2016-02-25 Work Session Kodiak Island r
Assemblyi
Thursday, February 25, 2016, Borough Conference Room
Immediately Fallowing the 6:30 p.m. Special Meeting
Work Sessions are Informal meetings of the Assembly where Assembly members review the upcoming regular meeting
agenda packet and seek or receive Information from staff.Although additional items not listed on the work session agenda
are discussed when introduced by the Mayor,Assembly,or staff,no formal action Is taken at work sessions and items that
require formal Assembly action are placed on regular Assembly meeting agenda.Citizen's comments at work sessions
are NOT considered part of the official record.Citizen's comments intended for the"official record"should be made at a
regular Assembly meeting.
Page
1: CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
2. AGENDA ITEMS
3- 147 a. GSA Lease
2016-02-25 Lease Backup In for atio
2016-02-25 Complete Lease Document
148-204 b, School District Budget Discussion with the School Board
2016-02-18 Short's FY2017 SD Budgeting
2016-02-01 Ste e s E SchoolDistrict u i for 17
2016-02-25 School District fludget resentation
2016-02-25 School istrict Detailed Budget Revision
2016-02-25 School District Fund Balance isto
2016-02-25 School District e oes o sem
205-234 Special Revenue Funds
2016-02-23 o t Revenue unds
3. PACKET REVIEW
PACKET REVIEW
Ordinance No.FY2016-13 Amending the Kodiak Island Borough Code Title 2
Administration and Personnel Chapter 2.155 Kodiak Workforce Regional Advisory
Council Section 2..155.060 Quorum and Voting Requirements.
Ordinance No FY2016-14 Repealing Ordinance No. 98-06, Reserving Certain
Borough Lands as a Vegetative Screen,and Reserving an Amended Greenbelt Buffer
Along the Common Boundary of the Monashka Bay Road Service Area and the Kodiak
website at91 o m mill to KodiakBorou h
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Island Borough Baler and Landfill.
Ordinance No.FY2016-15 Amending the 2008 Comprehensive Plan by Changing the
Future Land Use Designation of a t 28.9 Acre Portion of Tract B, U.S. Survey 4793
From Conservation To Industrial/Light Industrial(PBZ Case No. 16-004).
Ordinance No.FY2016-16 Rezoning a t 28.9 acre portion of Tract B, U.S.Survey
4793 From R1-Single-family Residential District To I-Industrial District(P&Z Case No.
16-009).
Ordinance No.FY2016-17 Amending the Kodiak Island Borough Code Title 5
Business Licenses and Regulations by Creating a New Chapter 5.02 Marijuana
Businesses(Opt Out Ordinance).
NEW BOSSINESS
CONTRACTS
Contract No.FY2016-39 Road Maintenance and Repairs,Snow Removal and
Sanding,and Small Projects Under$25,000 for KIB Facilities and Grounds.
RESOLUTIONS
Resolution No.FY2016-29 Adopting a Federal Capital Improvement Program and
Identifying Federal Program Priorities for Federal Fiscal Year 2017.
4. MANAGER'S COMMENTS
5. CLERK'S COMMENTS
6. MAYOR'S COMMENTS
7. ASSEMBLY MEMBERS COMMENTS
8. FUTURE DISCUSSION ITEMS
235 a. 2015-12-15 Future Discussion Items List
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Page 2 of 235
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Page 3 of 235
GSA Lease
AGENDA ITEM #2.a.
SUPERSEDING LEASE
ADVANTAGES
Financial:
KIB not leaving money on the table by entering into a superseding lease.
KIB will receive an additional $200,000+in interest by extending the lease out an
additional 20 years/13 years firm.
NOAA will meet their obligation to pay back the loan fronted by KIB from the
Facilities Fund to construct the facility.
Budget cuts to NOAA will continue, but the superseding firm term portion of the
lease benefits KIB by guaranteeing continued revenue to pay a large portion of
the operation and maintenance costs associated with this facility and funding of
the sinking(R&R)fund.
KIB will own this facility free and clear.
Lease:
z A superseding lease will tighten up definitions and provide of efficient
administration of the lease by requiring a review on a yearly basis and using
actual costs after almost 2 decades of ambiguities between the parties.
A superseding lease will provide a stable tenant for another 20 years, 13 firm.
A new superseding lease prevents an expensive audit to rectify past differences.
Benefits to the Community:
Long term research and experimentation to continue in Kodiak to meet the
mission of NMFS and support to the local fishing community.
Well paid scientists contribute to the local economy through home ownership and
participation in the community.
Contracts with outside companies to maintain the building benefit business in the
community(plumbing, electrical,janitorial etc.).
Facility lease revenues pay for Borough staff wages and benefits.
NOAA provides support to the community by reaching out and educating
students and residents about fish and shellfish, habitat, ocean acidification etc.
Surveys performed by NOAA set the seasons and quotas that benefits Kodiak
fishermen and continue to make Kodiak one of the premier fishing ports in the
world.
2
Page 4 of 235
GSA Lease
AGENDA ITEM #2.a.
DISADVANGAGES
KIB will be receiving less cost reimbursement for the facility with the reduced
space allocation amount charged NOAA
t KIB will lose the reimbursement of the Interpretative Specialist
KIB would not receive all of the approximately$2,000,000 remaining on the loan
at the end of the lease term (2018).
Payoff of the Facilities Fund loan by the KFRC Enterprise Fund will decrease the
fund balance of the Enterprise Fund for a period of time
3
Page 5 of 235
GSA Lease
AGENDA ITEM#2.a.
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AGENDA ITEM #2.a.
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
V IF �%N National Marine Fisheries Service T "
Alaska Fisheries Science Center
7600 Sand Point Way N.E.
Seattle,Washington 98115-6349
3 February 2016
The Honorable Jerrol Friend,Mayor
Kodiak Island Borough
PO Box 175
Kodiak,AK 99615
Dear Mayor Friend and Kodiak Island Borough Assembly-
The Alaska Fisheries Science Center ofNOAA's National Marine Fisheries Service(NIVIFS)is your main
tenant at the Kodiak Fisheries Research Center(KFC), For the last 17 years,we have leased this space
through the General Services Administration (GSA). The Kodiak Fisheries Research Center is an
excellent facility from which we have been able to successfully implement our mission of supporting
applied fisheries research and management in Alaska. We are optimistic about the meaningful progress
we have made since 2014, working closely with Borough staff, to draft a superseding lease that will
further strengthen our relationship with the Borough and keep NMFS in Kodiak for the foreseeable future.
'rhe intent of this new lease is: 1)for NOAA to fully coverall expenses incurred by the Borough in the
management of the facility consistent with our pro-rata share of occupancy,and 2)to correct and clarify
lease language and conditions to ensure equitable agreement that is fair and afl'ordablc, enabling a
sustained, long-term,NOAA commitment to the Kodiak community.Over the last 17 years,NOAA has
more than covered Borough's costs. To date, NOAA has paid more than $25.5 M to the Kodiak
Enterprise Fund for use of the research center. The current annual lease cost to NOAA is S1,616,000
including the GSA fee.
NOAA is requesting a superseding lease to begin before tile current lease ends for the following reasons:
1)The current lease was drafted before the building was built,Space allocations were assigned based oil
95% drawings, which was an inaccurate assumption. Space occupied by each tenant was recently
reviewed and measured by the Borough and GSA/NOAA. It was determined that the actual space
occupied by NMFS was only 75.3%. However, NMFS has been paying for 81.2% for more than 17
years.
2) Sustainability of the AFC science mission to support the Gulf of Alaska Fisheries and fishery
management depends on good stewardship principles, c[liciently using limited Congressional resources.
'rhe current fiscal environment for federal agencies is very tight. Since FY201 1, the Alaska Fisheries
Science Center base budget has decreased by more than 12%. The most optimistic outlook N
leadership can envision for the present and future is level funding, However,budget cuts oil tile order of
5-10%over the next three years seem most likely.
5
Page 7 of 235
GSA Lease
AGENDA ITEM #2.a.
Budget cuts and any increases in fixed costs, such as pe anent labor and facilities, will have to be
covered by repurposing operational funding.Operational funding is the primary source of funds to cover
costs associated with federal fish and shellfish surveys in Alaska.The status quo lease costs are therefore
unsustainable from our perspective, as they impose a severe mission cost, which will impact NMFS
stakeholders in Alaska(including Kodiak Fishermen).
3)The proposed superseding lease corrects for a number of lease ambiguities. Over the last 17 years,
NOAA has been making payments to the Borough for the renewal and replacement (R&R) of major
building components.This is to ensure the long-term sustainability of the facility. However, in the past
when major items were renewed or replaced(e.g, seawater system pumps),NOAA was charged through
the Operations&Maintenance(O&M)portion of the lease,rather than paying for these from R&R.Thus
NOAA paid twice for items the R&R fund should have covered. This points to the difficulty in the
execution of the leaser the R&R schedule was not established until recent discussions with Borough staff
resulting in misunderstandings of who was to pay for which expenses. We've addressed this with
language in the new lease. Over seventeen years NOAA has paid at least$2,760,000 into R&R, Only
$525,000 has been expended from this fund for the HVAC system,
4)The new]case focuses on costs associated with the NMFS care mission to support Kodiak fisheries and
Gulf of Alaska fishM management.Salary costs for Interpretive Specialists are currently being charged
to building tenants under Operations and Maintenance,An Interpretive Specialist and other positions were
added to the O&M charges well after the lease agreement began.This was done without discussion and
without agreement as to who would pay far the positions, While we recognize the value of having a
public aquarium and touch tank in the building,salary for the Interpretive Specialists is not an appropriate
cost element of the lease,as it is not part of the NMFS core mission or essential to the functioning of the
building.The Interpretive Specialists are a KIB program dedicated to the public aquarium and touch tank,
and those salaries should be covered solely by lite Borough.
The draft-superseding lease before you is the product of over seven months of open and frank discussions
between the Borough staff and GSAINOAA to Find a way to improve the current situation,It addresses
the four above issues, ensures Kodiak Island Borough complete cost recovery, including lite full interest
and principal from lite original bond,provides NOAA with immediate and equitable relief,ancr results in
a lease that is easier to execute and jointly manage.
Kodiak derives a number of benefits from NMFS' presence in the community. Beyond the shell rent,
NO provides over$200,000 to support Kodiak Island Borough building maintenance,administrative
and firrancial oversight,staff positions land janitorial service_contract positions. Currently, NOAA
contributes' over S100,000 a year to education and outreach through support of the touch tank and
aquarium,plus additional support for the Ocean Science Discovery Lab.To date,we have provided more
than S 13 M in support for these education and outreach activities.Our annual staff payroll is in excess of
$1.5 M, excluding contractor positions. Having NMFS-funded staff positions in the community has a
multiplier effect. The community collects tax and sales revenues from our resident staff. NMFS
employees also are actively engaged in school and local government programs and committees and other
community activities.
The partnership we have with the Borough has also had other benefits.Working together,NOAA and the
Borough completed the I IVAC project that is expected to pay for itself within 10 years through energy
efficient savings,The Borough and NMFS jointly financed the project with GSA/NMFS paying the larger
of the two shares (NMFS $875,000 v. Borough $525,000). The Borough's portion of die project
originated from the NMFS and other tenant contributions to the KFRC Enterprise fund,The result is a
greener,more energy efficient building for the Borough,regardless of the tenant.
6
Page 8 of 235
GSA Lease
AGENDA ITEM #2.a.
We have a vested interest in the Kodiak community, and the local fishing industry. We value the
relationship we have with the Borough which hosts the third largest fishing port in the country.Our goal
and strong desire is to remain in Kodiak for the long haul, and that is why we propose a 20-year
superseding lease with a guaranteed 13 year occupancy period. Leaving Kodiak is not a good option for
NMFS because support of commercial groundrish and shellfish fisherics; in Alaska is a priority for the
NMFS and Alaska Regional Office, However,without reductions in our facilities costs,NMFS will have
no choice but to continue to reduce its labor costs We will not be able to replace staff that are retiring or
leaving for other reasons. Inability to backfill positions also decreases the salaries that go back into the
Kodiak economy, We will also have to reduce fishery and protected resource surveys, This diminishes
our ability to conduct stock assessment surveys in the Gulf of Alaska and relevant applied fisheries
research that benefits Kodiak such as: the effects of ocean acidification on commercial crab species,
bycatch mortality that impacts fisheries closures,, crab growth and reproduction,and stock enhancement
of red king crab.Ultimately,the prohibitive costs of the current lease may jeopardize NMFS presence in
Kodiak.
As we have demonstrated,we are open to discussion concerning the details and rationale of the proposal
to finalize a superseding lease.
Sincerely,
r1%
Dr.Douglas P.DeMaster,Science and Research Director
Alaska Region,NOAA Fisheries
Juneau,Alaska
CC: David Garton,NOAA Real Property
Scott Matson,GSA Northwest/Arctic Region
7
Page 9 of 235
GSA Lease
AGENDA ITEM#2.a.
GSA NorthwestlArctic Region
January 28,2016
The Honorable Jerrol Friend, Mayor
Kodiak Island Borough
PO Box 175
Kodiak,AK 99615
Dear Mayor Friend and Kodiak Island Borough Assembly,
General Services Administration(GSA),the nation's largest public real estate
organization, provides workspace for more than 1.2 million federal workers
through its Public Buildings Service. Approximately half of the employees are
housed in buildings owned by the federal government, and half are located in
separate leased properties, including buildings, land, antenna sites, etc. across
the country. GSA negotiates leases on behalf of federal agencies according to
their requirements. The Lease Contracting Officer(LCO)has exclusive authority to
enter into,amend,and administer leases on the Government's behalf to the extent
provided in his or her certificate of appointment as a contracting officer. Both Terria
Heinlein and Scott Matson are warranted lease contracting officers whose warrant
authority exceeds the value of this lease.
The purpose of the early discussions an the Kodiak NOAH facility was to account for the
rent and expenses and to reconcile the lease.After discussing the long-term needs of
NOAA,and uncovering assumptions of how the lease has or should have been
administered,we concluded it would be beneficial for all parties to complete a new
lease to clear up ambiguities.
An example would be the current lease definitions of operation and maintenance verses
replacement and renewal expenses.There is a definition of operation and maintenance
expenses in the current lease that seems comprehensive, but results in confusion.
U.S.General Services Administration
400 15' street SW
Auburn,WA 98001-6599
www.gsa.gov
8
Page 10 of 235
GSA Lease
AGENDA ITEM #2.a.
Today,we would separate those definitions into two separate areas as both KIB and
GSA view them as separate funds.
Operational expenses are covered by the GSA Form 1217,which includes minor and
normal preventive maintenance. The major maintenance and repair expenses are
captured in the Replacement and Renewal budget,which I understand is the practice
for Alaska government owned buildings. In most GSA leases,the Replacement and
Renewal budget would be included in the shell rent and in the current lease it's being
confused with the Operation and Maintenance costs.
In all the original lease documents the language says"the amount paid to maintenance
reserve based on projected replacement of building components".The problem was
which components and what time frame and how much money was being directed to
what component was not defined in the original lease. Both GSA and KIB made
different assumptions about those numbers and in the past NOAAIGSA was incorrectly
charged for major repair and renewal as part of the annual operations and maintenance.
At the same time,we contributed funds to the KFRC Enterprise Fund for replacement
and renewal. This has been clarified in the proposed superseding lease.
Another example of what was undefined in the present lease is the R&R fund, In the
R&R schedule that was presented to us over the Summer, NOAA should have received
new paint and flooring 7 years ago and again in 3 years. Since both were in good
condition,we would not want taxpayer funds expended for unnecessary work because
previous to this schedule these expenses were being charged to O&M. At the same
time, it would not be fair for KIB to gain a windfall. In the proposed superseding lease, it
was decided that GSA/NOAA would not pay into the fund for those items and NOAA will
pay for new paint or carpet in a lump sum when they wantineed it.This is an example of
how we teamed with KIB to develop a well-defined Maintenance and Reserve account
that makes sense and is fair to both parties.
Another discrepancy in the lease is the square foot of occupancy for NOAA.
Occupancy was calculated before the building was built and neither party confirmed
these estimates once occupancy began. While the lease describes NOAA/GSA as
occupying 81.2%of the building, in fact NOAA/GSA space is only 75.3%to the total.
Paragraph 22(C)of the general clauses states the following:
If it is determined that the amount of occupiable square footage actually delivered is
less than the amount agreed to in the lease,the lease will be modified to reflect the
amount of occupiable space delivered and the annual rental will be adjusted as follows:
Occupiable square feet not delivered multiplied by the accuplable square foot(OSF)rate
equals the reduction in annual rent.The rate per occupiable square foot is determined
by dividing the total annual rent by the occupiable square footage set forth in the lease.
OSF Not Delivered X Rate per OSF=Reduction in Annual Rent.
9
Page 11 of 235
GSA Lease
AGENDA
I . .
The original square foot calculation errors affect the payments from NOAA in three
ways: A)the amount of space for which we pay rent is overstated, B)The portion of
O&M we are responsible for is inflated, and C)the portion of the R&R we contributed to
is more than required.
Due to these and other issues, GSA will not be exercising an option on the existing
lease.
GSA/NOAA has worked closely together,along with the KIB staff to develop a well-
defined methodology for escalations and the added definitions will make the new lease
much easier to administer by all parties.The hard work has included freely sharing
information,with all parties being transparent with the goal of creating a new lease that
is understandable, predictable,and fair to all parties,
1 look forward to continued discussions and agreement on a superseding lease.
Scott M Matson
Lease Contracting Officer
Branch Chief, Leasing Division
scott.matson@gsa.gov
10
Page 12 of 235
GSA Lease
AGENDA ITEM #2.a.
Bud Cass
From: Dora Cross
Sent Friday,February 12,2016 1:07 PM
To: Bud Cassidy
cc Karl Short
Subject: GSA/NOAA Lease 1217 Forms and historical payments
Attachmentsa 1217 Forms YR2 through YR17.pdf K18-GSA&NOAA lease interpretations.xlsx
Bud,
Attached are two documents;one contains the individual 1217 forms fr® YR02—Y 7,the second is a revised
spreadsheet which addresses Mr.Stephens inquiry regarding historical payments,
I don't have any documentation as to what 1217's were provided to GSA for the years 02-10(October 1999®September
2008). However,In early conversation with GSA,they did not have a complete set of 1217's submissions from us.
Therefore,I went back and completed the for year 03®1 (October 2000®September 2012)and forwarded the to
GSA in September of 2013. For subsequent years:year 15 was sent to GSA in October 2014,year 16 was sent In
November 2015,and year 17 was sent in January of 2016.
Dora
Page 13 of 235
GSA Lease
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Page 15 of 235
GSA Lease
AGENDA ITEM #2.a.
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Page 16 of 235
GSA Lease
AGENDA ITEM #2.a.
Bud •t
From: Dara Cross
Sent: Tuesday,February 23,2016 4:39 PM
T ; Bud Cassidy
SubjecL, Alternate Approach
Attachments: GSA- B rent presentirdan,xisx
Bud,
Attached is the spreadsheet we want to discuss with the assembly this Thursday.
Also,I'm not sure If I answered Rebecca's question of an escalation factor adequately. In the current lease,a base
amount isset for rent and each year that amount is escalated by a CPI rate•At the end of each adjustment period,
usually 5 years,the 5 years of actual total amounts expensed would be compared to the 5 years of total escalate
amounts paid for rent® If the expenses were more than the escalated rent,then the tenant owed the Borough additional
rent.If the expenses were less than the escalated rent,the Borough owed the tenant a refund. At the end of each
year adjustment period,a new rent base would be set by averaging the prior 5 years of expenses and a new 5 year cycle
would begin. Since there were unresolved disagreements in the beginning of the lease,no cycles were done and no
reconciliation was ever competed.
Linder the superseding lease,we still have the some base rent calculation and 5 year adjustment period,however,
because the superseding lease requires we meet annually to discuss costs,maintenance schedules,etc.,along with a
cumulative Cost containment cap of 25%,we did not put an escalation factor into the rent payment calculations.
I believe with the annual meetings and tracking of the cumulative differences each year between expenses and
payments,we do not need the added complication of an escalation factor. There have been at least 4 Borough
employees In my position avert the last 17 years,not to mention the year+the position was vacant before I was hired,
trying to reconcile the current lease without success.I really believe regular,annual attention to the details between
bath parties will eliminate the need for the escalation factor.
Vorw Crosk
Accountant
Kodiak island Borough
907.942,3190
151
Page 17 of 235
AGENDA ITEM#2.a.
'L, �E,
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1
Page 18 of 235
GSA Lease
AGENDA IT . .
PROPOSAL TO LEASE SPACE Req°est for Lease Proposals(RLP)Number DATED:(Offer Goad Until Award)
—► 5AK0353
SECTION I DESCRIPTION OF PREMISES
1.BUILDING 1a Building Name Kodiak Island 1b..Building Street Address 310 Research Court
DESCRIPTION
tc.City Kodiak Id,State AK 1e.9-Digit ZIP Code 998156398
2.BUILDING SIZE 2a.General Purpose 2b Warehouse 2c Other 2d.Total Square Footage 2e Total Building Parking
LPDA t3ukItg1 (office) (Lab/Special Use) ae.2b.2Q Structured
33,657 RSF RSF 33,657 RSF Surface
3.SPACE 3a General Purpose Mal 3b.Warehouse 3c.Other Dailispr.ha ums d Total Square Footage .Offered Reserved
OFFERED (3a+31 Parking
25,332 RSF RSF 25,332 RSF - Structured
34 Surface
4.COMMON AREA
15,654 ABOA ABOA 15,664 ABOA FACTOR(CAF)
1.6151742
SECTION II ' RATES
AiIfI NrJn , f �a ' 6 OFFERED RATES
ate
ate P
III„ lrlfill / lfi�lllfr J/ ..
Rent Component 1 Annual„ RRSF�rRate per
w .. ... ..., W,
J f 185,867 7 3372414 11 850739
b Operating gosh 429,402 16.950971 27 378347
Tenai;l".., ........ ......... M,
......m
� l� r Aawr9zed IC�tal , Y
n
e.Total Annual Perking
Cost
fAnlennnrRaaf
g Other sand Payment 169,349 6.6851807 10.797564
�m�,,,m ,
h.TWaI 784,61830973393 `50,026651
Enter here the principal amount and Interest rate to amortize Tenant improvements,and the pdnclpal amount and Interest rates to amortize Building Specific Amedized Capital Items.
Note Indicate any rate changes beyond the firm term:
fl I Vlr'rr IY ( X111 I i '9 I I ���„ 1 Additional Financial Aspects of the Lease
Adjustment for Vacant Premises. S _.,200 _ per A80A SF
ddf
AC Overtime Rate: $® C ,_per hour per❑zone❑floor❑space
i (choose one)
For rates based on a"per tone"bads,provide the following:
IIp1t l JJ J Number of tones In offered Space:
Areas requiring 24 hour HVAC(LAN,ern} , ,
per Aa0A5F t1 Iw wlMll w lmri,m
u(Sw^.S Irm re, 1 i�,11'1�r sen erre uCI
t q 1 Irni IIAlA iS iw rIQwd nPcer tAr nilrl�.
�.. �I 1 Imdem.Clwlrw w m,.Inrls If,V Ir Casa INI oIwrawnflMIa md-nbedundivr krflcm 6 err flhe l*—r
euildlny's Normal Hours of HVAC operation
MunrkaV^FrldaY,,J mC,,.,AtA ten lIiriKi
2 GSA FORM 13640 (REV 09/14)
Page 19 of 235
GSA Lease
AGENDA ITEM#2.a.
,I Saturday AM,kd PfA
Sunday
1. Additional Financial Aspects of the Lease(Continued)',
Percent of Government occupancy.
Current Year Taxes;
Based on fully assessed value? Oyes ONO
Is The offered space Pon of multiple keg Uls? 0yes ONO
If so,pcoval.tax 10 numbers and square footage for each.An.,h the legal descripft.of the
f offered Property
N
'SECTION 111—TERM
7.INITIAL LEASE TERM(Fug Tom B.RENEWAL OPTIONS
a-NuinlowdYee s b.Years Few C.N.O"r or Der$N.U.f.,C—mrovot S.56.1 FW.I b years Each C.Nunti.,of opil., d.Number of Days N.M-
Us Terminate L.— RSFPYR to Exercise option
20 13 360
SECTION IV—ADDITIONAL TERMS AND CONDITIONS
9.COMMISSIONSaf§W1CaYj0,ATTACH COMMISSION AGREEMENT
a.Tenant Representative Commission b Owner's Representative Commission C.Schedule or CornmiSSIon Payments
% I % %at lease atuard and at o=panqj
10.SPECIFIC OFFERED INCENTIVES(i a.,free rent,free*ace)
11.ADDITIONAL REMARKS OR CONDITIONS WITH RESPECT TO THIS OFFER
SECTION V—OWNER IDENTIFICATION AND CERTIFICATION
12 RECORDED OWNER
a,Name b Address C Cityd.State
I a.ZIP+4
Kodiak Island Borough 710 Mill Bay Road Kodiak AK 996115-6398
-- -------------------------------------------------------
13,BY SUBMITTING THIS OFFER THE OFFEROR AGREES UPON ACCEPTANCE OF THIS PROPOSAL BY HEREIN SPECIFIED DATE TO LEASE TO
THE UNITED STATES OF AMERICA,THE PREMISES DESCRIBED,UPON THE TERMS AND CONDITIONS AS SPECIFIED HEREIN,IN FULL
COMPLIANCE WITH AND ACCEPTANCE OF THE AFOREMENTIONED RLP,WITH ATTACHMENTS
0
1 have read the RLP and ks attachments In its anfinaly and I am u tln no deviations.
14 Offemr's Interest in Prop"
EDOwner []Agent E]Other...................................................................................................................................................
15.OFFEROR Check if same as Recorded Owner
a Name b Address G City d,State e,ZIP+4
I Title g,E-Mail Address h Telephone Number
3 GSA FORM 1364D (REV 09/14)
Page 20 of 235
GSA Lease
AGENDA ITEM#2.a.
1,Offeror's signature j,Date Signed
GSA FORM 1364D INSTRUCTIONS
NOTE: THE 1364D IS AVAILABLE AS A TABLE IN WORD J.DOC)FORMAT. OFFERORS ARE NOT LIMITED BY THE CELL
SIZE AS THE DOCUMENT WILL EXPAND TO ACCOMMODATE ADDITIONAL INFORMATION AS NEEDED. IT IS
EXPECTED THAT A COMPLETE OFFER MAY RESULT IN A 1364 THAT EXCEEDS THE 2 PAGE FORMAT PROVIDED.
SECTION I—DESCRIPTION OF PREMISES
1.BUILDING DESCRIPTION
Block 1a
Building Name
If applicable,the Offeror should provide the budd,rig name of the proposed fscjilry�'building,to house the Government'&space requirement.
Block 1b
Building Address
The Offeror must provide the building street address of the proposed facility/building,to house the Govemment's space requirement, If an unimproved site
is being offered.attach a site plan as detailed in the RLP
Block 1c
Building City
The Offeror must prov de the name of the City the proposed fisclity/building is located
Block 1d
Building State
The Offeror must provide the name of the State or U S Territory the proposed facilitylbulKng is located
Block 1e
Building 9-Digit ZIP Code
The Offeror must provide the 9-Digit United States Postal Service Zip Code for the address of the proposed facility/builatIng.
The 9-Digit Zip Code can be found on the Umted States Postal Service Web Site either on L22.A&p4 or
2.BUILDING SIZE
Block 2a
General Purpose(Office)
It the buildingfladity offered is,or will be constructed as,a general-purpose office and/or retail facility,the Offeror must provide the total rentable square
feet of space in the building being offered to house the Government's space requirement. Rentable space Is the area for which a tenant is charged rent.
The rentable square feet are determined by the building owner and agreed to by the Contracting Officer The rentable space may include a sham of
building supporVicommon areas such as elevator lobbies, building corridors,,and Poor service areas. Floor service areas typically include restrooms
janitor rooms,telephone closets,electrical closets,and mechanical rooms The rentable space does not Include vertical building penetrations and the4
enclosing walls,such as stairs,elevator shafts,and vertical ducts
Block 2b
Warehouse
If the buildingfiecUrty offered was,or will be,constructed as a warehouse,,the Offeror must provide the total rentable square feet of space in the building
being offered to house the Government's space requirement.
Block 2c
Other
It the buNdingMacility offered was,or will be,constrixted with Lob or Special Use space,the Offeror must provide the total rentable square feet of space in
the building being offered to house the Government's space requirement.
Block 2d Total Square Footage
The purpose for this block is to quantify the total square footage in the offered building. This line should equal the sum of 2a,2b and 2c.
Block 2*Total Parking
The Offeror shall provide the number of parking spaces for the entire build,ng/fadlity,which are under the control of the Offeror if the offered bulldinq,
shares parking with neighboring buildings,the Offeror is requested to give the total)number of surface andfor structured parking available along with the
total number of parking spaces surface and/or structured allocated to the offered building.
3,SPACE OFFERED
Block 3a
General Purpose(Office)
If the buildingflacility offered is,or will be constructed as,a general-purpose office and/or retail facility,the Offeror must provide the totai rentable square
feet and ANSI BOMA Office Area square feet of space being offered to house the Government's space requirement
4 GSA FORM 1364D (REV 09/141
Page 21 of 235
GSA Lease
AGENDA ITEM#2.a.
Rentable space is the area for which a tenant is charged rent The rentable square feet am determined by the build,ng owner and agreed to by the
Contracting Officer The rentable space may include a sham of buTl4ing supportircommon areas such as elevator lobbies,building corridors,and floor
service areas Floor service areas typically include res ms,janitor roams,telephone closets,electrical closets,and mechanical roams- The rentable
space does not include vertical building penetrations and their eridas-ng walks,such as sta;,ra,elevator shorts,and vertical duct%
The Government recognizes the American National Standards bristiturts/Building Owners and Managers Association(ANSIIBOMA)Intamational standard
(Z65 1-1996)definition for Office Area ANSI/BD LIA Office Area square feet shall be computed by measuring the area enclosed by the finished surface of
the room side of corridors(corridors in place as well as those raqwrod by local codes and ordinances to provide an acceptable level of safety andfor to
provide access to essential building elements)and other permanent walls the dominant portion(refer to Z65 1)of building eAerlor wa1s,and the conterof
tenant-separafing partitions, Where alcoves,recessed entrances,or similar deviations from the comidor are present,ANSIIBOMA Office Area square feet
shall be computed as W the deviation were not present.
Block 31;
General Purpose(Warehouse)
If the building/facility offered was,or will be,constructed as a warehouse the Offeror must provide the total rentable square feet d space being offered to
house the Government's space requirement
Block 3c
Other
If the build,ng/facility offered was,or will be,constructed with Lab or Special Use spare,the Offeror must provide the total rentable square feet of space
being offered to house the Government's space requirement
Block 3d Total Square Footage
The purpose for this block is to quantity the total square footage being offered to the government This line should equal the sum of 3a,3b and 3c.
Block 39 Offered Reserved Parking
The Offeror shall provide the number ofstructured and surface parking spaces that are being offered to the government
Block 4 C.A.F.
The Offeror must provide the Common Area Factor(a conversion factoqs)determined by the building owner and applied by the Offeror to the ANSUBOMA
Office Area square feet to determine the rentable square feet for the offered space). The equation is rentable square feet divided by ANSVBOMA Office
Area square fast.
If the space offered is an multiple ficars and does not have a vng?&common area factor because or changes In floor design due to building
architactum/building systems or due to full floor and partial floor occupancy under the same lease proposal,the Government requests the common area
factors hernized by ibmtion and by floor if the offer is the successful offer.the Government an a case-by-case basJ5,,may request to have one common
area factor, which would be the blend averaged common area factor This blendedlaveraged common area factor may be placed on contract
documents,for Internal Government purposes
If the product of rentable square feet divided by ANSPBOMA Office Area square feet does not round evenly.the Government requests that the result be
provided up to 9 decimal places.
SECTION 11—RATES
S.EXISTING LEASE
This section pertains to the nesting GSA lease and Is to be completed by the government. This Information is Intended to provide a basis for the offisror
when considering their new offered rates,
S.OFFERED RATES
Block 68
Shell
Stale the rental consideration required to provide the shell space and other Improvements as defined in the RLP
Block alls
Operating
The Olforor must provide any and all services,utility expenses excluding ownership and managerial costs,on a first lease year rentable square toot basis
It an offeror proposes set changes in rent for operating costs rather than using the operating cost adjustment paragraph in the RLP or Lease,Indmate
changes in operating costs and the number of years each rate Is in effect,
Block So
Amortization of Tenant Improvements
State the annual rent and pet rates to amortize any tenant improvements Identified In the RLP The Offeror is reminded that tenant 6mprovementi;51hall
provide for all alterations for the government-demised area above the building shell build-out.
Block 6d
Building Specific Amortized Capital
State the annual rent and pst rates to amortize the costs of Building Speeffic Amortized Capital costs They must be priced separately from any tenant
improvements.
Block So
Total Annual Parking Cost
The Offeror shall state whether the offered rental rate(s)above Include parking costs It not,provide the annual cost per space for structured and surface
parking spaces.
5 GSA FORM 1364D )REV 09/24)
Page 22 of 235
GSA Lease
AGENDA ITEM#2.a.
Block fif
tannafRoof
The Offercir shall state whether the offered rental rate(s)above include antennalroof costs. If not,provide the annual cost for use of the mof
Block fig
Other
The Offeror shall include any additional costs not identified in boxes 6a—6f in this box.
Block Bh
Total
This line should equal the sum of 6a—69,
Block 61
Enter the principal amounts and interest rates for oma tion of Tenant Improvements and Building-Specific Amortized Capital requirements,
ote:The Offercur must provide any additional information that impacts the offer hero. Pmvide additional pages as necessary.
Block 6)
Additional Financial Aspects of the Lease
Various paragraphs of the RLP discuss the items listed below, So that the offer fully addresses these issues,provide the following infonaUon
the proposed rental adjustment for vacant premises;
normal hours of operation for HVAC
the overtime HVAC rate;
rate for areas requiring 24 hour HVAC(per RLP requirements such as LAN moms,etc.),when Lease indicates that these costs will be paid separately
by the occupantagency.
SECTION III—TERM
Block 7a
Number of Years for Initial Term
The Offercir is requested to confirm that the total initial term of the proposal is consistent with the Solicitation for Offers and its attachments
Block 7b
Years Finn
The Offemor is requested to conform that the firm tens portion of the total initial term of the proposal is consistent with the Solicitation for Offers and its
attachments. Block 21 a may be the same as Block 21 b,as defined by the Solicitation for Offers and its attachments.
Block 7c
Days Hadcato Terminate
If the Solicitation for Offers requires,or if the Offeror provides termination rights during the term of the proposed tease,the Offeroar must provide the
number of days notice ui for the Government to terminate the proposed lease.
Block as
Renewal Option Shell Rate
If the Solicitation for Offers requires a renewal option She renewal options will be evaluated in accordance with the Solicitation for Offers, Block 22a
requests the shell rate per rentable square foot proposed by the Offoror
The Offercir is reminded that the Government anticipates that the tenant build-out will be fully amortized at the end of the firm term. Any desired rent
Increases or decreases should be reflected in the shell rate and fully explained as part of this written proposal
If the Offeror submits an unsolicited renewal option,the Offamr understands that even if his/her offer is the successful offer the Contracting Officer,may
choose not to incorporate the renewal option into the lease language.
please note procurement and appropriation regulations may prevent GSA from incorporating a renewal option into the lease agreement and may prevent GSA from
ultimately exercising a renewal option written Into the lease agreement
Block Ith
Renewal Option—Years Each
The Offeror is requested to confirm that the renewal term of the proposal is consistent with the Solicitation for Offers and its attachments. If the Solieitation
for Offers requested more than one renewal term,the Offercor Is requested to confirm that the renewal terms of the proposal are consistent with the
Government's requirement.
Block Sc
Number of Renewal Options
The Offeror is requested to confirm that the number of renewal option periods reflected in this proposal is consistent with the$cificitation for Offers and Its
attachments
Block lid
Days Notice to Exercise Renewal Options
It the Solicitation for Offers requires a renewal option,the number of days notice uired to exercise the renewal option is requested TheSolicitationfoor
Offers may sp a number of days notice as determined by the Contracting Officer Otherwise,the number of days notice should be reasonable and in
accordance with market conditions.
GSA FOR D (REV 09/14)
Page 23 of 235
GSA Lease
AGENDA ITEM #2.a.
SECTION IV-ADDITIONAL TERMS AND CONDITIONS
Block go
Tenant Representative Commission
If GSA uses an authorized Realty Company as Its official tenant representative.the Offeror must provide the total percentage of commission allocated in
the proforma,for this proposal.to the tenant represents tiveftenant broker, This Information is necessary to measure the national broker contract program
results
The General Services Administration(GSA)may designate an authorized Realty Company as the Governments representative While a GSA Contracting
Officer must execute the lease agreement,the authorized Realty Company will be entitled to the tenant representativeherrant broker commission.which Is
a common commercial real estate business practice Such commission shall be payable to the authorized Realty Company In the form of a check due in
accordance with local laws and customs but no later than the lease commencement date
Under the terms of the contract between GSA and the authorized Realty Company,the authorized Really Company will forego a certain percentage
previously agreed to by the authorized Realty Company The Offeror will apply the percentage foregone by the authorized Realty Company as a credit to
the Shall Rent of the lease(herein,commission credit). Said credit will ultimately be reflected in a reduction to the shell rent on the Standard Form 2,,
entitled'U.S Government Lease for Real property'
The Solicitation for Offers will state the percentage forgone by the authorized Realty Company
For purposes of the prics evaluation, any commission its shall be treated as a lump sum credit and will be evaluated in accordance with the
procedures established in the"Price Evaluation"paragraph In the SUMMARY section or the Solicitation for Offem. The commissions paid to the GSA
authorized Realty Company,as direct payment,will not be applied to the present value analysis
A proforma Is defined 25 the ownerships'projected financial analysis an their Income and expenses In determining their proposal to the Government
Block Do
Owner's Representative Commission
If GSA uses an authorized Realty Company as its official tenant representative the Offeror must provide the total percentage of commission allocated in
the proforma,for this proposal,to the awner's representativelowner's broker This block is to gather Information and measure the national broker contract
program results.
Black 9c
Schedule of Commission Payments
If GSA uses an authorized Realty Company as Its official tenant representative,the Offeror must provide the schedule of commission payments as
allocated In the prolorma,for this proposal Under the terms of the contract between GSA and the authorized Realty Company,the authorized Realty
Company will forego a certain percentage referenced above as the commission credit as part of the Really Companies contract with GSA. The remaining
commission shall be payable to the authorized Reeky Company In the form of a check due in accordance with local lam and customs but no later than the
lease commencement date. This block is to gather Information on the timing of commission payments to measure the national broker contract program
results
Block 10
Specific Offered Incentives
The Offeror Is requested to describe any incentives induced in their offer such as free rent orf spare.
Block 11
Additional Remarks or Conditions with respect to this offer
The Offerar must provide any additional information that impacts the offer. Provide additional pages as necessary
SECTION V—OWNER IDENTIFICATION AND CERTIFICATION
Block 12
Recorded Owner
The Offemrmust provide the name and full address of the recorded owner of the properly proposed In response to the Government's requirement,
Block 13
Agreement to Lease to the United States
By submitUng this offer,the Offerar agrees upon acceptance of this proposal by the heroin specified date,to lease to the United States of AMericad the
premises described upon the terms and conditions as specified herein in full compliance with and acceptance of the aforementioned Solicitation for
Offers,,with attachments
Block 14
Offeroes interest In the Prop"
The Offeror must Identify their Interest in the property,whether(hey have an ownership interest they are an agent,or some other relationship to the
property being proposed?n response to the Government's requirement. If the Offeror is an agent,provide a copy of the agency agreement indicating
control of the property
Block 15
Offeror Information
The proposal must include the Offeroo's name,title,address,email address phone,signature and date of signature
The Contracting Officer may request an authority to represent letter from the ownership identifying the Offierar as his/her official representative Refer to
the Parties to Execute Lease dause in the Solicitation Provisions(GSA Form 3516)for additional Information that will be required prior to any tease
execution
7 GSA FORM 13644 (REV 09/14)
Page 24 of 235
GSA Lease
AGENDA ITEM #2.a.
SucceadlingiSuperseding Lease
LEASE NO. GS-IOP-LAK07482 3A FORM 1-202(Ma 20151
1Nr%'1l'R1lJC'nQN&iIWO 10FIFFiRONS: Da notaftempt to co:MpIlete"flis hTW58 001i(GSA I mise Ifaoumn 11202" . thion selacdon fail wivaid,GBA miflfl
hainsiciribio offomr'fi final cilfflirlikid rent gind offinir prica data Ilnrelliudsd aim$11i 4laose piroposM iorin 110SA 11 nikso Riopinsall Famirii
1364 5, liiair�irili�naftsir IlImase F'relpasirl Fonwil W110 0 109,350 FOML and trans mint li loomphtind LOWD F�Ulrllii, WgU0101ir Wfth 01111PIliolprNifin
r1l.fachruents,to the snccqm,usfiull 0111ifenoir For oxeicu0on,
This Lease is made and entered into between
Kodiak Island Borough
(Lessor),whose principal place of business and contact information 15 Office of the Borough Manager,710 Mill Say Road,Kodiak,AK 99615-6390
Phone(907}486-9301 and whose intermit in the Property described herein is that of Fee Owner and
The United States of America
(Government),whose principal place of business and contact Information Is Leasing blvison Atte'Leasing Branch Chief,400 15°St SW,Auburn,WA
90001 and acting by and through the designated representative of the General Services Administration(GSA),upon the terms and conditions set forth
herein,
Witnesseth:The parties hereto,for the consideration hereinafter mentioned,covenant and agree as follows'
Lessor hereby looses to the Government the Premises described herein,being ah or a portion of the Property located at
301 Research Court Kodiak,AK 99615.6390
and more fully described In Section 1 and Exhibit A,together with rights to the use of packing and other areas as set forth herein,to be used for such
purposes as determined by GSA.
LEASE TERM
To Have and To Hold the said Premises with its appurtenances forthe term beginning April 1,2016 and continuing for a period of
20 Years,13 Years Firm,
subject to termination and renewal rights as may be hereinafter set forth. The commencement date of this Lease, along with any applicable
termination and renewal rights,shall be more specifically set tooth In a Lease Amendment upon substantial completion and acceptance of the Space
by the Government.
In Witness Whereof,the parties to this Lease evidence their agreement to all terms and conditions set forth herein by their signatures below,to be
effective as of the date of delivery of the fully executed Lease to the Lessor
FOR THE LESSOR: FOR THE GOVERNMENT:
Name, [Name]
Lease Contracting Officer
Title
General Services Administration,Public Buildings Service
Date Date
WITNESSED FOR THE LESSOR BY:
Name
Title
LEASE NO.GS-I0P-LAK07482, LESSOR: GOVERNMENT: GSA FORM L202(40 15)
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GSA Lease
AGENDA ITEM #2.a.
Doti:
The iimf¢ammofiaaun cofllauutmn requiir mennts conlained limo ttnas SahmWtunxn/GnanUact„ f%nat anima not rr ualmeat by tllme meg iWatiaain Ihave Itwen rslfapnmved by tlhma
Office of Management amd Budget Ifauarsuai nit to the Pap:mr&c0rr lReduadimamn Act simiid a migned]Me G W-3 CointrM No 3090-0163
LEASE NO.GS-10P-LAK07482 LESSOR: GOVERNMENT: GSA FORM L202(05115)
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AGENDA ITEM #2.a.
