's supervision and control as to time,
place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out
as being able to obtain any Government contract or contracts through improper influence.
(d) "Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person
or concern has in securing a Government contract.
(e) "Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give
consideration or to act regarding a Government contract on any basis other than the merits of the [natter.
23. 52.203-7 - ANTI -KICKBACK PROCEDURES (OCTOBER 1988)
(a) Definitions
(1) "Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind
which is provided, directly or indirectly, to any Prime Contractor, Prime Contractor employee, subcontractor, or subcontractor employee for the
purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating
to a prime contract.
(2) "Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.
(3) "Prime Contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining
supplies, materials, equipment, or services of any kind.
(4) "Prime Contractor," as used in this clause, means a person who has entered into a prime contract with the United States.
. 1 (5) "Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a Prime Contractor
(6) "Subcontract," as used in this clause, means a contractor contractual action entered into by a Prime Contractor or subcontractor for the purpose
of obtaining supplies, materials, equipment, or services of any kind under a prime contract.
(7) "Subcontractor," as used in this clause
(i) means any person, other than the Prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services
of any kind under a prime contract or a subcontract entered into in connection with such prime contract and -
(ii) includes any person who offers to furnish or furnishes general supplies to the Prime Contractor or a higher tier subcontractor.
(8) "Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.
(b) The Anti -Kickback Act of 1986 (41 U.S.C. 51-58), hereafter in this clause referred to as "the Act," prohibits any person from
(1) providing, attempting to provide, or offering to provide any kickback;
(2) soliciting, accepting, or attempting to accept any kickback; or
(3) including, directly or indirectly, the amount of any kickback in the contract price charged by a Prime Contractor to the United States or in
the contract price charged by a subcontractor to a Prime Contractor or higher tier subcontractor.
(c) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b)
of this clause in its own operations and direct business relationships.
(d) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor
shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the
contracting agency if the agency does not have an inspector general, or the Department of Justice.
(e) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.
(f) The Contracting Officer may
(1) offset the amount of the kickback against any monies owed by the United States under this contract and/or
(2) direct that the Prime Contractor withhold from sums owed the subcontractor under the prime contract the amount of the kickback. The
Contracting Officer may order that monies withheld under this subparagraph (f)(2) of this clause be paid over to the Government unless the
Government has already offset those monies under subparagraph (f)(1) of this clause. In the either case, the Prime Contractor shall notify the
Contracting Officer when the monies are withheld.
(g) The Contractor agrees to incorporate the substance of this clause, including this paragraph (g), in all subcontracts under this contract.
24. 52.233-1 - DISPUTES (MAR 1994)
(a) This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613), hereafter in this clause referred to as "the Act."
(b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause
(c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the
payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A claim
arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought
by the claimant. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $50,000 is not a claim
under the Act until certified as required by paragraph (e) below. A voucher, invoice, or other routine request for payment that is not in dispute when
submitted is not a claim under the Act. The submission may -be converted to a claim under the Act by complying with the submission and certification
requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.
(d) (1) A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the Government
against the Contractor shall be subject to a written decision by the Contracting Officer.
(2) (i) Contractors shall provide the certification specified in subparagraph (d)(2)(iii) of this clause when submitting any claim -
(A) Exceeding $50,000; or
(B) Regardless of the amount claimed, when using-
(1) Arbitration conducted pursuant to 5 U.S.C.575-580; or
(II) Any other alternative means of dispute resolution (ADR) technique that the agency elects to handle in accordance with the
Administrative Dispute Resolution Act (AURA).
(ii) The. certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.
(iii) The certification shall state as follows:..
"I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that
the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly
authorized to certify the claim on behalf of the Contractor."
' (3) The certification may executed by any person duly authorized to bind the Contractor with respect.to the claim.
(e) For Contractor claims of $50,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days
of the request. For Contractor -certified claims over $50,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor
of the date by which the decision will be trade.
(f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act.
(g) At the time a claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the
parties, by mutual consent, may agree to use ADR. When using arbitration conducted pursuant to 5 U.S.C.575-580, or when using any other ADR
technique that the agency elects to handle in accordance with the ADRA, any claim, regardless of amount, shall be accompanied by the certification
described in subparagraph (d)(2)(iii) of this clause, and executed -inaccordance with paragraph (d)(3) of this clause.
(h) The Government shall pay interest on the amount found due and unpaid from (1) the date the Contracting Officer receives the claim (certified, if
required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective
certifications, as defined in (FAR)48CFR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple
interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which
the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency
of the claim.
(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action
arising under the contract, and comply with any decision of the Contracting Officer.
ra
29
25. DISPLAY ADVERTISING (APRIL 1984)
If the leased premises are solely for Government use, no advertising matter shall be constructed on or over the premises, unless authorized by the Contracting
Officer.
26. MEASUREMENT FOR PAYMENT (APRIL 1984)
When space is offered and accepted, the space will be mutually measured upon delivery. Payment will be made on the basis of actual measurement; however,
payment will not be made for delivered space which is in excess of the maximum square footage solicited.
27. NOTIFICATION OF PCB HAZARDOUS CONDITION (NOVEMBER 1985)
The lessor shall promptly notify the Contracting Officer and the tenant agency official of any leaks, spills, or other hazardous conditions which involve PCB
in any area of the building.
28. SUBSTIT[TTION OF TENANT AGENCY (APRIL 1984)
The Government reserves the right to substitute any agency/agencies for the agency/agencies named in this solicitation at any time after the offer or during
the term of the lease.
29. TERMINATION - ERRONEOUS REPRESENTATION CONCERNING POLYCHLORINATED BIPHENYL (PCB) AND/OR HAZARDOUS
WASTE MANAGEMENT (OCTOBER 1986)
(a) The certification regarding PCB contained in the representation and certification provision of this solicitation is a material representation of fact
upon which the Government relies when making award. If it is later determined that the presence of PCB has been misrepresented, the Government
reserves the right to require the Lessor, at no cost to the Government, to remove or retrofill any PCB equipment present in the building in accordance
with EPA regulations or alternately the Government may terminate the lease. This is in addition to other remedies available to the Government.
(b) The certification regarding hazardous waste management contained in the representation and certification provision of this solicitation is a material
representation of fact upon which the Government relies when making award. If it is later determined that the presence of hazardous waste, or
inappropriate handling thereof, has been misrepresented, the Government reserves the right to require the Lessor, at no cost to the Government, to take
the necessary action to mitigate the -hazardous waste condition in accordance with local, state, and Federal laws or, alternatively, the Government may
terminate the lease. This is in addition to other remedies available to the Government.
30. WARRANTY OF SPACE (OCTOBER 1986)
(a) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Lessor warrants that
all space leased to the Government under this contract, spaces above suspended ceilings in the leased space, air plenums elsewhere in the building which
service the leased space, engineering spaces in the same ventilation zone as the leased space, public spaces, and common use space (e.g., lobbies,
hallways) will, at the time of acceptance and during the term of the lease contract, comply with the asbestos requirements of this contract. The
Contracting Officer shall notify the Lessor in writing, within 30 days after the discovery, of any failure to comply with the asbestos requirements.
(b) After receipt of notice, if the Lessor fails to make correction within the specified period of time, the Government shall have the right to make
correction and charge to the Lessor the costs occasioned to the Government or to terminate the lease agreement at no cost to the Government.
(c) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law and under this contract.
(d) Definitions
(1) 'Acceptance," as used in this clause means the act of an authorized representative of the Government by which the Government assumes for
itself, or as an agent of another, the leased premises as ready for occupancy or approves a portion of the premises for occupancy in accordance
with the provisions of this lease contract.
(2) "Correction," as used in this clause, means
(i) removal, encapsulation or enclosure of any friable asbestos materials found in the space leased to the Government, spaces above suspended
ceilings in the leased space, air plenums elsewhere in the building which service the leased space, public spaces, engineering spaces in the
same ventilation zone as the leased space, and common use space (e.g., lobbies, hallways). Following such abatement actions, the Lessor
shall adhere to the Government's required post -asbestos -abatement air monitoring program.
(ii) With regard to non -friable asbestos materials in good condition, it means the establishment and execution of a special operations and
maintenance program and an abatement plan, approved by the Government, to be implemented from the time the materials are discovered
through the remainder of the lease term.
31. 552.232-71 - PROMPT PAYMENT (APRIL 1989)
(a) 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.
(b) 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, or
(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.
(c) 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); and
(vii) name (where practical), 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 (7) 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 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.
8
M
(d) 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 1 year. Interest penalties of less than $1.00 need not be paid.
(4). Interest penalties are nottequired 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.
(e) Payment For payment by check, the Contractor shall provide the full name (where practicable), title, phone number, and complete mailing address
of the responsible official(s) to whom check payments are to be sent (must be the same as the remittance address in the lease or order).
32. 552.232-72 INVOICE REQUIREMENTS (APRIL 1959)
(a) Invoices shall be submitted in an original only, unless otherwise specified, to the designated billing office specified in this contract or
purchase/delivery order.
(b) Invoices must include the Accounting Control Transaction (ACT) number provided below or on the purchase/delivery order.
ACT Number
(c) In addition to the requirements for a proper invoice specified in the Prompt Payment clause of this contractor purchase/delivery order, the following
information or documentation must be submitted with each invoice:
33. 552.232-72 - ELECTRONIC FUNDS TRANSFER PAYMENT (APRIL 1989)
(a) Payments under this contract will be made by the Government either by check or electronic funds transfer through the Treasury Fedline Payment
System (FEDLINE) or the Automated Clearing House (ACH), at the option of the Government. Not later than fourteen (14) days after receipt of a notice
of award or request from the Contracting Officer or other Government official, the Lessor shall provide information necessary for check payment and/or
designate a financial institution for receipt of electronic funds transfer payments. The Lessor shall submit this information to the Contracting Officer
or other Government official, as directed.
(b) For payment by check, the Lessor shall provide the full name (where practicable), title, phone number, and complete mailing address of the
responsible official(s) to whom check payments are to be sent (must be the same as the remittance address in the lease).
