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Home My WebLink AboutResolution - 4596 - Lease # DTFA07-95-L-01045 - FAA - Sector Field Office, LIA - 09_08_1994Resolution No. 4596 September 8, 1994 Item #20 RESOLUTION 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 Lease No. DTFA07.95-L-01045 with the United States of America for space at Lubbock International Airport for a Federal Aviation Administration Sector Field Office, 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 MP Jo n, Qty Secretary APPROVED AS TO CONTENT: 19 Newsome, Acting Director of Aviation APPROVED AS TO FORM: HW j&"T,FAkM ccdoWJWy 21,1994 Resolution No. 4596 September 8, 1994 Item #20 STANDARD FORM 2 FEBRUARY 196 EDITION-.. - U.S. GOVERNMENT GENERAL SERVICES LEASE FOR REAL PROPERTY;_. ADMINISTRATION _ FPR (61 CFR) 1-16.601 DATE OF LEASE f LEASE NO. 1 DTFA07-95-L-01045 THIS LEASE, made and entered into this date by and between CITY OF LUBBOCK, TEXAS whose address Is Asubbock International Airport Route 3, Box 389 Lubbock, Texas 79401 and whose interest in the property hereinafter described is that of hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows: 1. The Lessor hereby leases to the Government the following described premises: Thirteen rooms, hallways, and vestibule totaling 2,699 square feet as more particularly stated in Article 9 herein and shown on Exhibit "A11 attached hereto and made a part hereof, with the right to all common areas, said space, to be used for Federal Aviation Administration Lubbock Sector Field Office (SFO-II) 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on . October it 1994 ..._- ...... through .............. subject to termination and renewal rights as may be hereinafter set forth. i 3. The Government shall pay the Lessor annual rent of S... 19,t5.6.7-J 5......................................................... at the rate of E--- 4 i 891: 00---------------------------------- per ...f Iq.r-aI--qmz-r-te]C............ in arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable to: LESSOR 4•'��tlltlArct�t�t4#1#�alP�c?aix�ih}�c4ttfirniiSF�in�Et�t�Emxmxmxmxmxmxmamiikfn�lti4fi�4Ptx s.'AlC6�3C46xQiQ¢»i9emffi197BB]tlCldltcmfQJialOIIt7fnbaSnt)14c1I?atLTltara4flt4cm7eAtiSIItALA1TamAahRAil3atn�:rAFJ414TitXSE}tai;4m �farelB�ethsttllaue�ttatn�aanx�ai�mgczrmbx>E.assom�criieaarxmxmxmxmxmxldasaai�akotroc dax mstnhxfniktn�oaigi>r�r�xmactn 2-106 6. The Lessor shall furnish to the Government, as part of the rental considerition, the following: a. See Article 18 herein. b. The Lessor herein further agrees to repaint the interior of the leased space and make necessary reapirs to the driveway and parking areas prior to, or shortly after, the effective date of this agreement. 7. The following are attached and made a part hereof: a. The General Provisionsxxttbxmxotiotcsc($xmAwAxxK kAx.-May-• � 9.9.2 .. edition). b.Special lease provisions, Articles 9 through 19. c.Exhibit "A", Drawing No. DTFA RE56-4153. 8. The following changes were made in this lease prior to its execution: Articles 4 and 5, Standard Form 2 deleted entirely. Article 2 of. the General Provisions deleted entirely. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above 'tten. LESSOR T CI BB TEXAS APPROVED AS TO CONTENT: , -------------- ------------- - - - - -- --- - - - - - ` --- -- - -- -- ---- ---- ---- -------- AVID R. NGST( A�YOR 0 Actfty4Mrector of Avi ati o IN PRESEN E OF: ATTEST: Be M o n n s;dualr„e, �i t Secretar (.lddrerr, UNITED STATES OF AMERICA ----------_Contractin Officer AML BEM (Signaler 1 (Official lisle) STANDARD FORM 2 * U.S. GOVERMaNT PRINT—": OFFICE : 1983 O — 421-526 (9143 FEBRUARY IM EDITION APPROVED AS TO FORM: Harold Willard,' Assistant City Attorney Lease No. DTFA07-95--L-01045 Sector Field Office II Lubbock International Airport Lubbock, Texas SPECIAL PROVISIONS Base Util/ Rent Svcs. Total Sq. Ft PSF PSF PSF ADMINISTRATIVE Manager's Ofc/Conf. Rm. 240 $5.00 $2.25 $ 1,740.00 Secy/Reception Area 144 5.00 2.25 1,044.00 Supply Tech's Ofc/Stor. 189 5.00 2.25 1,370.25 Radar Arts Supvr. Ofc. 120 5.00 2.25 870.00 Nav/Comm Supvr Ofc 143 5.00 2.25 1,036.75 Supvrs' Clk. Steno Ofc 120 5.00 2.25 870.00 Computer/Copier Room 143 5.00 2.25 1,036.75 SUBTOTAL 1,099 $ 7,967.75 TECHNICAL Equipment Room/workshop 638 5.00 2.25 $ 4,625.50 Equipment Parts Storage 113 5.00 2.25 819.25 Remote Facilities Stor. 91 5.00 2.25 659.75 Remote Facilities Star. 104 5.00 2.25 754.00 CBI Training/Study Room 120 5.00 2.25 870.00 CBI Computer Test Room 132 5.00 2.25 957.00 SUBTOTAL 1,198 8,685.50 HALLWAYS/EXITS Vestibule 37 5.00 2.25 268.25 Hallways/Fire Exit Areas (36+11+67+34+126+91=365) 365 5.00 2.25 2.646.25 SUBTOTAL 402 1; 2,914.50 TOTAL 2,699 $19,567.75 Lease No. DTFA07-95--L-01045 Sector Field Office II Lubbock International Airport Lubbock, Texas 10. RENEWAL. OPTION• This lease may, at the option of the Government, be renewed from year to year at an annual rental of NINETEEN THOUSAND FIVE HUNDRED SIXTY SEVEN AND 75/100 DOLLARS ($19,567.75) payable in the amount of FOUR THOUSAND EIGHT HJNDRED NINETY ONE AND 94/100 DOLLARS ($4,891.94) per quarter in arrears; and otherwise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives thirty (30) days' notice that it will not exercise its option, before this lease or any renewal thereof expires; PROVIDED, that no renewal thereof shall extend the period of occupancy of the premises beyond September 30, 1999, AND PROVIDED FURTHER, that adequate appropriations are available from year to year for the payment of rentals. 