SECTION 1 THE PREMISES,RENT,AND OTHER TERMS 1
1.01 THE PREMISES(SUCCEEDING)(SEP 2013,1 1
102 EXPRESS APPURTENANT RIGHTS(SEP 2013) 1
1,03 RENT AND OTHER CONSME TIONS(APR2015).. „1
1 0 TERMINATION RIGHTS (AUG 2411)_ 2
1.05 DOCUMENTS INCORPORATED IN THE LEASE(APR 2015) 2
1.06 PERCENTAGE OF OCCUPANCY(JUN 2012) _. 2
107 OPERATING COST BASE(SEP 2013).. __,...2
1.08 RATE FOR ADJUSTMENT FOR VACANT LSED PREMISES(SEP 2013) 2
1.09 24-HOUR HVAC REQUIREMENT(SEP 2014)..,
SECTION 2 GENERALS,CONDITIONS,AND STANDARDS................,,........,...................•............................................................4
201 DEFINIVONS AND GENERAL TERMS(SEP 2013), 4
2,02 AUTHORIZED REPRESENTATIVES(JUN 2012) _ 4
2.03 ALTERATIONS REQUESTED BY THE GOVERNMENT(SEP 2013) 5
2,04 WAIVER OF RESTORATION(APR 2011)" 5
2.05 CHANGE OF OWNERSHIP(APR 2015) . . 5
2.06 ADJUSTMENT FOR VACANT PREMISES(SEP 2013) 5
2..07 OPERATING COSTS ADJUSTMENT(JUN 2012) 6
SECTION 3 CONSTRUCTION STANDARDS AND SHELL COMPONENTS..............................,.................•...............................................8
301 WORK PERFORMANCE(JUN 2012)
302 RECYCLED CONTENT PRODUCTS(COMPREHENSIVE PROCUREMENT GUIDELINES)(SEP 2013) _ a
3.03 ENVIRONMENTALLY PREFERABLE BUILDMG PRODUCTS AND MATERIALS(SEP 2013).. ..,, 8
304 EXISTING FIT^OUT;,SALVAGED„OR REUSED BUILDING MATERIAL(JUN 2012) 8
3.05 CONSTRUCTION WASTE MANAGEMENT(SUCCEEDING)(JUN 2012} ...... ....... 8
306 BUILDING SHELL REQUIREMENTS(SEP 2013) 9
307 RESPONSIBILITY OF THE LESSOR AND LESSOR'S ARCHITECTIENGINEER(SUCCEEDING)(APR 2011) 9
308 QUALITY AND APPEARANCE OF BUILDING(SUCCEEDING)(SEPT 2011) 9
309 VESTIBULES(SUCCEEDING)(APR 2011} 9
3.10 MEANS OF EGRESS(MAY2015).. ._,,. _ 9
311 AUTOMATIC FIRE SPRINKLER SYSTEM(SEP 2013), _. 10
3,12 FIRE ALARM SYSTEM(SEP 2013) 10
3,13 ENERGY INDEPENDENCE AND SECURITY ACT(DEC 2011) 10
314 ELEVATORS(SEP 2013).
3,15 DEMOLITION(JUN 2012) 11
3.16 ACCESSIBILITY(FEB 2007)
317 CEILINGS(APR 2015) ti
3 16 EXTERIOR AND COMMON AREA DOORS AND HARDWARE(SEP 2013), 12
319 DOORS IDENTIFICATION(APR 2011) .,_, 12
320 WINDOWS(SUCCEEDING)(SEPT 2011) 12
321 PARTITIONS', GENERAL(APR 2015) 12
3,22 PARTITIONSPERMANENT(APR 2015). 12
3,23 INSULATION', THERMAL,ACOUSTIC AND HVAC(SEP 2013),. 12
3,24 WALL FINISHES-SHELL(SUCCEEDING)(JUN 2012). _ __ 12
3.25 PAINTING-SHELL(JUN 2012) 13
3.25 FLOORS AND FLOOR LOAD(APR 2015)._. 13
3,27 FLOOR COVERING AND PERIMETERS-SHELL(SUCCEEDING)(JUN 2012) 13
3.28 MECHANICAL,ELECTRICAL,PLUMBING: GENERAL(APR 2011). 13
3.29 ELECTRICAL(JUN 2012). 13
3.30 DRINKING FOUNTAINS(APR 2011) „..,13
3.31 RESTROOS(SEP 2013) 13
3.32 PLUMBING FIXTURES:WATER CONSERVATION(DEC 2011)... ....14
3.33 JANITOR CLOSETS(SUCCEEDING)(JUN 2012) 14
3.34 HEATING VENTILATION AND AIR CONDITIONING-SHELL(SEP 2013)., 14
3.35 TELECOMMUNICATIONS„ DISTRIBUTION AND EQUIPMENT(SUCCEEDING)(SEPT 2011)..,,., 15
3.36 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS(JUN 2012) 15
3.37 LIGHTING: INTERIOR AND PARKING-SHELL(SUCCEEDING)(SEP 2013) 15
338 ACOUSTICAL REQUIREMENTS(JUN 2012) 15
3.39 INDOOR AIR QUALITY DURING CONSTRUCTION(SEP 2013) _._ 18
3.40 SYSTEMS COMMISSIONING(APR 2011),. 15
3.41 DUE DIUGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS-LEASE(SEP 2014) 17
SECTION 4 DESIGN,CONSTRUCTION,AND POST AWARD ACTIVITIES.....-......................................................................................16
4.01 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY(SUCCEEDING)(MAY 2015) 1B
4.02 AS-BUIILT DRAWINGS(JUN 2012). .. .... 1B
LEASE NO.05.10P• 07 2 LESSOR: GOVERNMENT., - GSA FORM L202(85115)
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LeaseGSA
AGENDA ITEM #2.a.
SECTIONS TENANT IMPROVEMENT COMPONENTS............................................................................................................................19
501 TENANT IMPROVEMENT REQUIREMENTS(SEP 2013} is
502 DOORS INTERIOR(SUCCEEDING)(SEP 2013). 19
503 DOORS HARDWARE(SUCCEEDING)(SEP 2013) 19
504 PARTITIONSSUBDIVIDING(SUCCEEDING)(SEP 2013) 19
505 WALL FINISHES(JUN 2012) 19
506 PAINTING–71(SEP 2013) 19
507 FLOOR COVERINGS AND PERIMETERS(APR 2015) 20
508 HEATING AND AIR CONDITIONING(SUCCEEDING)(JUN 2012) -- 21
509 ELECTRICAL DISTRIBUTION(SUCCEEDING)(JUN 2012) 21
510 LIGHTING. INTERIOR AND PARKING–TI(SUCCEEDING)(SEP 2013) 21
SECTION 6 UTILITIES,SERVICES,AND OBLIGATIONS DURING THE LEASE TERM..........................................................................22
6,01 PROVISION OF SERVICES,ACCESS,AND NORMAL HOURS(JUN 2012),
6,02 UTILITIES(APR 2011) 22
5.03 UTILITY CONSUMPTION REPORTING(JUN 2012) 22
6.04 HEATING AND AIR CONDITIONING(SEP 2014), 22
6.06 JANITORIAL SERVICES(JUN 2012). 22
6.06 SELECTION OF CLEANING PRODUCTS(APR 2015) 23
6.07 SELECTION OF PAPER PRODUCTS(APR 2016) .23
6.0 SNOW REMOVAL(APR 2011), 23
6,09 MAINTENANCE AND TESTING OF SYSTEMS(SEP 2013) 23
610 MAINTENANCE OF PROVIDED FINISHES(SEP 2013) 24
6.11 ASBESTOS ABATEMENT(APR 2011). - 24
6 12 ONSITE LESSOR MANAGEMENT(APR 2011) 24
6 13 IDENTITY VERIFICATION OF PERSONNEL(SEP 2013) 24
6,14 SCHEDULE OF PERIODIC SERVICES(JUN 2012) 25
6.15 LANDSCAPING(SUCCEEDING)(JUN 2012).. — 26
616 LANDSCAPE MAINTENANCE(APR 2011) 25
617 RECYCLING(JUN 2012), 25
618 RANDOLPH-SHEPPARD COMPLIANCE(SEP 2013) 26
619 SAFEGUARDING AND DISSEMINATION OF SENSITIVE BUT UNCLASSIFIED(SBU)BUlMNG INFORMATION(SEP 2013) 25
620 INDOOR AIR QUALITY(SEP 2013) - 27
621 RADON IN AIR(SUCCEEDING)(SEP 2013) 27
622 HAZARDOUS MATERIALS(SEP 2013) 28
623 MOLD(SEP 2013) 28
624 OCCUPANT EMERGENCY PLANS(SEP 2013) 29
SECTION 7 ADDITIONAL TERMS AND CONDITIONS..............................................................................................................................30
701 SECURITY STANDARDS(JUN 2012) 30
a 0 SPECIAL REQUIREMENTS 30
LEASE NO.GS-I0P-LAK07462 LESSOR., GOVERNMENT. GSA FORM L202(05115)
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AGENDA ITEM #Za.
SECTION I THE PREMISES,RENT,AND OTHER TERMS
1.01 THE PREMISES(SUCCEEDING)(SEP 2013)
Unless otherwise noted,the Government accepts the Premses and tenant Improvements In their existing condition,except where specifications or
standards am contained elsewhere in this Lease These standards include security improvements, Fire Protection and Life Safety requirements,
ASAAS compliance,as well as compliance with all local codes and ordinances Such acceptanre by the Government of wasting Promises shall not
relieve Lessor of continuing Obligations for cleaning,jandonal,maintenanca,,repair,ate.as set forth in the Lease paragraphs and attached General
Clauses
The Premises are described as follows
A, rce and RelaRod Space, 25,332 rentable square feet(RSF),yielding 15,864 ANSIIBOMA Office Area(ABOA)square feet(SF)of office
and related Space located an the I and 2"' nuor(s)of the Building,as depicted on the floor plan(s)attached hereto as Exhibit A.
B. Q!2mmgp Area Ep=, The Common Area Factor(CAF)Is established as 1.6151742 percent. This factor.which represents the conversion
from ABOA to rentable square feet,rounded to the nearest whole percentage,shalli be used for purposes at rental adjustments In accordance with the
Payment Clause of the General Clauses,
1,02 EXPRESS APPURTENANT RIGHTS(SEP 2013)
The Government shall have the non-exclusive eight to the use of Appurtenant Areas,and shall have the right to post Rules and Regulations Governing
Conduct an Facterw Property.Tito 41 CFR,Part 102-74,Subpart C within such areas. The Gwernment will coordinate with Lessor to ensure signage
Is consistent with Lassoes standards, Appurtenant to the Premises and included in the Lease are rights to use the following
A F!e!] 34 parking spaces(31 car and 3 bast),reserved for the exclusive use of the Government of which 0 shall be structuredfinside
parking spaces,and 34 shall be surfaceloutside parking spaces In addition,the Lessor shall provides additional parking spaces as required by
the applicable code of the local government amity having jurisdiction over the Property.Outside of normal business hours or by agreement between
the Government and Lessor,,vacant parking spaces are available for use by Lessor.
B 6nletioas.59WIlln Dishes.and RelatedT--i..i..n—i— . (1)Spare located on the race of the Building sufficient in size for the
Installation and placement of tolecommun,cations equipment.(2)the eight to access the mot of the Building,and(3)use of all Building areas(a g,
chases plenums,etc,)necessary for the use,operation,and maintenance of such telecommunications equipment all all times during the term of this
Lease If the Government chooses to make any red installation,the Government will pay all costs Including but not limited to a mofing engineer
1.03 RENT AND OTHER CONSIDERATIONS(APR 2015)
A The Government shall'pay the Lessor annual rant,payabte in monthly installments Inarrears.at the following rates
FoRm TEReo Now FI TS
ANNuALRFNT Awmu^L RENT
S"Eu RENT $165.86700 $185,867.00
BOND PAYMENT' $169,34900 $0.00
OPERATING COSTS' $429,40200 $429.40200
TOTAL ANNuALRENT $784,61111.00 S61526900
Bond payment–Ses fxhtmt F
Operating rent calculation is made up of the Operating Costs(5406,195 00)Including insurance(hazard,liability,etc)costs($23.207,00)
In instances where the Lessor amortizes either the TI or BSAC for a period exceeding the Firm Term of the Lease,should the Government terminate
the Lease after the Firm Term or does not otherwise renew or extend the term beyond the Form Term,the Government shall not be liable for any costs,
including unamortized costs beyond the Firm Tenn
B Rent is subject to adjustment based upon a mutual on-site measurement of the Space upon acceptance not to exceed 15,064 ABOA SP
based upon the methodology outlined under the"Payment'clause of GSA Form 3517
C, If the Government occupies the Promises for loss than a full calendar month,then rent shall be prorated based on ft actual number of days
of occupancy for that month,
D Rent shall be paid to Lessor by electronic funds transfer in accordance with the provistons of the General Clauses. Rent shall be payable to
the Payee designated by the Lessor in the System for Award Management(SAM) If the payee Is cifflevent from the Lessor,,both payee and Lesser
must be registered in SAM,
LEASE NO.GS-I0P-LAK07482,PAGE I LESSOR:—GOVERNMENT, GSA FORM L202(05115)
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AGENDA ITEM#2.a.
E Lessor shall provide to the Government.en exchange for the payment of rental and other specified consideration the Wowing
1 The leasehold interest in the Property described in the paragraph entitled The Promises'
2 AS Costs,expenses and fees to perform the work requ4od for acceptance of the Promises In accordance with this Lease,including
all costs for labor,materials,and equipment,professional fees,contractor fees,,attorney fees permit fees,inspeLftlan fees,and similar such fees,and
all related expenses
3 Performance or satisfaction at all other obligations set forth in this Lease and oil services,udilles,and maintenance required for
the proper operation of the Property, the Building, and the Premises 4n accordance with the terms of the Lease,Including,but not limited to,all
inspections,modifications,repairs,replacements,and improvements required to be made thereto to meet the requirements of this Lease
F. Parking shall be prrovided at no cast
1.04 TERMINATION RIGHTS(AUG 291111►
The Government may terminate this Lease,in whole or In part,at any time effective after the Firm Term of this Lease,by providing not less then 360
days'prior written notice to the Lessor The effective date of the termination shall be the day following the expiration of the required notice period or
the termination date set forth In the notice,whichever is later. No rental shall accrue after the effective date of termination.For termination to take
effect,the terminated space must be cleared of Government equipment and supplies,
1.05 DOCUMENTS INCORPORATED IN THE LEASE(APR 2015)
The following documents am attached to and made part of the Lease
No.OF
DocuMENT NAME PAGES ExHisirr
FLOOR PLAN(S)AND SQUARE FOOTAGE CALLS 5 A
GSA FORM 35178 GENERAL CLALSES 46 a
GSA FORM 3518,REPRESENTATIONS A CERTIFICATIONS 12 C
GSA FORM 3518-SAM,AmEwoum To Sys Trm FOR 2 D
AWARD MANAGEMENT(SAM)REPRESENTATIONS AND
CERTIFICATIONS(AcouismoNs OF LEASEMOLD INTERESTS
PN REAL PROPERTY)
REPLACEMENT AND RENEWAL RESERVE I E
BOND AmcmnAviou SCHEDULE FOR PRINCkPAL PAYMENTS 5 F
MADE FROM 10115—3116&BOND AMORTIZATION SCHEDULE
POR REMAINING BOND AMOkNT STARTING APRIL 1,2016
GSA FORM 1217 1 G
1106 PERCENTAGE OF OCCUPANCY(JUN 2012)
As of the Lease Award Date,the Government's Percentage of Occupancy is 75.3 percent, The Percentage of Occupancy is derived by&.1&ng the
total Government Space of 25,332 RSF by the total Building space of 33,657 RSF.
1.07 OPERATING COST BASE(SEP 2013)
The parties agree,for the purpose of applying the paragraph filled"Operating Costs Adjustment,"that the Lassoes base rate for Operating Costs shall
be the Operating Costs$429,402.00/annum Including insurance(hazard,liability,etc)costs$23,207,0D The total VAII be$429,402 001annum The
Lessor will submit GSA Form 1217 by December 310 each year as derived from the Lessor's Fiscal Year ending June 30°of each year,
1.05 RATE FOR ADJUSTMENT FOR VACANT LEASED PREMISES(SEP 2013)
Inaccordance with the paragraph anNed'Adjustment for Vacant Premises'if the Government fails to occupy or vacates the entire or any portion of
the Promises prior to expiration of the term at the Lease,the Operating Costs paid by the Government as part of the rent shall be redu4od by
$2.00 per AOA SF of Space vacated by the Government. The reduced rate will be effective 30 days after notification to Lessor.
LEASE NO.GS-I0P-LAK07482,PAGE 2 LESSOR:—GOVERNMENT: GSA FORM L202(06115)
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GSA Lease
AGENDA IT . .
1.09 24-HOUR HVAC REQUIREMENT(SEP 2014)
A, 97 ABOA SF of the Space shall receve cooling at all times(24 hrs a day.365 days a year)for purposes of cooling the designated server room
(Roam 133). The temperature of this roam shall be mai-ntamed at no greater than 75 degrees F(preferred is fib degrees F).
B- The 24 flour coding service shall be provided by the Lessor as part of the Operating Cost Base
LEASE NO.GS-10P-LAK07482,PAGE 3 LESSOR: GOVERNMENT: GSA FORM L2021005)
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AGENDA ITEM #2.a.
SECTION 2 GENERAL TERMS,CONDITIONS,AND STANDARDS
2.01 DEFINITIONS AND GENERAL TERMS(SEP 2013)
Unless otherwise specifically noted,all terms and conditions set forth in this Lease shall be interpreted by reference to the following defiriltrons
standards,and formulas
A. Appurtenant Areas. Appurtenant as are defined as those areas and facilities on the Property that are not located within the Premises but for
which rights are expressly granted under this Lease,or for which rights to use are reasonably necessary or reasonably anticipated with respect to
the Government's enjoyment of the Promises and express appurtenant rights This includes pump houses and hazmat lockers
B. QMJej. If GSA awarded We Lease using a contract real estate broker,Bnoker shall refer to GSA's broker
C Building. The building(s)situated an the Property in which the Premises are located shall be referred to as the Building(s)
D Commission Credit. If GSA awarded this Lease using a Broker,and the Broker agreed to forego a percentage of its commission to which,.t is
entitled in connection with the award of this Lease the amount of this credit is referred to as the Commission Credit.
F. Common Area Factor fCAF1, The Common Area Factor(CAF)is a conversion factor determined by the Building owner and applied by the owner
to the ABOA SF to determine the RSF for the leased Space The CAP is expressed ase percentage of the difference between the amount of
rentable SF and ABOA SF,divided by the ABOA SF. For eumple 11,500 RSF and 10,000 ABOA SF will have a CAP of 15%[(11,500 RSF-
10,0110AOA SFY10,000ABOA SF] For the purposes of this Lease,the CAF shall be determined Inaccordance with the applicable ANSI/
BOA standard for the type of space to which the CAP shall apply,
F. Cglitogii, Contract and contractor means Lease and Lessor,respectively
G. PAn, All references to`day"or"days*In this Lease shall mean calendar days,unless specified otherwise
K f&RQAA_R- All references to die FAR shall he understood to Mean the Federal Acquisition Regulation,codified at 48 CFR Chapter 1, All
references to the GSAR shall be understood to mean the GSA supplement to the FAR.codified at 48 CFR Chapter 5
1, Firm Te arc-Firm Term. The Firm Term is that part of the Lease term that is not subject to termination rights The Non-Firm Term Is that part
of the Lease term following the end of the Firm Term,
J Lease Term Ggilllmongilimenj Date. The Lease Term Commencement Data Means the data an which the lease term commences
K. Lease 6ward Date. The Lease Award Date means the date of execution of the Lease by the LCO and the mailing or otherwise fumhishiflg written
notification of the executed Lease to the successful Offerar(and on which the parties'obligations under the Lease begin)
L erefflises The Premises are defined as the total Office Area or other type of Space,tDgetherwillh all associated common areas,,described in
Section 1 of this Lease,and del,nested by plan In the attached exhibit. Parking and other areas to which the Government has rights under this
Lease are not included in the Premises
M [!fggefty The Property is defined as the land and Buildings In which the Premises are located,including all Appurtenant Areas(a g,parking
areas)to which the Government is granted rights
N E!@gJ@W2$g@r&!2E RIBIA!2IM$gy@Eg F 18,1ift Rentable Space is the area for which a tenant is charged raft It is determined by the Building
owner and may vary by city or by building within the same city The Rentable Space may include a share of Building support/common areas
such as elevator lobbies.Building corridors,and floor service areas Floor service are typically include restrooms,janitor moms,telephone
closets,,electrical closets,and mechanical rooms. The Rentable Space does not Include vertical building penetrations and their enclosing wells,
such as stairs,elevator shafts,and vertical ducts. Rentable Square Feet is calculated using the folk owing formula for each type of Spate(a ll,
office warehouse,etc)lnduded In the Promises: ABOA SF of Space x(1+CAF)=RSF
0 ZpM. The Space shall refer to that part of the Premises to which the Government has exclusive use,such as Office Area or other type of
Space Parking areas to which the Government has rights under this Lease am not Included In the Space
P Q!&@ Area. For the purposes of this Lease.Space shall be measured in accordance with the standard(Z65 1-1996)provided by American
National Standards InsfitutelBuilding Owners and Managers Association(ANSIIBOMA)for Office Area,which means"the area where a tenant
normally houses personnel andlor fumiture,,for which a measurement Is to be computed' References to ABOA mean ANSIPSOMA Office Area
O. ftrkipg Days. Working Days shall mean weekdays,excluding Saturdays and Sundays and Federal holidays,
2.02 AUTHORIZED REPRESENTATIVES(JUN 2012)
The signatories to this Lease shall have full authority to bind their respective principals with regard to all matters relating to this Lease No other
persons shall be understood to have any authority to bind their respective principals except to tree nt that such authority may be explicitly
LEASE NO.GS-IOP-LAK07482,PAGE 4 LESSOR:-GOVERNMENT' GSA FORM L202(05115)
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GSA Lease
AGENDA ITEM #2.a.
delegated by notice to the other party,or to the extent that such authority is transferred by succession of Interest The Government shall have the right
to substitute Its Lease Contracting Officer(LCO)by notice,without an express delegation by the prior LCO
2.03 ALTERATIONS REQUESTED BY THE GOVERNMENT(SEP 2013)
A The Government may request the Lessor to Provide alterations during the term of the Lease Alterations will be ordered by Issuance of a
Lease Amendment,GSA Form 300,Order for Supplies or Services,or,when specifically authorized to do so by the LCO,a tenant agerr*approved
form The GSA M clause,552.270-31,Prompt Payment,Including its Invoice requirements shall apply to orders for alterations Aji orders are subject
to the terms and conditions of this Lease and may be placed by the LCO or a warranted contracting officar's representative(COR)in GSA or the
tenant agency when specifically authorized to do so by the Lease Contracting Ofter,subject to the threshold Imitation below,
B Orders for alterations issued by an authorized COR are limited to no more than 5150,000(LCOS are not subIlect to this threshold) This
threshold will change according to future adjustments of the simplified acquisition threshold(tries FAR 2 101).The LCO will provide the Lessor with a
list of tenant agency officials authorized to place orders and will specify any limitations an the authority delegated to tenant agency officials The
tenant agency officials are not authorized to deal with the Lessor on any other matters
C, Payments for alterations ordered by the tenant agency under the authorization described in sub-paragraph 8 wil be made directly by the
tenant agency placing the order
D Refer to Exhibit E for the Replacement and Renewal Reserve List
2.04 WAIVER OF RESTORATION JAPR 2011)
The Lessor shall have no right to require the Government to restore the Promises upon termination of the Lease and waives all claims against the
Government for waste,damages,or restoration arising from or related to{o)the Governments normal and customary use of the Premises during the
term of the Lease(including any extensions thereof),as well as(b)any Initial or subsequent alteration to the Premises regardless of whether such
alterations are performed by the Lessor or by the Government At its sole option,the Government may abandon property In the Space following
expiration of the Lease,in which case the property will become the property of the Lessor and the Government will be relieved of any liability In
connection therewith,
2.05 CHANGE OF OWNERSHIP(APR 2015)
A. If during the term of the Lease,title to the Property is transferred.the Lease Is assigned,or the Lessor changes its legal name.the Lessor
and its successor shall comply with the requirements of FAR Subpart 42.12. If title is transferred.the Lessor shall notify the Government wKNn five
days of the transforof fide.
B The Government and the Lessor may execute a Change of Name Agreement K the Lessor is changing only its legal name, and the
Government's and the Lassoes respective fights and obligations remain unaffected A sample form is found at FAR 42 1205.
C If fifle to the Property is transferred,or the Lease is assigned,the Government,the original Lessor(Transferor),and then owner or
assignee(Transferee)shall execute a Novation Agreement providing for the transfer of Transferor's rights and obligations under the Lease to the
Transferee an executed on behalf of the Government,a Novation Agreement will be made part of the Lease via Lease Amendment
D In addition to all documents required by FAR 42 1204,the LCO may request additional Information(e.g.,copy of the deed,bil of sale
certificate of merger,contract court decree,articles of incorporation,operation agreement,partnershipcafficate of good standing,etc.)from the
Transferor or Transferee to verify the parties'representations regarding the transfer, and to determine whether the transfer of the Lease is in the
GovemmenVs interest
E It the LCO determines that recognizing the Transferee as the Lessor will not be in the Govemmenra interest the Transferor shall remom
fully liable to the Government for the Transferee's performance of obligations under the Lease notwithstanding the transfer. Under no condition shall
the Government be obligated to release the Transferor of obligations prior to(a)the rent commencement date;and(b)any amounts due and owing to
the Government under the Lease have been paid In full or completely set off against the rental payments due under the Lease
F As a condition for being recognized as the Lessor and entitlement to raceMnig rent,the Transferee must register In the System for Award
Management(SAM)(Sea FAR 52.232-33),and complete and sign GSA Form 3518-SAM,Addendum to System for Award Management(SAM)
Representations and Certifications(Acquisitions of Leasehold Interests in Real Prop")
G If tifle to the Property is transferred,or the Lease Is assigned,rent shall continue to accrue,subject to the Government's rights as provided
for in this Lease However,the Govemm&nVB obligation to pay rent to the Transferee shall be suspended until the Government has received 211
Information reasonably required by the LCO under sub-paragraph D,the Government has determined that recognwng the Transferee as the Lessor Is
in the Governments interest(which determination will be prompt and not unreasonably withhold),and the Transferee has met all conditions specified
in sub-paragraph F. So long as any delays in affecting the recognition of Transferee as Lessor are not the responsibility at the Government,no
interest shall accrue an suspended rent.
2.06 ADJUSTMENT FOR VACANT PREMISES(SEP 2013)
A. If the Government fails to occupy any portion of the leased Premises or vacates the Prern,ses in whole or in part prior to expiration of the
term of the Lease,the rental rate and the hato for operating cost adjustments will be reduced.
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B. If no rate reduction has been established In this Lease,the rate will be reduced by that portion of the costs per ABOA SF of operating
expenses not required to maintain the Space. Said reduction shall occur after the Government gives 30 calendar days'prior notice to the Lessor and
shall continue in effect until the Government occupies the vacant Premises or the Lease expires or Is terminated
2.07 OPERATING COSTS JUS ENT(JUN 2012)
A. The Operating Cost Bass will be the same for the first three(3)years of the lease, subject to paragraph D These costs are costs for
donning services,supplies,material,maintenance.trash removal,landscaping,elevators,water,sewer charges,heating,air conditioning,electricity
and Insurance(hazard,liability,etc.)which are attributable to occupancy.
B. Each year the Lessor is required to submit to GSA qia GSA Form 1217 reflecting the Operating Costs for the year no later than December
31'. The parties will schedule a meeting within 30 days after the submission of the Operating Costs to mconde and acc!gt the GSA Form 1217 by
Lease Amendment. The address to submit the GSA Form 1217 is Leasing Division,Attn:Leasing Branch Chief,400 SW 15 St,Auburn WA 98001,
C, The Operating Costs am a pass-through The lease is divided into a series of adjustment periods beginning with a three year followed
by three($)year and a two year adjustment period. Subject to paragraph D,the Operating Cost Bass WH remain the some for the first adjustment
period.
The Operating Costs(from the officially accepted GSA Form 1217's)from the flr3t period*13 be averaged (X=Total Operating
Costs/adjustment period length)
At the and of the first three year adjustment period,the difference between the average Operating Costs and the annual Operating Cost Base will be
divided by the next adjustment length to determine the variance. (Ym(Operating Costs average—annual Operating Cost Base)/Next
adjustment length)
The variance plus the average of the Operating Costs equals the New Operating Cost Base (X+Y=New Operating Cost Base)
The same process will continue for the next adjustment periods(years 9.13 and 14-18 and 19-20)Years 19 and 20 will result in a difference that will
be paid lump sum by the owing party. Ail Operating Cast Base changes will be made by Lease Amendment with the effective date at the start of
each adjustment period. An example of the process follows below
Example
Operating Cost: Actual-1217 Base Variance
4/1/2016.3/31/2017 $505,000 S SOMOW 55,000
4/l/2017.3/31/ZOIB 5505,000 S 500,DOO $5,000
4/1/2018-3/31/2019 5512,000 S 500,000 $11,000
Totals 5115211000 5 1,500,000 521,000
Average(ttaalM S507,DDO
Annual recoup amount(total
variance/S years! $4,200
New base(effective 411/2019) 5511,200
Operating Cost Actual 1217 Base Variance
4/1/2019 3131/2020 $512,000 S 511,200 $8110
4J112020 3/31/2021 5530,000 $ 511,2010 s1g'80o
4/1/2021.3/31/2022 S516.D00 5 511,200 Sum
4/1/2022°3/31/2023 5522,000 S 511,200 510,00
4/l/2023,3/31/2024 $530,000 $ 521,200 $18,800
Totals 52,612,000 $ 2,556,000 556,000
Average(Intal/3) S522.400
Annual recoup amount(total
variance/5 years) 511,20u
New base(effective 4/112024) 5533.6DO
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D If the Operating Costs increase or decrease by mora than 25%cumulative within an adjustment period,the difference kil be re,mbursed or
eWil at 0%interest and adjusted by negotiation and Lease Amendment whit an effective date of April 1"foftowing submission of the GSA Form
1217
E Adjustinant Periods
Adjustment YR 1 411/2016^3/31/2017
Period I YR 2 4/1/2017.3/31/2018
VR 3 41112018 3/31/2019
VA 4 4/1/2019 3131/2020
Adjustment YR S 4/1/2020„3131/2021
Firm Period 2 YR 6 4/1/202I 3/3112022
Term YR 7 4/1/2022 3/3112023
YR B 4/1/2023 3/3112024
YR9 4/1/2024 3/31/2025
Adjustment YR 10 41112025 3131/2026
Period 3 YR it 411/2026^3/31/2027
YR 12 4/1/2027.3/31/2028
YR 13 4/1/2028^3/31/2029
YR 14 4/1/2029.3/31/2030
VA 15 4/112030 3/31/2031
Adjustment —
Non Firm Period 4 YR 16 4/112031 3/M/202
Term YR 27 4/11/21132 3/31/2033
YR 18 4/l/2033 3132/2034
—Adjustment YR 19 4/1/2034°3/31/2035
Period 5 YR 20 4/112035 3132/2036
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SECTION 3 CONSTRUCTIONSTANDARDS AND SHELL COMPONENTS
3.01 WORK PERFORMANCE(JUN 2012)
All work In performance of this Lease shall be done by skilled workers or mechanics and shall be acceptable to the LCO The LCO may reject the
Lessor's workers 1)if such are uniktensed, unskilled, or otherwise Incompetent or 2)if such have demonstrated a history of either untimely or
otherwise unacceptable performance in connection with work carried out in conjunction with either this contract or other government or private
contracts
3.02 RECYCLED CONTENT PRODUCTS(COMPREHENSIVE PROCUREMENT GUIDELINES)(SEP 2013)
A. The Lessor shall comply to the extent Feasible with the Resource Conservation and Recovery Act(RCRA),Section 6002,1976, The Lessor
shall use recycled content products as Indicated in this Lease and as designated by the U 5 Environmental Protection Agency (EPA)in the
Comprehensive Procurement Guidelines(CPG) 40 CFR Part 247,and its accompanying Recovered Materials Advisory Notice(R N). The CPG
lists the designated recycled content products EPA also provides recommended levels of recycled content for these products. The list of designated
products,EPA's recommendations,and lists of manufacturers and suppliers of the products can be found at hirtg1twww.eca.govicoo.
The Lessor,if unable to comply with both the CPG and RMAN lists,shall submit a Request for Waiver for each material to the LCO with the TI
pricing submittal The request for waiver shall be based on the following criteria:
1 The cost of the recommended product Is unreasonable.
2 Inadequate competition exists,
3 items are not available within a reasonable period.
4. Items do not meet Lease performance standards
3.03 ENVIRONMENTALLY PREFERABLE BUILDING PRODUCTS AND MATERIALS(SEP 20131
A. The Lessor shall use environmentally preferable products and materials The Lamar Is encouraged to consider the lifecycle analysis of the
product in addition to the initial cost,
B Refer to EPA's environmentally preferable purchasing Web site, .epe.gov/app and USDA Sio-Prefemed products Web site
www blopreferred gov. In general,environmentally preferable products and materials do one or mora of the following
1 Contain recycled materiat, are bio-based, are rapidly renewable (10-year or shorter growth cycle), or have other positive
environmental attributes.
2. Minimize the consumption of resources,energy,and water.
3 Prevent the creation of solid waste,air pollution,orwater poltution.
4. Promote the use of nontoxic substances and avoid toxic materials orpracesses,
C. The Lessor is encouraged to use products that are extracted and manufactured regionally.
3.04 EXISTING FIT-OUT,SALVAGED,OR REUSED BUILDING MATERIAL(JUN 2012)
A. Items and materials existing in the Premises or to be removed from the Premises during the demolition phase,are eligible for reuse In the
construction phase of the project. The rause of items and materials is preferable to recycling them„however,items considered for reuse shall be in re-
furbished condition and shall meet the quality standards set forth by the Government in(tris Lease. In the absence of definitive quality standards,the
Lessor is responsible to confirm that the quality of the item(s)In question shall meet or exceed accepted industry or trade standards for first quality
commercial grade applications.
B The Lessor shall submit a reuse plan to the LCO, The Government will not pay for existing tortures and other TIB accepted in place However,
the Government will reimburse the Lessor,as part of the TIA,the costs to repair or improve such fixtures or Improvements identified an the rouse plan
and approved by the LCO.
3.05 CONSTRUCTION WASTE MANAGEMENT(SUCCEEDING)(JUN 20121
A Recycling construction waste is mandatory for initial space alterations for Tls and subsequent alterations under the Lease,when available in
Kodiak,AK.
B Recycling construction waste means providing all services necessary to famish construction materials or wastes to organizations which will
employ these materials or wastes in the production of now materials Recycling Includes required labor and equipment necessary to separate
individual materials from the assemblies of which they form a part
C. SUBMITTAL REQUIREMENT: Prior to construction commencement,a proposed plan folioming industry standards to mcyde construction
waste The construction waste management plan shall quantify material diversion goals and maximize the materials to be recycled and/or salvaged
(at least 50 percent)from construction demolition.and packaging debris Where the smell quantity of material,the extraordinarily complex nature of
LEASE NO.6340P• 07 2,PAGE 8 LESSOR: GOVERNMENT. GSA FORM L202(05115)
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the waste disposal method,or prohibitive expense for recycling would represent a genuine hardship,the Government upon written request of the
Lessor and approval of the LCO,may permit alternative means of disposal
D. The Lessor shall recycle the following items during both the demolition and construction phases of the project.subject to economic evaluation
and feasibility:
1. Ceiling grid and file
2. Light fixtures,including proper disposal of any transformers,ballasts,and fluorescent light bulbs
3, Duct work and HVAC equipment
4. Wiring and electrical equipment
5 Aluminum andlor steel doom and frames
6. Hardware
7, Drywall
B. Steel studs
9. Carpel,carpet backing,and carpet padding
10, Wood
it. Insulation
12. Cardboard packaging
13. Pallets
14, Wridows and glazing materials
15. All miscellaneous metals(as in steel support frames for riling equipment)
16. All other finish and construction materials
E. If any waste materials encountered during the demolition or construction phase are found to contain lead,asbestos,polychlorinated biphenyls
(PCBs)(such as fluorescent lamp ballasts),or other harmful substances,they shall be handled and removed in accordance with Federal and state
laws and requirements concerning hazardous waste
F. In addition to providing"one time removal and recycling of large scale demolition items such as carpeting or drywall,the Lessor shall provide
continuous facilities for the recycling of incidental construction waste during the initial construction
G. Construction materials recycling records shall be maintained by the Lessor and shall be accessible to the LCO. Records shall include
materials recycled or land-filled,quantity,date,and iderifficatlon of hazardous wastes
3.06 BUILDING SHELL REQUIREMENTS(SEP 20139
A. The Building Shall shall be designed,constructed,and maintained in accordance with the standards set forth herein and completed prior to
acceptance of Space. For pricing,fulfillment of all requirements not specifically designated as Tis,Budding Specific Amortized Capital,,Operating
Costs,or other rent components as indicated shall be deemed included In the Shell Rent
B. Base stricture and Building enclosure components shall be complete All common areas accessible by the Government,such as lobbies,tire
egress condors and stairwells,elevators,garages,and service areas,shall be complete Restrooms shall be complete and operational All newly
install ed Building shell components,including but not limited to,heating,ventilation,and air conditioning(HVAC),electrical ceilings,sprinklers etc.,
shall be furnished,installed,and coordinated with TW Circulation corridors are provided as part of the base Building only an multi-tenant ed Boom
where the corridor Is common to more than one tenant On single tenant floors only the fire egress corhdor(s)necessary to meet code is provided as
part of the shelf
3.07 RESPONSIBILITY OF THE LESSOR AND LESSOR'S ARCHITECTIENGINEER(SUCCEEDING)(APR 20119
The Lessor shall be responsible for the professional qua��,ty,technical accuracy,and the coordination of all designs,drawings,specifications,and other
services fum4h&d by the Lessor under this contract The ilessor shall without additional compensation,correct or revise any errors or deficiencies in
its designs,drawings,specifications,or other services Except for errors or deficiencies in existing designs,drawings or specificstlons,if the incorrect
drawings for the Government's requested alterations was bid with missing requirements and the Government affirms then for the addibonaT items,
the Government Is responsible to pay the fair cost of the items Any cost that is inemased due to errors by the Lessors'architect such as having to
demolish something just built,will be the Lessors'responsibility. The Government,,prior to any bids.will have the opportunity to review and approve
design Intent drawings,construction drawings and specifications,with a 30 day review period
3.11111. QUALITY AND APPEARANCE OF BUILDING(SUCCEEDING)(SEPT 20111
During the Ift of the Lease the Building shall project a professiona=and aesthetically pleasing appearance including anettractive front and entrance
way, The facade,downspouts,roof him,and window rasing shall be dean and In good ccridifion
3.09 VES71SULES(SUCCEEDING)(APR 20119
A Existing vestibules shall remain In place at public entrances and exits wherever weather conditions and heat loss are Important factors for
consideration, in the event of negative air pressure conditions,provisions shall be made for equalizing a�r pressure
B E)dsbng griiias and grates shall remain In place to control,dirt and parfiWates from entering the Building at all primary exterior entryways
3.10 MEANS OF EGRESS(MAY 2015)
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A. Prior to occupancy, the Premises and any parking garage areas shall meet or will be upgraded to meel, either the appimable egress
requirements In the National Fire Protection Association Life Sarety Code(NFPA I 011)0 or the lfflemationall Code Council,InternaVanal Building Code
(IBC),, each current as of the Lease Award Date or use an altemative approach or method that achieves an equivalent ievr&of safety deemed
a=eplable by the Government.
B The Space shall have unrestricted access to a minimum of two remote exits an each floor of Government occupancy
C Interlockmg or scissor stairs located an the floor(s)where Space 15 located shall only count as one exit stair,
0 A fire escape located on the floor(s)where Space is located shall not be counted as an approved exit stwr.
E Doom shall not be locked in the direction of egress unless equipped with special locking hardware in accordance with requirements of NFPA
101 or the IBC
3.11 AUTOMATIC FIRE SPRINKLER SYSTEM(SEP 2013)
A, Any portion of the Space located below-grads,including parking garage areas,and all areas in a Building referred to as"hazardous areas"
(defined in National Fire Protection Association(NFPA)101)that are located within the entire Building(including non-Govemment areas)shall be
protected by an automatic fire sprinkler system or an equivalent level of safety
8 For Buildings in which any portion of the Space is on or above the sixth floor,then.at a minimum,the Buildfng up to and including the highest
floor of Government occupancy shall be protected by an automatic Fre sprinkler system or an equivaAnt Is"]of safety.
C For Buildings In which any portion of the Spare is on or above the sixth floor,and lease or the Space will result, either individually or in
combination with other Government Leases in the Buildmg.In the Government leasing 35,000 or more ANSIJBOMA Office Area SF of Space in the
Building,than the entire Building shall be protected throughout by an automatic fire sprinkler system or an equivalent level of safety
D. Automatic tire sprinkler system(s)shall be Installed in accordance with the requirements of NFPA 13,Standard for the installation of Sprinkler
Systems that was in effect an the actual date of Installation
E Automatic fire sprinkler system(s)shall be maintained Inaccordance with the requirements of NFPA 2S Standard for the lnspgdk3n,T650rig,
and Maintenance of Water-based F4a Protection Systems(current as of the Lease Award Date)
F "Equivalent level of safety"means an alternative design or system(which may Include automatic fire sprinkler systems),based upon fire
protection engineering analysis,which achieves a level of safety equal to or greater then that provided by automatic fire sprinkler systems
3.12 FIRE ALARM SYSTEM(SEP 2013)
A A Build'ing•wide fire alarm system shall be insWied in the entire Building in which any portion of the Spare is located on the 3"floor or
higher,
B The fire alarm system shall be installed in accordance with the requirements of NFPA 72,,National Fire Alarm and Signaling Code that was
in effort an the actual date of installation
C The fire alarm system shall be maintained in accordance with the requirements of NFPA 72,National Fire Alarm and Signaling Code
(current as of the Lease Award Date),
0 The fire alarm system shall transmit all fire alarm signals to the local fire department via any of the following means:directly to the local fire
department,to the(911)public communications center,to a central station,,to a namoks supervising station,or W a proprietary supervising station
E If the Building's fire alarm control unit Is over 25 years old as of the date of award or this Lease Lessor shall Install a new fire alarm
system In accordance with the requirements of NFPA 72 National Fire Alarm and Signaling Code(current as of the Lease Award Date),prior to
Government acceptance and occupancy of the Space,
3.13 ENERGY INDEPENDENCE AND SECURITY ACT(DEC 2011
A, The Energy Independence and Security Act(EISA)establishes the following requirements for Government Looses In Buildings that have not
earned the ENERGY STARO Label conferred by the Environmental Protection Agency(EPA)within one year prior to the due date for final proposal
revisions('most recent year)
B If this Lease was awarded under any of EISA's Section 435 statutory exceptions,the Lessor shall either
1 Earn the ENERGY STARK Label prior to acceptance of the Space(or not later than one year after the Lease Award Date of a succeeding or
superseding Lease);or
2 Complete energy efficiency and conservation improvements If any,agreed to by Lessor in lieu of earning the ENERGY STAR40 Label prior to
acceptance of this Space(or not later than one year after the Lease Award Date of a succeeding or superseding Lease)
C If this Lease was awarded to a Building to be built or to a Building predoirritantly vacant as of the due date for final proposal revisions and was
unable to earn the ENERGY STARO label for the most recent year(as defined above)due to Insufficient occupancy,but was able to demonstrate
LEASE NO.GS-IOP-LAK01482,PAGE 10 LESSOR:-GOVERNMENT. GSA FORM L202(05115)
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sufficient evidence of capability to earn the ENERGY STAR*label,then Lessor must earn the ENERGY STAR®label within 18 months after
occupancy by the GovemmenL
D The Government agrees the recently completed HVAC modifications meets the Intent of 3.138 2
3.14 ELEVATORS(SEP 2013)
A. The Lessor shall provide suitable passenger and,when required by the Government,freight elevator service to any of the Premises not having
ground level access Service shall be available during the normal hours of operation specified in the In this Lease. However,one passenger and,
when required by the Government one freight elevator shall be available at all times for Government use. When a freight elevator is required by the
Government.It shall be accessible to the loading areas. When possible,the Government shall be given 24-hour advance notice if the service is to be
interrupted for more than 1-112 hours. Normal service interruption shall be scheduled outside of the Government's normal working hours. The Lessor
shall also use best efforts to minimize ft frequency and duration of unscheduled Interruptions
a Qg4e: Elevators shall conform to the current requirements of the American Society of Mechanical Engineers ASME A17.1/CSA 1344,Safety
Coda for Elevators and Escalators(current as of the Lease Award Date) Elevators shall be provided with Phase I emergency recall operation and
Phase 11 emergency In-car operation in accordance with ASME At 7 VCSA B44 Fire alarm Initiating devices(e.g.,smoke detectors)used to initiate
Phase I emergency recall operation shall be Installed Inaccordance with the requirements of NFPA 72.National Fire Alarm and Signaling Code The
elevators shall be inspected and maintained in accordance with the current edition of the ASME A17 2,Inspector's Manual for Elevators Except for
the reference to ASME A17,1 in ABAAS,Section F105 2 2,all elevators must meet ABAAS requirements for accessibility In Sections 407.40a,and
409 at AB S.
C 59feIV Systems: Elevators shall be equipped with telephones or other two-way emergency communication systems. The system used shall
be mark and shall reach an emergency communication location staffed 24 hours per day,7 days per week.