(c) For payment through FEDLINE, the Lessor shall provide the following information:
(1) name, address, and telegraphic abbreviation of the financial institution receiving payment (must be the same as the remittance address in the
lease);
(2) the American Bankers Association nine -digit identifying number for wire transfers of the financing institution receiving payment if the
institution has access to the Federal Reserve Communications System;
(3) payee's account number at the financial institution where funds are to be transferred; and
(4) if the financial institution does not have access to the Federal Reserve Communications System, name, address, and telegraphic abbreviation
of the correspondent financial institution through which the financial institution receiving payment obtains wire transfer activity. Provide the
telegraphic abbreviation and American Bankers Association identifying number for the correspondent institution.
(d) For payment through ACH, the Lessor shall provide the following information:
(1) routing transit number of the financial institution receiving payment (same as American Bankers Association identifying number used for
FEDLINE);
(2) number of account to which funds are to be deposited;
(3) type of depositor account ("C" for checking, "S" for savings); and
(4) if the Lessor is a new enrollee to the ACH system, a "Payment Information Form," SF 3881, must be completed before payment can be
processed.
(e) In the event the Lessor, during the performance of this contract, elects to designate a different financial institution for the receipt of any payment
made using electronic funds transfer procedures, notification of such change and the required information specified above must be received by the
appropriate Government official thirty (30) days prior to the date such change is to become effective.
(f) The document furnishing the information required by this paragraph must be dated and contain the signature, title, .and telephone number of the
Lessor official authorized to provide it, as well as the Lessor's name and contract number.
(g) Lessor failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments.
34. 52.232-23 - ASSIGNMENT OF CLAIMS (JANUARY 1986)
(a) The Contractor, under the Assignment of Claims Act, as amended (31 U.S.C. 3727, 41 U.S.C. 15), hereafter in this clause referred to as the "the
Act," may assign its rights to be paid amounts due or to become due as a result of the performance of this contract to a bank, trust company, or other
financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign or reassign its right
under the original assignment to any type of financing institution described in the preceding sentence.
(b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract and shall not
be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties
participating in the financing of this contract.
(c) The .Contractor .shall .not.furnish.or.disclose to any .assignee under this.contract any classified document (including this contract), -or information
related to work under this, contract until the Contracting Officer authorizes such action in writing. _ _...
35. 52.222-36 - AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APRIL 1984)
(a) General
(1) Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against any
employee or applicant because of physical or mental handicap. The Contractor agrees to take affirmative action to employ, advance in employment,
and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment
practices such as
(i)
employment,
(ii)
upgrading,
(iii)
demotion or transfer,
(iv)
recruitment,
(v)
advertising,
(vi)
layoff or termination,
(vii) rates of pay or other forms of compensation, and
(viii) selection for training, including apprenticeship.
10
(2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the
Rehabilitation Act of 1973 (29 U.S.C. 793), as amended, hereafter in this clause referred to as "the Act,".
(b) Postings
(1) The Contractor agrees to post employment notices stating
(i) the Contractor's obligation under the law to take affirmative -action to employ and advance in employment qualified handicapped
individuals and
(ii) the rights of applicants and employees.
(2) These notices shall be posted in conspicuous places that are available to employees and applicants for employment. They shall be in a form
prescribed by the Director, Office of Federal Contract Compliance Programs, Department of Labor (Director), and provided by or through the
Contracting Officer.
(3) The Contractor -shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract
understanding, that the Contractor is bound by the terms of Section 503 of the Act and is committed to take affirmative action to employ, and
advance in employment, qualified physically and mentally handicapped individuals.
(c) Noncompliance. If the Contractor does not comply with the requirements of this clause, appropriate actions may be taken under the rules,
regulations, and relevant orders of the Secretary issued pursuant to the Act.
(d) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $2,500 unless exempted
by rules, regulations, or orders of the. Secretary. The Contractor shall act as specified by the Director to enforce the terms, including action for
noncompliance.
36. 52.219-8 -UTILIZATION OF SMALL-BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS (FEBRUARY 1990)
(a) It is the policy of the United States that small business concerns and small business concerns owned and controlled by socially and economically
disadvantaged individuals shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including
contracts and subcontracts for subsystems, assemblies; components, and related services for major systems. It is further the policy of the United States
that its Prime Contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small
business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals.
(b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract
performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business
Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause.
(c) As used in this contract, the term "small business concern" shall mean a small business as defined pursuant to Section 3 of the Small Business Act
and relevant regulations promulgated pursuant thereto.
(d) The term 'small business concern owned and controlled by socially and economically disadvantaged individuals" shall mean a small business concern
(1) which is at least 51 percent unconditionally owned by one or more socially and economically disadvantaged individuals; or, in the case of any
publicly owned business, at least 51 per centum of the stock of which is unconditionally owned by one or more socially and economically
disadvantaged individuals; and
(2) whose management and daily business operations are controlled by one or more of such individuals. This term also means a small business
concern that is at least 51 percent unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian Organization, or a
publicly owned business having at least 51 percent of its stock unconditionally owned by one of these entities which has its management and daily
business controlled by members of an economically disadvantaged Indian tribe or Native Hawaiian Organization, and which meets the requirements
of 13 CFR 124.
(e) The Contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native
Americans, Asian -Pacific Americans, Subcontinent Asian Americans and other minorities, or any other individual found to be disadvantaged by the
Administration pursuant to Section 8(a) of the Small Business Act. The Contractor shall presume that socially and economically disadvantaged entities
also include Indian Tribes and Native Hawaiian Organizations.
11
(f) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as either a small business concern
or a small business concern owned and controlled by socially and economically disadvantaged individuals.
37. 52.222-26 - EQUAL OPPORTUNITY (APRIL 1984)
(a) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt
Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000,. the Contractor shall comply with subparagraphs (b)(1) below.
Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.
(b) During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national
origin.
(2) The Contractor shall take affirmative action to ensure the applicants are employed and employees are treated during employment without regard
to their race, color, religion, sex, or national origin. This shall include, but not be limited to
(i) employment,
(ii) upgrading,
(iii) demotion,
(iv) transfer,
(v) recruitment or recruitment advertising,
(vi) layoff or termination,
(vii) rates of pay or other forms of compensation, and
(viii) selection for training, including apprenticeship.
(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the
Contracting Officer that explain this clause.
(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
(5) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other
contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the
Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for
employment.
(6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.
(7) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules,
regulations, and orders of the Secretary of Labor. Standard Form 100 (EEO-1), or any successor form, is the prescribed form to be filed within
30 days following the award, unless filed within 12 months preceding the date of award.
(8) The Contractor shall permit access to its books, records, and accounts by the contracting agency or the Office of Federal Contract Compliance
Programs (OFCCP) for the purpose of investigation to ascertain the Contractor's compliance with the applicable rules, regulations, and orders.
(9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor,
this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government
contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked
against the Contractor as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as
otherwise provided by law.
12
(10) The Contractor shall include the terms and conditions of subparagraphs (b)(1) of this clause in every subcontract or purchase order that is not
exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and
conditions will be binding upon each subcontractor or vendor.
(11) The Contractor shall take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of
enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation
to protect the interests of the United States.
(c) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1.
38. 52.222-27 - AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR52.222-27 - AFFIRMATIVE ACTION COMPLIANCE FOR CONSTRUCTION ( PRIL 1984)
(a) Definitions
(1) "Covered area," as used in this clause, means the geographical area described in the solicitation for this contract.
(2) "Director," as used in this clause, means Director, Office of Federal Contract Compliance Programs (OFCCP), United States Department of
Labor, or any person to whom the Director delegates authority.
(3) "Minority," as used in this clause, means
(i) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining
identifiable tribal affiliations through membership and participation or community identification);
(ii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian
Subcontinent, or the Pacific Islands);
(iii) Black (all persons having origins in any of the black African racial groups not of Hispanic origin); and
(iv) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of
race).
(b) If.the Contractor, or a subcontractor at any tier, subcontracts a portion of the work involving any construction trade, each such subcontract in excess
of $10,000 shall include this clause and the Notice containing the goals for minority and female participation stated in the solicitation for this contract.
(c) If the Contractor is participating in a Hometown Plan (41 CFR 60-4) approved by the U.S. Department of Labor in a covered area, either
individually or through an association, its affirmative action obligations on all work in the plan area (including goals) shall comply with the plan for those
trades that have unions participating in the plan. Contractors must be able to demonstrate participation in, and compliance with, the provisions of the
plan. Each Contractor or subcontractor participating in an approved plan is also required to comply with its obligations under the clause at 52.222-26,
Equal Opportunity, and to [Hake a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good -faith
performance by other Contractors or subcontractors toward a goal in an approved plan does not excuse any Contractor's subcontractor's failure to make
good -faith efforts to achieve the plan's goals.
(d) The Contractor shall implement the affirmative action procedures in subparagraphs (g)(1-16) of this clause. The goals stated in the solicitation for
this contract are expressed as percentages of the total hours of employment and training of minority and female utilization that the Contractor should
reasonably be able to achieve in each construction trade in which it has employees in the covered area. If the Contractor performs construction work
in a geographical area located outside of the covered area, it shall apply the goals established for the geographical area where that work is actually
performed. The Contractor is expected to make substantially uniform progress toward its goals in each craft.
(e) Neither the terms and conditions of any collective bargaining agreement, nor the failure by a union with which the Contractor has a collective
bargaining agreement, to refer minorities or women shall excuse the Contractor's obligations under this clause, Executive Order 11246, as amended,
or the regulations thereunder.
(f) In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, apprentices and trainees must be employed
by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion
of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S.
Department of Labor.
13
(g) The Contractor shall take affirmative action to ensure equal employment opportunity. The evaluation of the Contractor's compliance with this clause
shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and implement affirmative
action steps at least as extensive as the following:
(1) Ensure a working environment free of harassment, intimidation, and coercion at all sites and in all facilities where the Contractor's employees
are assigned to work. The Contractor, if possible, will assign two or more women to each construction project. The Contractor shall ensure that
foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working
environment, with specific attention to minority or female individuals working at these sites or facilities.
(2) Establish and maintain a current list of sources for minority and female recruitment. Provide written notification to minority and female
recruitment sources and community organizations when the Contractor or its unions have employment opportunities available and maintain a record
of the organizations' responses.