11. CANCELLATION: The Government shall have the right and privilege to cancel this lease, wholly or partially, at any time during the term of this lease or during the term of any renewal thereof upon giving the Lessor thirty (30) days' notice in writing, such notice to be computed from the date of the postmark an the envelope in which such cancellation is mailed, and no rentals shall accrue after that date; EXCEPT, that portion of the lease pertaining to utilities and services, which may be renegotiated and/or canceled by either party upon thirty (30) days' written notice as defined above, and the monetary consideration of this lease adjusted therefor; PROVIDED, however, that any rate so negotiated shall not be in excess of a rate charged to any tenant of the Lessor having similar conditions of service. Utility service rates are to be computed at $2.25 per square foot per annum and the bare space rental to be computed at $5.00 per square foot per annum as shown in Article 9 herein. 12. PROMPT PAYMENT: The Prompt Payment Act (Public Law 97-177) and Prompt Payrtc-nt Act Amendments of 1988 (Public Law 100-496) are applicable to payments and interest on overdue payments under this lease. 13. DISPUTES• a. This lease is subject to the Contract Disputes Act of 1978 (Public Law 95-563). b. Except as provided in the Act, all disputes arising Under of relating to this lease shall be resolved in accordance with this clause. Lease No. DTFA07-95--L--01045 Sector Field Office II Lubbock International Airport Lubbock, Texas c. (1) As used herein, "claim" means a written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment, or interpretation of lease terms, or other relief, arising under or relating to this lease. (2) A voucher, invoice, or request for payment that is not in dispute when submitted is not a claim for the purposes of the Act. However, where such submission is subsequently not acted upon in a reasonable time, or disputed either as to liability or amount, it may be converted to a claim pursuant to the Act. (3) A claim by the Lessor shall be made in writing and submitted to the Contracting Officer for decision. A claim by the Government against the Lessor shall be subject to a decision by the Contracting Officer. d. For Lessor claims of more than $50,00,%the Lessor shall submit with the claim a certification that-tte claim is made in good faith; the supporting data are accurate and complete to the best of the Lessor's knowledge and belief; and the amount requested accurately reflects the lease adjustment for which the Lessor believes the Government is liable. The certification shall be executed by the Lessor if an individual. When the Lessor is not an individual, the certification shall be executed by a senior company official in charge at the Lessor plant or location involved, or by an officer or general partner of the Lessor having overall responsibility for the conduct of the Lessors's affairs. e. For Lessor claims of $50,000 or less, the Contracting Officer must render a decision within 60 days. For Lessor claims in excess of $50,000, the Contracting Officer must decide the claim within 60 days or notify the Lessor of the date when the decision will be made. f. The Contracting Officer's decision shall be final unless the Lessor appeals or files a suit as provided in the act. g. The authority of the Contracting Officer under the Act does not extend to claims or disputes which by statute or regulation other agencies of the Executive Branch of the Federal Government are expressly authorized to decide. Lease No. DTFA07-95-L-01045 Sector Field Office II Lubbock International Airport Lubbock, Texas h. Interest on the amount found due on a Lessor claim shall be paid from the date the claim is received by the Contracting Officer until the date of payment. Interest on the amount found due on a Government claim shall be paid from the date the claim is received by the Lessor until the date of payment. Interest shall be computed at ten percent (10%) per annum on the basis of a 365- or 366-day year, whichever applies. i. Except as the parties may otherwise agree, pending final resolution of a claim by the Lessor arising under the lease, the Lessor shall proceed diligently with the performance of the lease and its terms in accordance with the Contracting Officer's decision. 14. INTERIOR PAINTING LEASED PREMISES: The Lessor shall repaint the interior of the leased premises not less than once every five (5) years of Government occupancy under this lease or any renewal thereof. 15. REPAIR AND REPLACEMENT OF WINDOW COVERS: The Lessor agrees to repair or replace existing blinds, shades, and drapes as may be required and resulting from fair wear and tear during the Government's occupancy of the leased premises. 16. INTERFERENCE WITH THE GOVERNMENT'S OPERATIONS: The Lessor agrees that in the event any of the Lessor's operations or facilities located on the demised premises causes interference with the Government's operations conducted on the leased premises, the Lessor shall, upon being notified by the Government's Contracting Officer, make every reasonable effort to eliminate the cause of such interference. 