D. : The passenger elevators shall have a capacity to transport in 5 6nules 15 percent of the normal population of all upper floors(based
on 150 SF per person). Further,the dispatch Interval between elevators during the up-peak demand period shall not exceed 35 seconds,
E Interior Finishes. Elevator cab Its shall be hardwootf,marble,,granite,or an equivalent pre-approved by the LCO. Elevator cab RoOT5 Shall
be marble,granite,terrazzo,or an equivalent pre-approved by the LCO
3.15 DEMOLITION(JUN 2012)
The Lessor shall remove existing abandoned electric,telephone,and data cabling and devices.as we'1 as any other Improvements or fixtures in place
to accommodate the Government's requirements Any demolition of existing Improvements that Is necessary to satisfy the Govemment's layout shall
be done at the Lessor's expense
3.16 ACCESSIBILITY(FEB 2007)
The Building,loosed Space,and areas serving the leased Specs shall be accessible to persons with disabilities Inaccordance with the Architectural
Borders Act Accessibility Standard(AB S),Appendices C and D to 36 CFR Part 1191(ABA Chapters I and 2,and Chapters 3 through 10) To the
extent the standard referenced In the preceding sentence conflicts with local accessibility reqwrements.the more stringent shall apply
3,17 CEILINGS(APR 2015)
A complete acoustical ceiling system (which Includes grid and lay-In tiles or other Building standard ceiling system as approved by the LCO)
throughout the Space and Promises shall be required The acoustical ceiling system shall be furnished,Installed,and coordinated with Tis,
A. Ceilings shall be at a minimum 9 feet and 0 Inches and no more than 12 feet and 0 inches measured from floor to the lowest obstruction
Areas with raised flooring shall maintain these ceiling-height limitations above the finished raised flooring Bulkheads and hanging or surface mounted
light fixtures which impede traffic ways shall be avoided Ceilings shall be uniform In color and appearance throughout the Space with no obvious
damage to tiles or grid
B. Prior to closing the ceiling,the Le5sorshall coordinate with the Government for the installation of any items above the ceiling.
C Should the ceiling be installed in the Space prior to construction of the Tis,then the Lessor shall be responsible for all costs In regard to the
disassembly,storage during construction and subsequent re-assembly of any of the railing components which may be required to complete the Tis
The Lessor shall also bear the risk for any damage to the ceiling or any components thereof during the construction of ft TI&
D. Ceilings shall be a flat plane in each mom and shall be suspended and finished as follows unless an alternate equivalent Is pre-approved by
the LCO
I Restrooms Plastered or speckled and taped gypsum board
2 Offices and conference roams Mineral and acoustical He or lay in panels with textured or patterned surface and regular edges or
an equivalent pre-approved by the LCO Tiles or panels shall contain a minimum of 30%recycled content.
3 Corridors and eating/galPey areas Plastered arse ed and to gypsum board or mineral acoustical ble.
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3.18 EXTERIOR AND COMMON AREA DOORS AND HARDWARE(SEP 2013)
A. Exterior Building doors and doors necessary to the lobbies,common areas,and core areas shelf be required This does not Include suite
entry or Inter or doors specific to Tis.
B. Exterior doors shall be weather tight and shall open outward Hinges,pivots,and pins shall be Installed in a manner which prevents removal
when the door is dosed and locAed. These doors shall have a minimum door opening of 32"dear wide x a0'high(per leaf). Doom shall be heavy
duty,flush,(1)hallow steel construction,(2)solid core wood,or(3)Insulated tempered glass As a minimum requirement,,hallow steel doors shall be
fully insulated,flush,#1"auge hallow steel Solid re wood doors and hallow steel doom shall best least 1.3.14 Inches thickDraoresserribliesshaW
be of durable finish and shall have an aesthetically pleasing appearance acceptable to the LCO The opening dimensions and operations shall!
conform to the governing building,fire safety,accessibility,and energy codes and/or requirements Fire door assemblies shall be kited and labeled,
Labels on fire door assemblies shall be maintained in a legible condition Fire door assemblies and their accompanying hardware including frames
and dosing devices shall be installed in accordance with the requirements of NFPA 80,Standard for Fire Doom and Other Opening Pratechves
C, Exterior doors and all common area doors shall have door handles or door pulls with heavywalght hinges, All doors shall have
corresponding doorstops(wall or floor mounted)and silencers. All public use doors and re5heom doors shall be equipped with kick plates. All doors
shall have automatic door closets. All Building exterior doors shall have locking devices Installed to reasonably deter unauthorized entry,
3.19 DOORS: IDENTIFICATION JAPR 2011)
All signage required in common areas unrelated to tenant Identification shall be provided and installed by the Lessor
3.20 WINDOWS(SUCCEEDING)(SEPT 20111
All windows shall be weather light. Operable windows that open shall be equipped with locks Off-street,ground level windows and those ac able
from fire escapes,adjacent rods,and other structures that can be opened must be fided with a sturdy locking device, Windows accessible from vire
escapes must be readily operable from the inside of the Building.
3.21 PARTITIONS: GENERAL(APR 2015)
Partitions in public areas shall be marble,granite,hardwood,or drywall covered with durable wall covering or high performance mating,or equivalent
pre-approved by the LCO. Newly installed gypsum board material must be Greanguard Gold Certified or have 0 grams par Hter of VOCs
3.22 PARTITIONS: PERMANENT(APR 2016)
Permanent partitions shall extend from the structural floor slab to the structural coiling slab. They shall be provided by the Lessor as part of shell rent
as necessary to surround the Space,stairs,corridors,elevator shafts,res ms,all columns,and janitor closets. They shall have a flame spread
rating of 25 or less and a smoke development rating of 450 or less(ASTM E-a4) Stairs,elevators,and other floor openings shall be enclosed by
partition and shall have the fire resistance requiredby the applicable building code,fire code and ordinances adopted by the jurisdiction In which the
Building is located (such as the International Building Code,etc.)current as of the Lease Award Date, Newly installed gypsum board material must
be Greenguard Gold Carfified or have 0 grams per liter of VOCs
3.23 INSULATION. THERMAL,ACOUSTIC,AND HVAC(SEP 2013)
A. All Insulation products shall contain recovered materials as required by EPA's CPG and related recycled content recommendations,
B. No insulation installed with this project shall be materil manufactured using chlorofluorocarbons(CFCs),nor shall CFCs he used n the
installation of the product
C All insulation conte=ning fibrous materials exposed to air flow shall be rated for that exposure or shall be encapsulated
D insulating properties for all-materials shall meet or exceed applicable Industry standards. Polystyrene products shall meet American Society
for Testing and Materials(ASTM)C578 91,
E.. A!I insulation shall be low emitting with not greeter than 05 ppm formaldehyde emissions,
F The maximum flame spread and smoke developed index far insulation shall most the requirements of the applicable local codes and
ordinances(current as of Ore Lease Award Date)adopted by the judsdzilon In which the Building is located
3.24 WALL FINISHES—SHELL(SUCCEEDING)(JUN 2012)
A, All res ms within the Building common areas of Government—occupied floors shall have 1)ceramic We recycled glass tile,or comparable
wainscot from the finished floor to a minimum height of 4"-b'° and 2)semigloss paint on remaining wall areas,or other finish approved by the
Government
S.All elevator areas that access the Space and hallways accessing the Space shall be covered with wall coverings not less than 20 ounces per
square yard high performance paint,or an equivalent.
C,Wetlab shall consist of water resistant wall base and coverings
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3.25 PAINTING-SHELL(JUN 2012)
A The Lessor shall bear the expense for all painting associated with the Building shell These areas shall Include aN,common areas Exterior
perimeter walls and interior care walls within the Space shall be speckled and prime painted with low volatile organic compounds(VOC)primer If any
Building shell areas are already paint iul prior to Tis,then the Lessor shall repaint at the Lessor's expense,as necessary during Tis
B The costs for cyclical painting requirements as cuttried In Section 6 shat)be Included in the shell rent,
3.26 FLOORS AND FLOOR LOAD(APR 20151
A All adjoining floor areas shaI,be of a common level not varying more than 114 inch over a 10 act horizontal run in accordance with the
American Concrete Institute standards,non-slip,and acceptable to the LCO,
B Under-Door surfaces slid be smooth and level Office areas shall,have a minimum live load capacity of 50 pounds per ABOA SF plus
20 pounds per ABOA SF for moveable partitions Storage areas shall have a minimum live load capacity of 100 pounds per ABOA SF.including
moveable partitions Lessor may be required to provide 2 report by a registered structural engineer showing the floor load capacity,at the Lassoes
expense Calculations and structural drawings may also be required
3,27 FLOOR COVERING AND PERIMETERS—SHELL(SUCCEEDING)(JUN 2012)
A, All Building common areas shall have finished floors,as currently provided
B, The costs for cyclicai carpet replacement requirements as outlined in Section 6 shall be included in the shell rent unless otherwise Identified In
Sedan 6.
3.28 MECHANICAL,ELECTRICAL,PLUMBING: GENERAL(APR 20111
The Lessor shall provide and operate all Building equipment and systems sn accordance with applicable technical publications,manuals,and standard
procedures Mains,lines,and meters for utilities shall be provided by the Lessor Exposed ducts,piping,and conduits are not permitted in office
Space
3.29 ELECTRICAL(JUN 2012)
A, The Lessor shall be responsible for meeting the applicable requirements or local codes and ordinances When codes conflict,the more
stringent standard shall apply Main service facilities shall be enclosed The enclosure may not be used for storage or other purposes and shall have
door(s)filled vnth an automatic deadlocking latch bol with a minimum throw of 1#2 Inch Main distribution for standard office occupancy shall be
provided at the Lassoes expense All floors shall have 1201205 V,3-phase,4-wire with bond,So hertz electric service ava4able. In no event shall
such power distribution(riot Including Iighting and HVAC)for the Space fall below 4 watts per ABOA SF
B Main power distribution switchboards and&5tribution and lighting panel boards shall be circuit breaker type with copper buses that are
property rated to provide the calculated fault circuits All power distribution panel boards shall be supplied with separate equipment ground buses Ail
power distribution equipment shall be required to handle the actual specified and projected loads and 10 percent spam load capacity Distribution
panels are required to accommodate circuit breakers for the actual calculated needs and 10 percent spare circuits that will be equivalent to the
majority of other circuit breakers In the panel system Fuses and circuit breakers shall be plainly marked or labeled to!den*circuits or equipment
supplied through them Government accepts the electrical panels as-is concerning spare load knowing they may not all have extra capacity,
C. Convenience outlets shall be Insisted in accordance with NFPA Standard 70, National Electrical Code,or local code whichever is more
stringent The Lessor shall provide duplex utility outlets in restraorna,corriclam,and dispensing areas
3.30 DRINKING FOUNTAINS(APR 20111
On each Noor of Governmeni-ocitupied Space the Lessor shaft provide a minimum of two drinking fountains with chilled potable water within 200 feet
of travel from any Government-occupied area an the floor, The fountains shall comply with Section F211 of the Architectural Barriers Act Accessibility
Standard
3.31 RES TRDOMS(SEP 2013)
A. It this Lease is satisfied by now construction or major alterations,Lessor shalt provide water closets,sinks and urinals an each floor that is
partially or fully occupied by the government per the following schedule The schedule is per floor and based an a density of one person for each
135 ABOA SF of office Space,allocated as 50%women and 50%men If major alterations to the res ms occur during the term of this Lease
the number of fixtures must meet ft schedU4 23 part of the major alterations
ESTIMATED TOTAL (WOMEN'S) (WOMEN'S) (MEN'S) (MEN'S) IMEN'Sl
NUMBER OF WATER SINKS WATER URINALS SINKS
PEOPLE PER CLOSETS CLOSETS
FLOOR
�1 to 8 2 1 1 1
9 to 24 3 2 2 1 1
2536 3— 2 2 1 2
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37 to 56 5 3 1 3 2 2
67 to ?a- 6 4 4 2 2
fa-- to –90- 6 5 4 2 3
X—Ja— 119— 7 5 S 2 3
_120L
_!E 34 9 6 6 3 4
ova 135 3140 1124 1120 1140 1130
8 If no new construction or major renovation of a restroom is orcuming,compliance with local code is sufficient Separate restroom facilities for
men and women shall be provided In accordance with local code or ordinances,an each floor occupied by the Government In the Building The
facilities shall be located so that employees will not be required to travel more than 200 feet,an one floor to reach the restroams, Each Metr0orn shall
have sufficient water closets enclosed with modem stall partitions and doom,urinals(in men's room) and hot(set In accordance Mth applicable
building codes)and cold water Water closets and urinals shall not be visible when the exterior door is open.
C Each main restmorn shall contain the following�
I A mlinror and shelf above the lavatory
2 A toilet paper d,5penser in each water d050t stall that will hdd at 1'east two mils and allow easy,unrestricted dispensing
3 A coat hook an the inside face of the door to each water doset stall and on several wall locations by the lavatories.
4 At least one modem paper towel dispenser,soap dispenser,and waste receptacle for every two lavatories
5 A coin-operated sanitary napkin dispenser in women's res ms with a waste receptacle in each water closet stall
6 A disposable toilet sent cover dispenser
7. A counter area of at least 2 feet.a inches in length,exclusive of the lavatories(however.it may be attached to the lavatories)with a mirror
above and a ground-fault Interrupter-typet convenience outlet located adjacent to the counter area. The counter should be installed to minimize pooling
or spilling of water at the front edge
a A floor drain,
9 For new installations and major renovations,restroom partitions shell be made from recovered materials as listed in EPA's CPG
3.32 PLUMBING FIXTURES:WATER CONSERVATION(DEC 2011)
For new installations and whenever plumbing fixtures are being replaced(reptacement per floor is required prior to Lease commencement In all
instances of nonconformance where the Government occupies the fulli floor):
A. Water closets must conform to EPA WaterSense or fixtures with equivalent flush vdurnes must be utilized.
a Urinals must conform to EPA WaterSense or fixtures with equivalent flush volomes must be utilized. Waterless urinals am acceptable
C Faucets must conform to EPA WaterSanse,or fbdums with equivalent flow rates must be utilized,
Information on EPA WaterSense rudums can be found at hftp Pwww.epa.gov/watemensel
3.33 JANITOR CLOSETS(SUCCEEDING)(JUN 2012)
Existing janitor closets shall meet all local codes and ordinances. Disposal 15 not permitted in res ms.
3.34 HEATING Ti TION AND AIR CONDITIONING–SHELL(SEP 2013)
A Central HVAC systems shall be Installed and operational,including,as appmpriste,main and branch lines,VAV boxes,dampers,Rex ducts,
and diffusers,for an open office layout,including all Building common areas The Lessor shall provide conditioned air through medium pressure duct
work at a rate of.75 cubic fact per minute per AOA SF and systems shall be designed with sufficient systems capacity to meet all requirements in
this Lease
8 Areas having excessive heat gain or heat loss,or affected by solar radiation at different times of the day,shall be Independently controlled
C Eguipment PaiLormatillise. Temperature control for office Spa c4s shall be provided by concealed central heating and air conditioning
equipment The equipment shall maintain Space temperature control over a range of Internal good fluctuations of plus D,S WISF to minus 15 WISP
from initial design requirements of the tenant.
D DuglLAerk Re-use and Cleaning Any ductwork to be reused and/or to remain in place shall be deaned,tested and demonstrated to be dean
in accordance with the standards set fanh by NADCA. The cleaning. testing, and demonstration shall occur immediately prior to Government
occupancy to avoid contamination from construction dust and other alrbome pa Mates
E, During working hours in periods of healing and cooling ventilation shall be provided Inaccordance with the latest edition of American Society
of Heating.Refrigeration and Air-Conditioning Engineers(ASHRAE)Standard 62 1,Ventilation for Acceptable Indoor Air Ouality.
F Air filtration shall be provided and maintained with filters having a minimum efficiency rating as determined by the latest edition of ASHRAE
Standard 52.2,Method of Testing General Ventilation Air Cleaning Devices for Removal Efficiency by Particle Size Pro-Alters shall have a Minimum
Efficiency Reporting Value(MERV)efficiency of 0 Final filters shall have a MERV efficiencycif 13
G Rests shall be property exhausted with a minimum of 10 air changes per hour.
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3.35 TELECOMMUNICATIONS: DISTRIBUTION AND EQUIPMENT(SUCCEEDING)(SEPT 2011)
Telecommunications switch moms wire closets..and Wated spaces shall meet applicabia NFPA standards. Bonding and grounding shall be in
accordance with NFPA Standard 70,National Electrical Code and other applicable NFPA standards andVor local code requirements
3.36 TELECOMMUNICATIONS: LOCAL EXCHANGE ACCESS(JUN 2012)
A The Government may sled to contract its own telecommunications(voice data,video,intemet or other emergrng technologies)service in the
Space The Government may contract with one or more parties to have INS wiring (or other transmission medium)and telecommunications
equipment installed,
B. The Lessor shall allow the Government's designated telecommunications providers access to utilize existing Building wiring to connect its
services to the Government's Space If the existing Building wiring is insufficient to handle the transmission requirements of the Government's
designated telecommunications providers,the Lessor shot provide access from the point of entry into the Building to the Government's floor Spaca,
subject to any Inherent limitations in the pathway Avolved
C The Lessor shall allow the Government's designated telecommunications providers to affix telecommunications antennas(high frequency,,
mobile,microwave satellite,or other emerging technologies),subject to ght and wind load conditions,to mof parapet, or Bufldmg envelope as
required Access from the antennas to the Premises shall be provided
D The Lessor shall all the Government's designated telecommunications providers to affix antennas and transmission devices throughout the
Spare and in appropriate common areas frequented by the Government's employees to allow the use of cellular telephones and communications
devices necessary to conduct business
3.37 LIGHTING: INTERIOR AND PARKING-SHELL(SUCCEEDING)(SEP 2013}
NOTE FOR PRICING ESTIMATING PURPOSES,FIXTURES WILL BE INSTALLED AT THE AVERAGE RATIO OF 1 FIXTURE PER 80 ABOA SF
A INTERIOR FIXTURES.High efficiency T-8 T-S,or LED light fixtures(and associated ballasts or drivers)shall be instated as either ceiling grid
or pendant mounted for an open-office plan Cohnig grid fixtures shall be either 2'wide by 4'long or Xwele by 2'long Lessor shat provide,as part of
Shall Rent a minimum overall lighting fixture efficiency of 85 percent. Lamps she'll mainlam a uniform color level throughout the lease term Existing
lighting meets Government's needs
B LIGHTING LEVELS:Fixtures shall have a minimum of two tubes and shall provide 50 foot-candies at desktop level(30'above finished floor)
with a maximum uniformity ratio of 1 5 1, Lessor shall provide,as part of Shell Rent 10 average foot-candles in all other Building areas within the
Premises with a uniformity ratio of 1 Emergency egress lighting levels shall be provided in accordance with the local applicable building codes(but
not less than I foot-candle)by either an onsite emergency generator or fixture mounted battery packs
C POWER DENSITY The maximum fixture power density shall not exceed 1A watts per ABOA SF
D DAYLIGHTING CONTROLS If the Lease is more than 10 000 ABOA SFr the Lessor shall provide daylight dimming controls In 2biUMS or
within 15 feet of windows and skylights where daylight can contribute to energy saAngs. Daylight harvesting sensing and controls shall be either
integral to the fixtures or ceiling mounted and shall maintain required lighting levels In work spaces
E OCCUPANCYIVACANCY SENSORS This Lessor shall provide ceiling mount occupancy sensors, or vacancy sensors (preferred), or
scheduling controls through the building automation system(BAS)throughout the Space In order to reduce the boom that the lights are on when a
particular space Is unoccupied. No mom than 1,000 square feet shall be coned by any one sensor, Occupancy sensors in enclosed moms shall
continue to operate after the RAS has shutdown the building at the and of the workday
F BUILDING PERIMETER
I Exterior parking areas,vehicle driveways, pedestrian walks and the Building perimeter lighting levels shall be designed per Illuminating
Engineering Society(IES)standards. Provide 5 fooll-candles for doorway areas, 3 foot-candies for transition areas and at toast 5 foot-candles
throughout the parking lot Parking lot fixtures shall provide a maximum to minimum uniformity ratio of 101
2 If the leased space is too percent occupied by Government tenants all extenor parking lot fixtures shall be'Dark Sky'compliant with no
property line trespass
G EXTERIOR POWER BACKUP:Exterior ogress,walkway,parking lot,and parking structure lighting must have emergency power backup to
provide for safe evacuation of the Building
3.38 ACOUSTICAL REQUIREMENTS(JUN 2012)
A Revs ration Con k21, Private office and conference moms using suspended acoustical ceilings shall have a noise reduction coefficient
(NRC)of not less than 0.65 in accordance with ASTM C-423 Open office using suspended acoustical ceilings shalt have an NRC of not less than
0,75 Private offices,conference moms,and open offices using acoustical cloud or acoustical wall panels with a minimum of 70%coverage shall have
an NRC of not less than o aS
a
Ambient Noise rgn&Mj, Ambient noise from mechanical equipment shall not exceed noise criteria cu rm(NC)35 in accordance with the
ASHRAE Handbook of Fundamentals in offices and conference moms;NC 40 in corridors cafeterias,lobbies,and res ms,NO 50 in other spaces.
LEASE N .GS-I0P-LAK07482,PAGE 15 LESSOR:-GOVERNMENT, GSA FORM L202(0511 5)
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C tjgis2 Isolation. Rooms separated from adjacent spaces by cel?ng Wgh partitions(not Including doors)shall not be less than the Mowing
noise isolation class(NIC)standards when tested in accordance with ASTM E-336:
Conference rooms NIC 40
Offices NIC 35
D Testin The LCO may require at Lessor's expense,test reports by a qualified acoustical consultant showing that acoustical requirements
have been met
E Current office conditions meet acoustical requirements
3.39 INDOOR AIR QUALITY DURING CONSTRUCTION(SEP 2013)
A The Lessor shall provide to the Government material safety data sheets(MSDS)or other appropriate documents upon request but prior to
Installation or use for the following products,including but not limited to,adhesives,caulking sealants insulating materials.fireproofing or fore stopping
materials,paints.carpets,floor and wall patching or leveling materials,lubricants,dear finishes for wood surfaces janitorial cleaning products,and
pest control products
B The LCO may eliminate from consideration products with significant quantities of toxic,flammable,corrosive,or carcinogenic matedW and
products with potential for harmful chemical emissions Materials used often or In large quantities will rewive the greatest amount of review
C Ail MSDS shall comply with Occupational Safety and Health Administration(OSHA)requirements The Lessor and its agents shall comply
with all recommended measures In the MSDS to protect the health and salary of personnel
D To the greatest extent possible,the Lessor shall sequence the Installation of finish materials so that materials that am high emitters of
volatile organic compounds(VOCs)are Installed and allowed to cum before installing Interior finish materials especially soft materials that are woven,
fibrous or porous In nature,that may adsorb contaminants and release them over time.
E. Whom demolition or construction work occurs adjacent to occupied Space,the Lessor shall erect appropriate barriers(noise.dust odor,
etc.)and take necessary steps to minimize Interference with the occupants. This includes maintaining acceptable temperature,humidity,and
ventilation in the occupied areas during window removal window replacement or similar types of work.
F. HVAC during Construction: If air handlers are used during construction,the Lessor shall provide filtration media with a MERV or 8 at each
return air grill,as determined by the latest edition of ASHRAE Standard 52.2,,Method of Testing General Ventilation Air Cleaning Devices for Removal
Efficiency by Particle Size The permanent HVAC system may he used to move both supply and return air during the construction proms only W the
following conditions are met
1 A romplele air hill system with 60 percent affirlency filters is installed and properly maintained,
2 No permanent diffusers are used
3 No plenum type return a system is employed;
4 The WAC duct system is adequately sealed to prevent the spread of airborne particulate and other contaminants;and
5 Followng the Building'nush out."all duct systems are vacuumed with portable high-efficiency particulate arrestance(NEPA)vacuums and
documented clean in accordance with National A*Duct Cleaners Association(NADCA)specifications,
G Flush-Out procedure
1 A final flush-out period of 72 hours rri6nimum Is required after Installation of all Interior finishes and before occupancy of the Space The
Lessor shall ventilate 24 hours a day,with new Ftration is at 1001W.outdoor air(or maximum outdoor air while achieving a relative
humidity not greater than 60%)
2 After the 3-day period the Space may be occupied however,the flush-out must continue for 30 days using the maximum percentage of
outdoor air consistent with achieving thermal comfort and humidity control
3 Any deviation from this ventilation plan must be approved by the LCO
4 The Lessor is wred to provide regularly occupied areas of We Space with new air filtration media before occupancy that provides a
MERV of 13 or better,
5 During construction,meet or exceed the recommended design approaches of the Sheet Metal and Air Conditioning National Contractors
Association(S CNA)IAO Guideline for Occupied Buildings Under Construction,1995„Chapter 3
6 Protect stored onsite and lnstalfed absorove materials from moisture damage
3.40 SYSTEMS COMMISSIONING(APR 2011)
The Lessor shall incorporate commissioning requirements to verify that the installation and performance of energy consuming systems meet the
Government'&project mqu,roments The commissioning shal cover only work associated with Tis or alterations or at a minimum besting,ventilating,
air conditioning and refrigeration(HVAC&R)systems and associated control iighfing controls and domestic hot water systems.
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3.41 DUE DILIGENCE AND NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS—LEASE(SEP 2014)
A. Environmental Due Diligence
Lessor is responsible for performing all necessary'response'actions(as that term is defined at 42 U S C §9601(25) of the Comprehensive
Environmental Response,Compensation and Liability Act(CERCLA))with regard to all'recognized environmental conditions,'as that term is defined
In ASTM Standard E1527-13,as such standard may be revised from time to Ume This obligation Wends to any contamination of the Property where
such contamination is not attributable to the Government. Lessor must provide the Government with a summary report demonstrating completion of
all required response actions prior to Substantial Completion, Any remediation performed by or an behalf of Lessor must be undertaken in strict
compliance with all applicable federal state and local laws and regulations
B National Environmental Policy Act
The National Environmental Policy Act regulations provide for analyzing proposed major federal actions to determine If Were are ways to mitigate the
impact of the proposed actions to avoid,minimize rectify,reduce or compensate for environmental Impacts associated with such actions Where the
Government has determined diat any or all of these mitigation measures should be or must be adopted to lesson the impact of these proposed
actions, Lessor must incorporate all mitigation measures identified and adopted by the Govemment In the design and construction drawings and
specifications. All costs and expenses for development of design alternatives,mitigation measures and review submittals for work to be performed
under the Lease are the sole responsibility of Lessor
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SECTION 4 DESIGN,CONSTRUCTION,AND POST AWARD ACTIVITIES
4.01 ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY(SUCCEEDING}(MAY 2015)
A. The Government shall,accept the Space only it the construction of Bulldmg shell and Tis conforming to this Lease Is substantially complete.
a Certificate of Occupancy(C of 01 has been Issued as set forth below and the BuWding improvements necessary for acceptance as described in the
paragraph Building Improvements' completed.
B. The Space shall be considered substantially complete only if the Space may be used for its intended purpose and completion of remaining
work will not interfere unreasonably with the GovammenVis enjoyment of the Space. Acceptance shall be final and binding upon the Government with
respect to the compleflor,of the TIs,with the exception of items Identified an a punch list generated as a result of the inspection,concealed conditions,
latent defects,or fraud,but shall not relieve the Lessor of any other Lease requirements.
C The Lessor shall provide a valid C of 0,Issued by the I jurisdiction,for the Intended use of the Government. If the local jurisdiction does
not Issue C of O's or N the C of 0 is not available,the Lessor may satisfy this condition by providing a report prepared by a licensed rim protection
engineer that Indicates the Space and Building are compliant with all applicable local codes and ordinances and all fire protection and life safety-
related requirements of this Lease.
D At acceptance,the Lease term shall commence and the Lease Term Commencement Date shall be memorialized by Lease AmendmenL
E. The Government will not be required to accept space prior to the schedule outlined in this Lease,
4.02 AS-BUILT DRAWINGS(JUN 2012)
Not later than 180 days after the acceptance of the Space,the Lessor,at the Government's expense shah furnish to the Government a complete set of
Computer Aided Design(CAD)files of the ongfrial construction drawings showing the Space under Lease,as well as corridors,stairways,and core
areas at no cost to the Government. The plans shall have been generated by a CAD program which Is compatible with the latest release of AutoCAD
The required file extension Is'.DWG." Clean and purged files shall be submitted an CD-ROM. They shall be labeled with Building name,address,list
of drawing(s),date of the drswmg(s),and Lessors architect and architect's phone number As-built plans shall be provided In Portable Document
Format(pcff)files.Clean and purged files shall be submitted an CDROM. They shall be labeled with Building name,address,list of drawing(s),date
of the drawlngls),and Lassoes architect and architect's phone number,The Lassoes operator shall demonstrate the submission an GSA equipment,if
requested by the LCO.
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SECTION 5 TENANT IMPROVEMENT COMPONENTS
5.01 TENANT IMPROVEMENT REQUIREMENTS(SEP 20131
The TI*shall be designed,constructed and maintained Inaccordance with the standards set forth m this Lease For pricing only those requ,mments
designated as Th;within this section or designated as Tis within the attached agency requirements and Security Requirements,shall be deemed to be
TI costs.
5.02 DOORS: INTERIOR(SUCCEEDING)(SEP 20131
The following requirements pertain to repair or replacement due to maintenance or alterations performad throughout the term of the Lease
Doors within the Space shall be provided as part of the T1s and shall have a minimum dear opening of 32"wide x;00"high Doors shall be flush,solid
core,wood with a natural wood veneer face or an equivalent door pre-approved by the LCO Hollow core wood doors are not acceptable They shall,
be operable with a single effort and shalt meet the requirements of NFPA 101,,Life Safety Code or the International Building Code(current as of the
Lease Award Date) Doom shall be Installed In a metal frame assembly which is primed and finished with a low VOC semi-gloss oil-based paint with
no formaldehyde,
5103 DOORS, HARDWARE(SUCCEEDING)(SEP 2013)
The following requirement%pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease
Doors shall have door handles at door pulls with heavyweight hinges The Lessor is encouraged to avoid the use of chrome-plated hardware. All
doors shall have corresponding doorstops(wall-or floor-mounted)and silencers All door entrances leading into the Space from public corridors and
exterior doors shall have automatic door closers Doors designated by the Government shall be equipped with S-pin,tumbler cylinder locks and strike
plates. All locks shall be master keyed Furnish at least two master keys for each lack to the Government Any exterior entrance shall have a high
security lock,with appropriate key control procedures,as determined by Government specIfinations Hinge pins and hasps shall be secured against
unauthorized removal by using spot welds or pinned mounting bolts. Thee rior side of the door shall have a lock guard or astragal to prevent
tempering of the latch hardware Doors used for egress only shelf not have any operable exterior hardware All security-locking arrangements on
doors used for egress shall comply with requirements of NFPA 101or the International Building Coda current as of the Lease Award Date
5.04 PARTITIONS. SUBDIVIDING(SUCCEEDING)(SEP 2013)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease',
A Office subdividing partitions shall comply with applicable building codes and local requirements and ordinances shall be provided as part of the
Thi Partitioning shall extend from the finished floor to the finished cadfrig and shall be designed to provide a minimum sound transmission class(STC)
of 37. They shall have aflame spread rating of 25 or less and a smoke development rating of 450 or less(ASTM E-84)
B HVAC shall be rebalanced and lighting repositioned.as appropriate,after Installation of partons
C It installed insccordance with the"'Automatic Fire Sprinkler System'and'Fire Alarm System"paragraphs,sprinklers and fire alarm notification
appliances shall be repositioned as appropriate after Installation of partitions to maintain the level of fire protection and life safety.
5.05 WALL FINISHES(JUN 2012)
It the Government chooses to instali,a wall covering.the minimum standard is vinyl-free,chlorine-free,plasticizer-free wall covering with recycled
content or bio-based commercial wall covering weighing not less than 13 ounces per square yard or equivalent. If the Government chooses to install a
high-parl'Girmance paint coating,it shall comply with the VOC limits of the Green Seal Standard GS-11
5.06 PAINTING 11(SEP 2013)
A. Prior to acceptance,,all surfaces within the Space which are designated by GSA for painting shall be newly finished in colors acceptable to the
Government.
B The Lessor shall provide interior paints and coatings that meet or are equivalent to the following standards for VOC off gassing
I Topcoat points.Green Seal Standard GS,1 1.Paint&First Edition,May 20,1993.
2, All other archil ural coatings, primers and undercoats South Coast Air Quality Management District (SCAOMD) Rule 1113
Architecture]Coatings,effective January 1,20114-
3 Architectural paints,coatings,and primers sped to interior walls and ceilings:
a Flats:60 grams per Iller(g,L)
b Non-Vats 150 g/L
4 Ant-corrosive and anti-rust paints applied to interior ferrous metal substrates,250 g'L.
5 Clear wood finishes
a Varnish 350 g1l.
b Lacquer 550 g/L
6 Floor coatings::100 g/L
7 Sealers
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AGENDA ITEM #2.a.
a Waterproofing sealers 250 91L
Is Sanding sealers 275 gJL
c All other sealers:200 g/Lr
8 Shellacs`
a Clear 730 g/L
is Pigmented 550 g/L
9 Stains 250 g/L
C. Use reprocessed latex paint in accordance with EPA's CPG(Comprehens,ve Procurement Guidelines)on all painted surfaces where feasible
The type of paint shall be acceptable to the Government
5.07 FLOOR COVERINGS AND PERIMETERS(APR 2015)
A Broadloom carpet or carpet filits shall meel the requirements set forth in the specifications below. Floor perimeters at partitions shall have
wood rubber,vinyl or carpet base. Floor covedng shall be installed in accordance with manufacturing instructions to lay smoothly and evenly
8 The use of existing carpet may be app ed by the Government however,existing carpet shall be repaired,stretched,and cleaned before
occupancy and shall meet the static buildup requirement as stated m the specifications below.
C. Any alternate nearing shall be pre-approved by the Government
D SPECIFICATIONS FOR CARPET TO BE NEWLY INSTALLED OR REPLACED
1. E!Mgu!2 sustainability and environmental flilgiAlmEnints. In order to achieve supedor performance in multiple environmental attribute
areas,carpet must have third party certification in accordance with ANSIINSF 140 2007a Sustainable Carpet Assessment Standard at a'Gold"level
minimum Carpet manufacturer must supply certificate as part of the procurement documentation,
2 ! Recycled content is measured by total product weight of pre-consumer and/or post-consumer materials
Recycled content must be at toast 10%post-consumer recovered content
3 1211MMIa�aa rials. The carpet and floor adhesive(for g3ua-4own Installations)must meet the Green Label Plus(GLP)and floor
adhesive(for dl glue down)requirements of the Carpet and Rug institute(CRI) GLP number must be provided Adhesives must meet VOC
content standards per South Coast Ak Quality Management District Rule 91168
4 Face titer content. Face yam must be IGO percent nylon fiber. Loop Pile shall be IDO percent Bulk Continuous Filament(BCF),cut
and loop shall be 100 percent BCF for the loop portion and may be BCF or staple for the cut pardon;cut pile carpet shall be staple or BCF.
5 Performance requirements for broadloom and modular file
a 510:g Less than or equal to 3 S W when tested by AATCC Test Method 134(Stop Test Option)
b EigImmabift:Meets CPSC-FF-1-70,,DOC-FF-1-70 Methenamine Tablet Test criteria
C. Flooring Radiant Panel jasli: Meets NFPA 253 Class I or 11 depending upon occupancy and fire code when tested under ASTM
E-648 for glued installation.
It. NBS Smoke Chamber-Less than 450 Flaming Made when tested under ASTM E-662
NOTE, Testing must be performed Ina NVLAP accredited laboratory,
6 Te2dupit 6Qpgsranr&Retention Rating(TARE). Carpet must meet TARR ratings specified bel
Spa Definition Traffic TARR
11Clasalfication Classification
Private Offices [Moderate � 2 3.0 TARR
Training,conference,courtrooms,etc. Heavy x 3.0 TARR
r--------------I
Open Office,cafeteria,comidars,lobbies Severe I
IEEE]
The carpet must be evaluated using ASTM D-5252 Hexapod Drum Test as per the commercial carpet test procedure and the TARR classification
determined using ASTM U-7330,
• 7 Qarpitii afflajion, Reclamation or existing carpet to be determined with potential vendor When carpet is replaced, submit
certification documentation from the reclamation facility to the LCO.
a W-jr—ratn&. Submit a copy of the manufacturer's standard warranty to the LCO within the first 60 days of Govemment occupancy
The Govemmord is to be a beneficiary of the terms of this warranty
LEASE NO.GS-I0P-LAK07482,PAGE 20 LESSOR.—GOVERNMENT, GSA FORM L202(05115)
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5.08 HEATING AND AIR CONDI-nOKING(SUCCEEDING)(JUN 20121
The following requirements pertain to repair or replacement due to maintenance or alterations perfwmed throughout the term of the Lease:
Zone Control. Provide individual thermostat con W for office Space with control areas not to exceed 1,500 ABOA$F. Interior spaces must be
separately zoned. Specialty occupancies(conference rooms,k' ens,etc.)must have active controls capable of sensing Space use and modulating
HVAC system in response to Space demand Areas that routinely have extended hours of operation shall be environmentally controlled through
dedicated heating and air conditioning equipment. Special purpose areas(such as phob=py centers,large conference rooms,computer rooms,etc)
with an internal cooling load In excess of 5 tons shall be Independently controlled Provide concealed package air conditioning equipment to meet
localized spot cooling of tenant special equipment.
6.09 ELECTRICAL: DISTRIBUTION(SUCCEEDING)(JUN 20121
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease:
A, All electrical outlets shall be Installed In accordance with NFPA Standard 70
B. All outlets within this Space shall be marked and coded for ease of wire tracing,outlets shall be circuited separately from lighting. All floor
outlets shall be flush with the plane of the finished floor Outlet cover colors shall be coordinated with partition finish selections
C. The Lessor shall In all cases safely conceal outlets and associated wiring(for electricity,voice,and data)to the work5tation(5)In partitions,
coiling plenums,in recessed floor ducts,under raised flooring,or by use of a method acceptable to the Government
6.10 LIGHTING: INTERIOR AND PARKING—TI(SUCCEEDING)(SEP 2013)
The following requirements pertain to repair or replacement due to maintenance or alterations performed throughout the term of the Lease:
A. FIXTURES,The Lessor shall provide interior lighting to comply with requirements under the paragraph,'Lighting:Interior and Parking—Shell
(Succeeding)."
8 BUILDING PERIMETER:There may be additional requirements for lighting In exterior parking areas,vehicle driveways,pedestrian walkways
and Building perimeter in the Security Requirements attached to this Lease
LEASE O.GS-IOP-LAK07482,PAGE 21 LESSOR:—GOVERNMENT:I GSA FORM L202(05f16)
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AGENDA ITEM#2.a.
SECTION 6 UTILITIES,SERVICES,AND OBLIGATIONSI THE LEASE TERM
Lot PROVISION OF SERVICES,ACCESS,AND NORMAL HOURS(JUN 2012)
A. The Govemmenl°s normal hours of operations are established as 6:00 AM to 6:00 PM,seven(7)days a week,Serficssr,,maWarance and
utilities shall be provided during these hours. The Government shall have access to the Premises and its Appurtenant Areas at alitimes without
additional payment.Including the use,during other than normal hours;of necessary services and utilities such as elevators,rastratims,lights„and
electric power Cleaning shall be performed during normal hours,
B, The Lessor and the Lessor's represenlatives employees and contractors shall demonstrate a oropemitive,positive welcoming. respectful,
professional and business-like demeanor and shall present a neat,dean.job-appropriate(professional)appearance
6.02 UTILITIES(APR 2011)
The Lessor is responsible for providing all utilities necessary for base Building and tenant operations as part of the rental consideration.
6.03 UTILITY CONSUMPTION REPORTING(JUN 2012)
Upon request from the Lease Contracting Officer or ContractingOfficer's Representative,the Lessor shall provide regular quarterly reports of the
amount of all utilities consumed at the Building in monthly detail for the duration of the Lease These raparts must be provided within 45 days of the
end of each quarterly period and shall be In either written or electronic form,as requested by the Government The reports shell contain the number of
actual units consumed If reports are available detailing only theGovernment's consumption, then the reports shall be limited solely to the
Government's consumption Additionally, said reports shall Indicate,for each utility being reported, the use of the speck utility. For example,
etectricity consumption shell Indicate if it includes hosting or air conditioning,and it so„whether just diffusers or diffusers and heating are Included in
electricity consumption
6,04 HEATING AND AIR CONDITIONING(SEP 2014)
A In all office areas, temperatures shall conform to local commercial equivalent temperature levels and operating practices in order to
mmdmize tenant satisfaction, These temperatures shall be mainWned throughout the leased Promises and service areas, regardless of outside
temperatures,during the hours of operation specified in the Lease,The Lessor shall perform any necessary systems start-up required to meet the
commercially equivalent temperature levels prior to the first hour of each day's operation At all times,humidity shall be maintained bet 60%relative
humidity..
B During non-working hours,heating temperatures shall be set no higher than 55 Fahrenheit,and air conditioning she not be provided
except as necessary to return Space temperatures to a suitable level for the beginning of work-ng hours.
C Thermal comfort. During all working hours„comply with the latest edition of ASHRAE Standard 55,Thermal Comfort Conditions for Human
Occupancy
D Warehouse or garage areas require heating and ventilation only Cooling of this Spam is not required. Temperature of warehouse or
garage areas shall be maintained at a minimum of 50"Fahrenheit
E. The Lessor shall conduct HVAC system balancing after any HVAC system alteraticrgs dudetg the term of the Lease and shall make a
reasonable attempt to schedule major mastruction outside of office hours,
F. Normal HVAC systems`maintenance shall`not disrupt tenant operations„
G 97 ABOA SF of the Premises shall receive coolmg at all times(24 hire a day.,365 days a year)for purposes of coding the designated server
room(Rooml33). The temperature of this room shall be maintained at no greater than 75 dogmas F 1pireleffed is 66 deg s)- ardless of outside
temperature or seasonal changes The 24 hours cookng service shalt be provided by the Lessor as part of the Operating Costs Base Notwithstanding
the Iniagoing,Lessor shall provide this service at no additional cost to the Government
6.05 JANITORIAL SERVICES(JUN 2012)
The Lessor shall maintain the Premises and all areas of the Property to which the Government has routine amass in a clean condition and shawl
provide supplies and equipment for the term of the Lease. The following schedule describes the level of services Intended Performance will be
based on the LCO's evaluation of results,not the frequency or method of performance.
A 2<y Empty trash reeeptades. Sweep entrances,lobbies,and corridors Spot sweep floors,and spot vacuum carpets Clean drinking
fountains. Sweep and damp mop or scrub rest me, Clean all restroom fixtures,and replenish restroom supplies. Dispose of all trash and garbage
generated in or about the Building. Wash inside and out or steam dean cans used for collection of food remnants from snack bars and vending
machines Dust horizontal surfaces that aro readily available and visibly u-m dusting, Spray buff resilient floors in main corridors„entrances,.and
lobbies. Clean elevators and escalators Remove carpet stains Police sdewafks,parking areas,and driveways Sweep loading dock areas and
platforms Clean glass entry doors to the Space
B Throe times a w k. Sweep or vacuum stairs,
C. W I_ Damp mop and spray buff all resilient floors in res ms and health units, Sweep aidewatka, parking areas, and d' ways
(weather permitting)..