(3) Establish and maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the -street applicant,
referrals of minorities or females from unions, recruitment sources, or community organization, and the action taken with respect to each individual.
If an individual was sent to the union hiring hall for referral and not referred back to the Contractor by the union or, if referred back, not employed
by the. Contractor, this shall be documented in the file, along with whatever additional actions the Contractor may have. taken.
(4) Immediately notify the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred
back to the Contractor a minority or woman sent by the Contractor or when the Contractor has other information that the union referral process
has impeded the Contractor's efforts to meet its obligations.
(5) Develop on-the-job training opportunities and/or participate in training programs for the area that expressly include minorities and women,
including upgrading programs and apprenticeship/trainee programs relevantto the Contractor's employment needs, especially those programs funded
or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under subparagraph (g)(2)
above.
(6) Disseminate the Contractor's equal employment policy by
(i) providing notice of the policy to unions and training, recruitment, and outreach programs, and requesting their cooperation in assisting
the Contractor in meeting its contract obligations;
_ (ii) . including the policy.inany policy manual and in collective bargaining agreements; M
(iii) publicizing the policy in the company newspaper, annual report, etc.,
(iv) reviewing the policy with all management personnel and with all minority and female employees at least once a year; and
(v) posting the policy on bulletin boards accessible to employees at each location where construction work is performed.
(7) Review, at least annually, the Contractor's equal employment policy and affirmative action obligations with all employees having responsibility
for hiring, assignment, layoff, termination, or other employment decisions. Conduct review of this policy with all on -site supervisory personnel
before initiating construction work at a job site. A written record shall be made and maintained identifying the time and place of these meetings,
persons attending, subject matter discussed, and disposition of the subject matter.
(8) Disseminate the Contractor's equal employment policy externally by including it in any advertising in the news media, specifically including
minority and female news media. Provide written notification to, and discuss this policy with, other Contractors and subcontractors with which
the Contractor does or anticipates doing business.
(9) Direct recruitment efforts, both oral and written, to minority, female, and community organizations; to schools with minority and female
students; and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not
later than 1 month before the date for acceptance of applications for apprenticeship or training by any recruitment source, send written notification
to organizations such as the above describing the openings, screening procedures, and tests to be used in the selection process.
(10) Encourage present minority and female employees to recruit minority persons and women. Where reasonable, provide after -school, summer,
and vacation employment to minority and female youth both on the site and in other areas of the Contractor's workforce.
(11) Validate all tests and other selection requirements where required under 41 CFR 60-3.
14
(12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities. Encourage
these employees to seek or to prepare for, through appropriate training, etc., opportunities for promotion.
(13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by
continually monitoring all personnel and employment -related activities to ensure that the Contractor's obligations under this contract are being carried
out.
(14) Ensure that all facilities and company activities are nonsegregated except that separate or single user toilet and necessary changing facilities
are provided to assure privacy between the sexes.
(15) Maintain a record of solicitations for subcontracts for minority and female construction contractors and suppliers, including circulation of
solicitations to minority and female contractor associations and other business associations.
(16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's equal employment policy and
affirmative action obligations.
(h) The Contractor is encouraged to participate involuntary associations that may assist in fulfilling one or more of the affirmative action obligations
contained in subparagraphs (g)(1-16). The efforts of a contractor association, joint contractor -union, contractor -community, or similar group of which
the Contractor is a member and participant may be asserted as fulfilling one or more of its obligations under subparagraphs (g)(1-16), provided the
Contractor
(1) actively participates in the group;
(2) makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry;
(3) ensures that concrete benefits of the program are reflected in the Contractor's minority and female workforce participation;
(4) makes a good -faith effort to meet its individual goals and timetables; and
(5) provides access to documentation that demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply
is the Contractor's, and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance.
(i) A single goal for minorities and a separate single goal for women shall be established. The Contractor is required to provide equal employment
opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently,
the Contractor may be in violation of Executive Order 11246, as amended, if a particular group is employed in a substantially disparate manner.
Q) The Contractor shall not use goals or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national
origin.
(k) The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts under Executive Order 11246,
as amended.
(1) The Contractor shall carry out such sanctions and penalties for violation of this clause and of the clause at 52.222-26, Equal Opportunity, including
suspension, termination, and cancellation of existing subcontracts, as may be imposed or ordered under Executive Order 11246, as amended, and its
implementing regulations, by the OFCCP. Any failure to carry out these sanctions and penalties as ordertA shall be a violation of this clause and
Executive Order 11246, as amended.
(m) The Contractor in fulfilling its obligations under this clause shall implement affirmative action procedures at least as extensive as those prescribed
in paragraph (g) above, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply
with the requirements of Executive Order 11246, as amended, the implementing regulations, or this clause, the Director shall take action as prescribed
in 41 CFR 60-4.6.
(n) The Contractor shall designate a responsible official to
(1) monitor all employment -related activity to ensure that the Contractor's equal employment policy is being carried out;
(2) submit reports as may be required by the Government; and
15
(3) keep records that shall at least include for each employee the name, address, telephone number, construction trade, union affiliation (if any),
employee identification number, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes
in status, hours worked per week in indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in
an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, separate records are not required
to be maintained.
(o) Nothing contained herein shall be construed as a limitation upon the application of other laws that establish different standards of compliance or
upon the requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community
Development Block Grant Program).
39. 52.222-35 - AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APRIL 1984)
(a) Definitions
(1) "Appropriate office of the State employment service system," as used in this clause, means the local office of the Federal -State national system
of public employment offices assigned to serve the area where the employment opening is to be filled, including the District of Columbia, Guam,
Puerto Rico, Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands.
(2) "Openings that the Contractor proposes to fill from within its own organization," as used in this clause, means employment openings for which
no one outside the Contractor's organization (including any affiliates, subsidiaries, and the parent companies) will be considered and includes any
openings that the Contractor proposes to fill from regularly established "recall" lists.
(3) "Opening that the Contractor proposes to fill under a customary and traditional employer -union hiring arrangement," as used in this clause,
means employment openings that the Contractor proposes to fill from union halls, under their customary and traditional employer -union hiring
relationship.
(4) "Suitable employment openings," as used in this clause
(i) includes, but is not limited to, openings that occur in jobs categorized as
(A) production and nonproduction,
(B) plant, and office,
(C) laborers and mechanics,
(D) supervisory and non -supervisory,
(E) technical, and
(F) executive, administrative, and professional positions compensated on a salary basis of less than $25,000 a year; and
(ii) includes full-time employment, temporary employment of over 3 days, and part-time employment but not openings that the Contractor
proposes to fill from within its own organization or under a customary and traditional employer -union hiring arrangement, nor openings in
an educational institution that are restricted to students of that institution.
(b) General
(1) Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against the
individual because the individual is a special disabled or Vietnam era veteran. The Contractor agrees to take affirmative action to employ, advance
in employment, and otherwise treat qualified special disabled and Vietnam Era veterans without discrimination based upon their disability or
veterans' status in all employment practices such as
(i) employment;
(ii) upgrading;
(iii) demotion or transfer;
16
(iv) recruitment;
(v) advertising;
(vi) layoff or termination;
(vii) rates of pay or other forms of compensation; and
(viii) selection for training, including apprenticeship.
(2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Vietnam
Era Veterans' Readjustment Assistance Act of 1972, hereafter in this clause referred to as "the Act," as amended.
(c) Listing Openings
(1) The Contractor agrees to list all suitable employment openings existing at contract award or occurring during contract performance, at an
appropriate office of the State employment service system in the locality where the opening occurs. These openings include those occurring at any
Contractor facility, including one not connected with performing this contract. An independent corporate: affiliate is exempt from this requirement.
(2) State and local government agencies holding Federal contracts of $10,000 or more shall also list all their suitable openings with the appropriate
office of the State employment service.
(3) The listing of suitable employment openings with the State employment service system is required at least concurrently with using any other
recruitment source or effort and involves the obligations of placing a bona fide job order, including accepting referrals of veterans and non -veterans.
This listing does not require hiring any particular job applicant or hiring from any particular group of job applicants and is not intended to relieve
the Contractor from any requirements of Executive orders or regulations concerning nondiscrimination in employment.
(4) Whenever the Contractor becomes contractually bound to the listing terms of this clause, it shall advise the State employment service system,
in each State where it has establishments, of the name and location of each hiring location in the State. As long as the Contractor is contractually
bound to these terms and has so advised the State system, it need not advise the State system of subsequent contracts. The Contractor may advise
the State system when it is no longer bound by this contract clause.
(5) Under the most compelling circumstances, an employment opening may not be suitable for listing, including situations when
(i) the Government's needs cannot reasonably be supplied,
(ii) listing would be contrary to National security, or
(iii) the requirement of listing would not be in the Government's interest.
(d) Applicability
(1) this clause does not apply to the listing of employment openings which occur and are filled outside the 50 states, the District of Columbia,
Puerto Rico, Guam, Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands.
(2) The terms of paragraph (c) above of this clause do not apply to openings that the Contractor proposes to fill from within its own organization
or under a customary and traditional employer -union hiring arrangement. This exclusion does not apply to a particular opening once an employer
decides to consider applicants outside of its own organization or employer -union arrangement for that opening.
(e) Postings
(1) The Contractor agrees to post employment notices stating
(i) the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified special disabled
veterans and veterans of the Vietnam era, and
(ii) the rights of applicants and employees.
17
(2) These notices shall be posted in conspicuous places that are available to employees and applicants for employment. They shall be in a form
prescribed by the Director, Office of Federal Contract Compliance Programs, Department of Labor (Director), and provided by or through the
Contracting Officer.
(3) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract
understanding, that the Contractor is bound by the terms of the Act, and is committed to take affirmative action to employ, and advance in
employment, qualified special disabled and Vietnam era veterans.
(f) Noncompliance. If the Contractor does not comply with the requirements of this clause, appropriate actions may be taken under the rules,
regulations, and relevant orders of the Secretary issued pursuant to the Act.
(g) Subcontracts, The Contractor shall include the terms of this clause in every subcontract or purchase order of $10,000 or more unless exempted
by rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Director to enforce the terms, including action for
noncompliance.