17. NON -RESTORATION• The Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which i the subject matter of this lease. It is further agreed that the Government may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Notice of abandonment will be conveyed to the Lessor in writing. Lease No. DTFA07-95-L-01045 Sector Field Office II Lubbock International Airport Lubbock, Texas 18. SERVICES AND UTILITIES: a. The Lessor shall furnish to the Government, as part of the rental consideration, the following items including service and maintenance to and use of common areas as identified on Exhibit "A", Drawing No. DTFA-W56-4-153, revised May 17, 1989, attached hereto and made a part hereof: (1) Water: Fresh and potable chilled water through the Lessor's owned and maintained drinking fountain available to -the premises occupied by the Government. Potable hot and cold water shall be furnished for use by the Government in the Lessor's owned and maintained male and female toilet facilities and vending area available to the leases premises. (2) Sewage: Plumbing and sewage system adequate to provide waste disposal for the Lessor's owned and maintained toilet facilities and for waste drains within the leased premises. (3) Electricity: Sufficient current for all lights, wall outlets, air-conditioning, communications, office machines, and Government -owned personal computers and equipment; replacement. of fluorescent tubes, ballasts, and starters as required; and safe disposal of used or replaced fluorescent tubes. (4) Waste Disposal: The Lessor shall dispose of all paper or trash collected and removed from the lease premises. (5) Heating, Air -Conditioning, and Mechanical Ventilation: Heating, air-conditioning, and ventilation systems which are capable of maintaining inside temperatures in the range from a low of 70 degrees F. during the heating season to a high of 7B degrees F. at all other times, throughout the occupied premises, regardless of outside temperatures. (6) Energy Conservation Operating Practices: The following operating practices shall be followed whenever these settings will result in fuel savings: Heating Season: During the heating season temperatures shall be 68 to 72 degrees F. Air -Conditioning Season: During the air-conditioning season temperatures shall be maintained from 72 to 76 degrees F. Lease No. DTFA07-95-L-01045 Sector Field Office II Lubbock Internaticnal Airport Lubbock, Texas At Other times when Heat or Air-Canditicning is, not required: During these times, temperatures shall be allowed to vary from 65 to 80 degrees F. 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. Temperatures in the space will be maintained without drafts and air-conditioning equipment noise. (7) Vehicle Parking: Free parking for all Government employees, visitors, and Government -owned vehicles. b. The Government shall provide its own janitorial service, said service to include the common hallway, restrooms, and break rcxxn so long as the Government is the only tenant in the building. At such time as the Lessor leases space within the building to another tenant, a suitable arrangement for the Government, the Lessor, and the new tenant: will be made at that time. The Lessor shall contact the Government's Contracting Officer immediately should another tenant be secured. 19. PORTABLE FIRE EXTINGUISHERS: The Lessor shall furnish portable fire extinguishers meeting local requirements and the requirements of the Occupational Safety and Health Oct. The Lessor shall maintain the extinguishers in a proper and safe operating condition at no cost to the Government. GENERAL PROVISIONS U.S. Government Lease for Real Property GENERAL PROVISIONS (a) The terms "contract" and "Contractor" shall mean "lease" and "Leer." respectively. (b) The abbreviations "FAR" and '�CFR" mean "Federal Acquisition Regulation" and "Code of Federal Regulations" respectively. (c) The term "Lessor shall provide" means the Lessor &hall furnish and install. 2. Svetzr:m TBa PRnnses The e t mtuithe premises but shall not be relieves oaaw?l lease by reason of any such subletting. 8. MnncrEiiA m OF PRmsfs 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 ad 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 make any necessary repairs thereto. 4. DAmuoE By Fare OR OwER CAsuurr 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 16 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. b. ALTERATIONS The Government shall have the right during the existence of this lease to make alterations, attach fixtures, and erect structures or signs in or upon the premises hereby leased, which fixtures, additions, or structures so placed in, on, upon, or attached to the said premises shall be and remain the property of the Government and may be removed or otherwise disposed of by the Government. If the lease contemplates that the Government is the sale 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. 6. CONDITION REPORT 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 conditions, and will be signed on behalf of the parties hereto. 