LEASE NO.09-IOP-LM07482,PAGE 22 LESSOR: GOVERNMENT. GSA FORM L202(05115)
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D gyS_ry_tlfg_weeks, Spray buff resilient floors in secondary comdors entrance,and lobbies Damp mop and spray buff hard and resp ent
floors In office Space
En I Thoroughly dust furniture Completely sweep and/or vacuum carpets Sweep storage Space Spot clean all wall surfaces within
70 Inches of the floor
F EXIM.Lwoi months Damp wipe restroom wastepaper rete des,stall partitions,doors,window sills,and frames, Shampoo entrance and
elevator carpets
G M2milfts ayjal, Dust wO surfer es within70 inches of the floor,vertical surfaces and under surfaces Ciesin metal and marble surfaces
In tabbies, Wet mop orscrub garages
H TWO a year. Wash all,Interior and exterior windows and other glass surfaces Strip and apply four coats of finish to resilient Room in
restroams. Strip and refinish main corridors and other heavy traffic areas
I. ually Wash all venetian blinds,and dust 6 months from washing Vacuum or dust all surfaces in the Bull&ng more than 70 inches from
the floor,including light fixtures Vacuum all drapedesin place Strip and refinish Roars in offices ands ndary lobbies and corridors Shampoo
carpets In condom and lobbies Clean balconies,ledges,courts,areaways,and flat roofs
J, Ey2ty LAg years Shampoo carpets in all offices and other non-public areas
K As reguired Property maintain plants and lawns Provide Initial supply,Installation and replacement of fight bulbs,tubes,ballasts and
starters Provide and empty exterior ash cans and dean area of any discarded cigarette butts
L Pest SgnkW. Control pests as appropriate, using Integrated Post Management techniques, as specified in the GSA Environmental
Management Integrated Past Management Technique Guide(WZ1 001)
6.06 SELECTION OF CLEANING PRODUCTS(APR 2015)
The Lessor shall use cleaning products(including general purpose cleaners,floor cleaners,hand soap,,etc)that comply with either the Green Seal
standard,the LIL/Ecol-oga standard,EPA's Design for the Environment(DIE)designatiorr,or a substitute acceptable to the LCO. Hand soap products
shall also be USDA Certified BloPreferred
6,07 SELECTION OF PAPER PRODUCTS(APR 21115)
The Lessor shall select paper and paper products(a g, restroarri tissue and paper towels)conforming to the Green Seal Standard(GS-1),or a
substitute acceptable to the LCO
6.08 SNOW REMOVAL(APR 2011)
Lessor shall provide snow removal services for the Government on at days for which this Lease has designated normal hours Lessor shall dear
parking lots N the accumulation of snow exceeds two inches Lessor shall dear sidewalks,walkways and other entrances before accumulation
exceeds 1.5 Inches The snow removal shall take place no later than 6:00 AM,without exception Should accumulation continue throughout the day,
the Lessor shall provide such additional snow removal services to prevent accumulation greater than the maximurns specified in this paragraph In
addition to snow removal,the Lessor shall keep walkways,sidewalks and parking lots free of ice during the normal hours. The Lessor shall remove
excess buildup of send and/or ice melt to minimize slipping hazards It the Building entrance(s)has a northern exposure,then Lessor shall take
additional measures to protect the safety of pedestrians,
6.09 MAINTENANCE AND TESTING OF SYS71EMS(SEP 2013)
A. The Lessor is responsible for the total maintenance,repair,and replacement and renewal of the leased Premises. Such maintenance,repairs
replacement and renewal Include the site and private access roads All equipment and systems shall be maintained to provide reliable, energy
efficient service without unusual interruption,disturbing noises,exposure to fire or safety hazards,,uncontrorlable drafts,excessive air velocities.or
unusual emissions of dirl. The Lassoes maintenance responsibility Includes Initial supply and replacement of all supplies,materials,and equipment
necessary for such maintenance Maintenance,testing.and inspection of appropriate equipment and systems shall be done Inaccordance with
current applicable cades,and ins pectioncertificates shall be displayed as appropriate Copies of all records In this regard shall be forwarded to the
Govemmenfs designated representative.
B, At the Lessor's expense, the Government reserves the right to require documentation of proper operations, inspection, testing, and
maintenance of hire protection systems,such as,but not ImAed to,fire alarm,fire sprinkler,standpipes,fire pump,emergency lighting,illuminated e)dt
signs, emergency generator prior to occupancy to ensure proper operation These tests shall be witnessed by the Government's designated
representative
LEASE NO.GS-IOP4AK07482,PAGE 23 LESSOR�-GOVERNMENT, GSA FORM L202(05115)
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6.10 MAINTENANCE OF PROVIDED FINISHES(SEP 2013)
A. Paint,wall coverings. Lessor shall maintain all wall coverings and high performance paint coatings in'lika new'condition for the life of the Lease
All painted surfaces,shall be repainted at the Lessors expanse,Including the moving and returning of furnishings,any time during the occupancy
by the Government if the paint is peeling or permanently stained.except where damaged due to the negligence of the Government All work
shall be done after normal working hours as defined elsewhere in this Lease. In addition to the foregoing requirement,
1. Lessor shall repaint common areas by mutual agreement between the Lessor and the Government,
2. Lessor shall perform repainting of ft Space at the agency's request. The scope will be determined by the agency and the Lessor will bid the
fimliect. The agency will pay for the project via lump sum payment at project completion and acceptance by the Government. This will be
documented through a Lease Amendment.
8 Qa[pg and figgritill.
1. Except when damaged by the GovemmenL the Lessor shall repair or replace flooring at any time during the Lease term when:
a. Backing or undedayment is exposed:
b. Them am noticeable variations in surface or or texture;
c. It has curls,upturned edges,or other noticeable variations in texture;
d Tiles are loose;or,
a Tears or tripping hazards am present
2. Notwithstanding the foregoing, the Lessor shall replace carpet in the Spare at the agency's request with a product which meets the
requirements in this'Floor Coverings and Perimeters'paragraph in this Lease. The scope will be determined by the agency and the Lessor
will bid the project. The agency will pay for the project via lump sum payment at project complation and acceptance by the Government
This will be documented through a Loose Amendment,
3. Repair or replacement shall include the moving and returning of furnishings,including disassembly and reassembly of systems furniture per
manufacturers warranty,W necessary. Work shall be performed after the normal hours established elsewhere in this Lease
6.11 ASBESTOS ABATEMENT(APR 2011)
If asbestos abatement work is to be performed In the Space after occupancy,the Lessor shall submit to the Government the occupant safety plan and
a description of the methods of abatement and m•occupancy clearance, Inaccordance with OSHA, EPA, DOT,state,and local regulations and
guidance,at least 4 weeks prior to the abatement work.
6.12 ONSITE LESSOR MANAGEMENT(APR 2011)
The Lessor shelf provide an onsite building superintendent or a focally designated representative available to pramptly respond to deficiencies,and
immediately address all emergency situations
6,13 IDENTITY VERIFICATION OF PERSONNEL(SEP 2013)
A. The Government reserves the right to verify identities of personnel with routine pre-occupancy andlor unaccompanied access to Government
space. The Lessor shall comply with the agency personal Identity verification procedures below that Implement Homeland Security Presidential
Directive-12(HSPD-12),Office of Management and Budget(OMB)guidance M-05.24 and M11-11,and Federal Information Processing Standards
Publication(FIPS PUB)Number 201,as amended.
8 The Government reserves the right to conduct additional background checks on Lessor personnel and contractors with routine access to
Government leased space throughout the term of the Lease,
C. Upon request,the Lessor will notify the Government whether they wilt use either the manual process and submit completed fingerprint charts
and background investigation forms,or use the electronic process of ID verification.completed through the a-QJP system This would be done for
each employee of the Lessor,as well as employees of the Lessees contractors or subcontractors who will provide building operating services requiring
routine access to the Government's leased space for a period greater than 6 months.The Government may also require this information for the
Lessors employees,contractors,or subcontractors who will be engaged to perform alterations or emergency repairs In the Government's space.
i. MANUAL PROCESS, The Lessor shall provide Form FD 258, Fingerprint Chart(available from the Government Printing Office at
fillp1/bookstore gpo gov),and Standard Form 85P,Questionnaire for Public Trust Positions, completed by each person and returned to the Lease
Contracting Officer(or the contracting officer's designated representative)within 30 days from receipt of the forms.
2, ELECTRONIC PROCESS The electronic process will be done through the e-QIP system The Lessor's contractor/parsonnell will receive
an email along with instructions for completing the Office of Personnel Electronic Questionnaire(e-0113) The contractor/personnel will have up to(7)
seven business days to login and complete the a-QIP for the background Investigation. The contractor/personnell will be instructed toeccess the
website.and receive an screen Instructions which include but it Is not limited tm
8) How to Log In
b) How to Answer and Create Now Golden Questions
C) at Additional Documents to Send
LEASE NO.GS-IOP-LAK07482,PAGE 24 LESSOR:-GOVERNMENT., GSA FORM L202(0511 5]
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AGENDA ITEM#2.a.
d) To Print and Sign two Signature Forms(Certification That My Answers Are True)
0) To complete the submission process,press the'Releasa lRequestTransmit to the Age "and exit the process
0 Where to Send
The Lessor must ensure prompt Input,and timely receipt of the Wowing,from their contractorlpersonneV
8) Two FBI Fingerprint Cards(Form FD-258)or one card produced by a lwascan device,
b) Certification That My Answers Am Two
C) Authorization for Release of information
D. The Lessor must ensure the contracting officer(or the contracting officer's designated representative)has all of the requested documentation
to ensure the completion of the investigation
E Based on the information furnished,the Government will,conduct background investigations of the employees. The contracting officer will
advise the Lessor in writing if an employee fais the Investigation,and,effective Immediately,the employee will no longer be allowed to work or be
assigned to work In the Government's space.
F Throughout the life of the lease,the Lessor shall provide the same data For any new employees,contractors or subcontractors who will be
assigned to the Government's space In the event the Lassoes contractor or subcontractor Is subsequently replaced, the new contractor or
subcontractor is not required to submit another set of these forms for employees who were cleared through this process while employed by the former
contractor or subcontractor. The Lessor shall resubmit For FD 250 and Standard For 6515 for every employee covered by this paragraph on a 5
year basis
G� The Lessor shall insert this paragraph In all subcontracts when the subcontractor 4 required to have physical access to a federally con red
facility or access to a federal information system,
6.14 SCHEDULE OF PERIODIC SERVICES(JUN 2012)
Wdhin 60 days after occupancy by the Govemmenl,the Lessor shall provide the LCO with a detailed written schedule of all periodic services and
maintenance.Including a preventive maintenance schedule
6.15 LANDSCAPING(SUCCEEDING)PUN 20I21
A Landscape management practices sWil prevent pollution by
1 Emray;ng practices which avoid or minimize the need for fertilizers and pesticides,
2 Prohibiting the use of the 2,4-Dichlamphanoxyacetic,Acid(2,41,D)herbicide and organophosphates,and
3 Composting/racycling all yard waste a ava,fable in Kodiak
B The Lessor shat,use uandscapmg products with recycled content as required by EPA"s CPG Guidelines for land ping products Refer to
EPA's CPG web site,WWW'@Vjrg0yLCQg.
6.16 LANDSCAPE MAINTENANCE(APR 2011)
Landscape maintenance shaI be performed during the growing season at not less than a weekly cycle and shall consist of watering,weeding.
mowing,and pat=ting the area to keep it M of debris Pruning and fertilization shall be done on an a5-needed basis. In addition,dead,dying,or
damaged plants shall be replaced
6,17 RECYCLING(JUN 2012)
& For Losses greater than 10,000 rentable SF,with a Lease farm greater than ss months,the Lessor shall establish a recycling program for
(at a minimum)paper,corrugated cardboard,glass,plastics,and meths whom local markets for recovered materials exist.
B Where state or local law,code,or offnance requires recycling programs for the Premises,Lessor shall comply with such state andfor local
law,Cade or ordinance
C. When implementing any recycling program,the Lessor shail provide an easily accessible.appropriately sized area(2 SF per 1,000 SF of
Building gross floor area)that serves the Space for the collection and storage of materials for recycling. Tel moms am not acceptable as
ding apace, Ounng the Lease term,the Lessor agrees,upon request,to provide the Governmentwith additional Information concerning recycling
programs maintained In the Building and In the Space
elle RANDOLPH-SHEPPARD COMPLIANCE(SEP 2013)
During the term of the Lease,the Lessor may not establish vending facilities within the Passed Space that will compete with any Randolph-Sheppard
vending facilities
6.19 SAFEGUARDING AND DISSEMINATION OF SENSITIVE BUT UNCLASSIFIED(SBU)BUILDING INFORMATION(SEP 2013)
This paragraph applies to all recipients of,5BU Building information,including,bidders,awardees,contractors,subcontractors.Lessors,suppliers,and
manufacturers
LEASE NO.GS-I0P-LAK07482,PAGE 25 LESSOR:-GOVERNMENT: GSA FORM L202(05115)
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AGENDA ITEM#2.a.
A. MARKING SBU Contractorlenerated documents that contain Building information must be reviewed by GSA to Identify any SBU consent,
before the original or any copies are disseminated to any other parties If SOU content is Identified,the LCO may direct the contractor,as specifred
elsewhere In this contract.to Imprint or offix SBU document markings to the anginal documents and all copies,before any dissemination
8 AUTHORIZED RECIPIENTS Building Information considered SBU must be prate de-d with o==strictly controlled and VmIted to those
Individuals having a need to know such Information Those with a need to know may include Federal, state,and local government entities, and
nongovernment entities engaged In the conduct of business on behalf of or with GSA, Nongovernment entitles may include architects,eng'meors.
consultants, contractors, subcontractors suppliers, and others submitting an offer or bid to GSA or performing work under a GSA contract or
subcontract Contractors must provide SBU Budding Information when needed for the performance of official Federal,state,and local government
functions,such as for code compliance reviews and for the issuance of Building permits, Public safety entities such as tire and utility departments may
require access to SBU Building information on a need to know basis. This paragraph must not prevent or encumber the dissemination of SBU Building
Information to public safety entities
The server room is the only area identified as sensitive at this time
C DISSEMINATION OF SBU BUILDING INFORMATION',
1 BY ELECTRONIC TRANSMISSION Electronic transmission of SBU Information outside of the GSA firaw2li and network must
Use session(or alternatively file encryptIrI Sessions(or Me5)must be encrypted with an approved NIST algorithm,such as Advanced Encryption
Standard(AES)or Triple Data Encryption Standard(3DES) Inaccordance with Federal Information Processing Standards Publication(FIPS PUB)
140-2,Security Requirements for Cryptographic Modules Encryption tools that meet FIPS 140.2 am referenced an the NIST web page found 21 the
following URL. htto.1/carc.nist.aovlaLgugst$TMLi;MMLVdoumenWI40-111401vand,htm All encryption products used to satisfy the FIPS 140.2
requirement should have a validation certificate that can be verified at the (Not all vendors of
security products that claim conformance with FIPS 140-2 have validation certificates) Contractors must provide SBU Building information only to
authorized representatives at state Federal, and local government entities and firms curienfly registered as 'aLfiW In the SAM database at
hHps7/A-jww,saM,ggv that have a need to know such Information If subcontractor Is not registered in SAM and has a need to possess SBU Buildrig
information,the subcontractor shall provide to the contractor its DUNS number or Its tax ID number and a copy of its business license
2 BY FORM 90 ON PORTABLE ELEC IEQNIC DATA SIQ!3699 DEVICES. Portable electromr:data storage
devices include but are not limited to CDs,DVDs,and LISS drives Non-efectronic forms of SBU Building Information Include per documents
a a . Utilize only methods of shipping that provide services for monitoring receipt such as track and confirm,proof of delivery,
signature confirmation.or return rwAipL
b. Contractors must provide SBU Building Information only to authorized representatives of state.Federal and 0
government offlitirs and forms currently registered as'active'in the SAM database that have a need to know such Information
3 RECORD KEEPING. Contractors must maintain a list of the state;,Federal,and to government entities and the firms to which
SBU is disseminated under sections Cl and C2 of this paragraph This list must Include at a minimum
a The name of the state,Federal,ori l government entity or film to which SBU has been disseminated;
b The name of the Individual at the entity or firm whom responsible for protecting the SBUB0,ding Information with amass
strictly controlled and limited to those Indviduals having a need to know such information;
C. Contact information for the named individual,and
d A description of the SBU Building information provided
On work Is completed,or for leased Space with the submission of the as built drawings,the contractor must collect all lists malntaaned Inaccordance
with this paragraph,findudlng those maintained by any subcontractors and suppliers,and submit them to the LCO.
D RETAINING SBU DOCUMENTS SBU Building information(both electronic and paper formats)must be protected, with access strictly
controlled and limited to these Individuals having a need to know such Wormation,
E,
DESTROYING 56U BUILDING INFORMATION. SBU Building Information must be destroyed such that the marked Information Is rendered
unreadable and Incapable of baing restored, or returned to the LCO,when no longer needed,in accordance with guidelines provided for media
sanitLzaldon available at bgl2.UMM,pisi,govlgubliggtignsieubslQ,hlMl#EgEgasio At the Web site,locale SP BOMB,Guidelines for Media Sanitization,
available at HTTP/1CSRC NISTGOVIPUBLICATIONSINISTPUBSIBOG-aB/NISTSPOOO-88 REVI PDF and click on the file name NISTSPB00-
88_REVI,pdf From there,you can choose to'Save'or"Download"the file If SBU Bu4ing information is net returned to the LCO,examples of
acceptable destruction methods for SSU Building Information am burning or shredding herd til physically destroying portable electranie storage
devices such as CDs DVDs,and USB dnves,deleting and removing files from electronic recycling bins;and removing material from computer hard
drives using a permanent-arose utility such as bit-wiping software or disk crushers.
F The contractor must notify the LCO that all SBU Building information has been destroyed,or returned to the LCO,
by the contractor and its subcontractors or suppliers in accordance with section(a)of this paragraph,,with the exception of the contraclor's record
copy, This notice must be submitted to the LCO at ft completion of the contract in order to receive final payment, For Leases,this notice must be
submitted to the LCO at the completion of the Lease term
LEASE NO.GS-I0P-LAK07482,PAGE 26 LESSOR.-GOVERNMENT., GSA FORM L202 1051151
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AGENDA ITEM #2.a.
G JNQIQENM All improper daclosures of SBU Building information must be reported immediately to the LCO It the contract provides far
progress payments the LCO may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the
contractorwill prevent future improper disclosures of SBU Building Information. Progress payments may also be withheld for failure to comply with any
provision in this paragraph until the contractor provides a corrective action plan explaining how the contractor will rectify any noncompliance and
comply with the paragraph in the future.
H. §W0QQNTR6rjSThe Contractor must insert the substance of this paragraph in all subcontracts.
6.20 INDOOR AIR QUAUTY(SEP 2013)
A The Lessor shot,control contaminants at the source and/or operate the Space In such a manner that the GSA mdicator levels for carbon
monoxide(CO).carbon dioxide(CO2),,and formaldehyde(HCHO)are not exceeded The indicator levels for office areas IlWl be CO 9 ppm time
weighted average(TWA 8 hour sample);CO2 1,000 ppm(TWA);HCHO 0.1 ppm(TWA).
a The Lessor shot make a reasonable attempt to apply Insecticides,points,glues,adhesives,and HVAC system cleaning compounds w4h
highly volatile or Irritating organic compounds,outside of working hours. Except In an emergency,the Lessor shall provide at least 72 hours advance
notice to the Government before applying noxious chemicals in occupied Spaces and shall adequate4y ventilate those Spaces during and after
application,
C The Lessor shwil promptly investigate indoor air quality(IAQ)complaints and shelf implement the necessary controls to address this
complaint.
0 The Government reserves the right to conduct independent IAQ assessments and detailed studies In Space that it occupies,as well as In
space serving the Space(e g., common use areas, mechanical moms. HVAC systems, etc.) The Lessor shall assist the Government in Its
assessments and detailed studies by:
I Making ova�blo information on Buiiding operations and Lessor activities,
2 Providing amass to Space for assessment and testing.If required;and
3 Implementing corrective measures required by the LCO.
E The Lessor shall provide to the Government material safety data sheets(MSDS)upon request for the following products prior to their use
during the term of the Lease adhesives,caulking,sealants,insulating materials,fireproofing or firestopping materials,paints,carpets,floor and watt
patching or leveling materials lubricants,dear finish for wood surfaces,12nKodal cleaning products,pesticides radentleAes.and herbicides, The
Government reserves the right to review such products used by the Lessor within
I The Space;
2 Common Building areas;
3 Ventilation systems and zones serving the Space:and
4 The area above suspended ceilings and engineering space in the same ventilation zone as the Space
F Whom hazardous gasses or chemicals(any products with data in the Health and Safety sedan of the MSDS sheets)may be present or
used,including large-scale copying and printing moms,saigiragato areas with derk-to-deck partitions with separate outside exhausting at a rate of at
least 0 5 cubic feet per minute per SR no air recirculation The mechanical system must operate at a negative pressure compared with the
surrounding spaces of at least an average of 5 Pa(Pascal)(0 02 Inches of water gauge)and with 2 minimum of I Pa(0.004 inches of water gauge)
when the doors to the rams are dosed
6.21 RADON IN AIR(SUCCEEDING)(SEP 2013)
A The radon concentration in the air of the Space shall be less than 4 pleoCuries per liter(pCWL)for childcare and 25 pCVL for all other space,
herein called'GSA action levels
B. INITIAL TESTING'
I The Lessor shall
a Test for radon that portion of Space which Is in ground contact or closest to the ground up to and induding the second floor above
grade(Space an the third or higher floor above grade need not be measured)
b Report the results to the LCO upon award.and
c Prompty carry out a corrective action program for any radon concentration which equals or exceeds the GSA action levels,
2 Testing sequence The Lessor shall measure radon by the standard test In sub-paragraph D 1,completing the test not later than
150 days after award,unless the LCO decides that there is not enough time to complete the test prior to Lease Term
Commencement Date,in which case the Lessor shall perform the short test in subparagraph D.2°
C. CORRECTIVE ACTION PROGRAM
1, Program Initiation and Procedures
a If either the Government or the Lessor detects a radon concentration at or above the GSA action levels at any time after award or
during the term of the Lease,the Lessor shall promptly carry out a corrective action program which reduces the concentration to
below the GSA action levels
b If either the Government or the Lessor details a radon rAncentnirtmn at or above the GSA action levels at any time after
Government occupancy,the Lessair sholl,prompty restrict the use of the affected area and shall provide comparable temporary
LEASE NO.GS-I0P-LAK07482,PAGE 27 LESSOR:-GOVERNMENT, USA FORM L202(05115)
38
Page 55 of 235
GSA Lease
AGENDA ITEM#2.a.
space for the tenants,as agreed to by the Government,until the Lessor carries out a prompt corrective action program which
reducesthe concert tration to below the GSA action levels and certifies the Space for re-Gocupancy
c. The Lessor shall provide the Government with prior written notice of any proposed corrective action or tenant relocation The
Lessor shall promptly revise the corrective action program upon any change In Build,ing condition or operation ch would affect
the program orincrease the radon concentration to or above the GSA action levels
d, The Lessor shall perform the standard test in sub-paragraph D I to assess the effectiveness of a corrective action program The
Lessor may also perform the short test In aub-panigraph D..2 to determine whether the Space may be occupied but shall'begn the
standard test concurrently with this short test
a. Ali measures to accommodate delay of occupancy,corrective action,tenant relocation,tenant re-occupancy,or follow-up
measurement shall be provided by the Lessor at no additional=at to the Government
t. If the Lessor falls to exercise due diligence,or is otherwise unable to reduce the radon concentration promptly to below the GSA
action levels,the Government may implement a corrective action program and deduct its costs from the tent
D TESTING PROCEDURES
1 Standard Teat. Place alpha track detectors throughout the required area for 91 or more days so that each covers no more than
2,000 ABOA SF Use only devices listed in the EPA Radon Measurement Proficiency Program(RMP)application device checklists Use a laboratory
rated proficient In the EPA RMP to analyze the devices. Submit the results and supporting data(sample location device type,duration, radon
measurements, laboratory prolidency certification number, and the signature of a responsible laboratory official) within 30 days after the
measurement.
2. �hgg T_qn, Place alpha track detectors for at least 14 days,or charcoal canisters for 2 days to 3 days throughout the required
area so that each covers no more than 2,000 ABOA SF,starting not later than 7 days after award. Use only devices listed In the EPA RMP application
device checklists. Use a laboratory rated proficient in the EPA RMP to analyze the devices Submit the results and supporting data within 30 days
after the measurement In addition,complete the standard test not later than 150 days after Government occupancy
6.22 HAZARDOUS MATERIALS(SEP 2013)
A. The leased Space shall be free of hazardous materials. hazardous substances, and hazardous wastes, as defined by and according to
applicable Federal,state,and local environmental regulations Should there be reason to suspect otherwise.the Government reserves the r1ghL at
Lassoes expense to require documentsUan or testing to confirm that the Space is free of all hazardous materials
a Lessor shall,to the extent of its knowledge,,notify Government of the introduction of any hazardous materials onto the Property by Lessor or
others,including but not limited to,co-tenants occupying Space in the Building
6.23 MOLD(SEP 2013)
A Actionable mold is mold of types and concentrations In excess of that found in the local outdoor air
B The Lessor shall provide Space to the Government that is free from actionable mold and free from any conditions that reasonably can be
anticipated to permit the growth of actionable mold or are Indicative of the possibility that actionable mold will be present(indicators)
C At surh times as the Government may direct including but not limited im after a flood wafer damage not caused by the Government or
repairs caused by the Lessor,the Lessor,at Its sole coK expense and nsk shall:(1)cause an industrial hygienist ceffied by the American Board of
Industrial Hygienists or a qualified consultant(the Inspector)who.In either instance,Is reasonably acceptable to the Government to inspect and
evaluate the Spare for the presence of actionable mold or mold Indicators,and(ll)cause the Inspector to deliver the results of its inspection and
evaluation(the Report)to the Government within 30 days after it conducts same and,in all events,at the same time that it delivers the Report to
Lessor With the delivery of the Report to the Government,the Inspector shall notify the Government,In writing via Cover letter to the report 11 the
Ins peclardiscavers or suspects the existence of actionable mold or indicators In the leased Space.
D The presence of"actionable mold In the Premises may be treated as a Casualty,as determined by the Government,in accordance with the
Fire and Other Casualty douse contained in the General Clauses of this Lease In addition to the provisions of the Fire and Other Casualty clause of
this Lease,should a portion of the Promises be determined by the Government to be un-tenantable due to an act of negligence by the Lessor or he
agents.the Lessor shall provide reasonably acceptable alternative Space at the Lassoes expense,Inducting the cost of moving,and any required
alterations.
EIf the Report Indicates that actionable mold or indicators are present in the leased Space,the Lessor,at its 5010 cost,expense,and risk,
shall within 30 days after its raceipt of the Report 1)retain an experienced mold remediation contra reasonably acceptable to the Government to
prepare and submit to the Government and Lamar a remadiation plan(the Plan)and within go days after the Governments approval of the Plan,
remediate the actionable mold or the Indicators in the leased Space,but prior to commencing such romediation.Lessor shall send the Government a
notice stating:(I)the date on which the actionable mold remediation shall start and how long it is projected to continue,,(ii)which portion of the leased
Space shelf be subject to the remediation;and(ill)the remedlation procedures and standards to be used to Implement the Plan and the clearance
criteria to be employed at the conclusion of the remediation;and 2)notify,in accordance with any applicable Federal,state and local health and safety
requirements,the Government employees as well as all other occupants of and visitors to the leased Space of the nature location and schedule for
the planned remediation and reasons therefore.
F The Lessor shall be responsible for conducting the remadiation innccordance with the relevant provisions of the document entitled'Mold
Remediation In Schools and Commercial Buildings"(EPA 402-K-01-00I,March 2001),published by the U.S Emilronmentai Protection Agency,as
same may be amended or revised train time to time,and any other applicable Federal,state,or local laws regulatory standard&and guidelines
G. The Lessor acknowledges and agrees that the Government shall have a reasonable opportunity to inspect the leased Space after
conclusion of the remediation. It the results of the Government's Inspection Indicate that the remediation does not comply with the Plan or any other
LEASE NO.GS40P-LAK67462,PAGE 28 LESSOR:-GOVERNMENT., GSA FORM L202(05115)
39
Page 56 of 235
GSA Lease
AGENDA ITEM #2.a.
applicable Federal,state,or local laws,regulatory standards or guidelines the Lessor,at its sole Cost,expense,and risk,shall Immediately take all
further actions necessary to bring the remediation into compliance.
H It the Lessor fails to exercise due diligence or is otherwise unable to remediate the actionable mold,the Government may Implement a
corrective action program and deduct its costs from the rent
6.24 OCCUPANT EMERGENCY PLANS(SEP 2013)
The Lessor is required to cooperate,participate and comply with the development and implementation of the Government's Occupant Emergency Plan
(OEP)and if necessary,a supplemental Shelter•in Place(SIP)Plan,Periodically,the Government may request that the Lessor assist In reviewing and
revising its OEP and SIP The Plan,among other things,must include an annual emergency evacuation drill,emergency notification procedures for the
Lessor's Building engineer or manager,Building security,local emergency personnel,and Government agency personnel
LEASE NO.GS-IOP4-AKG7492,PAGE 29 LESSOR;-GOVERNMENT: GSA FORM L202(05116)
40
Page 57 of 235
GSA Lease
AGENDA ITEM #2.a.
SECTION 7 ADDITIONAL TERMS AND CONDITIONS
7.01 SECURITY STANDARDS(JUN 2012)
The Lessor agrees to the requirements of Security Level I attached to this Lease
8.01 SPECIAL REQUIREMENTS
Replacement and Renewal and Capital Improvement Projects are defined as below and will be discussed after the GSA Form 1217 has been
submitted.
Ragiffornent and Renewal: An exchange of one fixed asset for another that has the same capacity to perform the same function In
contrast to repair, replacement, and renewal generally Involves a complete Identifiable item of reinvestment (system component at individual
components,for example motors,shaft.or switches). All replacement and renewal projects over$5,000 will be funded through the Replacement and
Renewal Reserve(see Exhibit E),
Capital Improvement Projects, Work performed to change the interior arrangements or other physical characteristics of an existing facility or
fixed equipment so that It can be used more effectively for its current designated purpose or adapted to a new use Capital Improvement Projects also
would include any now structures built to support the current purpose or new use of the main facility(for example:a Sea Water Chiller,a Hazmat
Building,or a warehouspJstorage building) Capital Improvement Projects will not be funded through the Replacement and Renewal Reserve but will
be funded by negotiated agreement.
In the event a Replacement and Renewal and Capital Improvement project overlap,the parties will negotiate and execute an appropriate
Lease Amendment
LEASE NO.GS-IOP- 07402,PAGE 30 LESSOR:-GOVERNMENT, GSA FORM L202(051`1151
41
Page 58 of 235
GSA Lease
AGENDA ITEM #2.a.
1
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Page 59 of 235
GSA Lease
AGENDA ITEM #2.a.
11...........
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Page 60 of 235
GSA Lease
AGENDA ITEM#2.a.
Exhibit A - Space Allocations
KFRC:Net Rentable Square Footage
"PROPOSEDOC�0IPAN �
Space Occunancv Total Area fftlt Proposed NOAA space ffth
Common J@75 3%) 12819 9648 inclusion of KIB-Public 75.3%
KIB f%%%i%/ % w 0
NOAH 15684` 15684
Other Tenant I „%/2970 0
Other 6053 Bldg Gross NoaCcunicd
Grand Total 39710 25332
Space Occupancy Of gSF
KIB ,21841 3528 Common Area Factor
NOAA 15694a 25332 1.615174201
Other Tenant / %/ / 297f)P 4797
'MOGrand Total 20838 33657 %occupancy
0.752663403
Lessor Govt
1 of 3 4. 12/9/2015
Page 61 of 235
GSA Lease
AGENDA ITEM 2.a.
Exhibit - Space Allocations
CSASpace
Level Room M Area(ft') CurCOPan� r
RoomT a Room Use Classification
2 201 506 Common Conference Conference room Common Common
I 202 70 Common Storage Conf rmum Storage Common Common
2 20370 Common Storage Conf room Storage Common Common
,�, ,....,....� ,�„-r �•.,:,,,,v r �..�� „�.......
r �/2 rr,rrrU2125 /ir riiiirrii OCher tenants %l.aborato li oto /� // r rir/l
2 206 231 Common Conference Conference rocen Common Common
trat,fl^I riiu roi
2 208 130 �NOAA Storage Storage Common Common
2 209 406 Common Kdtchen Kitchen Common Common
i 2 2I0 S7Sr >N OI#Ice// e N N r i
"N a Office OM N alai /
rr /ir rrrrr, ��„ rias r
2, 212 214 NOM” -Office r Office NOAA NOM
2I3,„, lei,; NpAA'„ Cllfke Offi
214ce NOAA Nds r
NOM R/f�Ce r ;
Office/
215,' 100 NCAA , Olffce %%/ice
2° ' 226 X496 NGM r 5torags /Storage /rr /riilliii,,,; ;riiii��c%NWa4 N� iiii�%%/� r
r„
D /
2 219 69 KID Storage Janitor closet Common Common
rr
r r
2 219 282 N e e ai aai NOM
r
r / /
2 2 0 NOM Stars a Admin su les N N r
/
z z zl
rrr /
2 222 125 Common Bathroom Bathroom Level 2 Common Common
2 223 12 KID Storage Janitordoset Common Common
,,, r ,
224 13fi NOM ice
226 213 NOM "dHJce %//////��j%// ell, 'NOAA r NOM r i
NOM
2 227 11
213NOM Office %%%ii Offke% NOM
2 228 276 NOAA office /////////////////01f ke
2 213 N ,rrrrr ;
a /N
Steerage ITsteragfN
O�„33NOM
NOAA r
"
2 „, 2311 , NOM
„ OHice
arr Nay Oyice
1 /i,NOAA "Office
a
NOAA
rrrrr ,,,,,,,�rrrii� ,NOM
213 of0ce OPCKe %,,,//aiiNOM
2 234 213 NOM rc, e N N J
2 236 130 Common Common Use KClchen Common Common
r
U6nry/Wfdco
�,., "237,�,..,,�
2 239 231 J'° nddo Coofvrehle iCYaMerente Common Common
�' 2 239 22Lt NOAA Storage Arch! stwxge NOAA W. NOAP:
!borate illr'c4r,,,,fab'w hood
2 241 231 Common Conference Conference room Common Common
2 242 206 Common Admin Mail room Common Common
2 243 111 KM Maintenance Telecoms Common Common
2 244 169 Common Bathroom Bathroom Level Common Common
iii„v,,, mor ra or i /ilii,r rrrJ /i oiiir rr//i oil,,,, ":;i rr
„r�/rr/ 2,""'",i 249'✓%////////iii/ ,,,i75 ertenan@nrr�� iOyce!„rrr."rrrrrr Of9ise",,,,,,,,,,,r��/ ;'dtfaec%eoent'�Cltheiltenadtj��
/
rrirrar rr
/ rr c , rrr
.257 ereenant :@t}ieerr e ! oeftertenant:Uthertcnarti
2 Level NA 854 Hallway/Stair/Entry space Hallway West wing level Common Common
2 Levri 2N 1552 HaNway/Stair/Entry space Hallway East wing level Common Common
2 Level 2 NA 956 Pulsyc dispJay fhallwayf Publlcd,spiay Pub€ic display Levet 2 Common Common
2 Level 2 NA 119 Hawiway/Stalr/Entry space Hallway Entryway Common Common
2 4w rl4NA 480 Hallway/Stair/Entry space Stairwells Stairwells I
%00%DOD,„ 11fi r,Cs,// goo i,;,/,,,r Other lona t.�� Labora� �_ Seawat+er Lab",,;;� �gtfaer a an4:;dther lana k
/1 rr
;;;;;;;;;,,,,, a/ ii,� ,� ✓ ra �/aarrrr= rrrrrr////////////// �,;;;; ,// .: ,. r.... /lily// ..ri
€€€;;:: I ../ 302.: �.461 t9t mrtenant/ ;talaorato taborao r"rrrrr � r/ other enan dthertenan r
303 Star e,� Stafige a///////////a rrr NOM / NOAA rr ..,ria
r
/
104 480 NOAA ahoy lahora r. NOM NOAH
200'1 45 .....................................1�_.....................................
Lessor Gov't
Page fit of 235
GSA Lease
AGENDA ITEM #2.a.
Exhibit A ® Space Allocations
GSASPace ice'
Level Roorn 0 Area 6fel Current Room occupancy Room?ype Room Use Classification
/
, ,If' ���rr/ .dtherteriant,Othertan3nt
firaRp,t1".%. ,.,,,�l C'a°. 171 v i,i „2 e_ o/a'
1 106 132 NOAA Storage Feeezer �Common Common.
1 107 6119 Common Common Use Loading dock Common Common
1 108 6o NOAA Storage Loading dock storage mom Common Common
ii
N
alte
1 110 489 Common Maintenance Maintenanceshop Common Common
1 111 0 Common Maintenance Maintenanceshop Common Common
1 111 DB Common Office Maintenance office Common Comawn
6 }, 113 l N ' sto a rs8e N N
f
2 4 N N
r e
1 115 1430 KIB Maintenance HVAC Common Common
1 117 272 KID Maintenance Main Telecommunications Common Common
1 i1B 299 KIB Maintenance Electrical Common Common
1 119 16S NUAA Laundry Laundry Common Common
1 120 329 Cmmnmon Common Use Bathroom Level 1 Common Common
1 121 320 Gtrmmon Common Use Bathroom Level l Common Common
r1.�,,,,,,� ,�,,,..� �pB�kN�.
1 123 428 KIB Maintenance Generator Common Common
Shap ' Lzsadettg dgN,k N NOAA
1 125 190 NOAA storage storage NOAA NOM 1
1 126 i96 '%"' NDAA iiOi/ii / Shap( Shoe NOIW NGM///
' 96 NOAA// i� /%% shop/��/,; NO�AA� NC1AA
i Seaarater Fac(flty wet lab 'NOAA NOAA„
2 229
as,,
B �Common " M/ N�
I30 D/ /Comttwn "////��/%///O%�'Labvat 'CdldRoomN2. rri��////%//// N N
vi / NO
i
OAA
i
1 13i B8 /
J
viiiii /� Cammart i La�oraW f0ld p3- NL3M N
la
lrofat,!s :' ,,,,,,�,..,,water Rurality C,at?SroJ, � ,,,N i MOM
2 1 133 97 KIB Telecom Telecom Common Common
„
1 135 42 KIB Maintenance Electrical Common Common
1 �„'i 136 ,95 ""Colttmm� La�ataly,,,,, 'NMF5 MrCrasmpe ,�
I 137 736 Coinangn i////%Laborltory Seawacar FacViiey dry lah{w/hoed} NOAA NOAde
i
1 13B i 91 L reran .Stara r /�%
pm a Ste a e�� NOAA . NOM
i i o i ,i a i ,? ,. i ri �,r< ,,, r oo.....✓,oi / ;...i i ..,,�<i, a�r Gi, i �.. ,� i � iia ,i
1 Level 1 NA 792 Hallway/Stair/Entry space Hallway West wing level 1 Common Common
1 Level INA 1010 Hallway/Stair/Entzy space Hallway East wing level( Common Common
1 Leval 1 NA 480 Hallway(Stalr/Fraley space stairwells Stairwells Not Counted �tlpt
i,
NA Penthouse 1 760 K16 Maintenance Not Counted
% nled
RE
'i
NA Penthouse 605 KIB Maintenance NotCounted Not anted
NA Penthouse 805 KIB Maintenance NotCounted ,iFgtauntetd
s
NA Ozone level 695 Kla 5eawatersystem NotCounted
l�
NA Boiler room level 695 KID Maintenance NotCounted traopted
NA Water storage tanks 695 KIB seawmersystem NotCounted q.couno
NA Sand Filters 695 KIB Brewster system NotCounted Nottnted
NA Pump House 143 KIB Seawatersystem NotCounted
39710
Lessor / Gov't
3 of 3 4612/9/2015
Page 63 of 235
LeaseGSA
AGENDA ITEM#2.a.
=F,hlb,t
GENERAL CLAUSES
(Acquisition of Leasehold Interests in Real Property)
CATEGORY CLAUSE NO. 48 CFR REF. CLAUSE TITLE
GENERAL 1 SUBLETTING AND ASSIGNMENT
2 552.270-11 SUCCESSORS BOUND
3 552.270-23 SUBORDINATION, NON-DISTURBANCE AND
ATTORNMENT
4 552.270-24 STATEMENT OF LEASE
5 552.27025 SUBSTITUTION OF TENANT AGENCY
6 552.270.26 NO WAIVER
7 INTEGRATED AGREEMENT
8 552.27028 MUTUALITY OF OBLIGATION
PERFORMANCE 9 DELIVERY AND CONDITION
10 DEFAULT BY LESSOR
11 552,270.19 PROGRESSIVE OCCUPANCY
12 MAINTENANCE OF THE PROPERTY,RIGHT TO
INSPECT
13 FIRE AND CASUALTY DAMAGE
14 COMPLIANCE WITH APPLICABLE LAW
15 552.270.12 ALTERATIONS
16 ACCEPTANCE OF SPACE AND CERTIFICATE OF
OCCUPANCY
PAYMENT 17 52.2047 SYSTEM FOR AWARD MANAGEMENT
16 52,204-13 SYSTEM FOR AWARD MANAGEMENT
MAINTENANCE
19 552.270-31 PROMPT PAYMENT
20 552.232-23 ASSIGNMENT OF CLAIMS
21 552.270-20 PAYMENT
22 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—
SYSTEM FOR AWARD MANAGEMENT
STANDARDS OF CONDUCT 23 52203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND
CONDUCT
24 552270-32 COVENANT AGAINST CONTINGENT FEES
25 52-203-7 ANTI-KICKBACK PROCEDURES
26 52-223-6 DRUG-FREE WORKPLACE
27 52,203-14 DISPLAY OF HOTLINE POSTER(S)
ADJUSTMENTS 28 552270-30 PRICE ADJUSTMENT FOR ILLEGAL OR
IMPROPER ACTIVITY
29 52-215-10 PRICE REDUCTION FOR DEFECTIVE COST OR
PRICING DATA
30 552.270.13 PROPOSALS FOR ADJUSTMENT
31 CHANGES
AUDITS 32 552.215-70 EXAMINATION OF RECORDS BY GSA
33 52.215-2 AUDIT AND RECORDS—NEGOTIATION
INITIALS &
LESSOR GOVERNMENT 47 GSA FORM 35178 PAGE 1(REV 04115)
Page 64 of 235
GSA Lease
AGENDA
I . .
Exhibit B
DISPUTES 34 52.233-1 DISPUTES
LABOR STANDARDS 35 52.222-26 EQUAL OPPORTUNITY
36 52.222-21 PROHIBITION OF SEGREGATED FACILITIES
37 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM
REREPRESENTATION
38 52.222-35 EQUAL OPPORTUNITY FOR VETERANS
39 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH
DISABILITIES
40 52.222-37 EMPLOYMENT REPORTS VETERANS
SUBCONTRACTING 41 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST
WHEN SUBCONTRACTING WITH CONTRACTORS
DEBARRED,SUSPENDED,OR PROPOSED FOR
DEBARMENT
42 52.215-12 SUBCONTRACTOR CERTIFIED COST OR
PRICING DATA
43 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS
44 52,219-9 SMALL BUSINESS SUBCONTRACTING PLAN
45 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING
PLAN
46 52.204-10 REPORTING EXECUTIVE COMPENSATION AND
FIRST-TIER SUBCONTRACT AWARDS
The information collection requirements contained in this solicitation/contract that are not required by regulation
have been approved by the Office of Management and Budget(OMB)pursuant to the Paperwork Reduction Act
and assigned the OMB Control No.3090-0163.
INITIALS: B
LESSOR GOVERNMENT 48 GSA FORM 35178 PAGE 2(REV 04115)
Page 65 of 235
GSA Lease
AGENDA ITEM#2.a.
Exhibit B
GENERAL CLAUSES
(Acquisition of Leasehold Interests in Real Property)
1. SUBLETTING AND ASSIGNMENT(JAN 2011)
The Government may sublet any part of the premises but shall not be relieved from any obligations under this
lease by reason of any such subletting.The Government may at any time assign this lease,and be relieved from
all obligations to Lessor under this lease excepting only unpaid rent and other liabilities,if any,that have accrued
to the date of said assignment.Any subletting or assignment shall be subject to prior written consent of Lessor,
which shall not be unreasonably withheld,
2. 552.270-11 SUCCESSORS BOUND(SEP 1999)
This lease shall bind,and inure to the benefit of,the parties and their respective heirs,executors, administrators,
successors,and assigns.
3. 652.270-23 SUBORDINATION,NON-DISTURBANCE AND ATTORNMENT(SEP 1999)
(a) Lessor warrants that it holds such title to or other interest in the premises and other property as is
necessary to the Government's access to the premises and full use and enjoyment thereof in accordance with the
provisions of this lease. Government agrees, in consideration of the warranties and conditions set forth in this
clause, that this lease is subject and subordinate to any and all recorded mortgages, deeds of trust and other
liens now or hereafter existing or imposed upon the premises, and to any renewal, modification or extension
thereof. It is the intention of the parties that this provision shall be self-operative and that no further instrument
shall be required to effect the present or subsequent subordination of this lease. Government agrees, however,
within twenty(20) business days next following the Contracting Officers receipt of a written demand, to execute
such instruments as Lessor may reasonably request to evidence further the subordination of this lease to any
existing or future mortgage, deed of trust or other security interest pertaining to the premises, and to any water,
sewer or access easement necessary or desirable to serve the premises or adjoining property owned in whole or
in part by Lessor if such easement does not interfere with the full enjoyment of any right granted the Government
under this lease.
(b) No such subordination,to either existing or future mortgages,deeds of trust or other lien or security
instrument shall operate to affect adversely any right of the Government under this lease so long as the
Government is not In default under this lease Lessor will include in any future mortgage, deed of trust or other
security instrument to which this lease becomes subordinate, or in a separate non-disturbance agreement, a
provision to the foregoing effect. Lessor warrants that the holders of all notes or other obligations secured by
existing mortgages, deeds of trust or other security instruments have consented to the provisions of this clause,,
and agrees to provide true copies of all such consents to the Contracting Officer promptly upon demand.