40. 52.222-37 - EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (MARCH 1987)
(a) The Contractor agrees to report at least annually, as required by the Secretary of Labor, on
(1) the number of special disabled veterans and the number of veterans of the Vietnam era in the workforce of the Contractor by job category
and hiring location; and
(2) the total number of new employees hired during the period covered by the report, and, of that total, the number of special disabled veterans
and the number of veterans of the Vietnam era.
(b) The above items shall be reported by completing the form entitled "Federal Contractor Veterans Employment Report VETS- 100." Computer -
generated forms are acceptable, provided that all required information and data are presented in the same format as the VETS-100 form.
(c) Reports shall be submitted no later than March 31 of each year beginning March 31, 1988.
(d) The employment activity report required by paragraph (a)(2) of this clause shall reflect total hires during the most recent 12-month period as of
the ending date selected for the employment profile report required by paragraph (a)(1) of this clause. Contractors may select an ending date
(1) as of the end of any pay period during the period January through March 1st of the year the report is due or
(2) as of December 31 if the Contractor has previous written approval from the Equal Employment Opportunity Commission to do so for purposes
of submitting the Employer Information Report EEO-1 (Standard Form 100).
(e) The count of veterans reported according to paragraph (a) above shall be based on voluntary disclosure. Each Contractor subject to the reporting
requirements at 38 U.S.C. 2012(d) shall invite all special disabled veterans and veterans of the Vietnam era who wish to benefit under the affirmative
action program at 38 U.S.C. 2012 to identify themselves to the Contractor. The invitation shall state that the information is voluntarily provided, that
the information will be kept confidential, that disclosure or refusal to provide the information will not subject the applicant or employee to any adverse
treatment, promulgated under 38 U.S.C. 2012. Nothing in this paragraph (e) shall preclude an employee from informing a Contractor at a future time
of his or her desire to benefit from this program. Nothing in this paragraph (e) shall relieve a Contractor from liability for discrimination under 38
U.S.C. 2012.
(f) The Contractor shall include the terms of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules,
regulations, or orders of the Secretary of Labor.
41. 552.203-73 - PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEPTEMBER 1990)
(a) If the head of the contracting activity (HCA) or his or her designee determines that there was a violation of subsection 27(a) of the Office of Federal
Procurement Policy Act, as amended (41 U.S.C. 423), as implemented in the Federal Acquisition Regulation, the Government, at its election, may
(1) reduce the monthly rental under this lease by five (5) percent of the amount of the rental for each month of the remaining term of the lease,
including any option periods, and recover five (5) percent of the rental already paid;
(2) reduce the payments for alterations not included in monthly rental payments by five (5) percent of the amount of the alterations agreement;
or
18
n
(3) reduce the payments for violations by a Contractor's subcontractor by an amount not to exceed the amount of profit or fee reflected in the
subcontract at the time the subcontract was placed.
(b) Prior to making a determination as set forth above, the HCA or designee shall provide to the Contractor a written notice of the action being
considered and the basis therefor. The Contractor shall have a period determined by the agency head or designee, but not less than thirty (30) calendar
days after receipt of such notice, to submit in person, in writing, or through a representative, information and argument in opposition to the proposed
reduction. The agency head or designee may, upon good cause shown, determine to deduct less than the above amounts from payments.
(c) The rights and remedies of the Government specified herein are not exclusive and are in addition to any other rights and remedies provided by law
or under this lease.
42. 52.209-6 - PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED.
SUSPENDED, OR PROPOSED FOR DEBARMENT (MAY 1989)
(a) The Government suspends or debars Contractors to protect the Government's interests. Contractors shall not enter into any subcontract equal to
or in excess of $25,000 with a Contractor that has been debarred, suspended, or proposed for debarment unless there is a compelling reason to do so.
If a Contractor intends to subcontract with a party that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the list
of Parties Excluded from Procurement Programs), a corporate officer or designee of the Contractor shall notify the Contracting Officer, in writing, before
entering into such subcontract. The notice must include the following:
(1) the name of the subcontractor;
(2) the Contractor's knowledge of the reasons for the subcontractor being on the list of Parties Excluded from Procurement Programs;
(3) the compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion on the list of Parties Excluded from
Procurement Programs; and
(4) the systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with
such subcontractor in view of the specific basis for the parry's debarment, suspension, or proposed debarment.
(b) The Contractor's compliance with the requirements of 52.209-6 will be reviewed during Contractor Purchasing System Reviews (see FAR Subpart
44.3).
43. $2.215-1 - EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (APRM 1984)
(a) The Comptroller General of the United States or a duly authorized representative from the General Accounting Office shall, until 3 years after final
payment under this contract or for any shorter period specified in Federal Acquisition Regulation (FAR) Subpart 4.7, Contractor Records Retention,
have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions
related to this contract.
(b) The Contractor agrees to include in first -tier subcontracts under this contract a clause to the effect that the Comptroller General or a duly authorized
representative from the General Accounting Office shall, until 3 years after final payment under the subcontract or for any shorter period specified in
FAR Subpart 4.7, have access to and the right to examine any of the subcontractor's directly pertinent books, documents, papers, or other records
involving transactions related to the subcontract. "Subcontract," as used in this clause, excludes
(1) purchase orders not exceeding $10,000 and
(2) subcontracts or purchase orders for public utility services at rates established to apply uniformly to the public, plus any applicable, reasonable
connection charge.
(c) The periods of access and examination in paragraphs (b) and (c) above shall continue until all appeals, litigation, claims, or exceptions are disposed
of for records relating to
(1) appeals under the clause at 52.233-1, Disputes,
(2) litigation or settlement of claims arising from the performance of this contract, or
(3) costs and expenses of this contract to which the Comptroller General or a duly authorized representative from the General Accounting Office
has taken exception.
19
44. 552.215-70 - EXAMINATION OF RECORDS BY DOC (APRIL 1984)
The Contractor agrees that the Department of Commerce or any of its duly authorized representatives shall, until the expiration of 3 years after final payment
under this contract, or of the time periods for the particular records specified in FAR Subpart 4.7, whichever expires earlier, have access to and the right
to examine any books, documents, papers, and records of the Contractor involving transactions related to this contract or compliance with any clauses
thereunder. The Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the
Department of Commerce or any of its duly authorized representatives shall, until the expiration of 3 years after final payment under the subcontract, or of
the time periods for the particular records specified in FAR Subpart 4.7, whichever expires earlier, have access to and the right to examine any books,
documents, papers, and records of such subcontractor, involving transactions related to the subcontract or compliance with any clauses thereunder. The term
"subcontract" as used in this clause excludes
(a) purchase orders not exceeding $10,000 and
(b) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public.
45. 52.219-13 - UTILIZATION OF WOMEN -OWNED SMALL BUSINESSES (AUGUST 1986)
(a) Definitions
(1) "Women -owned small businesses," as used in this clause, means businesses that are at least 51 percent owned by women who are United States
citizens and who also control and operate the business.
(2) "Control," as used in this clause, means exercising the power to make policy decisions.
(3) "Operate," as used in the clause, means being actively involved in the day-to-day management of the business.
(4) "Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not
dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size
standards in 13 CFR 121.
(b) It is the policy of the United States that women -owned small businesses shall have the maximum practicable opportunity to participate in performing
contracts awarded by any Federal agency.
(c) The Contractor agrees to use its best efforts to give women -owned small businesses the maximum practicable opportunity to participate in the
subcontract it awards to the fullest extent consistent with the efficient performance of its contract.
(d) The Contractor may rely on written representations by its subcontractors regarding their status as women -owned small businesses.
46. 52.223-6 - DRUG -FREE WORKPLACE (JULY 1990)
(a) Definitions
(1) As used in this clause, "controlled substance" means a controlled substance in Schedules I through V of Section 202 of the Controlled
Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11-1308.15.
(2) "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged
with the responsibility to determine violations of the Federal or State criminal drug statues.
(3) "Criminal drug statutes" means a Federal or non -Federal criminal statute involving the manufacture, distribution, dispensing, possession, or
use of any controlled substance.
(4) "Drug -free workplace" means the site(s) for the performance of work done by the Contractor in connection with a specific contract at which
employees of the Contractor are prohibited from engaging in the manufacture, distribution, dispensing, possession, or use of a controlled substance.
(5) "Employee" means an employee of the Contractor directly engaged in the performance of work under a Government contract.
(6) "Directly engaged' is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact
or involvement in contract performance.
20
(7) "Individual" means an Offeror/Contractor that has no more than one employee including the Offeror/Contractor.
(b) The Contractor, if other than an individual, shall -- within thirty (30) calendar days after award (unless a longer period is agreed to in writing for
contracts of 30 calendar days or more performance duration), or as soon as possible for contracts of less than thirty (30) calendar days performance
duration:
(1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance
is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition;
(2) Establish an ongoing drug -free awareness program to inform such employees about
(i) the dangers of drug abuse in the workplace,
(ii) the Contractor's policy of maintaining drug -free workplace,
(iii) any available drug counseling, rehabilitation, and employee assistance programs, and
(iv) the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(3) Provide all employees engaged in performance of this contract with a copy of a statement required by subparagraph (b)(1) of this clause;
(4) Notify such employees in writing in the statement required by subparagraph (b)(1) of this clause that, as a condition of continued employment
on this contract, the employee will
(i) abide by the terms of the statement and
(ii) notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no
later than five (5) calendar days after such conviction;
(5) Notify the Contracting Officer in writing within ten (10) calendar days after receiving notice under subparagraph (b)(4)(4) of this clause from
an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;
(6) Within thirty (30) calendar days after receiving notice under paragraph (b)(4)(ii) of this clause of a conviction, take one of the following actions
with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:
(i) take appropriate personnel action against such employee, up to and including termination, or
(ii) require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by
a Federal, State, or local health, law enforcement, or other appropriate agency; and
(7) Make a good faith effort to maintain a drug -free workplace through implementation of subparagraph (b)(1-6) of this clause.
(c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance in the performance of this contract.
(d) In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (b) and (c) of
this clause may, pursuant to FAR 23.506, render the Contractor subject to suspension of contract payments, termination of the contract for default, and
suspension or debarment.