7. ComANT AcAvw CoNwGwT Fas (a) The Contractor warrants that no person or agency bas been employed or retained to solicit or obtain this contract 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 contract without liability or, in its disa+etioa, to deduct from the contract price, or consideration, or otherwise recover, the full amount of the contingent. fee. (b) 'Bona fide agency," as u*3d in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper Influence to solicit or obtain Government contracts nor bolds itself out as being able to obtain any Government contract or contracts through improper influence. "Bona fide employee," as used in this clause. means a parson. employed by a contractor and subject to the contractor'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. "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. '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 ad regarding a Government contract on any basis other than the merits of the matter. (FAR 52.203.6) (APR 1984) 6. OnuLus NOT To BENErrr No member of or delegate to Congress, or resident commissioner, shall be admitted to any share our 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. (FAR 52.203-1) (APR 1984) 9. Asmmwn OF Cannes (a) The Contractor, under the Assignment of Claims Act, as amended, 81 USC 8727, 41 USC lb (hereafter referred to as "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 institutions, 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. (FAR 52232-23) (JAN 1986) 10. GRATurrm s (a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or designee determines that the Contractor, its agent, or another representative — (1) 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 undera contrail. (b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction. (REV. 5/92) W If this contract is terminated under paragraph (a) above, the Government is entitled — (1) To pursue the same remedies as in a breach of the contract; and (2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (cX2) is applicable only if this contract uses money appropriated to the Department of Defense.) (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 (FAR 52.203-3) (APR 1984) 11. Awn-K"BAcx PROC MURFS (a) Definitions. "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 "Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company. or individual. "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. "Prime Contractor," as used in this clause, means a person who has entered into a prime contract with the United States, "Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of prime contractor. "Subcontract," as used in this clause, means a contract or 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 "Subcontractor:' as used in this clause, (1) 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 (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher_ tier subcontractor. "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) (the Act), prohibits any person from — (1) Providing or 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. (cXD 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. (2) 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 Justices (3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause. (4) The Contracting Officer may — W Offset the amount of the kickback against any monies owed by the United States under the prime contract and/or 00 Direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract, the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (cX4Xii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (cX4Xi) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld. (5) The Contractor agrees to incorporate the substance of this clause, including subparagraph (05), but excepting subparagraph (cXl% in all subcontracts under this contract (FAR 52.203-7) (OCT 1988) 12. APPIICAmx Coors AND ORDwAwn 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 leased space is situated and, at his own expense, to obtain all necessary permits and related items. (a) This contract is subject to the Contract Disputes Act of 1978 (41 USC 601-613) (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 $W,000 is not a claim under the Act until certified as required by subparagraph (02) 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. Ml) 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 it written decision by the Contracting Officer. (2) For Contractor claims exceeding $50,000, the Contractor shall submit with the claim a certification that — W The claim is mad o in good faith; 0i) Supporting data are accurate and complete to the best of the Contractor's knowledge and belief; and (iii) The amount requested. accurately reflects the contract adjustment for which the Contractor believes the Government is liable. MW If the Contractor Is an individual, the certification shall be executed by that individual. (iD If the Contractor is not an individual, the certification shall be executed by — j, A senior company official in charge at the Contractor's plant or location involved; or j An officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor's affairs. (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 Conte 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 made. (t) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (g) The Government shall pay interest on the amount found due and unpaid from (1) the date the Contracting Officer received