(c) In the event of any sale of the premises or any portion thereof by foreclosure of the lien of any such
mortgage,deed of trust or other security instrument,or the giving of a deed in lieu of foreclosure,the Government
will be deemed to have attorned to any purchaser, purchasers, transferee or transferees of the premises or any
portion thereof and its or their successors and assigns,and any such purchasers and transferees will be deemed
to have assumed all obligations of the Lessor under this lease, so as to establish direct privity of estate and
contract between Government and such purchasers or transferees,with the same force,effect and relative priority
in time and right as if the lease had initially been entered Into between such purchasers or transferees and the
Government; provided, further, that the Contracting Officer and such purchasers or transferees shall, with
reasonable promptness following any such sale or deed delivery in lieu of foreclosure,execute all such revisions
to this lease,or other writings,as shall be necessary to document the foregoing relationship.
(d) None of the foregoing provisions may be deemed or construed to imply a waiver of the
Government's rights as a sovereign,
INITIALS &
LESSOR GOVERNMENT 49 GSA FORM 3517B PAGE 3(REV 04115)
Page 66 of 235
GSA Lease
AGENDA ITEM#2.a.
Exhibit B
4. 552.270-24 STATEMENT OF LEASE(SEP 1999)
(a) The Contracting Officer will,within thirty(30)days next following the Contracting Officer's receipt of a
joint written request from Lessor and a prospective lender or purchaser of the building, execute and deliver to
Lessor a letter stating that the same is issued subject to the conditions stated in this clause and, if such is the
case,that(1)the lease is in full force and effect;(2)the date to which the rent and other charges have been paid
in advance,if any:and(3)whether any notice of default has been issued
(b) Letters issued pursuant to this clause are subject to the following conditions.
(1) That they are based solely upon a reasonably diligent review of the Contracting Officer's
lease file as of the date of issuance;
(2) That the Government shall not be held liable because of any defect in or condition of the
premises or building;
(3) That the Contracting Officer does not warrant or represent that the premises or building
comply with applicable Federal,State and local law;and
(4) That the Lessor, and each prospective lender and purchaser are deemed to have
constructive notice, of such facts as would be ascertainable by reasonable pre-purchase and pre-commitment
inspection of the Premises and Building and by inquiry to appropriate Federal, State and local Government
officials.
5. 552.270-25 SUBSTITUTION OF TENANT AGENCY(SEP 1999)
The Government may,at any time and from time to time,substitute any Government agency or agencies for the
Government agency or agencies,if any,named in the lease,
6. 552.270-26 NO WAIVER(SEP 1999)
No failure by either party to insist upon the strict performance of any provision of this lease or to exercise any right
or remedy consequent upon a breach thereof, and no acceptance of full or partial rent or other performance by
either party during the continuance of any such breach shall constitute a waiver of any such breach of such
provision.
7. INTEGRATED AGREEMENT(JUN 2012)
This Lease, upon execution,contains the entire agreement of the parties and no prior written or oral agreement,
express or implied,shall be admissible to contradict the provisions of the Lease, Except as expressly attached to
and made a part of the Lease, neither the Request for Lease Proposals nor any pre-award communications by
either party shall be incorporated in the Lease.
8. 662,270-28 MUTUALITY OF OBLIGATION(SEP 1999)
The obligations and covenants of the Lessor,and the Government's obligation to pay rent and other Government
obligations and covenants, arising under or related to this Lease,are interdependent.The Government may,upon
issuance of and delivery to Lessor of a final decision asserting a claim against Lessor,set off such claim,in whole
or in part, as against any payment or payments then or thereafter due the Lessor under this lease. No setoff
pursuant to this clause shall constitute a breach by the Government of this lease,
9. DELIVERY AND CONDITION(JAN 2011)
(a) Unless the Government elects to have the space occupied in increments, the space must be
delivered ready for occupancy as a complete unit.
INITIALS: &
LESSOR GOVERNMENT 50 GSA FORM 35178 PAGE 4(REV 041151
Page 67 of 235
GSA Lease
AGENDA ITEM#2.a.
Exhibit 8
(b) The Government may elect to accept the Space notwithstanding the Lessors failure to deliver the
Space substantially complete;if the Government so elects,it may reduce the rent payments.
10. DEFAULT BY LESSOR(APR 2012)
(a) The following conditions shall constitute default by the Lessor, and shall give rise to the following
rights and remedies for the Government:
(1) Prior to Acceptance of the Premises. Failure by the Lessor to diligently perform all
obligations required for Acceptance of the Space within the times specified, without excuse, shall constitute a
default by the Lessor. Subject to provision of notice of default to the Lessor, and provision of a reasonable
opportunity for the Lessor to cure its default,the Government may terminate the Lease on account of the Lessors
default.
(2) After Acceptance of the Premises. Failure by the Lessor to perform any service,to provide
any item, or satisfy any requirement of this Lease, without excuse, shall constitute a default by the Lessor.
Subject to provision of notice of default to the Lessor,and provision of a reasonable opportunity for the Lessor to
cure its default, the Government may perform the service, provide the Item, or obtain satisfaction of the
requirement by its own employees or contractors. If the Government elects to take such action,the Government
may deduct from rental payments its costs incurred in connection with taking the action. Alternatively, the
Government may reduce the rent by an amount reasonably calculated to approximate the cost or value of the
service not performed, item not provided,or requirement not satisfied,such reduction effective as of the date of
the commencement of the default condition.
(3) Grounds for Termination. The Government may terminate the Lease if.
(1) The Lassoes default persists notwithstanding provision of notice and reasonable
opportunity to cure by the Government,or
(ii) The Lessor fails to take such actions as are necessary to prevent the recurrence of
default conditions,
and such conditions(I)or(ii) substantially impair the safe and healthful occupancy of the Premises,or render the
Space unusable for its intended purposes
(4) Excuse. Failure by the Lessor to timely deliver the Space or perform any service, provide
any item,or satisfy any requirement of this Lease shall not be excused if its failure in performance arises from
(I) Circumstances within the Lassoes contrO
(ii) Circumstances about which the Lessor had actual or constructive knowledge prior to
the Lease Award Date that could reasonably be expected to affect the Lessors capability
to perform, regardless of the GovernmenCs knowledge of such matters;
(iii) The condition of the Property„
(iv) The acts or omissions of the Lessor, its employees,agents or contractors,or
(v) The Lessors inability to obtain sufficient financial resources to perform its
obligations
(5) The rights and remedies specified in this clause are in addition to any and all remedies to
which the Government may be entitled as a matter of law.
INITIALS &
LESSOR GOVERNMENT 51 GSA FORM 35176 PAGE 5(REV 04/151
Page 68 of 235
GSA Lease
AGENDA I . .
Exhibit B
11. 552.270-19 PROGRESSIVE OCCUPANCY(SEP 1999)
The Government shall have the right to elect to occupy the space in partial increments prior to the substantial
completion of the entire leased premises„ and the Lessor agrees to schedule its work so as to deliver the space
incrementally as elected by the Government. The Government shall pay rent commencing with the first business
day following substantial completion of the entire leased premise unless the Government has elected to occupy
the leased premises incrementally, In case of incremental occupancy„ the Government shall pay rent pro rata
upon the first business day following substantial completion of each Incremental unit. Rental payments shall
become due on the first workday of the month following the month in which an increment of space Is substantially
complete, except that should an increment of space be substantially completed after the fifteenth day of the
month, the payment due date will be the first workday of the second month following the month in which It was
substantially complete. The commencement date of the Firm lease term will be a composite determined from all
rent commencement dates,
12. MAINTENANCE OF THE PROPERTY,RIGHT TO INSPECT(APR 2015)
The Lessor shall maintain the Property, including the building, building systems,and all equipment,fixtures,and
appurtenances furnished by the Lessor under this Lease,in good repair and tenantable condition so that they are
suitable in appearance and capable of supplying such heat, air conditioning,; light, ventilation, safety systems,
access and other things to the premises,without reasonably preventable or recurring disruption,as is required for
the GovemmenVs access to, occupancy, possession, use and enjoyment of the premises as provided in this
lease For the purpose of so maintaining the premises, the Lessor may at reasonable times enter the premises
with the approval of the authorized Government representative in charge. Upon request of the Lease Contracting
Officer (LCO), the Lessor shall provide written documentation that building systems have been properly
maintained, tested, and are operational within manufacturers warranted operating standards. The Lessor shall
maintain the Premises in a safe and healthful condition according to applicable OSHA standards and all other
requirements of this Lease, including standards governing indoor air quality, existence of mold and other
biological hazards,presence of hazardous materials„etc. The Government shall have the right,at any time after
the Lease Award Date and during the term of the Lease, to inspect all areas of the Property to which access is
necessary for the purpose of determining the Lessor's compliance with this clause.
13. FIRE AND CASUALTY DAMAGE(MAR 2013)
If the building in which the Premises are located is totally destroyed or damaged by fire or other casualty, this
Lease shall immediately terminate. If the building in which the Premises are located are only partially destroyed
or damaged,so as to render the Premises untenantable,or not usable for their intended purpose,the Lessor shall
have the option to elect to repair and restore the Premises or terminate the Lease. The Lessor shall be permitted
a reasonable amount of time, not to exceed 270 days from the event of destruction or damage, to repair or
restore the Premises,provided that the Lessor submits to the Government a reasonable schedule for repair of the
Premises within 60 days of the event of destruction or damage. If the Lessor fails to timely submit a reasonable
schedule for completing the work,the Government may elect to terminate the Lease effective as of the date of the
event of destruction or damage, If the Lessor elects to repair or restore the Premises,but fails to repair or restore
the Premises within 270 days from the event of destruction or damage,or fails to diligently pursue such repairs or
restoration so as to render timely completion commercially impracticable, the Government may terminate the
Lease effective as of the date of the destruction or damage. During the time that the Premises are unoccupied,,
rent shall be abated. Termination of the Lease by either party under this clause shall not give rise to liability for
either party.
This clause shall not apply if the event of destruction or damage is caused by the Lessor's negligence or willful
misconduct.
14. COMPLIANCE WITH APPLICABLE LAW(JAN 2011)
Lessor shall comply with all Federal,state and local laws applicable to its ownership and leasing of the Property,
including,without limitation,laws applicable to the construction,ownership,alteration or operation of all buildings,
structures, and facilities located thereon, and obtain all necessary permits, licenses and similar items at its own
expense.The Government will comply with all Federal,State and local laws applicable to and enforceable against
INITIALS &
LESSOR GOVERNMENT 52 GSA FORM 35178 PAGE 6(REV 04115)
Page 69 of 235
GSA Lease
AGENDA IT . .
Exhibit B
it as a tenant under this lease,provided that nothing in this Lease shad be construed as a waiver of the sovereign
immunity of the Government.This Lease shat¢be governed by Federal.law.
15. 552.270-12 ALTERATIONS(SEP 1999)
The Government shall have the right during the existence of this lease to make alterations, attach fixtures, and
erect structures or signs in or upon the premises hereby leased,which fixtures,additions or structures so placed
in, on, upon,or attached to the said premises shall be and remain the property of the Government and may be
removed or otherwise disposed of by the Government,If the lease contemplates that the Government is the sole
occupant of the building,for purposes of this clause„the leased premises include the land on which the building is
sited and the building itself. Otherwise, the Government shall have the right to tie into or make any physical
connection with any structure located on the property as is reasonably necessary for appropriate utilization of the
leased space.
16. ACCEPTANCE OF SPACE AND CERTIFICATE OF OCCUPANCY(APR 2015)
(a) Ten(10)working days prior to the completion of the Space,the Lessor shall issue written notice
to the Government to schedule the Inspection of the Space for acceptance. The Government shall accept the
Space only if the construction of building shell and Tis conforming to this Lease and the approved DIDs is
substantially complete,and a Certificate of Occupancy has been issued as set forth below.
(b) The Space shall be considered substantially complete only if the Space may be used for its
intended purpose and completion of remaining work will not unreasonably interfere with the Governments
enjoyment of the Space. Acceptance shall be final and binding upon the Government with respect to
conformance of the completed Tls to the approved DIDs. with the exception of items identified on a punchlist
generated as a result of the inspection, concealed conditions, latent defects, or fraud, but shall not relieve the
Lessor of any other Lease requirements
(c) The Lessor shall provide a valid Certificate of Occupancy,issued by the local jurisdiction,for the
intended use of the Government. If the local jurisdiction does not issue Certificates of Occupancy or if the
Certificate of Occupancy is not available,the Lessor may satisfy this condition by providing a report prepared by a
licensed fire protection engineer that indicates that the Space and Building are compliant with all applicable local
codes and ordinances and all fire protection and life safety-related requirements of this Lease to ensure an
acceptable level of safety is provided, Under such circumstances, the Government shall only accept the Space
without a Certificate of Occupancy if a licensed fire protection engineer determines that the offered space is
compliant with all applicable local codes and ordinances and fire protection and life safety-related requirements of
this Lease.
17. 52.204-7 SYSTEM FOR AWARD MANAGEMENT(JUL 2013)
(a) Definitions.As used in this provision-
-Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and
Bradstreet, Inc (D&B)to Identify unique business entities,
-Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B
plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character
suffix.)This 4-character suffix may be assigned at the discretion of the business concern to establish additional
System for Award Management records for identifying alternative Electronic Funds Transfer(EFT)accounts(see
the FAR at Subpart 32.11)for the same concern.
-Registered in the System for Award Management(SAM)database"means that—
INITIALS &
LESSOR GOVERNMENT 53 GSA FORM 35178 PAGE 7(REV 04115)
Page 717 of 235
GSA Lease
AGENDA ITEM #2.a.
Exhibit B
(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4
number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding
Accountability and Transparency Act of 2006(see Subpart 4,14)into the SAM database;
(2) The offeror has completed the Core. Assertions. and Representations and Certifications, and
Points of Contact sections of the registration in the SAM database„
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer
Identification Number (TIN) with the Internal Revenue Service (IRS) The offeror will be required to provide
consent for TIN validation to the Government as a part of the SAM registration process,and
(4) The Government has marked the record-Active',
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee
shall be registered in the SAM database prior to award, during performance, and through final payment of any
contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this
solicitation.
(2) The offeror shall enter, In the block with its name and address an the cover page of its offer, the
annotation-13LINS"or-DUNS +4"followed by the DUNS or DUNS +4 number that identifies the offerors name
and address exactly as stated In the offer.The DUNS number will be used by the Contracting Officer to verify that
the offeror is registered in the SAM database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to
obtain one.
(1) An offeror may obtain a DUNS number—
(i)Via the Internet at httpJ/fedgov.dnb.comhvebform or if the offeror does not have Internet access, it may
call Dun and Bradstreet at 1-866-705-5711 if located within the United States,or
(ii)If located outside the United States,by contacting the local Dun and Bradstreet office.The offeror should
indicate that it is an offeror for a U.S.Government contract when contacting the local Dun and Bradstreet office
(2) The offeror should be prepared to provide the following information:
(I) Company legal business.
(ii) Tradestyle,doing business,or other name by which your entity is commonly recognized.
(M) Company Physical Street Address,City,State,and ZIP Code,
(iv) Company Mailing Address,City, State and ZIP Code(if separate from physical).
(V) Company Telephone Number,
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business(industry).
(x) Company Headquarters name and address(reporting relationship within your entity).
INITIALS 9
LESSOR GOVERNMENT 54 GSA FORM 35178 PAGE 5(REV 04115)
Page 71 of 235
GSA Lease
AGENDA ITEM #2.a.
Exhibit B
(d) If the Offeror does not become registered in the SAM database in the time prescribed by the
Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered
Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when
registering. Offerors who are not registered should consider applying for registration immediately upon receipt of
this solicitation.
(f) Offerors may obtain information on registration at https:1twww.aqgu!gitian.gov.
18. 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE(JUL 2013)
(a)Definitions.As used in this clause-
-Data Universal Numbering System(DUNS)number"means the 9-digit number assigned by Dun and
Bradstreet,Inc.(D&B)to identify unique business entities,which is used as the identification number for Federal
contractors.
-Data Universal Numbering System+4(DUNS+4)number'means the DUNS number assigned by D&B plus a
4-character suffix that may be assigned by a business concern.(D&B has no affiliation with this 4-character
suffix.)This 4-character suffix may be assigned at the discretion of the business concern to establish additional
SAM records for identifying alternative Electronic Funds Transfer(EFT)accounts(see the FAR at subpart 11
j
for the same concern.
-Registered in the System for Award Management(SAM)database"means that—
(1)
hat—
(1)The Contractor has entered all mandatory information,including the DUNS number or the DUNS+4
number,the Contractor and Government Entity(CAGE)code,as well as data required by the Federal Funding
Accountability and Transparency Act of 2006(see Subpart 4.14),into the SAM database,
(2)The Contractor has completed the Core,Assertions,Representations and Certifications,and Points of
Contact sections of the registration in the SAM database;
(3)The Government has validated all mandatory data fields,to include validation of the Taxpayer
Identification Number(TIN)with the Internal Revenue Service(IRS).The Contractor will be required to provide
consent for TIN validation to the Government as a part of the SAM registration process,and
(4)The Government has marked the record-Active*.
-6ystem for Award Management(SAM)"means the primary Government repository for prospective Federal
awardee and Federal awardee Information and the centralized Government system for certain contracting,grants,
and other assistance-related processes.It includes—
(1)Data collected from prospective Federal awardees required for the conduct of business with the
Government;
(2)Prospective contractor-submitted annual representations and certifications in accordance with FAR
Subpart 4.14 and
INITIALS: &
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Page 72 of 235
GSA Lease
AGENDA ITEM #2.a.
Exhibit B
(3)Identification of those parties excluded from receiving Federal contracts,certain subcontracts, and
certain types of Federal,financial and non-financial assistance and benefits,
(b)The Contractor Is responsible for the accuracy and completeness of the data within the SAM database,and
for any liability resul4ng from the Government's reliance on inaccurate or incomplete data.To remain registered in
the SAM database after the initial registration,the Contractor is required to review and update on an annual basis,
from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is
current,accurate and complete.Updating information in the SAM does not alter the terms and conditions of this
contract and is not a substitute for a properly executed contractual document
(c)(1)(1)If a Contractor has legally changed its business name, doing business as name,or division name
(whichever Is shown on the contract),or has transferred the assets used In performing the contract,but has not
completed the necessary requirements regarding novation and change-of-name agreements in subpart 42 12,the
Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification
of its intention to—
(A)Change the name in the SAM database;
(B)Comply with the requirements of subpart 4_Z.,L2 of the FAR,and
(C)Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.
The Contractor shall provide with the notification sufficient documentation to support the legally changed name.
(H)If the Contractor fails to comply with the requirements of paragraph(c)(1)(i)of this clause,or fails to
perform the agreement at paragraph(c)(1)(i)(C)of this clause,and,in the absence of a properly executed
novation or change-of-name agreement,the SAM information that shows the Contractor to be other than the
Contractor indicated in the contract will be considered to be Incorrect information within the meaning of the
-Suspension of Payment'paragraph of the electronic funds transfer(EFT)clause of this contract.
(2)The Contractor shall not change the name or address for EFT payments or manual payments,as
appropriate,in the SAM record to reflect an assignee for the purpose of assignment of claims(see FAR subpart
328,Assignment of Claims).Assignees shall be separately registered in the SAM.Information provided to the
Contractor's SAM record that indicates payments,including those made by EFT,to an ultimate recipient other
than that Contractor will be considered to be incorrect information within the meaning of the-Suspension of
Payment"paragraph of the EFT clause of this contract.
(3)The Contractor shall ensure that the DUNS number is maintained with Dun&Bradstreet throughout the
life of the contract.The Contractor shall communicate any change to the DUNS number to the Contracting Officer
within 30 days after the change,so an appropriate modification can be issued to update the data on the contract.
A change in the DUNS number does not necessarily require a novation be accomplished. Dun&Bradstreet may
be contacted
(I)Via the internet at http://fedgay.dnb,com/webform or if the contractor does not have internet access,it
may call Dun and Bradstreet at 1-866-705-5711 if located within the United States;or
(H)If located outside the United States,by contacting the local Dun and Bradstreet office
(d)Contractors may obtain additional information an registration and annual confirmation requirements at
hftps.1/www.agguisition.gov.
19. 552.270-31 PROMPT PAYMENT(JUN 2011)
INITIALS &
LESSOR GOVERNMENT 56 GSA FORM 3517D PAGE 10(REV 04/15)
Page 73 of 235
GSA Lease
AGENDA ITEM #2.a.
Exhibit B
The Government will make payments under the terms and conditions specified in this clause. Payment shall be
considered as being made on the day a check is dated or an electronic funds transfer is made.All days referred
to in this clause are calendar days,unless otherwise specified.
(a) Payment due date--
(1) Rental payments. Rent shall be paid monthly in arrears and will be due on the first workday
of each month,and only as provided for by the lease.
(I)When the date for commencement of rent falls on the 15th day of the month or
earlier,the initial monthly rental payment under this contract shall become due on the first workday of the month
following the month in which the commencement of the rent is effective.
(I!)When the date for commencement of rent falls after the 15th day of the month,the
initial monthly rental payment under this contract shall become due on the first workday of the second month
following the month in which the commencement of the rent is effective
(2) Other payments.The due date for making payments other than rent shall be the later of the
following two events:
(I)The 30th day after the designated billing office has received a proper invoice from the
Contractor.
(ii)The 30th day after Government acceptance of the work or service.However,if the
designated billing office fails to annotate the invoice with the actual date of receipt,the invoice payment due date
shall be deemed to be the 30th day after the Contractors invoice Is dated,provided a proper invoice is received
and there is no disagreement over quantity,quality,or Contractor compliance with contract requirements.
(b) Invoice and inspection requirements for payments other than rent,,
(1) The Contractor shall prepare and submit an invoice to the designated billing office after
completion of the work.A proper invoice shall include the following items,
(i) Name and address of the Contractor.
(I!) Invoice date.
(III) Lease number.
(iv) Government's order number or other authorization
(v) Description, price,and quantity of work or services delivered
(vi) Name and address of Contractor official to whom payment is to be sent(must be the
same as that in the remittance address In the lease or the order).
(vii) Name(where practicable),,title,phone number,and mailing address of person to be
notified in the event of a defective invoice.
(2) The Government will inspect and determine the acceptability of the work performed or
services delivered within seven days after the receipt of a proper Invoice or notification of completion of the work
or services unless a different period is specified at the time the order is placed.If actual acceptance occurs later,
for the purpose of determining the payment due date and calculation of interest,acceptance will be deemed to
occur on the last day of the seven day inspection period.If the work or service is rejected for failure to conform to
the technical requirements of the contract,the seven days will be counted beginning with receipt of a new invoice
or notification-In either case,,the Contractor is not entitled to any payment or interest unless actual acceptance by
the Government occurs,
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LESSOR G(WERNMENT 57 GSA FORM 35178 PAGE 11(REV 04115)
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AGENDA ITEM#2.a.
Exhibit B
(c) Interest Penalty.
(1) An interest penalty shall be paid automatically by the Government,without request from the
Contractor,if payment is not made by the due date.
(2) The interest penalty shall be at the rate established by the Secretary of the Treasury under
Section 12 of the Contract Disputes Act of 1976(41 U.S.0 611)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 I and July 1.The interest penalty shall accrue daily on the payment amount
approved by the Government and be compounded in 30-day increments inclusive from the first day after the due
date through the payment date.
(3) Interest penalties will not continue to accrue after the filing of a claim for such penalties
under the clause at 52.233-1, Disputes,or for more than one year.Interest penalties of less than$1.00 need not
be paid
(4) Interest penalties are not required on payment delays due to disagreement between the
Government and Contractor over the payment amount or other issues involving contract compliance or on
amounts temporarily withheld or retained in accordance with the terms of the contract.Claims involving disputes,
and any interest that may be payable,will be resolved in accordance with the clause at 52.233-1,Disputes.
(d) Overpayments, If the Lessor becomes aware of a duplicate payment or that the Government has
otherwise overpaid on a payment,the Contractor shall—
(1) Return the overpayment amount to the payment office cited in the contract along with a
description of the overpayment including the—
(!)Circumstances of the overpayment(e g_duplicate payment,erroneous payment,
liquidation errors,date(s)of overpayment)'"'
(ii)Affected lease number,(iii)Affected lease line item or sub-line item,if applicable,and
(Iii)Lessor point of contact.
(2) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
20. 652.232-23 ASSIGNMENT OFC I S(SEP 1999)
(Applicable to leases over$3,000.)
In order to prevent confusion and delay in making payment,the Contractor shall not assign any claim(s)for
amounts due or to become due under this contract.However,the Contractor is permitted to assign separately to a
bank,trust company,or other financial institution,including any Federal lending agency,under the provisions of
the Assignment of Claims Act,as amended,31 U.S.C.3727,41 U.S.C. 15(hereinafter referred to as-the Acn,all
amounts due or to become due under any order amounting to$1,000 or more issued by any Government agency
under this contract.Any such assignment takes effect only if and when the assignee files written notice of the
assignment together with a true copy of the instrument of assignment with the contracting officer issuing the order
and the finance office designated in the order to make payment. Unless otherwise stated in the order,payments
to an assignee of any amounts due or to become due under any order assigned may,to the extent specified in
the Act,be subject to reduction or set-off.
21. 662.270-20 PAYMENT(MAY 2011)
(a) When space is offered and accepted, the amount of American National Standards
Institute/Building Owners and Managers Association Office Area (ABOA) square footage delivered will be
confirmed by:
INITIALS, &
LESSOR GOVERNMENT 58 GSA FORM 3517B PAGE 12(REV 04/15)
Page 75 of 235
GSA Lease
AGENDA ITEM#2.a.
Exhibit B
(1) The GovemmenVs measurement of plans submitted by the successful Offeror as approved
by the Government,and an inspection of the space to verify that the delivered space is in conformance with such
plans or
(2) A mutual on-site measurement of the space, if the Contracting Officer determines that it is
necessary.
(b) Payment will not be made for space which is in excess of the amount of ABOA square footage
stated in the lease.
(c) If it is determined that the amount of ABOA square footage actually delivered is less than the
amount agreed to in the lease,the lease will be modified to reflect the amount of ABOA space delivered and the
annual rental will be adjusted as follows
ABOA square feet not delivered multiplied by one plus the common area factor(CAF), multiplied
by the rate per rentable square foot(RSF) That is: (1+CAF)x Rate per RSF=Reduction in Annual Rent
22. 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD
MANAGEMENT(JUL 20131
(a) Method of payment.
(1) All payments by the Government under this contract shall be made by electronic funds transfer
(EFT),except as provided in paragraph(a)(2)of this clause As used in this clause,the term-EFT"refers to the
funds transfer and may also include the payment information transfer.
(2) In the event the Government is unable to release one or more payments by EFT,the Contractor
agrees to either—
(I) Accept payment by check or some other mutually agreeable method of payment;or
(ii) Request the Government to extend the payment due date until such time as the
Government can make payment by EFT(but see paragraph(d)of this clause)
(b) Contractor's EFT information.The Government shall make payment to the Contractor using the EFT
information contained in the System for Award Management(SAM)database.In the event that the EFT
information changes,the Contractor shall be responsible for providing the updated information to the SAM
database.
(c) Mechanisms for EFT payment.The Government may make payment by EFT through either the Automated
Clearing House(ACH)network,subject to the rules of the National Automated Clearing House Association,or the
Fedwire Transfer System.The rules governing Federal payments through the ACH are contained in 31 CFR
Part 210.
(d) Suspension of payment.If the Contractor's EFT information in the SAM database Is incorrect,then the
Government need not make payment to the Contractor under this contract until correct EFT information is entered
into the SAM database;and any Invoice or contract financing request shall be deemed not to be a proper invoice
for the purpose of prompt payment under this contract.The prompt payment terms of the contract regarding
notice of an improper invoice and delays in accrual of Interest penalties apply.
(a) Liability for uncompleted or erroneous transfers.
(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractors
EFT information incorrectly,the Government remains responsible for—
(i)Making a correct payment;
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(11)Paying any prompt payment penalty due,and
(iii)Recovering any erroneously directed funds,
(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was
incorrect,or was revised within 30 days of Government release of the EFT payment transaction instruction to the
Federal Reserve System,and—
(I)If the funds are no longer under the control of the payment office,the Government is deemed
to have made payment and the Contractor is responsible for recovery of any erroneously directed funds,
or
(ii)If the funds remain under the control of the payment office,the Government shall not make
payment,and the provisions of paragraph(d)of this clause shall apply,
(Q EFT and prompt payment A payment shall be deemed to have been made in a timely manner in
accordance with the prompt payment terms of this contract if,in the EFT payment transaction instruction released
to the Federal Reserve System,the date specified for settlement of the payment is an or before the prompt
payment due date,provided the specified payment date is a valid date under the rules of the Federal Reserve
System.
(g) EFT and assignment of claims If the Contractor assigns the proceeds of this contract as provided
for in the assignment of claims terms of this contract,the Contractor shall require as a condition of any such
assignment,that the assignee shall register separately in the SAM database and shall be paid by EFT in
accordance with the terms of this clause, Notwithstanding any other requirement of this contract,payment to an
ultimate recipient other than the Contractor,or a financial Institution properly recognized under an assignment of
claims pursuant to Subpart 32 8,is not permitted.In all respects,the requirements of this clause shall apply to the
assignee as if it were the Contractor.EFT information that shows the ultimate recipient of the transfer to be other
than the Contractor,in the absence of a proper assignment of claims acceptable to the Govemment,is incorrect
EFT information within the meaning of paragraph(d)of this clause
(h) Liability for change of EFT information by financlat agent,The Government is not liable for errors
resulting from changes to EFT information made by the Contractors financial agent
W Payment information,The payment or disbursing office shall forward to the Contractor available payment
information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve
System.The Government may request the Contractor to designate a desired format and method(s)for delivery of
payment information from a list of formats and methods the payment office is capable of executing.However,the
Government does not guarantee that any particular format or method of delivery is available at any particular
payment office and retains the latitude to use the format and delivery method most convenient to the Government
If the Government makes payment by check in accordance with paragraph(a)of this clause,the Government
shall mail the payment information to the remittance address contained in the SAM database
23. 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT(APR 2010)
(Applicable to leases over$5 million and performance period is 120 days or more.)
(a) Definitions.As used in this clause-
-Agent"means any individual,including a director,an officer,an employee,or an independent Contractor,
authorized to act on behalf of the organization,
-Full cooperation"—
(1) Means disclosure to the Government of the information sufficient for law enforcement to
identify the nature and extent of the offense and the individuals responsible for the conduct. It includes
providing timely and complete response to Government auditors' and investigators' request for
documents and access to employees with information;
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(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the
contract.It does not require—
(i) A Contractor to waive its attomey-client privilege or the protections afforded by the
attomey work product doctrine;or
(!I) Any officer, director, owner, or employee of the Contractor, including a sole
proprietor,to waive his or her attomey client privilege or Fifth Amendment rights,and
(3) Does not restrict a Contractor from—
(!)Conducting an intemal investigation;or
(d)Defending a proceeding or dispute arising under the contract or related to a potential
or disclosed violation.
42rincipal" means an officer, director, owner, partner, or a person having primary management or
supervisory responsibilities within a business entity(e.g.,general manager;plant manager, head of a division or
business segment;and similar positions).
-Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for
performance of a prime contract or a subcontract.
-Subcontractor' means any supplier, distributor, vendor, or firm that furnished supplies or services to or
for a prime contractor or another subcontractor.
JJnited States,'means the 50 States,the District of Columbia,and outlying areas.
(b) Code of business ethics and conduct
(1) Within 30 days after contract award, unless the Contracting Officer establishes a longer
time period,the Contractor shall—
(i) Have a written code of business ethics and conduct,and
(h) Make a copy of the code available to each employee engaged in performance of the
contract.
(2) The Contractor shall—
(i) Exercise due diligence to prevent and detect criminal conduct;and
(ii) Otherwise promote an organizational culture that encourages ethical conduct and a
commitment to compliance with the law.
(3) (i) The Contractor shall timely disclose,in writing,to the agency Office of the Inspector
General(OIG),with a copy to the Contracting Officer,whenever, in connection with the award, performance, or
closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal,
employee,agent,or subcontractor of the Contractor has committed—
(A) A violation of Federal criminal law involving fraud,conflict of interest,bribery,
or gratuity violations found in Title 18 of the United States Code;or
(B) A violation of the civil False Claims Act(31 U S C,3729-37331.
(ii) The Govemment, to the extent permitted by law and regulation,will safeguard and
treat information obtained pursuant to the Contractais disclosure as confidential where the information has been
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marked -confidential" or -proprietary' by the company. To the extent permitted by law and regulation, such
information will not be released by the Government to the public pursuant to a Freedom of Information Act
request, 5 U.S.C. Section 5_52 without prior notification to the Contractor. The Government may transfer
documents provided by the Contractor to any department or agency within the Executive Branch if the information
relates to matters within the organization"s jurisdiction
(iii) If the violation relates to an order against a Governmentwide acquisition contract, a
multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other
procurement instrument intended for use by multiple agencies,the Contractor shall notify the OIG of the ordering
agency and the IG of the agency responsible for the basic contract,
(c) Business ethics awareness and compliance program and internal control system. This paragraph
(c)does not apply if the Contractor has represented itself as a small business concern pursuant to the award of
this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101.The Contractor
shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a
longer time period
(1) An ongoing business ethics awareness and compliance program
(i) This program shall include reasonable steps to communicate periodically and in a practical
manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics
awareness and compliance program and internal control system, by conducting effective training programs and
otherwise disseminating information appropriate to an individual's respective roles and responsibilities.
(11) The training conducted under this program shall be provided to the Contractor's principals
and employees,and as appropriate,the Contractors agents and subcontractors,
(2) An internal control system
(i) The Contractors internal control system shall—
(A) Establish standards and procedures to facilitate limety discovery of improper
conduct in connection with Government contracts;and
(B) Ensure corrective measures are promptly instituted and carried out.
(ii) At a minimum,the Contractor's internal control system shall provide for the following�
(A) Assignment of responsibility at a sufficiently high level and adequate resources to
ensure effectiveness of the business ethics awareness and compliance program and internal control system.
(B) Reasonable efforts not to include an individual as a principal, whom due diligence
would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics
and conduct.
(C) Periodic reviews of company business practices, procedures. policies, and Internal
controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of
Government contracting,including—
• Monitoring and auditing to detect criminal conduct,
• Periodic evaluation of the effectiveness of the business ethics awareness and
compliance program and internal control system,especially if criminal conduct has been detectedand
a Periodic assessment of the risk of criminal conduct,with appropriate steps to
design, implement, or modify the business ethics awareness and compliance program and the internal;control
system as necessary to reduce the risk of criminal conduct identified through this process,
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(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or
confidentiality, by which employees may report suspected instances of improper conduct, and
instructions that encourage employees to make such reports,
(E) Disciplinary action for improper conduct or for fading to take reasonable steps to
prevent or detect improper conduct,
(F) Timely disclosure, In writing, to the agency OIG, with a copy to the Contracting
Officer,whenever,in connection with the award,performance, or closeout of any Government contract
performed by the Contractor or a subcontract thereunder,the Contractor has credible evidence that a
principal, employee, agent,, or subcontractor of the Contractor has committed a violation of Federal
criminal law involving fraud,conflict of interest,bribery, or gratuity violations found in Title 18 U.S.C.or
a violation of the civil False Claims Act(31 U.S.C,3729-3733)
• If a violation relates to more than one Government contract, the Contractor
may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value
contract impacted by the violation.
• If the violation relates to an order against a Governmentwide acquisition
contract, a multi-agency contract a multiple-award schedule contract such as the Federal Supply Schedule, or
any other procurement instrument intended for use by multiple agencies,the contractor shall notify the OIG of the
ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies'
contracting officers.
e The disclosure requirement for an individual contract continues until at least
3 years after final payment on the contract.
. The Government will safeguard such disclosures in accordance with
paragraph(b)(3)(ii)of this clause,
(G) Full cooperation with any Government agencies responsible for audits,
investigations,or corrective actions.
(d) Subcontracts
(1) The Contractor shall include the substance of this clause, including this paragraph (d), in
subcontracts that have a value in excess of$5,000,000 and a performance period of more than 120 days.
(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the
civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector
General,with a copy to the Contracting Officer.
24. 552.270-32 COVENANT AGAINST CONTINGENT FEES(JUN 2011)
(Applicable to leases over$150000 average net annual rental including option periods
(a) The Contractor warrants that no person or agency has been employed or retained to solicit or
obtain this contract upon an agreement or understanding for a contingent fee,except a bons 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 discretion,to deduct from the contract 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 commercial or selling agency
(including licensed real estate agents or brokers),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 holds itself out as being able to obtain any Government contract or contracts through improper influence.
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(1) Bona fide employee,as used in this clause,means a person,employed by a Contractor and
subject to the Contractors 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.
(2) 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.
f3) 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 matter.
25. 52.203-7 ANTI-KICKBACK PROCEDURES(MAY 2014)
(Applicable to leases over$150.000 average net annual rental including option periods
(a) Definitions.
4Qckback,"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 contractor 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 a
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
fumish 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) 41 U.S.C.chapter 87,Kickbacks,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.
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(c) (1) 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 Attorney General.
(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(i)offset the amount of the kickback against any monies owed by the
United States under the prime contract and/or(4)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(c)(4)(il)of this clause be paad over to the Government unless the Government
has already offset those monies under subdivision(c)(4)(i) 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 paragraph(c)(5)but
excepting paragraph(c)(11),in all subcontracts under this contract which exceed$150,000.
26. 52.223-6 DRUG-FREE WORKPLACE(MAY 2001)
(Applicable to leases over$150,000 average net annual rental including option periods,as
well as to leases of any value awarded to an individual.)
(a) Definitions 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.
"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 statutes.
"Criminal drug statute"means a Federal or non-Federal criminal statute involving the manufacture,
distribution,dispensing,possession,or use of any controlled substance.
"Drug-free workplace" means the site(s) for the performance of work done by the Contractor in
connection with a specific contract where employees of the Contractor are prohibited from engaging in the
unlawful manufacture,distribution,dispensing,possession,or use of a controlled substance
"Employee"means an employee of a Contractor directly engaged in the performance of work under
a Government contract. "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,
"Individual" means an Offeror/Contractor that has no more than one employee including the
OfferodContractor.
(b) The Contractor,it other than an individual,shall—within 30 days after award(unless a longer period
is agreed to in writing for contracts of 30 days or more performance duration),or as soon as possible for contracts
of less than 30 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;
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(2) Establish an ongoing drug-free awareness program to Inform such employees about—
(I)The dangers of drug abuse in the workplace-,
(ii)The Contractors policy of maintaining a 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 the contract with a copy of the
statement required by paragraph(b)(1)of this clauseo
(4) Notify such employees in writing in the statement required by paragraph (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 5 days after such conviction,
(5) Notify the Contracting Officer In writing within 10 days after receiving notice under
subdivision(b)(4)(ii)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 30 days after receiving notice under subdivision (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)Taking appropriate personnel action against such employee, up to and including
termination;or
(!!)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
paragraphs(b)(1)through(b)(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 while performing this contract.
(d) In addition to other remedies available to the Government, the Contractors failure to comply
with the requirements of paragraph(b)or(c)of this clause may,pursuant to FAR 23.506,render the Contractor
subject to suspension of contract payments,termination of the contract or default,and suspension or debarment
27. 52.203-14 DISPLAY OF HOTLINE POSTER(S)(DEC 2007)
(Applicable to leases over$5 Million and performance period is 120 days or more.)
(a) Definition.
-United States,"as used in this clause,means the 50 States,the District of Columbia,,and outlying areas
(b) Display of fraud hotline poster(s).Except as provided in paragraph(c)—
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(1) During contract performance in the United States, the Contractor shall prominently display in
common work areas within business segments performing work under this contract and at contract work sites—
(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline
poster identified in paragraph(b)(3)of this clause;and
(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.
(2) Additionally,if the Contractor maintains a company website as a method of providing information to
employees,the Contractor shall display an electronic version of the poster(s)at the website,
(3) Any required posters maybe obtained as follows-
Poster(s) Obtain from
(Contracting Officer shall insert—
(I) Appropriate agency name(s) and/or title of applicable Department of Homeland Security
fraud hotline poster);and
(1) The website(s)or other contact information for obtaining the poster(s).)
(c) If the Contractor has implemented a business ethics and conduct awareness program,including a
reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline
posters as required in paragraph(b)of this clause,other than any required DHS posters.
(d) Subcontracts, The Contractor shall include the substance of this clause, including this paragraph
(d),in all subcontracts that exceed$5,000,000,except when the subcontract—
(1) Is for the acquisition of a commercial item,or
(2) Is performed entirely outside the United States,
28. 552.270-30 PRICE ADJUSTMENT FOR ILLEGAL ORI PROPER ACTIVITY(JUN 2011)
(Applicable to leases over$150,000 average net annual rental including option periods.)
(a) It 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 percent of the amount of the rental
for each month of the remaining term of the lease, including any option periods, and recover five
percent of the rental already paid,
(2) Reduce payments for alterations not included in monthly rental payments by five
percent of the amount of the alterations agreement;or
(3) Reduce the payments for violations by a Lessor'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
Lessor a written notice of the action being considered and the basis thereof. The Lessor shall have a period
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determined by the agency head or designee, but not less than 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
29. 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA(AUG 2011)
(Applicable when cost or pricing data are required for work or services over$700,000.)
(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 certified 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 certified cost or
pricing data that were not complete, accurate, and current as certified in the Contractors Certificate of Current
Cost or Pricing Data,or
(3) Any of these parties furnished data of any 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) of this clause 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 certified cost or
pricing data.
(c) (1) If the Contracting Officer determines under paragraph(a)of this clause that a price of
cost reduction should be made,the Contractor agrees not to raise the following matters as a defense:
(i)The Contractor or subcontractor was a sole 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 certified cost or pricing data had been submitted,
(it)The Contracting Officer should have known that the certified 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.
(W) 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.
(iv) The Contractor or subcontractor did not submit a Certificate of Current Cost or
Pricing Data
(2) (i) Except as prohibited by subdivision(c)(2)(ii)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
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(B) The Contractor proves that the certified cost or pricing data were available
before the as of date specified on its Certificate of Current Cost or Pricing Data, and that the data were not
submitted before such date,
(ii)An offset shall not be allowed if—
(A) The understated data were known by the Contractor to be understated
before the as or date specified an its Certificate of Current Cost or Pricing Data,or
(8) 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 as
or date specified on Its Certificate of Current Cost or Pricing Data
(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) Interest compounded daily, as required by 26 U.S.C.6622, on the amount of such
overpayment to be computed from the date(s)of overpayment to the Contractor to the date the Government is
repaid by the Contractor at the applicable underpayment rate effective for each quarter prescribed by the
Secretary of the Treasury under 26 U.S.C.6621(a)(2);and
(2) A penalty equal to the amount of the overpayment, if the Contractor or subcontractor
knowingly submitted certified cost or pricing data that were incomplete,Inaccurate,or noncurrent.
30. 552.270-13 PROPOSALS FOR ADJUSTMENT(SEP 1999)
(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 Changes clause.
(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$100,000.The proposal, including all subcontractor work,will contain at least
the following detall--
(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) Worker's compensation and public liability insurance;
(5) Overhead;
(6) Profit;and
(7) Employment taxes under FICA and FUTA.
(c) The following Federal Acquisition Regulation (FAR) provisions also apply to all proposals
exceeding$500,000 in cost—
(1) The Lessor shall provide cost or pricing data including subcontractor cost or pricing
data(48 CFR 15.4034)and
(2) The Lessors representative, all Contractors, and subcontractors whose portion of the
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work exceeds$500,000 must sign and return the"Certificate of Current Cost or Pricing Data"(48 CFR 15.406-2)
(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
31. CHANGES(MAR 2013)
(a) The LCO may at any time,by written order,direct changes to the Tenant Improvements within the
Space,Building Security Requirements,or the services required under the Lease.
(b) If any such change causes an increase or decrease in Lessors costs or time required for
performance of its obligations under this Lease,whether or not changed by the order,the Lessor shall be entitled
to an amendment to the Lease providing for one or more of the following,
(1) An adjustment of the delivery date;
(2) An equitable adjustment in the rental rate;
(3) A lump sum equitable adjustment;or
(4) A change to the operating cost base,if applicable.
(c) The Lessor shall assert its right to an amendment under this clause within 30 days from the date
of receipt of the change order and shall submit a proposal for adjustment, Failure to agree to any adjustment
shall be a dispute under the Disputes clause. However,the pendency of an adjustment or existence of a dispute
shall not excuse the Lessor from proceeding with the change as directed,
(d) Absent a written change order from the LCO, or from a Government official to whom the LCO
has explicitly and in writing delegated the authority to direct changes,the Government shall not be liable to Lessor
under this clause.