47. 52.215-22 - PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (APRIL 1988)
(a) The price or cost of the contract shall be reduced accordingly and the contract shall be modified to reflect the reduction if any price, including profit
or fee, negotiated in connection with this contract or any cost reimbursable under this contract was increase by any significant amount because
(1) the Contractor or a subcontractor furnished cost or pricing data that were not complete, accurate, and current as certified in its "Certificate
of Current Cost or Pricing Data,'
PT
(2) a subcontractor or prospective subcontractor furnished the Contractor cost or pricing data that were not complete, accurate, and current as
certified in the Contractor's "Certificate of Current Cost or Pricing Data," or
(3) any of these parties furnished data of any description that were not accurate.
(b) Any reduction in the contract price under paragraph (a) above due to defective data from a prospective subcontractor that was not subsequently
awarded the subcontract shall be limited to the amount, plus applicable overhead and profit markup, by which (1) the actual subcontract, or (2) the actual
cost to the Contractor if there was no subcontract, was less than the prospective subcontract cost estimate submitted by the Contractor, provided that
the actual subcontract price was not itself affected by defective cost or pricing data.
48. 52.215-24 - SUBCONTRACTOR COST OR PRICING DATA (APRIL 1985)
(a) Before awarding any subcontract expected to exceed $100,000 when entered into or before pricing any subcontract modification involving a pricing
adjustment expected to exceed $100,000, the Contractor shall require the subcontractor to submit cost or pricing data (actually or by specific identification
in writing), unless the price is
(1) based on adequate price competition;
(2) based on established catalog or market prices of commercial items sold in substantial quantities to the general public; or
(3) set by law or regulation.
(b) The Contractor shall require the subcontractor to certify in substantially the form prescribed in FAR Subsection 15.804-4 that, to the best of its
knowledge and belief, the data submitted under paragraph (a) above were accurate, complete, and current as of the date of agreement on the negotiated
price of the subcontract or subcontract modification.
(c) In each subcontract that exceeds $100,000 when entered into, the Contractor shall insert either
(1) the substance of this clause, including this paragraph (c), if paragraph (a) above requires submission of cost or pricing data for the subcontract,
or
(2) the substance of the clause at FAR 52.215-25, Subcontractor Cost or Pricing Data - Modifications.
49. 52.223-2 - CLEAN AIR AND WATER (APRIL 1984)
(a) Definitions
(1) "Air Act," as used in this clause, means the Clean Air Act (42 U.S.C. 7401 et seq.).
(2) "Clean air standards," as used in this clause, means
(i) any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, work practices, or other requirements
contained in, issued under, or otherwise adopted under the Air Act or Executive Order 11738;
(ii) an applicable implementation plan as described in Section 110(d) of the Air Act (42 U.S.C. 7410(d);
(iii) an approved implementation plan as described in Section I II(c) or Section 111(d) of the Air Act (42 U.S.C. 7411(c) or (d)); and
(iv) an approved implementation procedure under Section 112(d) of the Air Act (42 U.S.C. 7412(d).
(3) "Water Act," as used in this clause, means Clean. Water Act (33 U.S.C. 1251 et seq.).
(4) "Clean water standards," as used in this clause, means any enforceable limitation, control, condition, prohibition, standard, or other
requirement promulgated under the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State
under an approved program, as authorized by Section 402 of the Water Act (33 U.S.C. 1342), or by local government to ensure compliance with
pretreatment regulations as required by Section 307 of the Water Act (33 U.S.C. 1317).
22
(5) "Compliance," as used in this clause, means compliance with
(i) clean air or water standards or
(ii) a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency, or an air or water
pollution control agency under the requirements of the Air Act or Water Act and related regulations.
(6) 'Facility," as used in this clause, means any building, plant, installation, structure, mine, vessel or other floating craft, location, or site of
operations owned, leased, or supervised by a Contractor or subcontractor and used in the performance of a contract or subcontract. When a location
or site of operations includes more than one building, plant, installation, or structure, the entire location or site shall be deemed a facility except
when the Administrator, or a designee of the Environmental Protection Agency, determines that independent facilities are collocated in one
geographical area.
(b) The Contractor agrees
(1) to comply with all the requirements of Section 114 of the Clean Air Act (42 U.S.C. 7414) and Section 308 of the Clean Water Act (33 U.S.C.
1318) relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in Section 114 and Section 308
of the Air Act and the Water Act, and all regulations and guidelines issued to implement those acts before the award of this contract;
(2) that no portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency List
of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of the facility from the listing;
(3) to use best efforts to comply with clean air standards and clean water standards at the facility in which the contract is being performed; and
(4) to insert the substance of this clause into any nonexempt subcontract, including this subparagraph (b)(4).
-_SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN (FEBRUARY 1990)
Ti�is__lease incorporates the clause at FAR 52:219-9 by reference. It has the same force and effect as if it were included in -full text:
x 51 s'52 19�1b' LIQUIDATED DAMAGES--SMALL'.BUSINESS SUBCONTRACTINGPLAN ZAUGUST 1989) = k
-(a) -"Failure to make a good faitheffort to comply with the subcontracting plan,' as used in this clause, means a willful or intentional failure to perform
in accordance with the requirements of the subcontracting plan approved under the clause in this contract entitled "Small Business and Small
Disadvantages Business Subcontracting Plan," or willful or intentional action to frustrate the plan.
(b) If, at contract completion or in the case of a commercial product plans, at the close of the fiscal year for which the plan is applicable, the Contractor
has failed to meet its subcontracting goals and the Contracting Officer decides in accordance with paragraph (c) of this clause that the Contractor failed
to make a good faith effort to comply with its subcontracting plan, established in accordance with the clause in this contract entitled Small and
Disadvantaged Business Subcontracting Plans, the Contractor shall pay the Government liquidated damages in an amount stated. The amount of damages
attributable to the Contractor's failure to comply shall be an amount equal to the actual dollar amount by which the Contractor failed to achieve each
subcontract goal or, in the case of a commercial products plan, that portion of the dollar amount allocable to Government contracts by which the
Contractor failed to achieve each subcontract goal.
(c) Before the Contracting Officer makes a final decision that the Contractor has failed to make such good faith effort, the Contracting Officer shall
give the Contractor written notice specifying the failure and permitting the contractor to demonstrate what good faith efforts have been made. Failure
to respond to the notice may be taken as an admission that no valid explanation exists. If, after consideration of all the pertinent data, the Contracting
Officer finds that the Contractor failed to make a good faith effort to comply with the subcontracting plan, the Contracting Officer shall issue a final
decision to that effect and require that the Contractor pay the Government liquidated damages as provided in paragraph (b) of this clause.
(d) The Contractor shall have right of appeal, under the clause in the contract entitled Disputes, from any final decision of the Contracting Officer.
(e) Liquidated damages shall be in addition to any other remedies that the Government may have.
52. $2.222-28 - EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTS (APRIL 19841
Notwithstanding the clause of this contract entitled "Subcontracts," the Contractor shall not enter into a first -tier subcontract for an estimated or actual amount
of $1 million or more without obtaining in writing from the Contracting Officer a clearance that the proposed subcontractor is in compliance with equal
opportunity requirements and therefore is eligible for award.
23
53. 552.222-28 - TAX ADJUSTMENT (ALTERNATE) (APRIL 1990)
(a) The Government shall pay additional rent for its share of increases in real estate taxes over taxes paid for the calendar year in which its lease
commences (base year). Payment will be in a lump sum and become due on the first workday of the month following the month in which paid tax
receipts for the base year and the current year are presented, or the anniversary date of the lease, whichever is later. The Government will be responsible
for payment only if the receipts are submitted within 60 days of the date the tax payment is due. If no full tax assessment is made during the calendar
year in which the Government lease commences, the base year will be the first year of a full assessment.
(b) The Government's share of the tax increase will be based on the ratio of the square feet occupied by the Government to the total rentable square
feet in the building. If the Government's lease terminates before the end of a calendar year, payment will be based on the percentage of the year in
which the Government occupied space. The Government will not make adjustments for late fees and other penalties levied by the taxing authority and
paid by the lessor.
If there is any variance between the assessed value of Government's space and other space in the building, the Government may adjust the basis for
determining its share of the tax increase.
(c) The Government may contest the tax assessment by initiating legal proceedings on behalf of the Government and the Lessor or the Government
alone. If the Government is precluded from taking legal action, the Lessor shall contest the assessment upon reasonable notice by the Government.
The Government shall reimburse the Lessor for all costs and shall execute all documents required for the legal proceedings. The Lessor shall agree with
the accuracy of the documents. The Government shall receive its share of any tax refund. If the Government elects to contest the tax assessment,
payment of the adjusted rent shall become due on the first workday of the month following conclusion of the appeal proceedings.
(d) In the event of any decreases in real estate taxes occurring during the term of occupancy under the lease, the rental amount will be reduced
accordingly. The amount of any such reductions will be determined in the same manner as increases in rent provided under this clause.
(e) The Government shall not be liable for increases in taxes under this section resulting from improvements to the premises which disproportionally
benefit portions of the premises not occupied by the Government.
(f) Taxes allowable under this section are those used to fund general local governmental services and purposes. Levies to fund public improvements
for a particular property or district (such as drainage, roads, street lights, bridges, etc.) and which enhance the value of the specific property are not
allowable as part of the base year tax or the subsequent adjustments.
54. 552.270-23 -OPERATING COSTS (ALTERNATE)(APRIL 1990)
(a) Beginning with the second year of the lease and each year after, the Government shall pay adjusted rent for changes invariable operating costs for
services and utilities furnished. Applicable costs listed in Section VI, Operating Cost Information, on the Proposal to Lease Form, when approved by
the Contracting Officer, will be used to determine the base rate for operating costs adjustment.
(b) The amount of adjustment will be determined by multiplying the base rate by the percent of change in the Cost of Living Index. The percent change
will be computed by comparing the index figure published for the month two months prior to the lease commencement date with the index figure
published for the same month in the succeeding year. For example, a lease which commences in June of 1985 would use the index published for April
of 1985 and that figure would be compared with the index published for April of 1986, April of 1987, and so on, to determine the percentage change.
The Cost of Living Index will be measured by the U. S. Department of Labor Consumer Price Index for Urban Wage Earners and Clerical Workers.