the claim (properly certified if required), or (2) the date payment otherwise would be due. if that date is lateri until the date of payment Simple interest on claims shall be paid at the rate fixed by the Secretary of the Treasury as (REV. 5/92) provided in the Art, 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 (h) 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. (FAR 52233-1) (APR 19M) 14. PRowr PAnmexr 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 (a) Rental payments. Rent shall be paid In arrears and will be due on the first workday of each payment period, and only as provided for by the lease. (1) When the date for commencement of rent falls on the 15th day of the month or, earlier, the Initial rental payment under this contract shall become due on the first workday of the month following the period in which the commencement of the rent is effective. (2) When the date for commencement of rent falls after the 15th day of the month,` the initial rental payment under this contract shall become due on the first workday of the second month following the period In which the commencement of the rent is effective. (b) 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 payment 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 30day 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 62.233-1, Disputes, or for more than 1 year. Interest penalties of less than $1.00 need not be paid. (4) Interest penalties are not required on payment delays due to disagreement between the Government and Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes (FAR 62M2-25) (APR 1989) is. LvWEMOx OF PxEW= At all times after receipt of offers, prior to or after acceptance of any offers, or during any construction, remodeling, or renovation work, the premises and the building or any part thereof, upon reasonable and proper notice, must be accessible for inspection by the Contracting Officer, or by architects, engineers, or other technicians representing him, to determine whether the essential requirements of the solicitation or the lease requirements are met. Additionally. the Government reserves the right, upon reasonable notice, to: (a) inspect and perform bulk sampling and analysis of suspected asbestoecontaining materials; (b) monitor the air for asbestos fibers in the space offered or under lease as well as other areas of the building deemed necessary by the Contracting Officer, (c) inspect the premises for any leaks, spills, or other potentially hazardous conditions which may involve tenant exposure to hazardous or toxic substances (e g. PCBs); (d) inspect the site upon which the space is offend for any current or past hazardous waste operations, and ensure that appropriate mitigative actions were taken to alleviate any environmentally unsound activities in accordance with Federal, state, and local regulations. 16. TMMArwx — Poi.YcanaumA n BtrirErrres (PCBs), A.m$sms, OR Onits HAZARDOUS MATMAIE If it is discovered that PCBs, asbestos, or other hazardous materials are present, the Government reserves the tight to require the Lessor, at no cost to the Government, to remove such materials 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. 17. NorriwArwx Or PCB HAZAamis: Cot rrm The Leeaor shall promptly not[fp the Contracting Officer and the tenant agency official of any leaks, spills, or other hazardous conditions which Involve PCBs in any area of the building. 18. FAM= IN PrV0KWAxct The covenant to pay rent and the covenant to provide any service, utility. maintenance, or repair required wider 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, mainte- nance. utility, or repair, and charge to the Lessor any cost incurred by the Government that is related to the performance of such service, maintenance, eta, including any administrative costa, 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. 19. LESSOR'S SaocvssM The terms and provisions of this; lease and the conditions herein bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assignees. 20. PR= Rmucrim Foa Derwnve Cogr OR Pvx DATA (a) If any price. including profit or fee, negotiated In connection with this contract, or any cost reimbursable under this contract, was Increased 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. (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 arty description that were not accurate, the price or cost shall be reduced accordingly and the contract shall be modified to reflect the reduction. (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, prvrri&-d that the actual subcontract price was not itself affected by defective cost or pricing data. (01) If the Contracting Officer determines under paragraph (a) of this clause that a price or cost reduction slSould be made, the Contractor agrees not to raise the following matters as a defense: (i) The Contractor or submtractor was a We source supplier or otherwise was In a superior bargaining position and thus the price of the contract would not have been modified even if accurate, complete, and current cost or pricing data had been submitted. (h) The Contracting Officer should have known that the cost or pricing data in issue were defective even though the Contractor or subcontractor took no affirmative action to bring the character of the data to the attention