32, 552.215-70 EXAMINATION OF RECORDS BY GSA(FEB 1996)
The Contractor agrees that the Administrator of General Services or any duly authorized representative shall,until
the expiration of 3 years after final payment under this contract, or of the time periods for the particular records
specified in Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 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 its subcontracts hereunder a provision to the effect that the subcontractor agrees that the
Administrator of General Services or any 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 Subpart 4.7 of
the Federal Acquisition Regulation (48 CFR 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$100,000 and(b)subcontracts or purchase orders for public utility services at
rates established for uniform applicability to the general public
33. 52.215-2 AUDIT AND RECORDS—NEGOTIATION(OCT 2010)
(Applicable to leases over$150.000 average net annual rental including option periods.)
(a) As used in this clause,--Fecords"includes books,documents,accounting procedures and practices,,
and other data, regardless of type and regardless of whether such items are in written form, in the form of
computer data,or in any other form.
(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour,or
price re-determinable contract, or any combination of these, the Contractor shall maintain and the Contracting
Officer, or an authorized representative of the Contracting Officer. shall have the right to examine and audit all
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records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to
be incurred directly or indirectly in performance of this contract.This right of examination shall include inspection
at all reasonable times of the Contractor's plants,or parts of them,engaged in performing the contract.
(c) Certified cost or pricing data.It the Contractor has been required to submit certified cost or pricing
data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized
representative of the Contracting Officer, In order to evaluate the accuracy, completeness, and currency of the
certified cost or pricing data, shall have the right to examine and audit all of the Contractor's records, including
computations and projections.related to
(1) The proposal'for the contract,subcontract,or modification;
(2) The discussions conducted an the proposal(s),including those related to negotiating;
(3) Pricing of the contract,subcontract,or Modification,,or
(4) Performance of the contract,subcontract or modification.
(d) Comptroller General—
(1) The Comptroller General of the United States, or an authorized representative, shall
have access to and the right to examine any of the Contractor's directly pertinent records involving transactions
related to this contract or a subcontract hereunder and to interview any current employee regarding such
transactions,
(2) This paragraph may not be construed to require the Contractor or subcontractor to
create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary Course of
business or pursuant to a provision of law,
(e) Reports If the Contractor is required to furnish cost, funding, or performance reports, the
Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and
audit the supporting records and materials, for the purpose of evaluating—
(1) The effectiveness of the Contractors policies and procedures to produce data
compatible with the objectives of these reports;and
(2) The data reported.
Availability. The Contractor shall make available at its office at all reasonable times the records,
materials, and other evidence described in paragraphs(a), (b), (c), (d), and (e)of this clause, for examination,
audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in
Sub�4.7, Contractor Records Retention,of the Federal Acquisition Regulation (FAR),or for any longer period
required by statute or by other clauses of this contract In addition—
(1) If this contract is completely or partially terminated,the Contractor shall make available
the records relating to the work terminated until 3 years after any resulting final termination settlement;and
(2) The Contractor shall make available records relating to appeals under the Disputes
clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals,
litigation,or claims are finally resolved.
(g) The Contractor shall insert a clause containing all the terms of this clause, including this
paragraph(g),in all subcontracts under this contract that exceed the simplified acquisition threshold,and—
(1) That are cost-reimbursement, incentive,, time-and-materials, labor-hour, or price
re-determinable type or any combination of these;
(2) For which certified cost or pricing data are required"or
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(3) That require the subcontractor to furnish reports as discussed in paragraph(e)of this
clause.
The clause may be altered only as necessary to identify properly the contracting parties and the
Contracting Officer under the Government prime Contract
34. 52.233-1 DISPUTES(MAY 2014)
(a) This contract is subject to ALY.SC chi ter Contract Disputes
(b) Except as provided in 4411 U.S.0_IL_ chapter 71,all disputes arising under or relating to this contract shall be
resolved under this clause.
(c) -Glaim,"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, However,a written demand or written
assertion by the Contractor seeking the payment of money exceeding$100,000 is not a claim under 41 U.S.0
chapter_' 1 until certified.A voucher,invoice.or other routine request for payment that is not in dispute when
submitted is not a claim under The submission may be converted to a claim under 41 U.S.0
h
c
...:_apter Tl,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,unless otherwise stated in this contract,
submitted within 6 years after accrual of the claim 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)The Contractor shall provide the certification specified in paragraph(d)(2)(iii)of this clause when
submitting any claim exceeding$100,000.
(R)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:—1 erti,fy 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 authorized to certify the claim on behalf of the Contractor!
(3) The certification may be executed by any person authorized to bind the Contractor with respect to
the claim.
(e) For Contractor claims of$100,,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$100.000,the
Contracting Officer must,within 60 days,decide the claim or notify the Contractor of the date by which the
decision will be made.
(1) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in
41 U.S.0 chapl2r 71
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(g) If the 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 alternative dispute resolution
(ADR).It the Contractor refuses an offer for ADR,the Contractor shall inform the Contracting Officer,in writing,of
the Contractor's specific reasons for rejecting the offer.
(h) The Government shall pay interest on the amount found due and unpaid from(1)the date that 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 33.201,interest shall be paid from the date that the Contracting Officer initially receives the claim.Simple
interest an 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 or relating to the contract,and comply with any decision of
the Contracting Officer.
36, 62.222-26 EQUAL OPPORTUNITY(MAR 2007)
(a) Definition.-United States,"as used in this clause,means the 50 States,the District of Columbia,
Puerto Rico,the Northern Mariana Islands,American Samoa,Guam,the U.S.Virgin Islands,and Wake Island.
(b) (1) 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 this clause, except for work performed
outside the United States by employees who were not recruited within the United States. Upon request, the
Contractor shall provide information necessary to determine the applicability of this clause.
(2) If the Contractor is a religious corporation, association, educational institution, or
society,the requirements of this clause do not apply with respect to the employment of individuals of a particular
religion to perform work connected with the carrying on of the Contractors activities(41 CFR 60-1.5).
(c) (1) The Contractor shall not discriminate against any employee or applicant for
employment because of race, Color, religion, sex, or national origin, However, it shall not be a violation of this
clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an
Indian reservation, in connection with employment opportunities on or near an Indian reservation,as permitted by
41 CFR 60-1.5
(2) The Contractor shall,take affirmative action to ensure that 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—
(i) Employment;
(11) Upgrading;
(iii) Demotion;
(iv) Transfer,
(v) Recruitment or recruitment advertising
(vi) Layoff orterminatiom
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(0) 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 Contractors 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. The
Contractor shall also file Standard Form 100(EEO-1),or any successor form,as prescribed in 41 CFR Part 60-1,
Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall,
within 30 days after contract award,apply to either the regional Office of Federal Contract Compliance Programs
(OFCCP)or the local office of the Equal Employment Opportunity Commission for the necessary forms.
(8) The Contractor shall permit access to its premises, during normal business hours, by
the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint
investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records
(including computerized records), and other material that may be relevant to the matter under investigation and
pertinent to compliance with Executive Order 11246, as amended,and rules and regulations that implement the
Executive Order.
(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: in 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 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 Officer 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
(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be
governed by the procedures in 41 CFR 60-1.1.
36. 52.222-21 PROHIBITION OF SEGREGATED FACILITIES(FEB 1999)
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(a) ,Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest
rooms and wash rooms, restaurants and other eating areas, time clacks, locker rooms and other storage or
dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing
facilities provided for employees,that are segregated by explicit directive or are in fact segregated on the basis of
race,color,religion,sex,or national origin because of written or oral policies or employee custom,The term does
not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy
between the sexes.
(b) The Contractor agrees that it does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments,and that it does not and will not permit its employees to perform
their services at any location under its control where segregated facilities are maintained.The Contractor agrees
that a breach of this clause is a violation of the Equal Opportunity clause in this contract.
(c) The Contractor shall include this clause in every subcontract and purchase order that is
subject to the Equal Opportunity clause of this contract.
37. 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION(JUL 2013)
(Applicable to leases exceeding$3,000.)
(a) Definitions.As used in this clause—
Long-term contract means a contract Of More than five years in duration, including options. However, the
term does not include contracts that exceed five years in duration because the period of performance has been
extended for a cumulative period not to exceed six months under the clause at 52,217-8, Option to Extend
Services,or other appropriate a utharity.
Small business concern 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 In 13 CFR part 121 and the size standard In paragraph (c) of this clause Such a
concern is--not dominant in Its field of operation"when it does not exercise a controlling or major influence an a
national basis in a kind of business activity in which a number of business concerns are primarily engaged In
determining whether dominance exists,consideration shall be given to all appropriate factors,including volume of
business, number of employees, financial resources, competitive status or position, ownership or control of
materials,processes,patents,license agreements,,facilities,sales territory, and nature of business activity,
(b) If the Contractor represented that it was a small business concern prior to award of this contract,
the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable,
paragraph(g)of this clause,upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the
contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the
contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after
modification of the contract to include this clause,, if the merger or acquisition occurred prior to inclusion of this
clause in the contract.
(3) For long-term contracts--
(I) Within 60 to 120 days prior to the end of the fifth year of the contract;and
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(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option
thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the
time of this re representation that corresponds to the North American Industry Classification System(NAICS)Code
assigned to this contract. The small business size standard corresponding to this NAICS code can be found at
http-liwww.sba.gov/contentliable-small-business-sizg:stgndards.
(d) The small business size standard for a Contractor providing a product which it does not
manufacture itself,for a contract other than a construction or service contract,is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation
required by paragraph (b) of this clause by validating or updating all its representations in the Representations
and Certifications section of the System for Award Management(SAM)and its other data in SAM,as necessary,
to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in
writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or
updated,and provide the date of the validation or update.
(0 If the Contractor represented that it was other than a small business concern prior to award of this
contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or(g) of this
clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a
representation in SAM for the NAICS code applicable to this contract, the Contractor Is required to complete the
following rerepresentation and submit it to the contracting office,along with the contract number and the date on
which the rerepresentallon was completed:
The Contractor represents that it a is, 13 is not a small business concern under NAICS Code
assigned to contract number
[Contractor to sign and date and insert authorized signer's name and title].
38. 52.222-35 EQUAL OPPORTUNITY FOR VETERANS(JUL 2014)
(Applicable to leases over$100,000.)
(a) Definitions.As used in this clause-
-Active duty wartime or campaign badge veteran,"-Armed Forces service medal veteran,"'disabled veteran,"
-protected veteran,'-qualified disabled veteran,"and--suently separated veteran"have the meanings given at
FAR 22.1301.
(b) Equal opportunity clause.The Contractor shall abide by the requirements of the equal opportunity clause
at 41 CFR 613-300.5(a),as of March 24,2014.This clause prohibits discrimination against qualified protected
veterans,and requires affirmative action by the Contractor to employ and advance in employment qualified
protected veterans.
(c) Subcontracts.The Contractor shall insert the terms of this clause in subcontracts of$100,000 or more
unless exempted by rules,regulations,or orders of the Secretary of Labor.The Contractor shall act as specified
by the Director,Office of Federal Contract Compliance Programs,to enforce the terms,including action for
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noncompliance.Such necessary changes in language may be made as shall be appropriate to identify properly
the parties and their undertakings.
39. 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES(JUL 2014)
(Applicable to leases over$15,000.)
(a) Equal opportunity clause.The Contractor shall abide by the requirements of the equal opportunity clause
at 41 CFR 60-741.5(a),as of March 24,2014.This clause prohibits discrimination against qualified individuals on
the basis of disability,and requires affirmative action by the Contractor to employ and advance in employment
qualified individuals with disabilities.
(b) Subcontracts.The Contractor shall include the terms of this clause in every subcontract or purchase order
in excess of$15.000 unless exempted by rules,regulations,or orders of the Secretary,so that such provisions
will be binding upon each subcontractor or vendor.The Contractor shall act as specified by the Director,Office of
Federal Contract Compliance Programs of the U.S.Department of Labor,to enforce the terms,including action
for noncompliance.Such necessary changes in language may be made as shall be appropriate to identify
properly the parties and their undertakings.
40. 52.222-37 EMPLOYMENT REPORTS VETERANS(JUL 2014)
(Applicable to leases over$100,000.)
(a) Definitions.As used in this clause,-Armed Forces service medal veteran,'"disabled veteran,"'active duty
wartime or campaign badge veteran,'and—ecently separated veteran,"have the meanings given in FAR
22.1301...1
(b) Unless the Contractor is a State or local government agency,the Contractor shall report at least annually,
as required by the Secretary of Labor,on—
(1) The total number of employees in the contractors workforce,,by job category and hiring location,
who are disabled veterans,other protected veterans(i a., active duty wartime or campaign badge veterans),
Armed Forces service medal veterans,and recently separated veterans;
(2) The total number of new employees hired during the period covered by the report,and of the total,
the number of disabled veterans,other protected veterans(i e.,active duty wartime or campaign badge veterans),
Armed Forces service medal veterans, and recently separated veterans;and
(3) The maximum number and minimum number of employees of the Contractor or subcontractor at
each hiring location during the period covered by the report
(c) The Contractor shall report the above items by completing the Form VETS-100A,entitled---6d era I
Contractor Veterans'Employment Report(VETS-100A Report).'"
(d) The Contractor shall submit VETS-100A Reports no later than September 30 of each year.
(e) The employment activity report required by paragraphs(b)(2)and(b)(3)of this clause shall reflect total
new hires,and maximum and minimum number of employees,during the most recent 12—month period preceding
the ending date selected for the report Contractors may select an ending date—
(1) As of the and of any pay period between July I and August 31 of the year the report is due;or
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(2) As of Decembef 31,it the Contractor has prior written approval from the Equal Employment
Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard
Form 100).
(0 The number of veterans reported must be based on data known to the contractor when completing the
VETS-100A.The contractor's knowledge of veterans status may be obtained in a variety of ways,Including an
invitation to applicants to self-identify(in accordance with 41 CFR 60-300.42),voluntary self-disclosure by
employees,or actual knowledge of veteran status by the contractor.This paragraph does not relieve an employer
of liability for discrimination under 38 U.S.C.4212,
(g) The Contractor shall insert the terms of this clause in subcontracts of$100,000 or more unless exempted
by rules, regulations,or orders of the Secretary of Labor.
41. 52.209-6 PROTECTING THE GOVERN T'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED,SUSPENDED,OR PROPOSED FOR DEBARMENT(AUG 2013)
(Applicable to leases over$30,000.)
(a) Definition.—Ommercially available off-the-shelf(COTS)'item,as used in this clause—
(1) Means any item of supply(including construction material)that is—
(i) A commercial item(as defined in paragraph(1)of the definition in FAR 2 101
(ii) Sold in substantial quantities in the commercial marketplace,and
(irf) Offered to the Government, under a contract or subcontract at any tier,, without
modification,in the same form in which it is sold in the commercial marketplace,and
(2) Does not include bulk cargo, as defined in 46 U.S.C.40102(41, such as agricultural products
and petroleum products.
(b) The Government suspends or debars Contractors to protect the Government's interests. Other
than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any
subcontract,in excess of$30,000 with a Contractor that is debarred, suspended, or proposed for debarment by
any executive agency unless there Is a compelling reason to do so.
(r) The Contractor shall require each proposed subcontractor whose subcontract will exceed
$30,000, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the
Contractor, in writing,whether as of the time of award of the subcontract,the subcontractor,or its principals,is or
is not debarred,suspended,or proposed for debarment by the Federal Government.
(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing,
before entering into a subcontract with a party(other than a subcontractor providing a commercially available off-
the-shelf Item) that is debarred,, suspended, or proposed for debarment(see FAR 9.404 for information an the
System for Award Management(SAM)Exclusions) The notice must include the following:
(1) The name of the subcontractor
(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion
in SAM.
(3) The compelling reason(s)for doing business with the subcontractor notwithstanding its being
listed with an exclusion in SAM,
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(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 party's
debarment,suspension, or proposed debarment
(e) Subcontracts Unless this is a contract for the acquisition of commercial items, the Contractor
shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the
identification of the parties),in each subcontract that—
(1) Exceeds$30,000 in value;and
(2) Is not a subcontract for commercially available off•the,shelf items
42. 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA(OCT 2010)
(Applicable if over$700,000.)
(a) Before awarding any subcontract expected to exceed the threshold for submission of certified cost
or pricing data at FAR 15.4034, on the date of agreement on price or the date of award, whichever is later,„ or
before pricing any subcontract modification involving a pricing adjustment expected to exceed the threshold for
submission of certified cost or pricing data at FAR 15.403-4, the Contractor shall require the subcontractor to
submit certified cost or pricing data (actually or by specific identiffcation in writing), in accordance with FAR
15,408, Table 15-2 (to include any information reasonably required to explain the subcontractor's estimating
process such as the judgmental factors applied and the mathematical or other methods used in the estimate,
including those used in projecting from known data,and the nature and amount of any contingencies included in
the price),unless an exception under FAR 15.403-1 applies
(b) The Contractor shall require the subcontractor to certify in substantially the form prescribed in
FAR 15.406-2 that, to the best of its knowledge and belief, the data submitted under paragraph(a) of this clause
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 the threshold for submission of certified cost or pricing data at
FAR 15403-4,when entered into,the Contractor shall insert either—
(1) The substance of this clause, including this paragraph(c), if paragraph(a) of this clause
requires submission of certified cost or pricing data for the subcontract;or
(2) The substance of the clause at FAR 52 215-13,Subcontractor Certified Cost or Pricing Date—
Modifications.
43. 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS(OCT 2014)
(Applicable to leases over$150,000 average net annual rental including option periods.)
(a) Definitions.As used in this contract-
-HUBZone small business concern"means a small business concern that appears on the List of Qualified
HUBZone Small Business Concerns maintained by the Small Business Administration.
-Service-disabled veteran-owned small business concern"—
(1) Means a small business concern—
(I) Not less than 51 percent of which is owned by one or more service-disabled veterans or,in the
case of any publicly owned business,not less than 51 percent of the stock of which is owned by one or more
service-disabled veterans-,and
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(ii) The management and daily business operations of which are controlled by one or more service-
disabled veterans or,in the case of a service-disabled veteran with permanent and severe disability,the spouse
or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran.as defined in "` 1 Jj?).with a disability that is
service-connected,as defined in 38 U S C 101(16)
-Small business concern"means a small business as defined pursuant to Section 3 of the Small Business Act
and relevant regulations promulgated pursuant thereto
-Small disadvantaged business concern",consistent with 13 CFR 124.1002:means a small business concern
under the size standard applicable to the acquisition,that—
(1) Is at least 51 percent unconditionally and directly owned(as defined at 13 CFR 124 106)by—
(I) One or more socially disadvantaged(as defined at 13 CFR 124.103)and economically
disadvantaged(as defined at 13 CFR 124.104)individuals who are citizens of the United States;and
(H) Each individual claiming economic disadvantage has a net worth not exceeding$750,000 after
taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2),and
(2) The management and daily business operations of which are controlled(as defined at 13,CFR
124-106)by individuals,who meet the criteria in paragraphs(1)(1)and(it)of this definition,
-Veteran-owned small business concern"means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U S C
101 2)or, in the case of any publicly owned business,not less than 51 percent of the stock of which is owned by
one or More veterans;and
(2) The management and daily business operations of which are controlled by one or more veterans,
-Women-owned small business concern'means a small business concern—
(1) That is at least 51 percent owned by one or more women,or,in the case of any publicly owned
business,of least 51 percent of the stock of which is owned by one or more women:and
(2) Whose management and daily business operations are controlled by one or more women.
(b) It is the policy of the United States that small business concerns,veteran-owned small business concerns,
service-disabled veteran-owned small business concerns,HUBZone small business con ms,small
disadvantaged business concerns,and women-owned small business concerns 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,veteran-owned small
business concerns,service-disabled veteran-owned small business concerns,HUBZone small business
concerns,small disadvantaged business concerns,and women-owned small business concerns.
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(c) 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.
(d) (1) Contractors acting in good faith may rely an written representations by their subcontractors
regarding their status as a small business concern,a veteran-owned small business concern,a service-disabled
veteran-owned small business concern,a small disadvantaged business concern,or a women-owned small
business concern
(2) The Contractor shall confirm that a subcontractor representing itself as a HUBZone small business
concern is certified by SBA as a HUBZone small business concern by accessing the System for Award
Management database or by contacting the SBA.Options for contacting the SBA include—
(I) HUBZone small business database search application web page at
htlp:Pdsbs sba gov/dsbstsearchldsp search hubzone-cfm;or hItpJ/wwW sba govihubzone
(ii) In writing to the Director/HUB,U.S Small Business Administration,409 3rd Street,SW,
Washington,DC 20416,or
(III) The SBA HUBZone Help Desk at hubzone@sba.gov.
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN(OCT 2014)ALTERNATE III(OCT 2014)
(Applicable to leases over$650,000,)
a) This clause does not apply to small business concerns,
(b) Definitions.As used in this clause-
-Alaska Native Corporation(ANC)"means any Regional Corporation,Village Corporation,Urban Corporation,
or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native
Claims Settlement Act,as amended(43 U S C 1601,et seq.)and which is considered a minority and
economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1) This definition also includes ANC
direct and indirect subsidiary corporations,joint ventures,and partnerships that meet the requirements of 43
U.S.C. 1626fie
-Gommercal item'means a product or service that satisfies the definition of commercial item in section 2.101
of the Federal Acquisition Regulation.
-Gommercial plan'means a subcontracting plan(including goals)that covers the offeror's fiscal year and that
applies to the entire production of commercial Items sold by either the entire company or a portion thereof(e g,
division,plant,or product line),
-Electronic Subcontracting Reporting System(eSRS)"means the Governmentwide,electronic,web-based
system for small business subcontracting program reporting The eSRS is located at http://www.esrs.gov
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4dIan tribe"means any Indian tribe,band,group,, pueblo,or community,including native villages and native
groups(including corporations organized by Kenai,Juneau,Silka,and Kodiak)as defined in the Alaska Native
Claims Settlement Act(42.11.2.J2A 122j..et seq.),that is recognized by the Federal Government as eligible for
services from the Bureau of Indian Affairs in accordance with 25 U S,Q 1452(c).This definition also includes
Indian-owned economic enterprises that meet the requirements of"25 U.S.C.IAR%pi.
-Individual contract plan"means a subcontracting plan that Covers the entire contract period(including option
periods),applies to a specific contract,and has goals that are based on the offerors planned subcontracting in
support of the specific contract,except that indirect costs incurred for common or joint purposes may be allocated
an a prorated basis to the contract,
-Master plan"means a subcontracting plan that contains all the required elements of an individual contract
plan,except goals,and may be incorporated into individual contract plans, provided the master plan has been
approved.
-Subcontract"means any agreement(other than one involving an employer-employee relationship)entered into
by a Federal Government prime Contractor or subcontractor calling for supplies or services required for
performance of the contract or subcontract.
(c) The offeror,upon request by the Contracting Officer,shall submit and negotiate a subcontracting plan,
where applicable,that separately addresses subcontracting with small business,veteran-owned small business,
service-disabled veteran-owned small business,HUBZone small business concerns,small disadvantaged
business,and women-owned small business concerns,If the offeror is submitting an individual contract plan,the
plan must separately address subcontracting with small business,veteran-owned small business,service-
disabled veteran-owned small business, HUBZone small business,small disadvantaged business,and Women-
owned small business concerns,with a separate part for the basic contract and separate parts for each option(if
any).The plan shall be included in and made a part of the resultant contract The subcontracting plan shall be
negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting
plan shall make the offeror ineligible for award of a contract
(d) The offeror's subcontracting plan shall include the following"
(1) Goals,expressed in terms of percentages of total planned subcontracting dollars,for the use of
small business,veteran-owned small business,service-disabled veteran-owned small business,HUBZone small
business,small disadvantaged business,and women-owned small business concerns as subcontractors,The
offeror shall include all sub-contracts that contribute to contract performance,,and may include a proportionate
share of products and services that are normally allocated as indirect costs.In accordance with 43 U.S C 1626:
(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals
for small business and small disadvantaged business(SD )concerns,regardless of the size or Small Business
Administration certification status of the ANC or Indian tribe
(ii) Where one or more subcontractors are in the subcontract tier between the prime contractor and the
ANC or Indian tribe,the ANC or Indian tribe shall designate the appropriate contractor(s)to count the subcontract
towards its small business and small disadvantaged business subcontracting goals.
(A) In most cases,the appropriate Contractor is the Contractor that awarded the subcontract to the
ANC or Indian tribe
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(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its
goals,the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor.
The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract,
(C)The ANG or Indian tribe shall give a copy of the written designation to the Contracting Officer,the
prime Contractor,and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30
days of the date of the subcontract award.
(D) If the Contracting Officer does not receive a copy of the ANC's or the Indian tribe's written
designation within 30 days of the subcontract award,the Contractor that awarded the subcontract to the ANC or
Indian tribe will be considered the designated Contractor.
(2) A statement of—
(!) Total dollars planned to be subcontracted for an individual contract plan,or the offeror's total
projected sales,expressed in dollars,and the total value of projected subcontracts to support the sales for a
commercial plan;
(11) Total dollars planned to be subcontracted to small business concerns(including ANC and Indian
tribes);
(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns",
(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business,
(v) Total dollars planned to be subcontracted to HIJBZone small business concerns,
(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns(including
ANCs and Indian tribes),and
(vii) Total dollars planned to be subcontracted to women-owned small business concerns
(3) A description of the principal types of supplies and services to be subcontracted,and an
identification of the types planned for subcontracting to—
(i) Small business concerns;
(5) Veteran-owned small business concerns;
(III) Service-disabled veteran-owned small business concerns,
(iv) HUBZone small business concerns;
(v) Small disadvantaged business concerns;and
(vi) Women-owned small business concerns.
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(4) A description of the method used to develop the subcontracting goals in paragraph(d)(1)of this
clause.
(5) A description of the method used to identify potential sources for solicitation purposes(e.g.,
existing company source lists,the System for Award Management(SAM),veterans service organizations.the
National Minority Purchasing Council Vendor Information Service,the Research and Information Division of the
Minority Business Development Agency in the Department of Commerce,or small,HUBZone,small
disadvantaged,and women-owned small business trade associations).A firm may rely an the Information
contained in SAM as an accurate representation of a concern's size and ownership characteristics for the
purposes of maintaining a small,veteran-owned small,service-disabled veteran-owned small,HUBZone small,
small disadvantaged,and women-owned small business source list.Use of SAM as its source list does not relieve
a firm of its responsibilities(e.g.,outreach,assistance,counseling,or publicizing subcontracting opportunities)in
this clause,
(6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting
goals,and a description of the method used to determine the proportionate share of indirect costs to be incurred
with—
(I) Small business concerns(including ANC and Indian tribes);
(!I) Veteran-owned small business concerns;
(10) Service-disabled veteran-owned small business concerns,
(iv) HUBZone small business concerns;
(v) Small disadvantaged business concerns(including ANC and Indian tribes);and
(vi) Women-owned small business concerns,
(7) The name of the individual employed by the offeror who will administer the offerors subcontracting
program,and a description of the duties of the individual
(8) A description of the efforts the offeror will make to assure that small business,veteran-owned small
business,service-disabled veteran-owned small business, HUBZone small business,small disadvantaged
business,and women-owned small business concerns have an equitable opportunity to compete for
subcontracts,
(9) Assurances that the offeror will Include the clause of this contract entitled—Litization of Small
Business Concerns'in all subcontracts that offer further subcontracting opportunities,and that the offeror will
require all subcontractors(except small business concerns)that receive subcontracts in excess of$650,000($1.5
million for construction of any public facility)with further subcontracting possibilities to adopt a subcontracting plan
that complies with the requirements of this clause
(10) Assurances that the offeror will--
(I) Cooperate in any studies or surveys as may be required'.
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(11) Submit periodic reports so that the Government can determine the extent of compliance by the
offeror with the subcontracting plane.
(Ili) Submit Standard Form(SF)294 Subcontracting Report for Individual Contract in accordance
with paragraph(1)of this clause,,Submit the Summary Subcontract Report(SSR),in accordance with
paragraph(1)of this clause using the Electronic Subcontracting Reporting System(eSRS)at
hltpJ/www esrs-gov.The reports shall provide information on subcontract awards to small business
concerns(including ANCs and Indian tribes that are not small businesses),veteran-owned small business
concerns, service-disabled veteran-owned small business Concerns, HUBZone small business concerns,
small disadvantaged business concerns(including ANCs and Indian tribes that have not been certified by
the Small Business Administration as small disadvantaged businesses),women-owned small business
concerns, and for NASA only,Historically Black Colleges and Universities and Minority Institutions.
Reporting shall be in accordance with this clause,or as provided in agency regulations;and
(iv) Ensure that its subcontractors with subcontracting plans agree to submit the SF 294 in
accordance with paragraph(1)of this clause.Ensure that its subcontractors with subcontracting plans agree
to submit the SSR in accordance with paragraph(1)of this clause using the eSRS.
(11) A description of the types of records that will be maintained concerning procedures that have been
adopted to comply with the requirements and goals in the plan,including establishing source lists;and a
description of the offeror's efforts to locate small business,veteran-owned small business,service-disabled
veteran-owned small business,HUBZone sm all business,small disadvantaged business,and women-owned
small business concerns and award subcontracts to them.The records shall Include at least the following(an a
plant-wide or company-wide basis,unless otherwise indlcaled):
(I) Source lists(e.g.,SAM),guides,and other data that identify small business,veteran-owned small
business,service-disabled veteran-owned small business,HUBZone small business,small disadvantaged
business,and women-owned small business concerns.
(d) Organizations contacted in an attempt to locate sources that are small business,veteran-owned
small business,service-disabled veteran-owned small business,HUBZone small business,small disadvantaged
business,or women-owned small business concerns.
(Ili) Records on each subcontract solicitation resulting In an award of more than$150,000,indicating—
(A)Whether small business concerns were solicited and,if not,why not;
(B)Whether veteran-owned small business concerns were solicited and,if not,why not;
(C)Whether service-disabled veteran-owned small business concerns were solicited and,if not,why
not:
(D)Whether HUBZone small business concerns were solicited and,if not,why not;
(E)Whether small disadvantaged business concerns were solicited and,if not,why not;
(F)Whether women-owned small business concerns were solicited and,if not,why not;and
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(G) If applicable,the reason award was not made to a small business concern.
(iv) Records of any outreach efforts to contact—
(A)Trade associations;
(B)Business development organizatiow
(C)Conferences and trade fairs to locate small,HUBZone small,small disadvantaged,and women-
owned small business sources:and
(D)Veterans service organizations,
(v) Records of internal guidance and encouragement provided to buyers through—
(A)Workshops,,seminars,training,etc;and
(B) Monitoring performance to evaluate compliance with the program's requirements,
(vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the
Government,including the name,address,and business size of each subcontractor.Contractors having
commercial plans need not comply with this requirement,
(e) In order to effectively implement this plan to the extent consistent with efficient contract performance,the
Contractor shall perform the following functions:
(1) Assist small business,veteran-owned small business,service-disabled veteran-owned small
business,HUBZone small business,small disadvantaged business,and women-owned small business concerns
by arranging solicitations..time for the preparation of bids,quantities,specifications,and delivery schedules so as
to facilitate the participation by such concemSr Where the Contractor's lists of potential small business,veteran-
owned small business,service-disabled veteran-owned small business,HUBZone small business,small
disadvantaged business,and women-owned small business subcontractors are excessively long,reasonable
effort shall be made to give all such small business concerns an opportunity to compete over a period of time
(2) Provide adequate and timely consideration of the potentialities of small business,veteran-owned
small business,servioe-disabled veteran-owned small business,HUBZone small business,small disadvantaged
business,and women-owned small business concerns in all-make-or-buy"decisions.
(3) Counsel and discuss subcontracting opportunities with representatives of small business,veteran-
owned small business,service-disabled veteran-owned small business,HUBZone small business,small
disadvantaged business,and women-owned small business firms
(4) Confirm that a subcontractor representing itself as a HUBZone small business concern is identified
as a certified HUBZone small business concern by accessing the SAM database or by contacting SBA.
(5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of
business status as small,veteran-owned small business,HUBZone small,small disadvantaged,or women-owned
small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in
the Contractor's subcontracting plan
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(6) For all competitive subcontracts over the simplified acquisition threshold in which a small business
concern received a small business preference, upon determination of the successful subcontract offeror,the
Contractor must inform each unsuccessful small business subcontract offeror in writing of the name and location
of the apparent successful offeror prior to award of the contract,
(0 A master plan on a plant or division-wide basis that contains all the elements required by paragraph(d)of
this clause,except goals,may be incorporated by reference as a part of the subcontracting plan required of the
offeror by this clauseprovided—
(1) The master plan has been approved;
(2) The offeror ensures that the master plan is updated as necessary and provides copies of the
approved master plan,including evidence of its approval,to the Contracting Officer;and
(3) Goals and any deviations from the master plan deemed necessary by the Contracting Officer to
satisfy the requirements of this contract are set forth in the individual subcontracting plan.
(9) A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial items
The commercial plan shall relate to the offerors planned subcontracting generally,for both commercial and
Government business,rather than solely to the Government contract.Once the Contractors commercial plan has
been approved,the Government will not require another subcontracting plan from the same Contractor while the
plan remains in effect,as long as the product or service being provided by the Contractor continues to meet the
definition of a commercial item.A Contractor with a commercial plan shall comply with the reporting requirements
stated in paragraph(d)(10)of this clause by submitting one SSR in eSRS for all contracts covered by its
commercial plan This report shall be acknowledged or rejected in eSRS by the Contracting Officer who approved
the plan,This report shall be submitted within 30 days after the end of the Government's fiscal year.
(h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be
considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract.
(I) A contract may have no more than one plan When a modification meets the criteria in 19.702 for a plan,
or an option is exercised,the goals associated with the modification or option shall be added to those in the
existing subcontract plan,
0) Subcontracting plans are not required from subcontractors when the prime contract contains the clause at
52.212-5,Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial
Items,or when the subcontractor provides a commercial item subject to the clause at 52 244-6,Subcontracts for
Commercial Items,under a prime contract.
(k) The failure of the Contractor or subcontractor to comply in good faith with—
(1) The clause of this contract entitled—Ulzation Of Small Business Concerns,'or
(2) An approved plan required by this clause,shall be a material breach of the contract
(1) The Contractor shall submit a SP 294.The Contractor shall submit SSRs using the web-based
eSRS at httpJ/www.esrs.gov, Purchases from a corporation,company,or subdivision that is an affiliate of
the prime Contractor or subcontractor are not included in these reports.Subcontract award data reported by
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prime Contractors and subcontractors shall be limited to awards made to their immediate next-tier
subcontractors.Credit cannot be taken for awards made to lower tier subcontractors,unless the Contractor
or subcontractor has been designated to receive a small business or small disadvantaged business credit
from an ANC or Indian tribe.Only subcontracts involving performance in the U.S.or its outlying areas should
be included in these reports with the exception of subcontracts under a contract awarded by the State
Department or any other agency that has statutory or regulatory authority to require subcontracting plans for
subcontracts performed outside the United States and its outlying areas.
(1) SF 294.This report is not required for commercial plans.The report is required for each contract
containing an individual subcontract plan. For prime contractors the report shall be submitted to the
contracting officer,or as specified elsewhere in/hid contract.In the case of a subcontract with a
subcontracting plan,the report shall be submitted to the entity that awarded the subcontract
(i) The report shall be submitted semi-annually during contract performance for the periods ending
March 31 and September 30.A report is also required for each contract within 30 days of contract
completion.Reports are due 30 days after the close of each reporting period,unless otherwise directed by
the Contracting Officer.Reports are required when due,regardless of whether there has been any
subcontracting activity since the inception of the contract or the previous reporting period.
(h) When a subcontracting plan contains separate goals for the basic contract and each option,as
prescribed by FAR 19.704(c),the dollar goal inserted on this report shall be the sum of the base period
through the current option;for example,for a report submitted after the second option is exercised,the dollar
goal would be the sum of the goals for the basic contract,the first option,and the second option
(2) SSR,(i)Reports submitted under individual contract plans—
(A) This report encompasses all subcontracting under prime contracts and subcontracts with
the awarding agency,regardless of the dollar value of the subcontracts.
(B) The report may be submitted an a corporate,company or subdivision(e.g.plant or
division operating as a separate profit center)basis, unless otherwise directed by the agency.
(C) If a prime Contractor and/or subcontractor is performing work for more than one
executive agency,a separate report shall be submitted to each executive agency covering only that
agency's contracts,provided at least one of that agency's contracts is over$550,000(over$1,000,000 for
construction of a public facility)and contains a subcontracting plan For DoD,a consolidated report shall be
submitted for all contracts awarded by military departments/agencies and/or subcontracts awarded by DoD
prime Contractors However,for construction and related maintenance and repair,a separate report shall be
submitted for each DoD component
(D) For DoD and NASA,the report shall be submitted seml annually for the six months
ending March 31 and the twelve months ending September 30,For civilian agencies,except NASA,it shall
be submitted annually for the twelve-month period ending September 30-Reports are due 30 days after the
close of each reporting period
(E) Subcontract awards that are related to work for more than one executive agency shall be
appropriately allocated,
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(F) The authority to acknowledge or reject SSRs in the eSRS,including SSRS submitted by
subcontractors with subcontracting plans,resides with the Govemment agency awarding the prime contracts
unless stated otherwise in the contract.
(ii) Reports submitted under a commercial plan—
(A) The report shall include all subcontract awards under the commercial plan in effect
during the Government's fiscal year.
(B) The report shall be submitted annually,within thirty days after the end of the
Governmenrs fiscal year.
(C) If a Contractor has a commercial plan and is performing work for more than one
executive agency,the Contractor shall specify the percentage of dollars attributable to each agency from
which contracts for commercial items were received.
(D) The authority to acknowledge or reject SSRs for commercial plans resides with the
Contracting Officer who approved the commercial plan.
45. 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN(JAN 1999)
(Applicable to leases over$650,000.)
(a) Failure to make a good faith effort 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 Subcontracting Plan,"or willful or intentional
action to frustrate the plan.
(b) Performance shall be measured by applying the percentage goals to the total actual subcontracting
dollars or, if a commercial plan is involved, to the pro rata share of actual subcontracting dollars attributable to
Government contracts covered by the commercial plan.If,at contract completion or,in the case of a commercial
plan, 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 Business Subcontracting Plan," the Contractor shall pay the
Government liquidated damages in an amount stated. The amount of probable 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.
(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 and to discuss the matter.
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) With respect to commercial plans, the Contracting Officer who approved the plan will perform the
functions of the Contracting Officer under this clause on behalf of all agencies with contracts covered by the
commercial plan.
(e) The Contractor shall have the right of appeal, under the clause in this contract entitled, Disputes,
from any final decision of the Contracting Officer,
INITIALS' &
LESSOR GOVERNMENT 89 GSA FORM 35178 PAGE 43(REV 04115)
Page 106 of 236
GSA Lease
AGENDA ITEM
. .
Exhibit B
(f) Liquidated damages shall be in addition to any other remedies that the Government may have.
46 52.20440 REPORTING ECUTIVE COMPENSATION FIRST-TIER SUBCONTRACT
ARDS(JL 2013)
(Applicable if over$25,000.)
(a) Definitions.As used in this clause:
-Executive"means officers,managing partners,or any other employees in management positions.
-Rrst-tier subcontract"means a subcontract awarded directly by the Contractor for the purpose of acquiring
supplies or services(including construction)for performance of a prime contract.It does not include the
Contractor's supplier agreements with vendors,such as long-term arrangements for materials or supplies that
benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and
administrative expenses or indirect costs.
-Months of award"means the month in which a contract is signed by the Contracting Officer or the month in
which a first-tier subcontract is signed by the Contractor,
—Total compensation"means the cash and noncash dollar value earned by the executive during the
Contractor's preceding fiscal year and includes the following(for more information see 17 CFR 229.402(c)(2)):
(1) Salary and bonus.
(2) Awards of stock,stock options„and stock appreciation rights Use the dollar amount recognized for
financial statement reporting purposes with respect to the fiscal year in accordance with the Financial
Accounting Standards Board's Accounting Standards Codification(FASB ASC)718,Compensation-
Stock Compensation.
(3) Earnings forservices under non-equity incentive plans.This does not include group life,health,
hospitalization or medical reimbursement plans that do not discriminate in favor of executives,and are
available generally to all salaried employees.
(4) Change in pension value.This is the change in present value of defined benefit and actuarial pension
plans.
(5) Above-market earnings on deferred compensation which is not fax-qualified.
(6) Other compensation,if the aggregate value of all such other compensation(e.g.,severance,termination
payments,value of life insurance paid on behalf of the employee,perquisites or property)for the
executive exceeds$10,000.
(b) Section 2(d)(2)of the Federal Funding Accountability and Transparency Act of 2006(Pub.L. 109-282),as
amended by section 6202 of the Government Funding Transparency Act of 2008(Pub.L.110-252),requires the
Contractor to report information on subcontract awards.The law requires all reported information be made public,
therefore,the Contractor is responsible for notifying its subcontractors that the required information will be made
public.
(c) Nothing in this clause requires the disclosure of classified information
INITIALS &
LESSOR GOVERNMENT 90 GSA FORM 3517B PAGE 44(REV 04115)
Page 107 of 235
GSA Lease
AGENDA ITEM#2.a.
-----------
Exhibit B
(d) (1) Executive compensation of the prime contractor As a part of its annual registration requirement in
the System for Award Management(SAM)database(FAR provision 5.2 204-7),the Contractor shall report the
names and total compensation of each of the five most highly compensated executives for its preceding
completed fiscal year,if—
(i) In the Contractor's preceding fiscal year,the Contractor received—
(A) 80 percent or more of its annual gross revenues from Federal contracts(and subcontracts),loans,
grants(and subgrants),cooperative agreements,and other forms of Federal financial asslstance�
and
(B) $25,000,000 or more in annual gross revenues from Federal contracts(and subcontracts),loans,
grants(and subgrants),cooperative agreements,,and other forms of Federal financial assistancei
and
(ii) The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934
(15 U.S.C.7�8ma 7�8ad )or section 6104 of the Internal Revenue Code of 1986 (To determine
if the public has access to the compensation information,see the U.S.Security and Exchange
Commission total compensation filings at hgp.Ywww sec.govIanswersiexecomp him.)
(2) First-tier subcontract information Unless otherwise ffirected by the contracting officer,or as
provided in paragraph(h)of this clause,by the end of the month following the month of award of a first-tier
subcontract with a value of$25,000 or more,the Contractor shall report the following information at
httl2 11www fsrs gov for that first-tier subcontract (The Contractor shall follow the Instructions at
hftQ://www.(gLs.qpv to report the data)
(I) Unique identifier(DUNS Number)for the subcontractor receiving the award and for the
subcontractor's parent company,if the subcontractor has a parent company.
(ii) Name of the subcontractor.
(iii) Amount of the subcontract award.
(iv) Date of the subcontract award.
(v) A description of the products or services(including construction)being provided under the
subcontract,including the overall purpose and expected outcomes or results of the subcontract
(vi) Subcontract number(the subcontract number assigned by the Contractor)
(vii) Subcontractor's physical address including street address,city,state,and Country.Also include the
nine-digit zip code and congressional district.
(viii) Subcontractor's primary performance location including street address,city,state,and country.
Also include the nine-digit zip code and congressional district.
(ix) The prime contract number,and order number if applicable
(x) Awarding agency name and code
(xi) Funding agency name and code
(xii) Government contracting office code
(xiii) Treasury account symbol(TAS)as reported in FPDS,
(xiv) The applicable North American Industry Classification System code(NAICS)
INITIALS ..................................................................................................................... &
LESSOR GOVERNMENT 91 GSA FORM 35178 PAGE 45(REV 0015y,
Page 108 of 235
GSA Lease
AGENDA ITEM #2.a.
Exhibit B
(3) Executive compensatioin of the first-tier subcontractor.Unless otherwise directed by the
Contracting Officer,by the end of the month following the month of award of a first-tier subcontract with a value of
$25,000 or more,and annually thereafter(calculated from the prime contract award date),the Contractor shall
report the names and total compensation of each of the five most highly compensated executives for that first-tier
subcontractor for the first-tier subcontractor's preceding completed fiscal year at htlg://www fsLs,gov,if—
(i) In the subcontractors preceding fiscal year,the subcontractor received—
(A)80 percent or more of its annual gross revenues from Federal contracts(and subcontracts),loans,
grants(and subgrants),cooperative agreements,and other forms of Federal financial assistance;and
(B)$25,000,000 or more in annual gross revenues from Federal contracts(and subcontracts),loans,
grants(and subgrants),,cooperative agreements,and other forms of Federal financial asslstance°„and
(ii) The public does not have access to information about the compensation of the executives through
periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U,,S.C.78m(a),
78a(d))or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the
compensation information,see the U.S.Security and Exchange Commission total compensation filings at
WIRA .§gj2,.9avfanswerWexec
........................................................................._,�o him.)