U.S. City Average, All Items Index (1982-84 = 100), published by the Bureau of Labor Statistics. Payment will be made with the monthly installment
of fixed rent. Rental adjustments will be effective on the anniversary date of the lease.
(c) If the Government exercises an option to extend the lease term at the same rate as that of the original term, the rental rate will be based on the
adjustment during the original term. Annual adjustments will continue.
(d) In the event of any decreases in the Cost of Living Index occurring during the term of the occupancy under the lease, the rental amount will be
reduced accordingly. The amount of such reductions will be determined in the same manner as increases in rent provided under this clause.
(e) The offer must clearly state whether the rental is firm throughout the term of the lease or if it is subject to annual adjustment of operating costs
as indicated above. If operating_ costs will be subject to adjustment, it should be specified on the Proposal to Lease Space, contained elsewhere in this
solicitation.
55. 52.252-2 - CLAUSES INCORPORATED BY REFERENCE (JUN 1988)
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.
56. 52.203-12 - LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JANUARY 1990)
24
rLICITATION FOR OFFER NO. M94012
PART IV
DESCRIPTION OF GOVERNMENT SPACE REQUIREMENTS,
TERM OF LEASE
A. LOCATION
1. The space must be located within a one -mile radius of Lubbock International Airport, Lubbock, Texas.
2. Office and related use space for the National Weather Service (NWS) must be geographically located at Lubbock International
Airport, Lubock, Texas.
3. Offers will be considered only if proposed sites meet the following requirements:
a. Access is available to the site on an all-weather road, which is kept clear of mud, and other potential obstructions to allow
safe and unimpeded access to the NWS space on a 24-hour basis.
b. The site is situated near enough to the Airport to allow connection with underground cables which connect instruments at
various locations on the Airport with monitoring equipment housed in the NWS space.
c. The site has adequate ground space available for installation and maintenance of its meteorological monitoring equipment,
and related underground cables from equipment to the NWS space.
d. Roof space is available for weather observations and installation and maintenance of weather instruments.
e. The site is close enough, and the building has adequate fenestration or a lookout area to allow a view of the Airport runways,
approach paths, taxiways, apron, other areas where aircraft are likely to be and an unobstructed view of the horizon for
observations of visually determined weather elements such as sky cover, visibility, and cloud ceiling.
B. TYPE AND AMOUNT OF NET USABLE SPACE
1. Offers are solicited for a minimum of 2,408 net usable (see paragraph 4 below for definition of net usable) square feet of office
space and ground and/or roof space as may be mutually agreeable.
2. Space offered must be in a quality building of sound and substantial construction and shall conform or be capable of being
altered to conform with the requirements set forth in this SFO.
3. Additional information on specifications and architectural finishes is contained in Part V of this SFO.
4. "Net Usable Space" is the method of measurement for the area for which the Government will pay a square foot rate. It is
determined as follows:
a. If the space is on a single tenancy floor, compute the inside gross area by measuring between the inside finish of permanent
exterior building walls or from the face of convectors (pipes or other wall -hung fixtures) if the convector occupies at least 50%
of the length of exterior walls.
b. If the space is on a multiple tenancy floor, compute the net usable area by measuring from the inside finish of permanent
exterior building walls, or from the face of convectors (pipes or other wall -hung fixtures) if convectors occupy at least 50 percent
of the length of exterior walls, to the room side finish of fixed corridor and shaft walls and/or the center of tenant -separating
partitions.
c. In all measurements, make no deductions for columns and projections enclosing the structural elements of the building and
deduct the following from the gross area including their enclosing walls:
1) Toilets and lounges
2) Stairwells
?ICITATION FOR OFFER NO. M94012
3) Elevators and escalator shafts
4) Building equipment and service areas
5) Entrance and elevator lobbies
6) Stacks and shafts, and
7) Corridors in place or required by local codes and ordinances.
d. Rights to use appurtenant areas and facilities are included.
5. Floorplans
Thirty days after occupancy or execution of a lease, the Lessor must submit reproducible floor plans to a scale of 1/8" or 1/4"
showing rented space and identifying entrances, exits, stairs, windows, partitions, closets, etc.
C. TERM OF LEASE
The term will be from October 1, 1994 through September 30, 1995. Annual adjustments for services may be permitted as outlined
elsewhere in this solicitation.
D. PARKING
Parking should be available for three 3 Government employees. Adequate parking should be available for the general public.
E. RENEWAL OF LEASE
The Government desires the right to renew any lease resulting from this offer, with the same terms and conditions as the original
lease, provided notice be given by the Government in writing to Lessor at least 30 calendar days, computed from the date of the
mailing of notice, before lease or any renewal thereof would otherwise expire.
F. HOLDOVER
If, after expiration of the lease, the Government shall retain possession of the premises, the lease shall continue in force and effect
on a month -to -month basis. Rental shall be paid monthly in arrears on a prorated basis at the rate paid during the previous lease
term.
G. RELOCATION
If at any time during the period of this lease or any renewal thereof, the Lessor desires to change the location of sites furnished the
Government pursuant to this agreement, or the Lessor changes or modifies his facilities (runways and other areas) in such a manner
so as to adversely affect or render useless Weather Service equipment, facilities and/or their related power, control or signal lines,
any expenses for repair, or for removal of facilities and installation of equivalent facilities at any other site agreeable to the
Government shall be at the expense of the Lessor.
PART V
GENERAL BUILDING REQUIREMENTS AND SPECIFICATIONS
A. GENERAL
All work in performance of this lease must be done by skilled workers or mechanics and be acceptable to the Contracting Officer.
Architectural finishes and building systems must comply with all applicable local codes and ordinances, including health and safety
codes, and comply with the safety and handicapped accessibility requirements of Parts VII and VIII of this SFO.
B. HEATING, VENTILATION, AND AIR CONDITIONING (HVAC)
1. Unless otherwise stated as "Special requirements" elsewhere in this Solicitation, HVAC systems should maintain a temperature
range of 65-68- Fahrenheit during the heating season and a range of 78-80- Fahrenheit during the cooling season. These
temperatures must be maintained throughout the leased premises and service areas regardless of outside temperatures, during the
ICITATION FOR OFFER NO. M94012
hours of operation specified in the lease.; Areas having excessive heat gain or heat loss, or affected by solar radiation at different
times of the day, shall be independently controlled so that the interior temperature conditions stipulated can be maintained.
2. During nonworking hours, the space temperature shall be maintained no higher than 55- during the heating season. No cooling
is to be provided during non -working hours.
3. HVAC facilities shall function as required by current standards and recommendations of the American Society of Heating,
Refrigerating and Air Conditioning Engineers, Inc.; and the National Fire Protection Association Standards 90A and 91, except for
the temperaturevariations indicated above.
4. Outside air intake during heating and cooling seasons shall be reduced to the greatest extent feasible. Under most conditions,
a 10 percent outside air intake will be adequate for general office space. Under certain outside air temperature and humidity
conditions, the use of up to 100 percent outside air will be the most energy -economical method of operation.
C. ELECTRICAL, MECHANICAL, AND PLUMBING
1. The Lessor shall provide and operate all building equipment and systems in accordance with applicable technical publications,
manuals, and standard procedures. Mains, lines, and meters for utilities shall be provided by the Lessor. 110 volt alternating current
with duplex outlets is required. Each office workstation should have a minimum of two duplex wall outlets. The location and
quantity of electrical outlets will be determined by the Contracting Officer.
2. The Lessor shall be responsible for meeting the applicable requirements of the National Electric Code, the National Electric
Safety Code, Standards of the National Electric Manufacturers' Association, Insulated Power Cable Engineers' Association, the
American Institute of Electrical Engineers, and local codes and ordinances. When codes conflict, the more stringent standard shall
apply. Main service facilities will be enclosed. The enclosure may not be used for storage or other purposes. Distribution panels
must be circuit breaker type and shall be plainly marked or labelled to identify circuits or equipment supplied through them.
D. TELEPHONE EQUIPMENT
The Government reserves the right to provide its own telecommunication (voice and data) service in the space to be leased. The
Government may contract with another party to have inside wiring and telephone equipment installed or use wiring provided by
the Lessor, if available. In any case, space for telecommunication equipment shall be provided by the Lessor. If Lessor is to
provide telephone service, a minimum of one voice and one data telephone line will be required for each office work station. One
additional line for telefax use will be required for the reception area.
E. ELEVATORS
The Lessor shall provide suitable passenger and freight elevator service to all DOC-leased space not having ground level access.
Service shall be available during normal working hours as detailed in this solicitation; however, one elevator shall be available at
all times for the Government's use. DOC will be given 24-hour advance notice if the service is to be interrupted more than 1-1/2
hours.
Elevators shall be inspected and maintained in accordance with ANSI A 17.2, Inspector's Manual for Elevators, or equivalent local
code. They shall also comply with local codes and ordinances.
F. LIGHTING
The Lessor shall provide incandescent or fluorescent fixtures with thermally protected ballasts capable of producing and maintaining
a uniform lighting level of 50 foot candles at working surface height throughout the space. Building entrances and parking areas
must be lighted. The Lessor will provide initial supply, installation and replacement of light bulbs, tubes, ballasts, and starters (this
includes moving and return of furniture, if necessary).
G. FLOOR LOAD
Office area shall have a minimum live load capacity of 50 pounds per square foot live load plus 20 pounds per square foot for
movable partitions; Storage areas shall have a minimum live load capacity of 100 pounds per square foot including movable
partitions; Library areas shall have a floor load of 250 pounds per square foot; and ADP space shall have a floor load of 100 pounds
per square foot, or as required under local building codes and the Uniform Building Code. All adjoining floor areas must be of
ICITATION FOR OFFER NO. M94012
a common level and have a non -slip surface. Underfloor surfaces must be smooth and level. Written certification of the floor load
capacity, at no cost to the Government, by a registered professional engineer may be required.
H. CEILINGS
Ceilings must be at least 8'0" and no more than 11'0" clear from floor to the lowest obstruction. They must have acoustical
treatment which performs at a noise reduction coefficient of at least 0.65.