of the Contracting Officer. (iii) The contract was based on an agreement about the total cost of the contract and there was no agreement about the cost of each Item procured under the contract. M (REV. 5/92) (iv) The Contractor or subcontractor did not submit a Certificate of Current Coat or Pricing Data. (20 Except as prohibited by subdivision (cx2xii) of this clause, an offset in an amount determined appropriate by the Contracting Officer based upon the facts shall be allowed against the amount of a contract price reduction if — (A) The Contractor certifies to the Contracting. Officer that, to the best of the Contractor's knowledge and belief, the Contractor is entitled to the offset in the amount requested; and (B) The Contractor proves that the coat or pricing data were available before the date of agreement on the price of the contract (or Price of the modification) and that the data were not submitted before such data 01) An offset shall not be allowed if — (A) The understated data was known by the Contractor to be understated when the Certificate of Current Cost or Pricing Data was wed; or (B) The Government proves that the facts demonstrate that the contract price would not have increased in the amount to be offset even if the available data had been submitted before the date of agreement on price. (d) If any reduction in the contract price under this clause reduces the price of items for which payment was made prior to the date of the modification reflecting the price reduction, the Contractor shall be liable to and shall pay the United States at the time such overpayment is repaid (1) Simple interest on the amount of such overpayment to be computed from the date(,) of overpayment to the Contractor to the date the Government is repaid by the Contractor at the applicable underpay- ment rate effective for each quarter prescribed by the Secretary of the Treasury under 26 U.S.C. 6621(aX2% and (2) For Department of Defense contracts only, a penalty equal to the amount of the overpayment, if the Contractor or subcontractor knowingly submitted cost or pricing data which were incomplete, inaccurate, or noncurrent (FAR 52.215.22) (JAN 1991) 21. Arnr4"Trz Am" Fos HA mirarrm WoRimn (Applicable to leases which exceed $2,500.) (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 fn employment, and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as — (ii) Employment; (ii) Upgrading; Oil) Demotion or transfers; (iv) Recruitment; (v) Advertising; (vi) Layoff or termination; (viiT 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 Rehabilitation Act of 1973 (29 USC 793) (the Act), as amended. (b) Postings. (1) The Contractor agrees to post employment notices stating — (iD the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped individuals and (fi) 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 Prograins, 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. (FAR 52.222-M (APR 1984) 22. ExAwmATioN Or R=Ros By ComrnmuEe GvnxtL (Applicable to leases which exceed $10,000.) (a) This clause applies if this contract exceeds $10.000 and was entered into by negotiation. . (b) 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, paper, or other records involving transactions related to this contract (c) The Contractor agrees to include in firsbtier 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, paper, 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. (d) The periods of access and examination in paragraphs (b) and (c) above for records relating to (1) appeals under the Disputes Clause, (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 shall continue until such appeals, litigation, claims, or exceptions are disposed of. (FAR 52.215-1) (APR 1984) 23. Egwu.Orromvx= (Applicable to leases which exceed $10,000.) (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 $10,00% the Contractor shall comply with subparagraphs MI) through (11) below. Upon request, the Contractor shall provide information necessary to determine the applicability of this Clause. (b) During performing 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 that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. This shall include, but not be limited to. W employment, (ii) upgrading, (iii) demotion. (fv) transfer. 4 (REV. 5/92) (v) recruitment or recruitment advertising, (vf) layoff or termination, (vii) rates of pay or other forms of compensation, and (vii0selection 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 whkh 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 Contractors commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employ- ment. (6) The Contractor @hall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (7) The Contractor @hall 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 (EMI), .or any successor form, is the prescribed form to be Sled 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 Contractors 'compliance with the applicable rules, regula- tions, and orders (9) If the OFOCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary Hof Labor, this contract may be canceled, terminated, or suspended in whole or in pert 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. (10) The Contractor shall include the terms and conditions of subparagraph MI) through (11) 