(e) The Contractor shall not split or breakdown first-tier subcontract awards to a valueless than$25,000 to
avoid the reporting requirements in paragraph(d).
(9 The Contractor is required to report information on a first-tier subcontract covered by paragraph(d)when
the subcontract is awarded.Continued reporting on the same subcontract is not required unless one of the
reported data elements changes during the performance of the subcontract The Contractor is not required to
make further reports after the first-tier subcontract expires-
(g) (1) It the Contractor In the previous tax year had gross income,from all sources,under$300,000 the
Contractor is exempt from the requirement to report subcontractor awards
(2) If a subcontractor in the previous tax year had gross income from all sources under$300,000,the
Contractor does not need to report awards for that subcontractor,
(h) The FSRS database at hltp://www.fsrs.ggy will be prepopulated with some information from SAM and
FPDS databases. If FPDS information is incorrect,the contractor should notify the contracting officer.If the SAM
database information is Incorrect,the contractor is responsible for correcting this information.
INITIALS ..................................................................................................................... &
LESSOR GOVERNMENT 92 GSA FORM 35178 PAGE 46{REV 04/15)
Page 109 of 235
GSA Lease
AGENDA ITEM .
Exhibit C
ATIONS AND CERTIFICATIONS Request for Lease Dated
xi
(Acquisition of Leasehold Interests in Real'Property) Proposals Number
5AK0353
Complete appropriate boxes,sign the form, and attach to offer.
The Offeror makes the following Representations and Certifications. NOTE, The "Offeror,"as used on
this form,is the owner of the property offered, not an individual or agent representing the owner
1. 52.219-1 -SMALL BUSINESS PROGRAM REPRESENTATIONS(OCT 2014)
(a) Definitions.As used in this provision-
-Economically disadvantaged women-owned small business(EDWOSB)concern"means a
small business concern that is at least 51 percent directly and unconditionally owned by, and
the management and daily business operations of which are controlled by, one or more
women who are citizens of the United States and who are economically disadvantaged in
accordance with 13 CFR part 127. It automatically qualifies as a women-owned small
business concern eligible under the WOSI3 Program.
,Service-disabled veteran-owned small business concern"—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled
veterans or,in the case of any publicly owned business,not less than 51
percent of the stock of which Is owned by one or more service-disabled
veterans,and
(ii)The management and daily business operations of which are controlled by
one or more service-disabled veterans or,in the case of a service-disabled
veteran with permanent and severe disability,the spouse or permanent
caregiver of such veteran.
(2) -Service-disabled veteran"means a veteran,as defined in 38 U.S.C. 101(2)„with
a disability that is service-connected,as defined in 38 U.S.C. 101(16).
-Small business concern" 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 in 13 CFR Part
121 and the size standard In paragraph(b)of this provision.
-Small disadvantaged business concern,"consistent with 13 CFR 124.1002, means a small
business concern under the size standard applicable to the acquisition,that—
(1) Is at least 51 percent unconditionally and directly owned(as defined at 13 CFR
124.105)by—
(i) One or more socially disadvantaged(as defined at 13 CFR 124.103)and
economically disadvantaged(as defined at 13 CFR 124.104)individuals
who are citizens of the United States,and
(ii)Each individual claiming economic disadvantage has a net worth not
exceeding$750,000 after taking into account the applicable exclusions set
forth at 13 CFR 124.104(c)(2),and
(2) The management and daily business operations of which are controlled(as
defined at 13 CFR 124.106)by individuals who meet the criteria in paragraphs
(1)(i)and(ii)of this definition.
INITIALS &
LESSOR GOVERNMENT GSA FORM 359 a PAGE 9(REV 04r2015p
3
Page 110 of 235
GSA Lease
AGENDA ITEM #2.a.
Exhibit C
-Veteran-owned small business concem"means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined
at 38 U.S.C.101(2))or,in the case of any publicly owned business,not less than
51 percent of the stock of which is owned one or more veterans,and
(2) The management and daily business operations of which are controlled by one
or more veterans.
-Women-owned small business concem"means a small business concern—
(1) That is at least 51 percent owned by one or more women;or,in the case of any
publicly owned business,at least 51 percent of the stock of which is owned by
one or more women;and
(2) Whose management and daily business operations are controlled by one or
more women.
-Women-owned small business (WOSB) concern eligible under the WOSB Program" (in
accordance with 13 CFR part 127), means a small business concern that is at least 51
percent directly and unconditionallyowned by, and the management and daily business
operations of which are controlled y, one or more women who are citizens of the United
States.
(b) (1) The North American Industry Classification System(NAICS)code for this
acquisition is–531120,unless the real property is self-storage(#531130),land
(
190),or residential(#531110).
(2) The small business size standard is$38.5 Million in annual average gross
revenue of the concern for the last 3 fiscal years.
(3) The small business size standard for a concern which submits an offer in its own
name,other than on a construction or service contract,but which proposes to
furnish a product which it did not itself manufacture,is 500 employees
(c) Representations.
(1) The offeror represents as part of 1i1s offer that it is, is not a small business
concern,
(2) [CrnyWfele onlye if this offerm represented ftsaff as asirna,Y humness r0iorern ilrr
pl&,ra,�reph r0ir I)of 1JIlis prrntmian]The offeror represents that it[ I is,[ ]is not,a
s__',disadvantaged business concern as defined in 13 CFR 124100Z
(3) [CompWe on,Jy i�f Ois oftror reiv,esaipireid dsalf as a sawall busiriess concern in
PORI grph(c)(f),sof fhdt paivision]The offeror represents as part of its offer that it
I I is, [ ]is not a women-owned small business concern.
(4) Women-owned small business(WOSB)concern eligible under the WOSB
Program.[Gaimpkqu un,4?d Me uftmraprosonlod ilsolif as a ilvonioif?Ll,%,ned
wnafl,bUMPIG-SS GCNICIRP0111 ff� aalr;qgraph(q)13)1 of fMs proviMcn]The offeror
represents as part- __ _Weer that—
(i) It[ I is,[ I is not a WOSB concern eligible under the WOSB Program,has
provided all the required documents to the WOSB Repository,and no
change in circumstances or adverse decisions have been issued that affects
its eligibility,and
(ii)It[ ]is,[ ]is not a joint venture that complies with the requirements of 13
PFR part 1127,and the refresentation In aragraph(c)(4)(i)of this provision
is accurate for each WOSB concern eligible under the WOSB Program
participali�,v in the joint venture,[The,off6mr shiall onfer Me narne ar narvirrm
Of fh(r 1410oB crpncegn Uirnrjior lJps,0A)SE3 Prrvrwryr ar0other sfr#0
busiriossesthat are parhr�patiiug intlw joird veer ufrl Each
INITIALS &
LESSOR GOVERNMENT GSA FORM 351a PAGE 2(REV 1W±'20115)
94
Page 111 of 235
GSA Lease
AGENDA
ITEM . .
Exhibit C
WOSB concern eligible under the WOSB Programpparticipating in the joint
venture shall submit a separate signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business(EDWOSB)concern,
ornplele nru(l,if the afforor mpresentad itself as a wcnu en 0477ed small
),nrhres icor eni rhgWle underthe WOM Prog#arrn ia 1I0(4)ntOns pmv�rma.]
The offeror represents as part of its offer that—
(i) It[ ]is,[ ]is not an EDWOSB concern eligible under the WOSB Program,
has provided all the required documents to the WOSB Repository,and no
change in circumstances or adverse decisions have been issued that affects
its eligibility.,and
(ii)It[[ ]Is,[ ]is not a joint venture that complies with the requirements of 13
CF part 127,and the representation in paragraph(c)(5)(i)of this provision
is accurate for each EDWOSB concern participatin in the Joint venture.
[l"1wnun"�vM�rcr�n�l�aYnrrnln�rl(rappw nn �rrn�rr� n r�r n�runw�n �td'rn ICY a wuu�r�nu�rw rug
er
at am
Each ED siOSB conte pthe ED ating in the ljoint venture shall submit a 1
WO Brepresentation,
(6) ['„nuNrr,lrN'rtrrI:drNttrr°t'Merw1'l'mor roprOSPMOLI fiWffSS aS,019,01IWr.an(099roncru.isin
parra rwaph(6f1)r�.r�.F'"�tta�r��ry,1°,rr�u�°�I;ru,�rr,,r�rwarrr��]The offeror represents as part of its offer that it
[ ],_Is,[ ] Is not a veteran-owned small business concern.
(7) rnrrPl 1rnrr r��si�(n t[ j is[rrljlis not epsetlry cedisau � or represents
Mnulr a iu u"mun aft
of the ncr°represented rIsa r w Iw tr� rrr.nu���IH�rrraNl
The offeror represents as
part of Its offer that d ble�veteran-owned small
business concern.
(8) [ rrrrrl,P tr rrurrl�'n^tlttdrrr ilrrrn,I,..I rnl rrrtnrr(rtrarl'l nr .w Iwrralq lrlwarrrn rP a NrI lIr
pmagrr°alrh(r),(l)of bins lrx°ovN cion]The offeror represents,as part of its offer,
that—
(i) It[ ]is,[ ]is not a HUBZone small business concern listed,on the date of
this representation,on the List of Qualified HUBZone Small Business
Concerns maintained by the Small Business Administration, and no material
changes in ownership and control,principal office,or HUBZone employee
percentage have occurred since it was certified in accordance with 13 CFR
Part 126,and
(ii)It] ]is,[ ]is not a HUBZone joint venture that complies with the
requirements of 13 CFR Part 126,and the representation in paragraph
(c)(8)(1)of this provision is accurate for each HUBZone small business
concern participating in the HUBZone joint venture.[floc offeror shall enter
tli�r ruwwnra`„Mn Or naw; tn of tlrr l ltllt('::nirrwr mwrrerrtl business concerns- in,
�lhGe§R.tti3Zone,lrrwint uwrwnkwr�n � ]Each HUBZone small business
concern participating in the i'. one joint venture shall submit a separate
signed copy of the HUBZone representation.
(d) Notice.
(1) If this solicitation is for supplies and has been set aside,in whole or in part,for
small business concerns,then the clause in this solicitation providing notice of
the set-aside contains restrictions on the source of the end items to be furnished
(2) Under 15 U.S.C.645(d),anyperson who misrepresents a firm's status as a
business concern that is small,HUBZone small,small disadvantaged,service-
disabled veteran-owned small,economically disadvantaged women-owned
small,or women-owned small eligible under the WOSB Program in order to
obtain a contract to be awarded under the preference programs established
pursuant to section 8,9,15,31,and 36 of the Small Business Act or any other
provision of Federal law that specifically references section B(d)for a definition of
program eligibility,shall—
INITIALS &
LESSOR GOVERNMENT GSA FORM 3518 PAGE 3(REV 6412015)
5
Page 112 of 235
GSA Lease
AGENDA ITEM .
Exhibit C
(1) Be punished by imposition of fine,imprisonment,or both;
(ii)Be subject to administrative remedies,including suspension and debarment;
and
(iii) Be ineligible for participation in programs conducted under the authority of
the Act.
2. 52.204-5-WOMEN-OWNED BUSINESS(OTHER THAN SMALL BUSINESS)(OCT 2014)
(a) Definition.-Women-awned business concern; as used in this provision, means a concern
that is at least 51 percent owned by one or more women; or in the case of any publicly
owned business, at least 51 percent of its stock is owned by one or more women; and
whose management and daily business operations are controlled by one or more women
(b) Representation. [Complete only if the offeror is a women-owned business concern and has
not represented itself as a small business concern in para raph (c)(1) of FAR 52.219-1,
Small Business Program Representations, of this solicitation The offeror represents that it
[ ]is a women-owned business concern
3. 52.222-22-PREVIOUS CONTRACTS AND COMPLIANCE REPORTS(FEB 1999)
(Applicable when the estimated value of the acquisition exceeds$10,000)
The Offeror represents that—
(a) It[ ]has,] ]has not participated in a previous contract or subcontract subject to the Equal
Opportunity clause of this solicitation;
(b) It[ ]has,[ ]has not filed all required compliance reports;and
(c) Representations indicating submission of required compliance reports, signed by proposed
subcontractors, will be obtained before subcontract awards (Approved by OMB under
Control Number 1215-0072.)
4. 52.222-25-AFFIRMATIVE ACTION COMPLIANCE(APR 1984)
(Applicable when the estimated value of the acquisition exceeds$10,000)
The Offeror represents that—
(a) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at
each establishment affirmative action programs required by the rules and regulations of the
Secretary of Labor(41 CFR 60-1 and 60-2),or
(b) It [ I has not previously had contracts subject to the written affirmative action programs
requirement of the rules and regulations of the Secretary of Labor. (Approved by OMB
under Control Number 1215-0072.)
5. 552.203-72 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID
DELINQUENT FEDERAL TAX LIABILITY OR A FELONY CONVICTION UNDER
ANY FEDERAL LAW(DEVIATION)(OCT 2013)
(a) In accordance with Sections 630 and 631 of Division C of the Consolidated Appropriations
Act, 2012 (Pub L. 112-74), and Section 101 of the Continuing Appropriations Act, 2014
(Pub. L. 113-46) none of the funds made available by the Continuing Appropriations Act,,.
2014 may be used to enter into a contract action with any corporation that---
INITIALS a
LESSOR GOVERNMENT GSA FORM 3518 PAGE 4(REV 04120151
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Page 113 of 235
GSA Lease
AGENDA ITEM #2.a.
Exhibit C
(1) Has any unpaid Federal tax liability that has been assessed,for which all judicial and
administrative remedies have been exhausted or have lapsed,and that is not being
paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability,where the awarding agency is aware of the unpaid tax
liability,unless the agency has considered suspension or debarment of the
corporation and made a determination that this further action is not necessary to
protect the interests of the Govemment,or
(2) Was convicted,or had an officer or agent of such corporation acting on behalf of the
corporation convicted of a felony criminal violation under any Federal law within the
preceding 24 months,where the awarding agency is aware of the conviction,unless
the agency has considered suspension or debarment of the corporation or such officer
or agent and made a determination that this action is not necessary to protect the
interests of the Govemment.
(b) The Contractor represents that—
(1) It is[J is not[]a corporation that has any unpaid Federal tax liability that has been
assessed,for which all judicial and administrative remedies have been exhausted or
have lapsed,and that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability,
(2) It is[]is not[]a corporation that was convicted,or had an officer or agent of the
corporation acting on behalf of the corporation,convicted of a felony criminal violation
under any Federal law within the preceding 24 months
6. 52.203-02-CERTIFICATE OF INDEPENDENT PRICE DETERMINATION(APR 1985)
(Applicable when the estimated value of the acquisition exceeds the simplified lease acquisition
threshold)
(a) The Offeror certifies that
(1) ces in this offer have been arrived at independently,without,for the purpose of
=ing competition, any consultation, communication, or agreement with any other
Offeror or competitor relating to(i)those prices, (ii)the intention to submit an offer,or
(111)the methods or factors used to calculate the prices offered,
(2) The prices in this offer have not been and will not be knowingly disclosed by the Offeror,
direct or Indirectly,to any other Offer or competitor before bid opening(in the case of
a sea( Offeror
ed bid solicitation) or contract award (in the case of a negotiated solicitation)
unless otherwise required by law,and
(3) No attempt has been made or will be made by the Offeror to induce any other concern
to submit or not to submit an offer for the purpose of restricting competition
(b) Each signature on the offer is considered to be a certification by the signatory that the
signatory—
(1) Is the person in the Offeror's organization responsible for determining the prices being
offered in this bid or proposal, and that the signatory has not participated and wail not
participate in any action contrary to subparagraphs(a)(1)through(a)(3)above,or
(2) (1) Has been authorized, in writing, to act as agent for the following principals in
certifying that those principals have not participated,and will not participate'in any
action contrary to subparagraphs (a)(11) through (a)(3)
above .[11inseirl.
FU11111 nmne of Densoin(s) iulrl Uhie Offerars argiNiz a5F,67ii r e i c5"him"ble ftir rleteimfliiiiilinn
tilhe pinces offered Ilru this lbild or 111)irolposaii ind Lhe ride of Ns nr her 11:,osi,hon Illi t1i'm
Offeimir's urgaitizatVi'l;
INITIALS a
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AGENDA ITEM#2.a.
Exhibit C
(ii) As an authorized agent, does certify that the principals named in subdivision
(b)(2)(i) above have not participated, and will not participate, in any action
contrary to subparagraphs(a)(1)through(a)(3)above;and
(iii) As an agent, has not personally participated, and will not participate, in action
contrary to subparagraphs(a)(1)through(a)(3)above.
(c) If the Offeror deletes or modifies subparagraph(a)(2)above., the Offeror must furnish with its
offer a signed statement setting forth in detailthe circumstances of the disclosure.
7. 52.203-11 - CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
CERTAIN FEDERAL TRANSACTIONS(SEP 2007)
(Applicable when the estimated value of the acquisition exceeds$100,000)
(a) Definitions, As used in this provision---6obbying contact" has the meaning provided at
2 Q.ZS,Z.. 1�60 The terms -agency,' -Influencing or attempting to influence, -Gfficer or
employee of an agency,"-person."-reasonable compensation, and-fegularly employed"are
defined in the FAR clause at this solicitation entitled -imitation on Payments to Influence
Certain Federal Transactions"(52.203 12L,
(b) Prohibition The prohibition and exceptions contained in the FAR clause of this solicitation
entitled-)imitation on Payments to Influence Certain Federal Transactions" are
hereby incorporated by reference in this provision.
(c) Certification,The offeror,by signingits offer,hereby certifies to the best of its knowledge and
belief that no Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress,an officer or employee of Congress. or an employee of a Member of Congress on
its behalf In connection with the awarding of this contract
(d) Disclosure, If any registrants under the Lobbying Disclosure Act of 1995 have made a
lobbying contact on behalf of the offeror with respect to this contract, the offeror shall
and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying
complete and
to provide the name of the registrants. The offeror need not report regularly
employed officers or employees of the offeror to whom payments of reasonable
compensation were made.
(a) Penalty Submission of this certification and disclosure is a prerequisite for making or
entering into this Contract imposed by ;11 U M, Any person who makes an
expenditure prohibited under this provision or who fads to file or amend the disclosure
required to be filed or amended by this provision,shall be subject to a civil penalty of not less
than$10,000,and not more than$100,000,for each such failure.
8. 52.209-5 - CERTIFICATION REGARDING RESPONSIBILITY MATTERS(APR 2010)
(Applicable when the estimated value of the acquisition exceeds the simplified lease acquisition
threshold)
(a) (1) The Offeror certifies,to the best of its knowledge and belief,that—
(I) The Offeror and/or any of its Principals—
(A) Are[ ]are not I ]presently debarred,suspended,proposed for
debarment,or declared ineligible for the award of contracts by any
Federal agency,
(B) Have[ ]have not[ ],within a three-year period preceding this offer,
been convicted of or had a civil judgment rendered against them for:
commission of fraud or a criminal offense in connection with obtaining,,
attempting to obtain,or performing a public(Federal,State,or local)
contract or subcontract violation of Federal or State antitrust statutes
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Exhibit C
relating to the submission of offersor commission of embezzlement.
theft,forgery,bribery,falsification or destruction of records,making false
statements,tax evasion,violating Federal criminal tax laws,or receiving
stolen property(if offeror checks-have",the offeror shall also see
52209-7,if Included in this sollcitatlon)!;
(C) Are[ ]are not[ ]presently indicted for,or otherwise criminally or civilly
charged by a governmental entity with,commission of any of the
offenses enumerated in paragraph(a)(1)(i)(B)of this provision,
(D) Have[ ],have not[ ],within a three-year period preceding this offer,
been notified of any delinquent Federal taxes in an amount that exceeds
$3,000 for which the liability remains unsatisfied
(1) Federal taxes are considered delinquent if both of the following
criteria apply�
(i) The tax liability is finally determined-The liability Is finally
determined if it has been assessed A liability is not
finally determined if there is a pending administrative or
judicial challenge. In the case of a judicial challenge to
the liability,the liability is not finally determined until all
judicial appeal rights have been exhausted
(ii) The taxpayer is delinquent in making payment A
taxpayer is delinquent if the taxpayer has failed to pay
the tax liability when full payment was due and required-
A taxpayer is not delinquent in cases where enforced
collection action is precluded
(2) Examples,
(I) The taxpayer has received a statutory notice of
deficiency,under I,R,C.§6212,which entities the
taxpayer to seek Tax Court review of a proposed tax
deficiency.This is not a delinquent tax because it is not
a final tax liability.Should the taxpayer seek Tax Court
review,this will not be a final tax liability until the
taxpayer has exercised alt judicial appeal rights,
(1i) The IRS has filed a notice of Federal tax lion with
respect to an assessed tax liability,and the taxpayer has
been issued a notice under I.R.C.§6320 entitling the
taxpayer to request a hearing with the IRS Office of
Appeals contesting the lien filing,and to further appeal to
the Tax Court if the IRS determines to sustain the lien
filing.In the course of the hearing,the taxpayer is
entitled to contest the underlying tax liability because the
taxpayer has had no prior opportunity to contest the
liability.This is not a delinquent tax because it is not a
final tax liability,Should the taxpayer seek tax court
review,this will not be a final tax liability until the
taxpayer has exercised all judicial appeal rights
(iii) The taxpayer has entered into an installment agreement
pursuant to 1,R,C. §6159.The taxpayer is making timely
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----------
Exhibit C
payments and Is in full,compliance with the agreement
terms,The taxpayer is not delinquent because the
taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection.The
taxpayer is not delinquent because enforced collection
action is stayed under 11 U.S.C.362(the Bankruptcy
Code)
(ii) The Offeror has has not[ ],within a three-year period preceding this offer,
had one or more contracts terminated for default by any Federal agency.
(2) -Principal," for the purposes of this certification, means an officer, director, owner,
partner,oratperson,having primary management or supervisory responsibilities within a
business entity(e g., general manager, plant manager head of a division or business
segment;and similar positions)-
This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and
the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to
Prosecution Under Section 1001,Title 18, United States Code
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time
prior to contract award,the Offeror learns that its certification was erroneous when submitted
or has become erroneous by reason of changed circumstances,
(c) A certification that any of the items in paragraph(a) of thisrovision exists will not
necessarily result in withholding of an award under this solicitation.Aowever,the certification
will be considered in connection with a determination of the Offeror's responsibility. Failure of
the Offeror to furnish a certification or provide such additional information as requested by
the Contracting Officer may render the Offeror nonresponsible.
(d) Nothingcontained in the foregoing shall be construed to require establishment of a system
of rein order to render, Inood faith, certification rtification required by paragraph(a) of this
Provision.The knowledge and information of an Offeror is not required to exceed that which
is normally possessed by a prudent person In the ordinary course of business dealings.
(e) The certification in paragraph(a)of this provision is a material representation of fact upon
which reliance was placed when making award. If it is later determined that the Offeror
knowingly rendered an erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract resulting from this
solicitation for default.
9. 52.222-3a - COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS
(SEP 2010)
B submission of its offer,the offeror represents that,if it is subject to the reporting re
39 U.S.C. 4212(d1 Regulation
of
_A2jU (i e., if it has any contract containing Federal Acquisition Regu ation clause
52.222-37, Employment Reports on Veterans), it has submitted the most recent VETS-100A
Report required by that clause.
10. 62,225-20 - PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN
SUDAN—CERTIFICATION(AUG 2009)
(a) Definitions,As used in this provision-
-Business operations" means engaging in commerce in any form, including by acquiring,
developing, maintaining, owning, selling, possessing, leasing, or operating equipment,
facilities, personnel, products, services, personal property, real property, or any other
apparatus of business or commerce,
-Marginalized populations of Sudan"means—
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Exhibit C
(1) Adversely affected groups in regions authorized to receive assistance under
section 8(c) of the Darfur Peace
and Accountability Act(Pub. L, 109-344)(59 701
note;and
(2)Marginalized areas in Northern Sudan described in section 4(9)of such Act
-Restricted business operations" means business operations in Sudan that include power
production
military
i
Act of
operations that the person (as that term is defined in Section 2 of the Sudan AccountabiDity
and Divestment
(1) Are conducted under contract directly and exclusively with the regional,
government of southern Sudan,
(2)Are conducted pursuant to specific authorization from the Office of Foreign Assets
Control in the Department of the Treasury, or are expressly exempted under Federal law
w
from the requirement to be conducted under such authorization,
(3)Consist of providing goods or services to marginalized populations of Sudan,
(4) Consist of providing goods or services to an internationally recognized
peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or
education;or
(6)Have been voluntarily suspended
(b) Certification. By submission of its offer,the offeror certifies that the offeror does not conduct
any restricted business operations in Sudan
11. 52.225-25 - PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN
ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND
CERTIFICATIONS(DEC 2012)
(a) Definitions As used in this provision-
-Person"—
(1)Means—
(I)A natural person,
(ii)A corporation,business association,partnership,society,trust,financial institution,
insurer, underwriter, guarantor, and any other business organization, any other
nongovernmental entity,organization,or group, and any governmental entity operating as a
business enterprise;and
(iii)Any successor to any entity described in paragraph(1)(ii)of this definition,and
(2)Does not include a government or governmental entity that is not operating as a business
enterprise.
--Sensitive technology"—
(1)Means hardware,software,telecommunications equipment,at any other technology that
is to be used specifically—
(i)To restrict the free flow of unbiased information in Iran;or
(ii)To disrupt,monitor,or otherwise restrict speech of the people of Iran;and
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AGENDA ITEM #2.a.
Exhibit C
(2)Does not include information or informational materials the export of which the President
does not have the authority to regulate or prohibitursuant to section 203(b)(3) of the
International Emergency Economic Powers Act(50 U.S.C. 1 702(b)(3)).
(b) The offeror shall e-mail questions concerning sensitive technology to the Department of
State at CISADA1060slate gov.
(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in
accordance with?5_,7Q3A,by submission of its offer,the offeror—
(1)Represents,to the best of its knowledge and belief,that the offeror does not export any
sensitive technology to the government of Iran or any entities or individuals owned or
controlled by,or acting on behalf or at the direction of,the government of Iran;
(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not
engage in any activities for which sanctions may be imposed under section 5 of the Iran
Sanctions Act, These sanctioned activities are in the areas of development of the petroleum
resources of Iran, production of refined petroleum products in Iran, sale and provision of
refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop
certain weapons or technologies;and
(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not
knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard
Corps
. Mts officials, a ents, or affiliates, the property and Interests in propertz of
which are blocked pursuant to t.9
e International E ency Economic Powers Act(60 U.S.C,
1701 at seq.) (see CIFAC's Specia]LDesignated Clonals and Blocked Persons List at
hitp/Iwww treasuLiL.gavlofac/downioa JtJ1 sdn 12dD.
(d) Exception for trade agreements, The representation requirement of paragraph (c)(1) and the
certification requirements of paragraphs(c)(2)and(c)(3)of this provision do not apply if—
(1) This Solicitation includes a trade agreements notice or certification (e.g., 52.225A,
52.225-6,52 225-12,52.225-24,,or comparable agency provision);and
(2) The offeror has certified that all the offered products to be supplied are designated
country end products or designated country construction material.
12. 52.204-3-TAXPAYER IDENTIFICATION(OCT 1998)
(a) Definitions.
-Gommon parent," as used in this provision, means that corporate entity that owns or
controls an affiliated group of corporations that files its Federal Income tax returns on a
consolidated basis,and of which the Offeror is a member.
-Taxpayer Identification Number (TIN)," as used in this provision, means the number
required b the Internal Revenue Service(IRS)to be used by the Offeror in reporting income
tax and by
returns, The TIN may be either a Social Security Number or an mployer
Identification Number.
(b) All Offerors must submit the Information required in paragraphs (d) through (f) of this
provision to comply with debt collection requirements of 31 U S.C. 7701(c) and 3325(d),,
reporting requirements of 26 USC.6041,6041A,and 6050 ,and implementing regulations
issued by the IRS. If the resultincontract is subject to the payment reporting requirements
described in Federal Acquisition Eyulafion(FAR)4.904,the failure or refuse by the Offeror
to furnish the information may result in a 31 percent reduction of payments otherwise due
under the contract.
(c) The TIN may be used by the Government to collect and report an any delinquent amounts
arising out of the Offeror's relationship with the Government(31 U S,C,, 7701(c)(3)), If the
resulting contract is subject to the payment reportin requirements described in FAR 4.904,
the TIN provided hereunder may be matched with IRS records to verify the accuracy of the
Offeror's TIN.
INITIALS &
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AGENDA ITEM #2.a.
Exhibit C
(d) Taxpayer Identification Number(TIN).
TIN:
TIN has been applied for.
TIN is not required because:
Offeror is a nonresident alien,foreign corporation,or foreign partnership that does not
have income effectively connected with the conduct of a trade or business in the
United States and does not have an office or place of business or a fiscal paying
agent in the United States;
r is an agency or instrumentality of a foreign government:
Offeror is an agency or instrumentality of the Federal government;
(e) Type of organization.
Sole proprietorship; [ ] Government entity(Federal,State,or local);
Partnership; [ ] Foreign government;
Corporate entity(not tax-exempt); [ ] International organization per 26 CFR 1,6049-
4;
Corporate entity(tax-exempt); [ ] Other
(0 Common Parent.
Offeror is not owned or controlled by a common parent as defined in paragraph(a)of
this provision.
Name and TIN of common parent:
Name
TIN
13. 52.204-6–DATA UNIVERSAL NUMBERING SYSTEM NUMBER(JUL 2013)
(a)Definition.—0ta Universal Numbering System(DUNS)number,as used in this provision,
means the 9-digit number assigned by Dun and Bradstreet,Inc.(D&B)to identify unique business
entities,which Is used as the identification number for Federal Contractors.
(b)The offeror shall enter,in the block with its name and address on the cover page of its offer,the
annotation-DUNS"or-PUNS+4'followed by the DUNS number or-PUNS+4"that identifies the
offeror's name and address exactly as stated in the offer,The DUNS number is a nine-digit number
assigned by Dun and Bradstreet, Inc.The DUNS+4 is the DUNS number plus a 4-character suffix
that may be assigned at the discretion of the offeror to establish additional System for Award
Management records for identifying alternative Electronic Funds Transfer(EFT)accounts(see
Subpart 32,111)for the same concern.
(c)If the offeror does not have a DUNS number,it should contact Dun and Bradstreet directly to
obtain one.
(1)An offeror may obtain a DUNS number—
(i)Via the Internet at http1fledqov.dnb.com4ebform or if the offeror does not have internet
access,it may call Dun and Bradstreet at 1-866-7D5-5711 if located within the United States;or
(H)If located outside the United States,by contacting the local Dun and Bradstreet office
The offeror should indicate that it is an offeror for a U ,Government contract when contacting the
local Dun and Bradstreet office,
(2)The offeror should be prepared to provide the following information:
(i)Company legal business name.
(H)Tradestyle,doing business,or other name by which your entity is commonly recognized.
(iii)Company physical street address,city,state and ZIP Code
(iv)Company mailing address,city,state and ZIP Code(if separate from physical).
(v)Company telephone number.
(vi)Date the company was started.
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AGENDA ITEM #2.a.
Exhibit C
(vii)Number of employees at your location.
(viii)Chief executive officer/key manager.
(ix)Line of business(industry).
(x)Company Headquarters name and address(reporting relationship within your entity)
14. DUNS NUMBER(JUN 2004)
Notwithstanding the above instructions, in addition to inserting the DUNS Number on the offer
cover page,the Offeror shall also provide its DUNS Number as part of this submission
DUNS#
15. SYSTEM FOR AWARD MANAGEMENT(APR 2015)
The System for Award Management (SAM) is a centrally located, searchable database which
assists in the development, maintenance, and provision of sources for future procurements. The
Offeror must be registered in the SAM prior to Lease award, unless a later registration date is
�ermitted $I and Lease.The Offeror shall register via the Internet at htlosAwww sam oov
To remain active,the Offeror/Lessor is required to update or renew its registration annually,
I Registration Active and Copy Attached
] Will Activate Registration and Submit Copy to the Government Prior to Award
] Will Activate Registration and Submit Copy to the Government within 30 days after Lease
Award(only applies to Disaster Leases using GSA Form 3517D)
OFFEROR OR NAME,ADDRESS(INCLUDING ZIP CODE) TELEPHONE
LEGALLY AUTHORIZED NUMBER
REPRESENTATIVE
Signature Date
INITIALS: &
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AGENDA ITEM #2.a.
itilill I III)
IIIIIIIIIIxhtbl
ADDENDUM to the System for Award Management(SAM) Request for Lease Dated
REPRESENTATIONS AND CERTIFICATIONS(Acquisitions Proposals Number
of Leasehold Interests In Real Property) SA1t0353
Complete appropriate boxes,sign the form,and attach to offer,
The Offeror makes the following additional Representations. NOTE: The"Offeror,'as used on this form,
is the owner of the property offered,not an individual or agent representing the owner.
1. ANNUAL REPRESENTATIONS AND CERTIFICATIONS FOR LEASEHOLD ACQUISITIONS
(APR 2015)
(a) (1)The North American Industry Classification System (NAICS) code for this acquisition is
531120, unless the real property is self-storage (#531130), land (#531190), or residential
(#531110).
(2)The small business size standard is 38.5 Million in annual average gross revenue of the
concern for the last 3 fiscal years.
(3)The small business size standard for a concern which submits an offer In its own name,
other than on a construction or service contract, but which proposes to fumish a product
which it did not itself manufacture,is 500 employees.
(b) The Svstem for Award Management (SAM) is a centrally located, searchable database which
assists in the development. maintenance.and orovision of sources for future procurements.The
Offeror,by signing this addendum,hereby certifies he is registered in SAM.
Registration Active and Copy Attached
2. 552.203-72 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID
DELINQUENT FEDERAL TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW
(DEVIATION)(OCT 2013)
(a) In accordance with Sections 630 and 631 of Division of the Consolidated Appropriations Act,
2012(Pub. L. 112-74), and Section 101 of the Continuing Appropriations Act,2014(Pub L
113-16)none of the funds made available by the Continuing Appropriations Act 2014 may be
used to enter into a contract action with any corporation that—
(1) Has any unpaid Federal tax liability that has been assessed,for which all judicial and
administrative remedies have been exhausted or have lapsed,and that is not being
paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability,where the awarding agency is aware of the unpaid tax
liability,unless the agency has considered suspension or debarment of the
corporation and made a determination that this further action is not necessary to
protect the interests of the Government,or
(2) Was convicted,or had an officer or agent of such corporation acting on behalf of the
corporation convicted of a felony criminal violation under any Federal law within the
preceding 24 months,where the awarding agency is aware of the conviction, unless
the agency has considered suspension or debarment of the corporation or such officer
or agent and made a determination that this action is not necessary to protect the
interests of the Government.
(b) The Contractor represents that—
(1) It is[]is not[]a corporation that has any unpaid Federal tax liability that has been
assessed,for which all judicial and administrative remedies have been exhausted or
GSA FORM 351B-SAM PAGE 1 (04/15)
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AGENDA ITEM
#2.a.
Exhibit
have lapsed,and that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
(2) It is[]is not[]a corporation that was convicted,or had an officer or agent of the
corporation acting on behalf of the corporation,convicted of a felony criminal violation
under any Federal law within the preceding 24 months
OFFEROR OR NAME,ADDRESS(INCLUDING ZIP CODE) TELEPHONE NUMBER
LEGALLY AUTHORIZED
REPRESENTATIVE
Signature Date
GSA FORM 3518-SAM PAGE 2(04115)
106
Page 123 of 235
GSA Lease
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Page 128 f 235
GSA Leap
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Page1 f 235
LeaseGSA
AGENDA ITEM#2.a.
SECURITY REQUIREMENTS - FACILITY SECURITY LEVEL I
THESE PARAGRAPHS CONTAIN SECURITY REQUIREMENTS,AND, UNLESS
INDICATED OTHERWISE,ARE TO BE PRICED AS PART OF THE BUILDING
SHELL.WHERE THEY ARE IN CONFLICT WITH ANY OTHER REQUIREMENTS ON
THIS LEASE,THE STRICTEST SHALL APPLY.
DEFINITIONS:
CRITICAL AREAS -The areas that house systems that if damaged or compromised
could have significant adverse consequences for the facility, operation of the facility, or
mission of the agency or its occupants and visitors. These areas may also be referred
to as 4fhited access areas,""restricted areas,"or-exclusionary zones."Critical areas do
not necessarily have to be within Government-controlled space(e.g., generators,air
handlers, electrical feeds which could be located outside Government-controlled space)..
SENSITIVE AREAS—Sensitive areas include vaults, Sensitive Compartmented
Information Facilities(SCIFs), evidence rooms,war rooms, and sensitive documents
areas. Sensitive areas are primarily housed within Government-controlled space.
FACILITY ENTRANCES, LOBBY, COMMON AREAS, NON-PUBLIC,
AND UTILITY AREAS.
FACILITY ENTRANCES AND LOBBY
EMPLOYEE ACCESS CONTROL AT ENTRANCES(SHELL)
The Lessor shall provide key or electronic access control for the entrance to this building. All
Government employees, under this lease,shall be allowed access to the leased space
(including after-hours access).
COMMON AREAS, NON-PUBLIC,AND UTILITY AREAS.
PUBLIC RESTROOM ACCESS
The Government reserves the right to control access to public restrooms located within the
Space.
SECURING CRITICAL AREAS
The Lessor shall secure areas designated as Critical Areas to restrict access:
Security Requirements(Level 1)(REV 4/10/13)Page 1
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AGENDA ITEM 2.a.
A. Keyed locks,keycards,or similar security measures shall strictly control access to
mechanical areas. Additional controls for access to keys,keycards,and key codes shall be
strictly maintained. The Lessor shall develop and maintain accurate HVAC plans and HVAC
system labeling within mechanical areas.
B. Roofs with HVAC systems shall also be secured. Fencing or other barriers may be
required to restrict access from adjacent roofs based on a Government Building Security
Assessment. Roof access shall be strictly controlled through keyed locks,keycards,or similar
measures. Fire and life safety egress shall be carefully reviewed when restricting roof access.
C. At a minimum, Lessor shall secure building mechanical and janitorial areas including
sprinkler rooms,electrical closets,telecommunications rooms and janitor closets.
VISITOR ACCESS CONTROL
Entrances are open to the public during business hours. After hours,visitor entrances are
secured,and have a means to verify the identity of persons requesting access prior to allowing
entry into the Space.
INTERIOR(GOVERNMENT SPACE)
DESIGNATED ENTRANCES
The Government shall have a designated main entrance.
IDENTITY VERIFICATION
The Government reserves the right to verify the identity of persons requesting access to the
Space prior to allowing entry.
FORMAL KEY CONTROL PROGRAM
The Government reserves the right to implement a formal key control program. The lessor shall
have a means of allowing the electronic disabling of lost or stolen access media, if electronic
media is used.
SITES
SIGNAGE
POSTING OF SIGNAGE IDENTIFYING THE SPACE AS GOVERNMENTAL
Security Requirements(Level 1)(REV 4/10/13)Page 2
114
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GSA Lease
AGENDA ITEM #2.a.
The Lessor shall not post sign(s)or otherwise identify the facility and parking areas as a
Government,or specific Government tenant,occupied facility,including during construction,
without written Government approval.
POSTING OF REGULATORY SIGNAGE
The Government may post or request the Lessor to post regulatory, statutory and site specific
signage at the direction of the Government.
LANDSCAPING
LANDSCAPING REQUIREMENTS
Lessor shall maintain landscaping(trees,bushes,hedges,land contour,etc,)around the facility.
Landscaping shall be neatly trimmed in order to minimize the opportunity for concealment of
individuals and packages/containers.Landscaping shall not obstruct the views of security
guards and CCTV cameras,or interfere with lighting or IDS equipment.
CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN
The Lessor shall separate from public access,restricted areas as designated by the
Government,through the application of Crime Prevention Through Environmental Design
(CPTED)principles by using trees,hedges,berms,or a combination of these or similar features,
and by fences,walls,gates and other barriers,where feasible and acceptable to the
Government.
SECURITY SYSTEMS
No requirements
STRUCTURE
Lessor shall provide written emergency shutdown procedures for air handlers.
OPERATIONS AND ADMINISTRATION
LESSOR TO WORK WITH FACILITY SECURITY COMMITTEE(FSC)
The Lessor shall cooperate and work with the buildings Facility Security Committee(FSC)
throughout the term of the leasee
ACCESS TO BUILDING INFORMATION
Security Requirements(Level l)(REV 4/10/13)Page 3
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GSA Lease
AGENDA
I . .
Building Information—including mechanical,electrical,vertical transport,fire and life safety,
security system plans and schematics,computer automation systems,and emergency
operations procedures—shall be strictly controlled. Such information shall be released to
authorized personnel only, approved by the Government,by the development of an access list
and controlled copy numbering. The Contracting Officer may direct that the names and
locations of Government tenants not be disclosed in any publicly accessed document or record.
If that is the case,the Government may request that such information not be posted in the
building directory.
Lessor shall have emergency plans and associated documents readily available in the event of
an emergency.
Security Requirements(Level 1)(REV 4/10/13)Page 4
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GSA Lease
AGENDA ITEM #2.a.
SMALL BUSINESS SUBCONTRACTING PLAN OUTLINE MODEL)
GSA provides this model as a tool to assist the contractors in completing the required
subcontracting plan. It does not establish minimum requirements for an acceptable plan.
The guidance reflects objectives GSA encourages contractors to adopt and include in there
subcontracting plan. Portions of this sample has been adapted from the material in Appendix
9 of the Small Business Administration's Standard Operation Procedure 60 03 5,
"Subcontracting Assistance Program".
The Plan should cover all the facilities and services which are to be provided during the contract
period. The model is not intended to replace any existing corporate plan which is more extensive,
If you need assistance to locate small business sources,contact: GSA's Business Service Center at
the National Capital Region on 202-708-5804.
Please note that the General Services Administration has subcontracting goals of 37% for small
business(SB), 6'/6/o for Small Disadvantaged Business (SDB), 5% %Women-Owned Small
Business (WOSB), 3% for HUBZone Small Business(HUBZ), 5"/o for Veteran-Owned Small
Business(VOB), and 5%for Service-Disabled Veteran-Owned Small Business(SDVO))for fiscal
year 2006-2007. (FY 08-09 Subcontracting Goals)
DO NOT SUBMIT THIS PAGE AS PART OF YOUR SUBCONTRACTING PLAN.
117
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AGENDA ITEM #2.a.
Subcontracting Plan
This format is used for Real Estate Only
The following guidance outlines fire minf►►mm requirements of Section 8(d)and the Federal Acquisition
Regulation(FAR)Subpart 19.7. This subcontracting plait,and subsequent amendments thereto,is
established to be consistent with the intent and requirements of FAR 51.119-9
This program applies to the following,
Company Name;
Company Address:
(Typed Name)
(Title)
(Signature) (Date)
SOLICITATION FOR OFFERS
1. Type of Plan
❑ Individual Plan All elements developed specifically for this contract and applicable for the full term of
this contract,including option period.
❑ MasterPlan Goals developed for this contract;all other elements standard;must be renewed every
three years
❑ Commercial Plan Used when the company sells large quantities of commercial off-the-shelf
commodities to many Govemment agencies. Goals are negotiated on a company-wide basis.
2.0 Goals
For information purposes only. FAR 19.704(a)(1)requires separate dollar& percenme,goals for using
small,HUBZzone small,small disadvantaged, women-owned small,veteran-owned small,and ser0ce-
disabled veterun-owned small business concerns as subcontractors;and a statenrent of the total dollars
planned to be subcontracted to small,hrrbzone small,small disadvantaged,women-owned small,veteran-
owned small,and service-disabled veteran-owned small business concerns. NOTE. The dollar amounts
planned far subcontracting to SB, HZSB,SDR, WOSB, VOSB,and to SDVOSB concerns must be
expressed as percentages of floe total subcontracting dollars as shown.
1 Sub MODEL Real Estate Constr&Sery-NCR DOC
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AGENDA IT .a.
Subcontracting Plan
This format is used for Real Estate Only
GOALS-The following goals(expressed in both dollars and percentage of the total planned
subcontracting dollars) are applicable to the contract awarded under the solicitation cited above,.
(Goals should be based on total contract dollar.)
DOLLARS PERCENT
(a) Total planned subcontracting to all types of
Business under this contract.
(Initial Term) $ 100%
(Renewal) $ 100%
(b) Planned subcontracting to small business
(including small disadvantaged businesses,
women-owned small businesses, small veteran
-owned and small service-disabled veteran-
owned and small business concerns in
historically underutilized business zones).