I. REST ROOMS
1. Toilet facilities shall be provided on each floor where the Government leases space. Water closets and urinals shall not be visible
when the exterior restroom door is open or the exterior restroom door will be lockable. Each water closet stall shall contain toilet
paper dispensers, disposable toilet seat cover dispensers, and a coat hook on the inside face of the stall door.
2. Each restroom shall contain at least one lavatory with a mirror located above it, soap dispensers, paper towel dispensers, waste
receptacles, a convenience outlet, several coat hooks on wall locations near lavatories, and hot and cold water. Each women's
restroom shall contain a coin operated sanitary napkin and tampon dispenser with receptacle. The Government will advise if
additional facilities are required.
J. DRINKING FOUNTAINS
The Lessor shall provide a minimum of one chilled drinking fountain on each floor where the Government leases space.
K. PARTITIONS
1. The Lessor shall construct and paint ceiling -high partitions where required by the Government. These partitions shall have low
sound transmission, and comply with local building and safety requirements. Demolition of existing improvements necessary to
satisfy the Government's layout shall be done at the Lessor's expense. Partitioning requirements may be met with existing partitions
if they meet the Government's standards and layout requirements.
2. Partitions may be pre -finished or taped and painted. HVAC must be re -balanced and lighting repositioned, as appropriate, after
installation of partitions.
L. PAINTING
Prior to occupancy or by a later date agreed to between Lessor and Contracting Officer, all surfaces designated by DOC for painting
must be newly painted in colors acceptable to DOC.
M. SECURITY
1. The Lessor shall provide security comparable to the types of protection given similar enterprises to prevent illegal entry or
loitering in the space leased and to prevent unauthorized entry during off -duty hours.
2. Off-street ground level windows and those accessible from fire escapes and adjacent roofs must have sturdy locking devices.
3. The Government reserves the right to provide or arrange to provide additional protective services consisting of law enforcement
and security activities to ensure the safety of all visitors and occupants of Government space, to safeguard the Government's real
and personal property, and to prevent interference with or disruption on all property under Government control. This may include
but is not limited to security guard service and alarm systems or devices.
4. Janitorial service contractors and personnel shall be bonded.
N. WINDOWS/WINDOW COVERINGS
1. All windows must be weathertight. Operable windows must have locks. All exterior windows shall be equipped with window
blinds or draperies.
ELICITATION FOR OFFER NO. M94012
2. Existing window covering may be accepted, provided it is in good condition. If accepted by the Contracting Officer, it must
be thoroughly cleaned prior to the Government's occupancy.
O. FLOOR COVERING
1. Floor covering may be either resilient flooring or carpet, except as otherwise specified in this SFO. Vinyl asbestos floor the
shall not be used for new installations. Carpet shall meet anti -static and safety specifications. Resilient flooring is to be used in
reproduction rooms, storage, file, and other specialty rooms, including food service areas. Floor perimeters at partitions shall have
wood, rubber, vinyl or carpet.
2. Existing floor covering or carpeting may be accepted, provided it is in good condition. If accepted by the Contracting Officer,
it must be thoroughly cleaned prior to the Government's occupancy.
3. Carpet. The carpet construction may be woven or tufted loop pile. For control of static buildup, 3.5 KV maximum with built-in
static dissipation is recommended; however, "static controlled" is acceptable.
4. Carpet Installation. Installation will be in accordance with manufacturing -instructions. Carpeting will be properly stretched to
lay smooth and even. When carpet must be newly installed or changed, the offeror will provide the Government a minimum of
five samples which vary in color. The sample and color must be approved by the Government prior to installation. No substitutes
will be made by the offeror after sample selection without the Contracting Officer's approval. Offeror will ensure by inspection
that all of the above requirements are met. The Government reserves the right to perform further inspections and may require
written certification of compliance by the offeror.
5. Carpet Replacement. Carpet shall be replaced at the Lessor's expense at least every 10 years during DOC occupancy, including
renewal terms, or anytime during the lease when:
- backing or underlayment is exposed, or;
- there are noticeable variations in surface color or texture.
6. Resilient flooring shall be replaced by the Lessor at no cost to the Government prior to or during Government occupancy when
it has curls, upturned edges, or erosion.
P. DOORS
Exterior doors shall be solid core wood or steel doors and shall be weather tight, be equipped with automatic door closers, and shall
open outward. Corridor and outside doors must be equipped with cylinder locks and door checks. Interior doors shall be of solid
core construction. Doors must have a minimum opening of 32 inches by 80 inches.
PART VI
SERVICES, UTILITIES, AND MAINTENANCE
A. GENERAL
1. The following service requirements are to be provided by the Lessor as part of the rental consideration. The Lessor must have
a building superintendent or designated representative available to promptly correct deficiencies. Services shall be provided by the
Lessor throughout the life of the lease.
2. Within 30 days of an executed lease, Lessor shall install a door which can be locked, at the south entrance of the currently
occupied space.
3. Within 60 days after occupancy by the Government, the Lessor shall provide the Contracting Officer with a detailed written
schedule of all periodic services and maintenance to be performed.
B. NORMAL HOURS
Services shall be provided daily, including Saturdays, Sundays, and federal holidays.
D.,.... In -4r I G
ICITATION FOR OFFER NO. M94012
4
C. OVERTIME USAGE
The Government shall have access to the leased space at all times, including the use of elevators, toilets, lights and small business
machines without additional payment.
Lessor shall not be paid for any services which are not authorized in advance by the DOC Contracting Officer or his/her designee.
Upon presentation of a properly certified invoice, payment will be made by the Government for services requested and furnished.
D. JANITORIAL
if allowed, shall not interfere with Government business. The Lessor shall maintain the leased premises, including outside eas,
in a clean condition and shall provide supplies and equipment. Performance will be based on the Contracting Officer's is/her
representative's evaluation of results, not the frequency or method of performance. Services shall be furnished in acc dance with
the following schedule showing frequency and work to be accomplished:
Daily - Empty trash receptacles and clean ashtrays. Sweep entrances, lobbies and corridors. Spot sweep oors and spot vacuum
carpets. Clean drinking fountains. Sweep and damp mop or scrub toilet rooms. Clean all toilet ures and replenish toilet
supplies. Dispose of all trash and garbage generated in or about the buildings. Police sidewalks, ing areas, driveways, lawns
and shrubbery.
Every Other Day - Sweep or vacuum stair landings and steps.
Weekly - Damp mop and spray buff all resilient floors in toZSweepwalks, parking areas and driveways, weather
permitting.
Every Two Weeks - Spray buff resilient floors in secondary cornd lobbies. Wet mop and spray buff hard and
resilient floors in office space.
Monthly - Thoroughly dust all horizontal surfaces of fumi re in office areas. Thoroughly vacuum carpets and/or sweep full floor
areas in office space. Spot clean wall surfaces. Swe the full floor area in storage space.
Every Two Months - Damp wipe toilet wastepa r receptacles, staff partitions, doors, window sills and frames. Clean entrance and
elevator carpets.
Quarterly - Dust vertical surfaces arWwalls in office areas.
Semi-annually - Strip and ap finish to resilient floors in toilets. Strip and refinish main corridors and other heavy traffic areas.
Wash both sides of exter windows.
Annualo
- Wash venetian blinds. Vacuum all drapes in place. Strip and refinish floors in offices and secondary lobbies and
corrido
Eve Years - Shampoo carpets in non-public areas.
As Required - Cut grass, maintain plants. During inclement weather, lay out floor mats in entrance and lobbies. Remove snow
from walks, drives and parking area if accumulation is more than 3 inches. Clean and store mats when no longer required. Perform
trash removal, pest control, lawn and grounds maintenance, and snow and ice removal. Provide initial supply, installation and
replacement of light bulbs, tubes, ballasts and starters.
E. UTILITIES
The Lessor shall ensure that utilities necessary for operation are available. If the cost of utilities is not included as part of the rental
consideration, the offeror must specify which utilities are excluded in Section VI of the "Proposal to Lease Building Space" form,
or on Block 19 of Form 1364. The Lessor shall provide separate meters for utilities to be paid for by DOC. When DOC is to pay
for utilities, the Lessor will furnish the Contracting Officer, prior to execution of the lease, written verification of the meter numbers
u
ICITATION FOR OFFER NO. M94012
and certification that these meters measure DOC usage only. Proration is not permissible. If the cost of utilities for HVAC is not
included as part of the rental consideration, an automatic control system will be provided to assure compliance with the heating and
air conditioning provisions included in this solicitation.
F. MAINTENANCE AND TESTING OF SYSTEMS
1. The Lessor is responsible for the total maintenance and repair of the leased premises in accordance with Paragraph 3 of the
General Clauses attached to this SFO. Such maintenance and repairs include site and private access roads. All equipment and
systems shall be maintained to provide reliable, energy efficient service without unusual inteiTuption, disturbing noises, exposure
to fire or safety 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 work on, testing of, and inspection of appropriate equipment and systems must be done in accordance with applicable
codes, and inspection certificates must be displayed as appropriate. Copies of all records in this regard shall be forwarded to the
Contracting Officer.
2. Without any additional charge, the Government reserves the right to require the Lessor or his representative to test, once a year,
with proper notice, such systems as fire alarm, sprinkler, emergency generator, etc., to ensure proper operation. Upon request,
appropriate operations and maintenance manuals shall be made available for the Government's review during these tests. These
tests shall be witnessed by a representative of the Contracting Officer at his/her request.
G. PAINTING
Prior to exercise of a lease renewal option, or on a five-year cycle, all painted surfaces must be repainted, after working hours, at
Lessor's expense. This includes moving and return of the furniture.
H. ALTERATIONS
The DOC may require special alterations in the space. The Government reserves the right to contract separately for such facilities,
equipment and/or installations, or it may require Lessor to perform such work. In the event the Government requires Lessor to
complete such alterations, Lessor will be required to submit a detailed cost estimate to the Contracting Officer within 30 days after
receipt of complete specifications. If the Government contracts with the Lessor, payment will be made on a lump -sum basis or
through increased rental payments at the Government's option.
PART VII
FIRE, SAFETY, AND SECURITY REQUIREMENTS
A. GENERAL
1. Equipment, services, or utilities furnished and activities of other occupants shall be free of safety, health, and fire hazards which
affect Government operations, personnel, or property. When hazards are detected, they must be promptly corrected at the Lessor's
expense.