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 suboontrac- tar or vendor. (11) The Contractor shall take each action with respect to subcon- tract or purchase order as the contracting agency may direct as a means of enforcing these terms and conditions, including sanctions for noncompli- ance; 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 CF'R 60-1.1. (FAR 52222-26) (APR 1984) 24. Urnatirwx Or SuAm Busamw CoKciaxs AND Sxw DwA vAnAG® Busa4ws C NCMM (Applicable to leases which exceed $10,000.) W 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 practi- cable 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 Contractors 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. M* term "small business concern owned and eontrvlled by socially and economically disadvantaged individuals" shall mean a small business concern (1)which is at least 61 percent unconditionally owned by one or more socially and economically disadvantaged individuals; or, in the ease of any publicly owned business, at least 61 per eentum of the stock of which is unconditionally owned by one or more socially and e&momkally 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 61 percent unconditionally owned by'an economically disadvantaged Indian tribe or Native Hawaiian Organization, or a publicly owned business having at least 61 percent of its stock unconditionally owned by one of these entities which has its management and deny business controlled by members of an economically disadvantaged Indian Tribe or Native Hawaiian Orgam- ration, and which' meets the requirements of 13 CFR 124. The Contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispewic Americans, Native Americans, Asian -Pacific Americans, Subcontinent Asian Americana, and other minorities,' or any other individual found to be disadvantaged by the Administration pursuant to section 6(a) of the Small Business Act. The Contractor shall presume that socially and economically disadvantaged entities also include Indian Tubes and Native Hawaiian Organizations. (d) Contractors acting in good faith may rely on written representa- tions 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. (FAR 6221") (FEB 1990) 25. ArnwAT ve Acrim Fos Sprxw. DuAm m Arm Vw mAw Fan VrrnLA s (Applicable to leases which exceed $10,000.) (a) Definitions "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, Guaira, Puerto Rico, Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. _ Openings that the Contractor proposes to fill from within its own organization," as used in this clauere, means employment openings for which no one outside the Contractors 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. "Openings 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 balls, under their customary and traditional employer -union hiring relationship. "Suitable employment openings " as used in this clause — (1) Includes, but is not limited to, openings that occur in jobs categorized as -- (i) Production and nonproda:tion; (ii) Plant and office; (III) Laborers and mechanics; (iv) Supervisory and nonsupervisorr,, (v) Technical; and 11 (REV. 5/92) (vi) Executive, administrative, and professional positions compen- sated on a salary basis of less than $25,000 a year, and (2) 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 transfers; (iv) Recruitment; (v) Advertising; (vi) Layoff or termination;- (vib 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 (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 nonveterans. 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 (ci 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. (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 excepted 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. (FAR 52.222-35) (APR 1984) 26. Em7wYxExr Reeoars ON Spmu.L Dr Amw VrrERANs AND Vermuxs Or Tioi Va*rxear EPA (Applicable to leases which exceed $10,000) (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 VE"M100." (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 (aX2) 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 (aXl) of this clause. Contractors may select an ending date: (1) As of the end of any pay period during the period of January through March lest 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 10M (e) The count of veterans reported according to paragraph (a) of this clause 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 US.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 employer to any adverse treatment, and that the information will be used only in axordance with the regulations promulgated 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. (FAR 52.222-37) (JAN 1988) a (REV. 5/92) I, Lease No. DTFA07-95-L-01045 Sector Field Office II Lubbock International Airport Lubbock, Texas CORPORATE CERTIFICATE , certify that I am the City Secretary Cit of Lubbock of the WYAi named in the foregoing agreement, that David R. Langston who signed said agreement on behalf of said corporation, was then Mayor Betty M. Johnson thereof, that said agreement was duly signed for and in behalf of said Citv of Lubbock by authority of its governing body, and is within the scope of its corporate powers. 8th September Dated this day of , 1994. Signed by _ Betty Mo. Johnson City Secretary Page is too large to OCR. MAP IN FILE SEE RESOLUTION # 45