2. Buildings in which space is offered for lease will be evaluated in accordance with the NFPA.
3. Generally, the evaluation will take into account: building construction type; height; existing and proposed occupancies; location,
in relation to grade, of the space proposed for government occupancy; means of egress; building. evacuation times; fire department
response time; existing or proposed sprinkler systems; presence of friable asbestos; manual fire alarm systems; and other factors.
4. Offerors will be advised of the findings of the evaluation. Correctable deficiencies shall be addressed during negotiations, and
agreements reached thereon by the Contracting Officer and the Offeror shall form a written part of any ensuing lease contract.
B. PORTABLE FIRE EXTINGUISHERS
Portable fire extinguishers meeting requirements of NFPA Standard No. 10 shall be provided and maintained by the Lessor. Initial
and replacement charges for fire extinguishers shall be provided by the Lessor. Inspection (quick check) and maintenance (thorough
check) of these extinguishers shall be done in accordance with NFPA Standard No. 10.
D..__ V) ..O 1 G
' ICITATION FOR OFFER NO. M94012
C. STANDPIPES
Standpipes shall be provided when Government occupancy is four or more floors above grade and shall conform to NFPA Standard
No. 14. Standpipes shall be located in stairwells and shall be equipped with a 2-1/2 inch valved outlet at each floor level.
D. ELEVATOR RECALL
For buildings in which the space offered for lease to the Government is on the eighth floor or above, automatic elevator emergency
recall is required. If the highest floor of Government occupancy is on the 6th'or 7th floor and automatic emergency elevator recall
is not provided, this function shall be manually achieved using a key that the local fire department possesses or has ready access
to. No recall system is required if the Government's space is on the 5th floor or below.
E. AUTOMATIC SPRINKLER PROTECTION
1. Regardless of the amount of space, when the Government leases space on the sixth floor or above, all floors up to and including
the floor of occupancy must be sprinklered. All floors on which the Government occupies below grade space, regardless of the
amount, must be sprinklered (includes garage areas under lease by the Government).
2. If the building or space is not sprinklered, multi -purpose (AB&C) fire extinguishers of 10 to 30 pounds will be located near each
outside entrance of the building.
F. MANUAL FIRE ALARM SYSTEMS
1. A manual fire alarm system shall be provided in buildings which are 3 or more stories in height; in buildings occupied by 100
or more Federal employees above or below grade; and in buildings containing more than 50,000 square feet gross floor area.
Manual fire alarm stations shall be mounted 42 to 54 inches above the floor and located in normal exit paths on each floor at or
near stairways and exits. An alarm shall automatically sound throughout the building unless required to sound only on the fire floor
by local code. The alarm shall be bells, horn, or recorded voice messages. Alarms shall be automatically sent to the local fire
department in accordance with NFPA Standard 72B or 72C or to a privately operated central station protective signaling system
conforming to NFPA Standard No. 71. Installation, maintenance, operation, testing, and equipment shall conform to NFPA Standard
No. 72A and chapter 4 of NFPA 72H.
2. The fire alarm system wiring and equipment must be electrically supervised. Emergency power must be provided. It must be
able to operate the system in the supervisory mode for 24 hours and operate all alarm devices and system output signals for at least
30 minutes for buildings less than 12 stories high and for 1 hour for buildings 12 or more stories. All alarm initiating devices,
except smoke detectors, must be capable of signalling an alarm during a single break or a single ground fault.
3. When the Government's occupancy is on the 6th floor or above, all floors, including those below, shall have an emergency
telephone system. This system must permit two-way communication between a control console and any emergency telephone
station. Emergency telephone stations must be provided adjacent to each stairway and exit discharge from the building, at each
elevator lobby on the ground floor, and at each floor which has been designated as the one for alternate elevator recall.
G. FIRE DOORS
Fire doors shall conform with NFPA Standard No. 80.
H. EXIT AND EMERGENCY LIGHTING
Emergency lighting must provide at least 0.5 foot candle of illumination throughout the exit path, including exit access routes, exit
stairways, or other routes such as passageways to the outside of the building. The emergency lighting system used must be such
that it will operate even if the public utility power fails, except that in buildings 6 stories or less, the system may be powered from
connections to separate sub -stations or to a network system from the public utility. Automatic switching must be provided for the
emergency power supply.
I. EXITS AND ACCESS
The minimum width of any corridor or passageway serving as a required exit or means of travel to or from a required exit must
be not less than 44 inches clear width.
r
(0&*)— ICITATION FOR OFFER NO. M94012
J. ASBESTOS
1. Friable Asbestos
a. No friable asbestos -containing materials (e.g., fireproofing, insulation on building structures, acoustical treatment, molded
or wet -applied ceiling and wall finishes, decorations) are acceptable. If present, such materials shall be removed, encapsulated,
or enclosed by the successful offeror prior to occupancy by the Government. The method of abatement used by the offeror must
be agreed upon by the Contracting Officer prior to the award of a lease contract.
b. Post -asbestos abatement air monitoring requirements, in accordance with Government procedures, are to be complied with
by the Lessor when applicable.
c. A special operations and maintenance program in accordance with Chapter 10 of GSA's Handbook numbered PBS P 5900.213
must be established and approved by the Contracting Officer for any abatement actions other than removal.
2. Non -Friable Asbestos
a. Space containing non -friable asbestos materials (e.g. pipe and boiler insulation and ceiling tile) is permitted provided the
materials are in good condition and are located in an area where they are not likely to be disturbed or damaged during the lease
term. A special operations and maintenance program, in accordance with Chapter 10 referenced above, must be established and
approved by the Contracting Officer prior to the award of a lease contract.
b. An acceptable abatement plan must also be agreed upon, prior to the lease award, in the event abatement of the materials
becomes necessary during the lease term.
c. For space in buildings containing ACM as defined in paragraph 2 of the Representations and Certifications, offerors must
include with their offer (unless the time frame is otherwise extended by the Contracting Officer) an asbestos testing report,
acceptable to the Contracting Officer. The asbestos testing report must consist of the identity and evidence of the qualifications
(education and experience) of the person collecting bulk samples, the bulk sample log, and, if applicable, an abatement plan
prepared in accordance with Chapter 10 of GSA's handbook numbered PBS P 5900.213. The samples must be analyzed by a
laboratory which has successfully participated in the Environmental Protection Agency (EPA) quality assurance program.
Successful participation is defined as participation in at least 2 of the last 3 rounds in the EPA program and correct analysis of
at least 75 percent of the samples tested in these rounds. All action taken to ensure compliance with this requirement shall be
accomplished at no expense to the Government.
3. Asbestos in a solid matrix already in place (e.g. vinyl asbestos floor tile, sheetrock/drywall) will be permitted provided it is not
damaged or deteriorated and a special operations and maintenance program, in accordance with Chapter 10, Appendix J of GSA's
Handbook PBS P 5900.213 is established and approved by the Contracting Officer prior to the award of a lease.
K. OSHA REQUIREMENTS
The Lessor agrees to comply with Occupational Safety and Health Administration (OSHA) safety and health standards which are
located in Title 29 of the Code of Federal Regulations (29 CFR).
PART VIII
HANDICAPPED ACCESSIBILITY REQUIREMENTS
A. GENERAL
Accessibility requirements of the Government are governed by the requirements specified in the Uniform Federal Accessibility
Standards (UFAS) as published in the Federal Register, Volume 49, No. 153, Tuesday, August 7, 1984, portion of which are detailed
below. Space leased by the Government must meet the following minimum accessibility requirements.
Parrs I of IG
:? [CITATION FOR OFFER NO. M94012
B. PARKING
If parking is provided, then at least one or up to four percent of those parking spaces closest to the building should be designated
for use by the physically handicapped. These spaces shall be at least eight feet wide with a five -foot -wide access aisle to walks
and ramps. Two spaces may share a common aisle.
C. WALKS
At least one accessible route having no steps or abrupt changes in level shall be provided from the accessible parking space(s),
public sidewalk(s), and transportation stop(s), if provided, into each accessible primary building entrance. Public walks in these
access paths should be at least 36 inches wide with a slope no greater than one foot rise in 20 feet. It shall be stable, firm, and slip
resistant.
D. RAMPS
Where ramps are necessary or desired, they shall be of, a non -slip surface, with a slope no greater than one foot rise in 12 feet.
They must have a minimum clear width of 3 feet with level landings at the top and bottom of each ramp run. Each landing shall
be as wide as the widest ramp run leading into it. Landings on a straight run ramp shall be 5 feet minimum. Intermediate landing
for turning ramps shall be a minimum of 5 feet by 5 feet. Continuous handrails shall be provided on both sides of all ramps with
a vertical rise greater than 6 inches. Ramps with vertical drop-offs greater than 6 inches shall have curbs, walls, railings, or
projecting surfaces.
E. ENTRANCES
At least one main entrance shall be accessible. It shall be connected by an accessible walk to handicapped parking, public street(s),
accessible elevator(s), and other accessible elements and spaces throughout the building. If power operated entrance doors are
provided, they shall comply with ANSI 156.10 (1979). Where vestibules are provided, doors in a series, in a straight line, shall
swing in the same direction and be at a distance of 48 inches plus the width of any door swinging into the space.
F. DRINKING FOUNTAINS
Water fountains shall be accessible to and usable by the physically disabled. They shall have an up -front spout and control which
is located no higher than 36 inches above the finished floor. Controls shall be hand or hand and foot operated. Conventional floor
mounted water fountains can be serviceable to individuals in wheelchairs if a clear floor space of 30 inches by 48 inches is provided
adjacent to the fountain.
G. ELEVATORS
The elevator entrance should provide a clear opening of at least 36 inches. The inside measurements shall be a minimum of 51
inches deep and 68 inches wide. The maximum permissible height for the highest call button in the elevator is 54 inches. The
highest operable part of a two-way communication system inside the cab cannot exceed 48 inches from the floor.
H. HANDICAPPED ACCESSIBLE RESTROOMS
At least one men's and one women's toilet room with accessible fixtures, accessories, doors, and adequate maneuvering clearances
shall be provided on each floor where the Government leases part or all of the floor.
PaaP PS of I S