(Initial Term) $ %
(Renewal) $ %
(c) Planned subcontracting to small disadvantaged
businesses.
(Initial Term) $ %
(Renewal) $ %
(d) Planned subcontracting to women-owned small
businesses.
(Initial Term) $ %
(Renewal) $ %
(e) Planned subcontracting to small business
concerns in historically underutilized
business zones
(Initial Term) $ %
(Renewal) $ %
(f) Planned subcontracting to veteran-owned
(Initial Term) $ %
(Renewal) $ %
(g) Planned subcontracting to service
-disabled veteran-owned
(Initial Term) $ %
(Renewal) $ %
2 Sub MODEL Real Estate Constr,3 Senn.-NCR DOC
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GSA Lease
AGENDA IT . .
Subcontracting Plan
This format is used for Real Estate Only
GOALS-The following goals(expressed in both dollars and percentage of the total planned
subcontracting dollars)for construction andfor services are applicable to the contract awarded
under the solicitation cited above. (Goals should be based on total contract dollar.)
CONSTRUCTION ASPECT
DOLLARS PERCENT
(c) Total planned subcontracting to all types of
Business under this contract.
(Initial Term) $ 100%
(Renewal) $ 100%
(d) Planned subcontracting to small business
(including small disadvantaged businesses,
women-owned small businesses, small veteran
-owned and small service-disabled veteran-
owned and small business concerns in
historically underutilized business zones).
(Initial Term) $ %
(Renewal) $ %
(c) Planned subcontracting to small disadvantaged
businesses.
(Initial Term) $ %
(Renewal) $ %
(d) Planned subcontracting to women-owned small
businesses.
(Initial Term) $ %
(Renewal) $ %
(e)Planned subcontracting to small business
concerns in historically underutilized
business zones
(Initial Term) $ %
(Renewal) $ %
(f) Planned subcontracting to veteran-owned
(Initial Term) $ %
(Renewal) $ %
(g) Planned subcontracting to service
-disabled veteran-owned
(Initial Term) $ %
(Renewal) $ %
3 Sub MODEL Real Estate Constr d Sery -NCR DOC
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GSA Lease
AGENDA ITEM . .
Subcontracting flan
This format is used for Real Estate only
SERVICES ASPECT
DOLLARS PERCENT
(a) Total planned subcontracting to all types of
Business under this contract.
(Initial Term)$ 100%
(Renewal) $ 100%
(b) Planned subcontracting to small business
(including small disadvantaged businesses,
women-owned small businesses, veteran owned
business, service-disabled veteran-owned and small
business concerns in historically underutilized
business zones)
(Initial Term) $ %
(Renewal) $ %
(c) Planned subcontracting to small disadvantaged
businesses.
(Initial Term) $ %
(Renewal) $ %
(d) Planned subcontracting to women-owned small
businesses.
(initial Term) $ %
(Renewal) $ %
(e) Planned subcontracting to small business
concerns in historically underutilized
business zones
(Initial Term) $ %
(Renewal) $ %
(f) Planned subcontracting to veteran-owned
(initial Term) $ %
(Renewal) $ %
(g) Planned subcontracting to service
-disabled veteran-owned
(Initial Term) $ %
(Renewal) $ %
4 Sub MODEL Real Estate Constr 8 Sery -NCR DOC
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AGENDA ITEM#2.a.
Subcontracting Plan
This format is used for Real Estate Only
3.0 Description of Products and/or Services
For information purposes only. FAR 19.704(a)(3)requires a description ojALL ojfire principal types of
construction andlservices to be subcontracted and an identification of the types planned for subcontracting
to SB,HZSB,SDB, WOSB, VOSB;and to SDVOSB concerns. Note. The plan will be refected Fthis
information is not included.
(Check all that apply).
Construction Aspect:
BUSINESS CATEGORY OR SIZE
PRODUCT/SERVICE INAICS1LARGE I SMALL I SDB 1WOSB1 HUB- VO SDVO
BUS. ZONE SMALL SMALL
(Attach additional sheets if necessary.)
Service Aspect-
5 Sub MODEL Real Estate Constr 8 Sery -NCR DOC
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AGENDA ITEM#2.a.
Subcontracting Plan
This format is used for Real Estate Only
BUSINESS CATEGORY OR SIZE
PRODUCTISERVICE NAICI LARGE SMALL SDB WOSB HUB- VO SDVO
BUS. ZONE SMALL SMALL
(Attach additional sheets if necessary.)
Sub MODEL Real Estate Constr,&Sery •NCR DOC
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AGENDA ITEM #2.a.
Subcontracting Plan
This format is used for Real Estate Only
4. Provide a NARRATIVE description of the methods used to develop the subcontracting GOALS.
For information only,FAR 19 704(a)(4)requires a dgsqkgon of the method used to develop the subcontracting goals; Explain the
method used and state the basis for establ[shing your proposed goals,provide jusliLiveli2njor any low goal(s).and stale hour the
supplies'services to be subcontracted were determined(t e based on hislortcal data and experience,market research,etc
Explain how the capabilities of SB, VOSS, SDVOSB, HSS, SOB, and WOSB and the types of
Supplies and services to be subcontracted to them were determined. Identify any source lists used.
Include attachments as needed.
............... ............
................................... .................................. ........................... .................. ........ ................ -------
............................—
S. Provide a NARRATIVE description of how you identified potential sources for solicitation
purposes:
For information purposes only. FAR 19.704(a)(5)requires a description of the inelloodused lo identify
poleittialsources for solicitalloto purposes. Identify all source lists used in the determination.
Explain what existing source lists; Central Contractor Registration(CCR)Database:veterans
service organizations;the National Minority Purchasing Council Vendor information Service, the
Research and Information Division of the Minority Business Development Agency in the Department
of Commerce;or SB, HSB, SDB, and WOSB trade associations, or any other resources used to
identify potential sources.
............................................ ................................ ......-............
.......... ............
............................. ....... .... ..............................
-—-------—-...............
7 Sub MODEL Real Estate Const &Sery -NCR DOC
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AGENDA ITEM #2.a.
Subcontracting Plan
This format in used for Real Estate Only
6. Indirect and Overhead Costs
For information purposes only. FAR 19.704(a)(6)requires a statennent as to whether or trot your company
included indirect costs in establishing subcontracting goals,and a description of lire method used to
determine the proportionate share of indirect costs to be incurred with SB,HZSB,SDB, WOSB, VOSB;and
SDVOSB concerns.
Indirect Costs(Check one): 'i have been included 7, have not been included in the goals specified in
within this plan.
S(a). If direct costs have been included,provide a NARRATIVE explanation of the method used in
determining the proportionate share of indirect and overhead costs to be allocated as subcontracts to
SB, VOSS, SDVOSB, HSB, SDS, and WOSB.
7. Program Administrator
For information purposes only. FAR 19.704(x)(7)requires information about the company employee who
will administer the subcontracting program. Please provide the name,title,address,telephone number,far
machine number,position within the corporate structure,and lite duties of that employee. Provide alternate
point of contact responsible for subcontracting PLAN.
The Company Small Business Liaison Officer(SBLO)who will administer the Plan is as follows:
Name: Title:
Position:
Telephone: FAX
Address:
8 Sub MODEL Real Estate Constr &Sent-NCR 00
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GSA Lease
AGENDA ITEM 2.a.
Subcontracting Plan
This format is used for Real Estate Only
The Plan Administrator is required to perform the following duties and coordinate the company's
activities during compliance reviews by Federal agencies.
A. Developing and promoting company/division policy statements that demonstrate the
company'sldivision's support for awarding contracts and subcontracts to small, HUBZone
small, small disadvantaged, women-owned small, veteran-owned small, and service-disabled
veteran-owned small business concerns.
B. Developing and maintaining bidders'lists of small, HUBZone small,small disadvantaged,
women-owned small, veteran-owned small, and service-disabled veteran-owned small
business concerns from all possible sources.
C. Ensuring periodic rotation of potential subcontractors on bidders'lists.
D. Assuring that small, HUBZone small, small disadvantaged,women-owned small, veteran-
owned small, and service-disabled veteran-owned small businesses are included on the
bidders'list for every subcontract solicitation for products and services they are capable of
providing.
E. Ensuring that subcontract procurement"packages"are designed to permit the maximum
possible participation of small, HUBZone small, small disadvantaged,women-owned small,
veteran-owned small, and service-disabled veteran-owned small businesses.
F. Reviewing subcontract solicitations to remove statements, clauses, etc.which might tend to
restrict or prohibit small, HUBZone small, small disadvantaged,women-owned small,veteran-
owned small, and service-disabled veteran-owned small businesses.
G. Ensuring that the subcontract bid proposal review board documents its reasons for not
selecting any low bids submitted by small, HUBZone small, small disadvantaged,women-
owned small, veteran-owned small, and service-disabled veteran-owned small businesses.
H. Overseeing the establishment and maintenance of contact and subcontract award records.
I. Attending or arranging for the attendance of company counselors at Business Opportunity
Workshops, Minority Business Enterprise Seminars,Trade Fairs, etc.
I Directly or indirectly counseling small, HUBZone small, small disadvantaged,women-
owned small, veteran-owned small, and service-disabled veteran-owned small business
concerns on subcontracting opportunities and how to prepare bids to the company.
9 sub MODEL Real Estate Constr&sery -NCR DOC
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AGENDA ITEM#2.a.
Subcontracting Plan
This format is used for Real Estate Only
K. Providing notice to subcontractors concerning penalties for misrepresentations of business
status as small, HUBZone small, small disadvantaged,women-owned small, veteran-owned
small, or service-disabled veteran-owned small business for the purpose of obtaining a
subcontract that is to be included as part or all of a goal contained in the contractor's
subcontracting plan. Small disadvantaged and HUBZone small business concerns shall
provide a copy of their Small Business Administration (SBA)certification. (Each SB,WOSB,
VOSB, and SDVOSB concern on record as a potential subcontractor shall complete a self-
certification form stating their business size. A penalties clause for falsifying information will
also be on the form according to the legal statute 15 U.S.C. 645(d). Note, the following notice
will read near the business owner's signature. "NOTICE:_In accordance with U.S.C. 645(d),
any person who misrepresents a firm's proper size classification shall (1) be punishable by
imposition of a fine, imprisonment, or both, (2) be subject to administrative remedies. and(3)
be ineligible for participation in programs conducted under the authority of the Small Business
ACID"
L. Conducting or arranging training for purchasing personnel regarding the intent and impact of
Section 8(d)of the Small Business Act on purchasing procedures.
M. Developing and maintaining an incentive program for buyers, that supports the subcontracting
program.
N. Monitoring the company's performance and making any adjustments necessary to achieve the
subcontract plan goals.
O. Preparing and submitting timely reports.
P. Other duties: NARRATIVE
10 Sub MODEL Real Estate Constr&Sery -NCR DOC
GSA/NCR-Last update:June 200a
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GSA Lease
AGENDA ITEM #2.a.
Subcontracting Plan
This format is used for Real Estate Only
8. Equitable Opportunity
For information purposes only. FAR 19.704(a)(8)requires a description of lite efforts the contractor will
make to ensure that SB,HZSB,SDB, WOSB, VOSB,and SDVOSB concerns ivill have an equitable
opportunity to compete for subcontracts.
We will make the following efforts to ensure that SB,VOSB, SDVOSB„ HSB, SDB, and WOSB have
an equitable opportunity to compete for subcontracts:
A. Outreach efforts to obtain sources:
1. Contacting minority and small business trade associations;
2. Contacting veterans service organizations;
3. Contacting business development organizations;
4. Attending small and minority business procurement conferences and trade fairs; and
5. Using CCR.
B. Internal efforts to guide and encourage purchasing personnel:
1. Presenting workshops, seminars, and training programs;
2. Establishing and maintaining SB,VOSB, SDVOSB, MSB, SDB, and WOSB source
lists, guides, and other data for soliciting subcontracts; and
3. Monitoring compliance with the subcontracting plan.
C. Additional efforts: NARRATIVE
9. Flow Down Clause
For information purposes only. FAR 19.704(a)(9)requires drat your company include FAR 52.219-8,
"Utilization of Small Business Cancers"in all subcontracts that offer further subcontracting
opportunities. Your company must require all subcontractors,except small business concerns,that receive
subcontracts in excess of S550,000(51,000,000 for construction)to adopt a plan that complies with the
requirements of the clause at FAR 52.219-9, "Small Business Subcontracting Alan.')
We will include the"Utilization of Small Business Concerns"clause in all subcontracts that offer
further subcontracting opportunities.We will also require subcontractors(other than small business
concerns)that receive subcontracts in excess of$550,000($1 million for construction of a public
facility)to adopt a subcontracting plan that complies with the requirements of the clause at FAR
52.219. Small Business Subcontracting Plan.
]] sub MODEL Real Estate Constc 8 Serv.-NCR DOC
GSAINCR-Last update,June 2008
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GSA Lease
AGENDA ITEM#2.a.
Subcontracting Plan
This format is used for Real Estate Only
10. Reporting and Cooperation—
For htformation purposes only
•FAR 19.704 (a)(10)requires assurances that the offeror will:
(1)Cooperate in any studies or surveys as may be required,
(2)Submit periodic reports so that the Government can determine the extent of compliance by the
offeror with the subcontracting plan;
(3)submit the Individual Subcontracting Report(ISR), and the Summary Subcontract Report(SSR)
using the Electronic Subcontracting Reporting System(eSRS)(http:/lesrs.gov),following the
instructions in the eSRS;
(4)Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR
using the eSRS;
(5)Provide its prime contract number and its DUNS number and the e-mail address of the
Government or Contractor official responsible for acknowledging or rejecting the reports, to all first-
tier subcontractors with subcontracting plans so they can enter this information into the eSRS when
submitting their reports; and
(6) Require that each subcontractor with a subcontracting plan provide the prime contract number
and its own DUNS number, and the e-mail address of the Government or Contractor official
responsible for acknowledging or rejecting the reports, to its subcontractors with subcontracting
plans.
These reports must be received within 30 days after the close of each calendar period. That is:
Calendar Period Report Due Date Due Send Report To
10101-03131 ISR 04130 contracting officer with copy to
bscncr(c)asa.aov
04101-09130 ISR 10130 contracting officer with copy to
bscncrCa.asa.aov
10101-09130 SSR 10130 contracting officer with copy to
OSDBU's Janice.kevs@gsa.aov
11. Recordkeeping—
FAR 52.219-9(4)(11)requires a list of the types of records your company will maintain to demonstrate the
procedures adopted to comply with the requirements and goals in the subcontracting plan. These records
include,but are not limited to,the following.
We will maintain the following types of records on a[company-wide][division-wide] basis:
A. Source lists,guides,and other data that identify SB, VOSB, SDVOSB, HSB, SDB, and
WOSB;
B. Records that identify organizations contacted in an attempt to locate SB,VOSB,
SDVOSB, HSB, SDB, and WOSB sources;
C. Records on each subcontract solicitation resulting in an award of more than$100,000
indicating: (1)whether SB were solicited, and if not,why not; (2)whether VOSB were
12 Sub MODEL Real Estate Constr,S Sery NCR DOC
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AGENDA ITEM 2.a.
Subcontracting Plan
This format is used for Real Estate Only
solicited, and if not,why not, (3)whether SDVOSB were solicited, and if not,why not; (4)
whether HSB were solicited, and if not,why not; (5)whether SDB were solicited, and if
not, why not; (6)whether WOSB were solicited, and if not,why not;and(7) if applicable,
the reason that the award was not made to a small business concern;
D. Records of outreach efforts, e.g,,, contacts with trade associations, business
development organizations, veterans service organizations; attendance at
conferences and trade fairs to locate SB, HSB, SDB, and WOSB sources;
E. Records of internal guidance and encouragement provided to buyers through: (1)
workshops, seminars,training, etc.; and(2)monitoring performance to evaluate
compliance with the program's requirements; Include the following paragraph unless
you have a commercial plan.
F. On a contract-by-contract basis, records to support subcontract award data including the
address, and business size of each subcontractor
G. Additional Records:NARRATIVE
This subcontracting plan was submitted by:
This subcontracting plan was submitted This subcontracting plan was accepted by:
by:
Signature: Signature:
Typed Name: Typed Name:
Title: Title: Contracting Officer
Date:
Date:
This subcontracting plan was reviewed by: This subcontracting plan was reviewed by:
Signature: Signature:
Typed Name: Typed Name:
Title: Small Business Technical Advisor Title: SBA PCR
Date: Date:
13 Sub MODEL Real Estate Constr 3 Sent-NCR DOC
GSAINCR-last update June 2008
130
Page 147 of 235
GSA Lease
AGENDA ITEM#2.b.
diad'.bland Borough
MEM"ORANDUM
To- Honorable Mayor and Assenibly Members
of the MAW.,:.. lTd.B'Prough
THROUGM I j ag'6 Manager
S
.Fir
FROM: Knifleton ho FinancelArector
SUBJECT: 2017 budget re.School District.teting
E%Tll�,-, February 18,2016
As always,School Disaict funding is a huge,(largest),part of the Borough's annual budget. At
this flme we will discuss the issues p ertainin il,o the funding of the School District.
DIREM' APPIROPPIA"rioN VERSUS EN K1,ND J_APIPILOPRIA HONS,_
"nci,3orougi cart nvgr,the wake local contribution to the School Disvict as a direct
conhibution whm-e the cash is just moved dimcily to khe school districk. The Borough
can also rwulw pwi of our kxaf contributions as"fin...Und". In thic past the Borough has
decided to make part of ouur approprialions as in-kind sei'vices.
These include:
L Propcirty Insurance,
2. Liability Insurance.
3. Audit.
C Menud Ilealth Ser4ces,
There are,s vend reasons foi-the Borough to pay fir these services.
1, Economics of scale
2. To ensure adequate insurance fbF,Borough owned school property and equipment
I To ensure adequate insurance is in place ftic any other fiabilifles., The Borough is
uldrnmAy responsible l'hr any claims binught against the School District.
4. To ensure an adequate audh.
5. To ensure adequate rnental Ilncrulth servwes we provided.
Ad
Having an adequate fund balance is very importard.for curry orp ding our
anizat.ion,hiclu
school district.
There are seveml reasons[nr an organiYation to have an adequaic fund lugnce.
These include:
If. Cashflow having enough cash to pay b:ills before revenues are received.
Page 148 of 235
School District Budget Discussion with the School Board
AGENDA ITEM #2.b.
2, Have ii"rii:ze.rve"in case budgeted revervue is not received,or for unexpec,lied
expenses that were not b,udgeled for.
Sin=thC SCIIIA District is fiart of"i Bii cash flow is ii an issiue. The Borough Ihaas
adequate cash to atake payatents anany expenditure the School Ell"LIAT'lld May incur. Again,since
the Schooll Disniirt liq part of the Borough iftlimSchool,DisitHeit docshave,eft1her a revenue
shortfalFor unexpected expendliaiiii the Borough has adequate Ilreservirs to"cover"iihis
unexpected s1hortfall.
It is helpfitill 1:11)fla"ve as larger fund ballance in the Boviough's Orneiii-A Fund thm in lhC SOVOW
11)isil�rict,'s genii Tim rriain reason is that,ivIlhen the funids are locatii in the General Fiand thii:-y
can bc losed for mijiv Fund wiiihin the Borough. When fty ii in the SchoW Dkiiiii SpeciW
Reveii Fii.iiixid(14cy can only bi i.iised by flie Schooll District.
Atlune 30,210 f 5 Nie School Disuicir had a General Fund fund,balance of$9,097,533
Resevvedo i Unsimserved PatIM
7-
Inventory 425,0,3
limpactAild 2,059,217
Seff-insuir once 2,375,0001 75.WO
Unii
Deslitlinated For cognpi d abitiii 536,291 S36,1281
Undesilginated 170:L998 Im�.V
7 . .............. :� 8
75 9.-2s 4 4a23&279 9.097433
.....................................
My understanding is thall,'when the School.iDlislirict reserves Fiat of their fund balarice for'1117111pact,
ald"thrsxhiool board am"unrestrict!'that part ofiffilei,ir Fund 11:)allani that wass reservv:1., Thesic
fundswere reserved becriuse the revervRe was received in FY2015 but shii not be spent until
Ff2016.
[have attached an COPY of part.of the Fairbanks North Shur Borough's lCode refafling Ito.school
disuict funtfiri 11.n thisviction of their ciode the IF`airbanks North Star Rioraugh sels a rnaxig-flum
amount:of Barough funi1ing
.,thailicajin!be retained'11:)y ilheschW disildict:nit the end of the year and
WhW portion il)f their fund Illbaadaunce"lapses"Nackto the Borough, till is Fliig to nii
28376 of arry lapse goes to as schooll district I"acifit,iies mservi!:.fund fair rwtjor maintenance,,,
repairs,anid upgrades of beirouglii school distiriel ["lucilkiles.
The:113orough diwas!nn:t have line ifirmautihorilty over the school district budg;et. "I"hey only fu ive
i over the tovall appyopriatiOrk gften taro lhc schoof Idllfslifict, IBecause of this the'lBorough
AsserniblY can onky,review the School INstrict budge and dieem if UDe requestedappiropiriadOn is
corram lif"fl-tey feell that sli iteints should belbuidgeted[D'Wer,or not im all,they can ii tdie
tovai approlivinflion. nx Assembly can alsoiricni law tulall appriapriation if they frel it is
neces!:,,ury.
I f'110pe lifilak this mciinal helps you inreviewfing and appiroving 11.1iie local conilribution to the School
Disit,rict this year. Ixt me know ilf]can be of rnore assistaflev.
Page 149 of 235
School District Budget Discussion with the School Board
AGENDA ITEM #2.b.
Fairbanks Nadh SW Bumugh iCods of Ordinances
E.NoWthstanding Mhor pro0sions ol 0-0s secHon, heg.ct!22 P d.i..-. [maycarry over from one year to the nwd
................................
w-iassigned tcxmat,jgp
EV
gt�;q ra und Mancms,not exceE4ngsevere perceffl ial the gDcW contribution to
education ter that fiscal year.The first 28 5 percent of theMiM annual lapse skull,lo ffie extent pe.nWfied by
taw,,tapsto thea;U.p
ggjj's,,. daidd ladl!fies reserve fundforMe purpose ol ma or maintenance,repMrg
.............................. ..................
and upgmdeis of fx-)numb "Annual htp9iie is definedas the net change in MW ganerM
-M , I,
Wanes,on a bud�etary bzsis'"afler InGWOng,as revenue,Th acarTyavorammird assWned in the
pdar yearto he wised for expenditures in the curren't year and the re rnount of the Mpsetaro the v8servie(y 'r
shafl
be wmpped,V nece5sanj,so that tM annual tapso to Ma rmwrve&n_Lfdoes not exemed t ,000,The
raspftendent ol schools,ishWt mmount separaWy larthe tar M,&I&Cn as pro iatz baMs,by apptyng,'to the
�,rifa&knlo 11he MM actual Fewonues tan the
;t:V isral opier kn--the sama ftscM, e,ar endlgig,June 301h.To ffie eMent permMed by
jjZg..Ws ger aHng fund
, I..................I V
taw,the nakxgated Iltxt pw-fion in emesa of die seven percionUgiah lapse In Me L.)o .k
facIfifies misinlemihnre reserver f.u.9d excippi for anyqAthis podion forma:Hy destgrraled by Me schaW board to be
used tour expan0ures in the liryunediaWy subsequent fiscM year.The carryolver amount formaRy dsstgnalud by
the school board to be used kv expenditures In ihe immed[a'Wy subsequent kscal year shatt be shown as kxW
revenues IF= 1he hnrvgah iIn that(ofloodrig,naes budget.Any Mpse k)U-is JM�.M H be accounted for
..,.g.i.q
V 11 she
separately by thea gf districl and shaH rml be netted nrwtth the laii-W arnaunl apprapdated by the sssernbly.
(girt.2012-12§2,2012;Ord,,2012-0 1§:1,20'112„10r&2009-49§2,20Mt Ord.,2009-37§2,Vm�Ord.2'005�
72§2,2DQ5;Ord.2001-G7§2,2001�Ord,85--M)W§2,198:5)
101.0161 Reimbursement to the schoot-distrlat McUftles maintenenicz rpiser've.
To the Went a prqjacl is p6d VDr bytheMb.22fV.�j„�j faclhfies malintenance reserve,auny,ltetaMuecaetvremtna
givan fiscal yenr In Wmbumement of that projPci are appropdated on,Ji.fly tat W the subsequisMI rescad yearand
shaH be Vanslarrml WD M8 bran e29j&A=&1acWfles malIntana"ce reserve,fCW.20'114.4.9§2,201 4)
3
Page 150 of 235
School District Budget Discussion with the School Board
AGENDA ITEM #2.b.
MELVIN M. TEP ENS, 11
A PROFE351URAL COMPDRAINON
ATTORNEY AT LAW
326 CENTER AVENUE,SWTE QUA
VO.BOX 1329
KODIAK,ALASKA MIS
TELEPMONE MM 406 3043
MEMORANDUM
TO: KIB Mayor&Assembly
FROM: Mel Stephens 71-
RE: School District Funding for FY 2017
DATE- February 1, 2016
The KIBSD ® of Education held a work session this past Monday,January 25, to begin
discussion of the FY 2017 budget.
Estimates of to revenues likely w be available were presented under five different
scenarios, as set forth in the final five columns of the accompanying Exhibit 1. The variables
involved were KE3 ftinding—
• At "the Cap" -i.e.® the maximum allowable local coo uibution;
• At the same level as FY 16- at funding,and
• Assuming a reduction of$800.000 as compared to FY 16;
and State funding based upon either a$50 increase in the BSA(Base Student Allocation)or at the
same BSA as was used last year.I As you can see, the five scenarios presented produce estimates
of total revenue between$47.4 million and$45.7 million, which figures include an assumed use of
® in ftmd balance. For the current year the district's original budget assumed$46.9 million
in revenue. That figure and has now risen to$49.9 million as the result of the district's Winter
Revision of its budget.
I A school district's state funding is determined by (1) multiplying its enrollment, or ADM
(Average Daily Membership),after adjustment for a number of different factors involving local costs
and needs, by the BSA and then subtracting the local contribution required by statute and a portion
of the federal impact aid which the district receives. The result of this calculation is sometimes
called "foundadoo' or "foundation formula" state aid or funding. If the BSA remains unchanged
from FY 169 the district estimates that it will receive $26,920,447 in state foundation formula
funding in FY 17. If the BSA is increased by$50(from$5.880 to$5,930),this estimate increases
by $270,005 (to$27,190.452). The district's estimated FY 17 enrollment is 2,416(including 112
correspondence students), s®these figures are equivalent to approximately $11,143-$11,254 per
student.
Page 151 of 235
School District Budget Discussion with the School Board
AGENDA ITEM #2.b.
Mayor&Assembly -2- February 1,2016
On the expenditure side of things, the proposed FY 17 general ftmd budget presented to the
Board was identical, in each and every line item, to the district's original FY 16 budget® This was
merely a way of providing a starting point for future discussions of KIBSD expenditures in FY 17.
The attached Exhibit 2 showing these proposed expenditures is helpful, however, as it also shows
how the$2,997,384 of additional expenditures in the Winter Revision of the school district's FY 16
budget are distributed,
Ile Board asked whether I thought an early joint work session with the Assembly would be
possible and I said that I thought it would be but that, personally, I felt the need for a relatively
detailed justification of the FY 16 Winter Revision as a prerequisite to such a session. I was left
with the impression that something along these lines would be forthcoming in the near future.
Because my concerns with respect to the FY 16 Winter Revision are likely to influence my
evaluation of the districts FY 17 budget needs,I will now set forth those concerns in some detail.
Let me stress in advance,however, that I am not an accountant and that the following questions or
comments do not represent hard and fast conclusions on my part. Rather,they are initial impressions
offered for the purpose of facilitating further discussion of local hinding for the school district this
coming year.
Alaska law is explicit in stating that a school district—
.may not accumulate in a fiscal year an unreserved portion of its
year-end fund balance in its school district operating firrid. . . that is
greater than 10 percent of its expenditures for that fiscal year.'I
If this restriction is violated, then the amount of state aid that would otherwise be paid to the district
will be reduced, dollar for dollar, by the amount of the excesO
Over the past several years, the annual expenditures made by the Kodiak Island Borough
School District have been significantly less than the revenues which it has received. As illustrated
by the following table,this has necessarily produced a significant increase in the fund balimcc of its
General Fund,so much so that the unreserved portion of that finad balance has come perilously close
to exceeding the 10 percent findiation imposed by statute.'.
AS 14.17.505(a). Emphasis added.
AS 14.17.505(b) reads: "The department [of education] shall review each district's annual
audit. " . for die preceding fiscal year to ascertain its year end-operating fund balance, The amount
by which the unreserved portion of that balance exceeds the amount permitted in(a) of this section
shall bededucted from the state aid that would otherwise be paid to the district in the current fiscal
year..
' For example, at the close of FY 2013, the district had accumulated a toud OF fund balance
of approximately$4.5 million, of which$3,993,330 was unreserved. That was 8.73 percent of the
district's expenditures for that year(which were$45,742,181). The expenditure figure is taken from
Ex. E-I at p. 15 of the FY 13 audit.
Page 152 of 235
School District Budget Discussion with the School Board
AGENDA ITEM #2.b.
Mayor&Assembly ®3® February 1,201
KIBSD AUDIT FIGURES
GF Fund I
Excess of Revenues r Expenditures
(A) Total OF Fund Balance Unessignedl Excess of OF RevenuesOver
FY (Eir.E rJ Undesigneted Expenditures
OF FR
! 1J
(Ex. l
11 fCJ 0 9J fJ
Beginning Ending End of FY Actual Variance
from Final
Budget
1 T7®533
1 .-...G.,647,620. 1097,633 3,701,998 , 3,55 4,498,144
14 4,850,555 6,647,620 3,705,117 1,873,099 5.491.979
13 2,951,876 4, 50®555 3,993,330 2,151,022 3,295,563
12 2,524,941 2,951, 76 1,545,774 604,393 1,394,751
11 4,519,749 1 2,524,941 998,678 -1,800,413 ®4,069
10 3,905,541 1 4,519,749 1,7134® 0 830,219 1,774,172
6]9 2,27 ,395 3,905,541 11917,354 1,663447 21277.30
5
2,275,396722,512 1,248,944 208,011
The pattern of revenues exceedingi resulted in a$4.25 million(87.5 )increase` e
district's total ener rad balance(to over ion)over the two year ri encompassing
ITY 14 and FY 15.1 Expenditures and accounting practicesO actually produced a slight decrease
e unreserved portion of the fund balance over tWs same period, but by the close of FY 15 oast
June 30), unreserved fimd balance was still over 7 percent of the expenditures proposed e
original FY 15 budget.
' Budgets are only estirnatesof revenues and expenditures, o se, and it is ordinarily
regarded a good thing to finish a y "under budget" — i.e.® having spent less than one
anticipated. That being said, a loo trend of revenues significantly exceeding expenditures
problematic for an Alaska school district due to the fund balance limitation imposed b
AS 14.17.505.
b Accepted accounting r do permit a certain amount of flexibility in how a school district
handles its total fitrid balance. For instance, if a certain portion of fund balance is intended
used for a specific purpose, it is deemed to be "assigned" fluid balance and is not treated as
" " fund balance within e meaning of AS 14.17.5 01
Page 153 0f 235
School District Budgeti s ssioit the SchoolBoard
AGENDA ITEM#2.b.
Mayor&Assembly -4- February 1,2016
For FY 16 the school district adopted an original budget totalling$46,923,938,the revenue
side of which included $10,905,600 from the Kodiak Island Borough, $27,387,746 in state
foundation formula funding and only$500,000 from unreserved fund balance. Earlier this month
it approved a Winter Revision which added approximately$2.3 million of expenditures, primarily
in non-personnel categories such as supplies($759,599)and equipment($681,785) to That budget.
After factoring in a loss of$517,872 in state aid(due to lower enrollment then had originally been
esdinated)and a slight increase in federal aid,the Winter Revision balanced the revised budget with
$2,555,744 of Undesignated Fund Balance."
In a January 6 memo to the School Board,8 Superintendent McDonald no that the past
three years reflected expenditures averaging only 92 percent of to revenue and speculated that,
absent the proposed Winter Revision, "circumstances such as a wann winter,low insurance use,and
late purchasing[could produce in unreserved] fund balance . . . as high as$5.6 million, which is
twelve per cent(12%)unassigned fund balance."' I take this to mean that,absent the proposed use
of the district's unreserved fund balance to fund the additional expenditures of the Winter Revision,
the FY 2016 audit would likely reflect an unreserved fund balance as high as 12 percent of
expenditures and thus result in a mandatory reduction ins aid(which could be as much as$1
million).
I understand the argument that the KIBSD 'had" to spend down its increasing fund balance
in order to avoid the prospect of a significant loss of state funding Ns coming year. I also no the
suggestion that the district's original budget for FY 16 was only"preliminary"and that it reflected
reductions in supplies/materials, equipment, and professional materials that were "intended to be
brought back into the budget as capacity[was]determined during the year and when the hind balance
[was]determined in Octoben""'
I nevertheless find these budgeting practices to be troubling. As an assembly member
charged with deten-nining what portion of the Borough's limited resources should be dirmted to the
school district operating budget, I expect the district to come forth with a real budget showing its
best estimate of the expenditures it actually intends to make in the coming fiscal year, not a
.preliminary"budget which it fully intends to revise in a major way six months into the fiscal year.
An additional$675,000 was taken from reserved fund balance"to cover self-insurance needs
based on the Affordable Health Care Act (ACA)." Ex.4, p° 3 of 6.
11 A copy of the memo is attached as Exhibit 3. The Winter Revision is also discussed in a
December 29 memo from Sandy Daws, KIBSD Director of Accounting, to Superintendent
McDonald. Miat memo is attached as Exhibit 4.
Ex. 3 at pp. 3-4.
KIBSD FY 2016 Budget Book at 9. An actual enrollment count in October removes the
uncertainty inherent in having to estimate the coming school ®s enrollment as the budget is being
developed for any given fiscal year. The actual count allows the district to calculate with greater
certainty the revenue it will actually receive in stoic foundation formula 14riding and thirt, in turn,
reduces the difficulty of precisely estimating tisistrict's fund balance at the end of the fiscal year.
Page 154 of 235
School District Budget Discussion with the School Board
AGENDA ITEM #2.b.
Mayor&Assembly m5® February 1,2016
It is common knowledge that the State of Alaska and all of its municipalities are ctirrently
faced with extremely difficult financial circumstances which are likely to be with us for some time.
Given this reality, it disconcerting to find that,at virtually the saw time the Borough Assembly was
pressing staff to produce a prelirnmary FY 17 budget reflecting substantial cuts in a wide variety of
line item (including Assembly stipends), the Kodiak Island Borough School District was pressing
forward with a budget revision adding $2.3 million ® additional current year expenditures. I
understand the concern about reducing the district's unreserved fund balance before the end of the
current fiscal year, but at first glance it does not appew that a significant portion of the Winter
Revision expenditures will reduce the district's FY 17 budget needs,and therefore its request for KEB
funding, during the impending budget discussions.IL e Assembly has yet to receive the district's
funding request for FY 179 so my supposition that it is unlikely to be reduced substantially from that
for FY 16 may be incorrect.
Finally, let the emphasize that the primary torus of my concerns iso the recent trend,
undeniably established by for audits,of increasing school district fund balances and not on the
details of how fund balance was distributed among different categories for any given fiscal year.
Therefore,my concerns will not be assuaged by explanations as to how federal impact aid or other
individual line items or sources of revenue might have been handled for accounting purposes.12
I understand the desire of those charged with the education of our children to secure a
maximum of revenue for that undeniably critical purpose. That does not, however, dictate a less
than rigorous review by the Borough Assembly of KIBSD audits and budgeting practices.Hopefully,
the proposed joint work session will provide an opportunity for frank discussion of the challenges
facing both the Borough and the School District in the coming budget year. I look forward to the
questions posed in this memo being addressed at that time.
The Winter Revision encompasses the purchase of approximately $7609000 in additional
supplies and software licenses,over$680,000 in equipment,and$250,000 for an item simply labeled
"Auditorium." See Ex. 5 at p. 2 of 2. To the extent these items represent the pre-payment of
expenses which otherwise would have been incurred in FY 17,the district's budget needs,and be
its need fort funding, would presumably go down,
12 1 do have some questions in this regard. E.g., why was federal impact aid treated as
committed" fund balance in FY 15 but a"restricted" fund balance in FY 14®and why does impact
aid receive no mention in earlier audits? I stress® owever® that these questions are of only
secondary importance to me. Ile table attached as Exhibit 6 shows how KIBSD GF fund balance
has been categorized over the past eight fiscal years.
Page 155 of 236
School District Budget Discussion with the School Board
AGENDA ITEM #2.b.
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School District Budget Discussionit a ai Board
AGENDA ITEM#2.b.
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Page 157 of 235
School District t Discussion withthe School Board
AGENDA ITEM #2.b.
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Page 158 of 235
School District Budget Discussion with the School Board
AGENDA ITEM#2.b.
'100 Genei Fund
IMSTRICT SUMMARY
`20'1'5 1fi 701'a 2t;ll lis T�017 llni�Ual
20-15-20116 or,4. 1
Adopted iffirflier IIasi year Budl
Expense
Account IDescripfion
.....................................
310 Cerfiried Sallades 15,185,9:l
..2 15fl1,000 .-115,1
�:.'Ilassified Salaries :�35,932 .325,9 00
320 ..............................-2..:19,802 219,88?. ............5�2,1800 15,272 J§382
3301 'TEA A9, emenils ....... ..........................................
,4
re 12,504
......... ....................... ..................................
-irtime
340 Ove583.R34 583,65
.�J4
H3.654
360 Benerits 10,841,547 1_85673hi 15751931
:3,70, 1 NPIER15 On-I.-lehallif 2.!i:)81i
..................................................................................................
381l1 t1ousinig Allowance 58,384 1 58,384
390 Moving Expenses 46,320 46,320 4632rI
Subi personnel ............25..,22.9,216 675,1000 11,209,972 35,3q4,74
,410 Pq,ol[esslii 17'echnicallSenke 6 354,000 1,1'22 44 114 IS. 11,124,53
....................................-
411 Lffeguards 'BOO600t 011
M In IrUnd Audit 40,,0010 ........................................
416 In Kiind MenW I fealrh 381..,,350 301.,350
4,17 In 115nd-Data Proiimsslng I - . ,
4210 Staff Travell d Fleir lNern r-,,.,,,7,5:,,,3 42,nOD 3-4 4,5 5 j.... ,,.,,,•.....
...........................I...................
424 ExtraCurr Twavel Reimbursed
42.5 IStuderlt&Chaperone Travel 10,464 10,484
................
426 Cluirii`travel 262,577
............
429 Sped Travel . ............................................... ... ...........................................
4C31 Vi&Surer 167,701 167,7101
............................
-432 Gairbagii:.r 169,5109 i 159,509
......................�.E.
,. 2,146 126,000 2,7718,.ms 2,592,146
433 Communicalfians I Pawli 59
.............
436 Ellectrill 1,095.155 1,1395,155 1,095'.155
7RIR91
I�Mil
.................................... .. .................
430 1--femfing Fuel 11,167,001 t
440 Other Purchased Services .5,49,384 383,337 932,721 384
441 In Kind-Rentas 156,0
156.0601 196,060
442 In Kind-Maintenarum .........................
444 In Kind-Grounds .10 R__0 D............. M%600 .....................................- 10115,001'8
.......................................................................
447 In Kind-Il ill ii-miurance 350A0 350.000 - 350,000
449 Student CallastrophIr Insurance. 1,,405 3,405 3,40:5
ISO SuppUes and Materials 7 95-1.434 7-35.262 1 106,696 F__951,434
M Saftwore Licenses :30,000 „000 _10.000
..........................-
152 Maintenance Siull F ji�77,=.15,6 5 1-77,565 177,555
1:x9,'143
- ---i-1--l-i"""-""`..........
153 Janitorial Suppllies '9�.3 M
_.. 69,343 69,343 l 10
154 11 SupiU00 3,000 3,1000
156 Warehouse Iii-weii Adjustment .....................................
158 Fuel Vehicles .......................... 32,772 _32„772 32,772
161 WWI
190 Other Expenses 197,910 197,910 _197,910
42 Building Impmvemenlis 15.,000 1!..............................................................`-`1
. `-`1 5..........0 0-6 15,000
M3 In Kind RenovaHans ...........................................
............. ................
00 Equipment1,204,'997681,7 BE, 85 1�886,782 1,204,997
-50 Transfers to other Funds 0180,000180,11100
Subtotal Non-Personnel F0.99-4,222 2,3-22i:384 131111 1 0....994..222
DISTRICT TOTAL 1199Z1.322 1,209,972 ARMA AGIR
EXHIBIT..........................
PAGE L-OF:IL
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School District Budget Discussion with the School B0ard
AGENDA ITEM#2.b.
lid
Nodink Island Borough School District
722 Mil Bay Road
Kodiak,AK 99615
0111ce orthe Superintendent
(9 07) 1®6200
Mem o tot• School Board Members
From: Stewart McDonald,SuperinlendeOQ)w
Date: January , 1
Subjects FY 2016 inter Revision
Background
The SpacW WorkSession on Saturday, January 9, 2016 from 11:00 to 1:00 falls under the
governance tea of Boardaccountability. The winter revision for fiscal year 2016 report requircm
Board action similar to the revenues and expenditures reports as well as the audit report. The Board Is
accountable for verifying that the superintendent is executinf3 the written policies adopted by the Board.
Boardl 9300 establishes at the School Board shall govern the district through the
formulation and adoption of written Board policies. e study and evaluation of reports concerning the
execution of its policiesshall be the method the Board uses to exercise its accountability for the
governance of the schools, To better understand the Board'srole in the VAnler revision,It must be put
into context with the budget cycle afgavemance versus administration implementation.
There e three ud s addressed during a school year. The budget development of the next
year's budget is governed by Board Policy 3100 and regulated y AR 3100. The current budget
Implementation is executed by the superintendent d reported to the Board governed by severalpolices
n spending authority.Then the previous year's audit is conducted and reported to the Board according
t❑Board Policy 340D.
Fund balance iso en projected with large margins of error due to many variables that cannot b
reliably forecasted. The audit finalizes the fund. The Board established on September 24, 2012 the
adoption orFund Balance Classification Board Policy 3470 which identified a authority actions
at the Baud or Superintendent can make regarding A section 54.
H IT
Page 160 of 235
School District Budget Discussion with theSchool Board
AGENDA ITEM #2.b.
The five cles9fications of fund balance are are:
I. Nens pendable Fund alar e Is essentially the inventory that remains in our records at
the end of the fiscal year (This amount does not count against the Department or
Education and Early Development's 10%fund balance cap).
2. Restricted Fund Balance is essentially encumbered funds to pay outstanding bills from
the previous fiscal year is amount does not count against the Department of Education
and Early Development's 101/6 fund balance cap).
3. Committed Fund Balance requires the highest level of fonnal action. GASB section 54
requires the School Board through a rormal vote at a regular business meeting commit
runds for specific projects or pre-paid expenses. The Alaska Department or"Education
and Early Development requires this type action to be approved by the Commissioner of
Education. The state is more restrictive than GASB 54 his amount does not count
against the Department orEducadon and Early Development's 10%fund balance cap).
4. Assigned Fund Balance rellecu funds intended to be used by the School Board or the
superintendent for specific purposes, The State of Alaska has idendfied self-insurance
and prepaid impacl aide as acceptable assigned categories. We have to or with our
auditors and sack state approval For others areas of approved assigned fund balance(This
amount does not count against the Department of Education and Early Development's
100/6 fund balance cap).
S. Unassigned Fund Balance is reported in the general fund and is spendable as general
funds during the fiscal year. This Is the nmount restricted to a 10%fund balance cap
by the Alaska Department of Education and Early Development.
Board Policy 3470 authorizes the Superintendent to assign amounts in fund balance to a spcclflc
purpose in compliance with GAS E 54. It is the responsibility of the Superintendent or designee to make
recommendations to the School Board regarding fund balance designations.Formal School Board action
is only,required to establish,modify®and/or rescind a committed fund balance amoum.,
Our Performance Budget process adopted a budget based an a set of assumptions.This budget
was infod by both the needs assessment and education plans contained in the District's Education
Blueprint documents. The conclusion and acknowledgement of the fiscal year 2015 audit and
assignment of fund balance combined ivith the Preliminary October count adjustments provided the
foundation or the winter revision to meet intended needs or the District's goals. Page 39 in the fiscal
year 2016 Performance Budget back identifies administrator recommendations and identified use of
2 EXHIBIT
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School District Budget Discussion with the School Board
AGENDA ITEM #2.b.
fund balance. According to Board policy® GASB section 54, and Department of Education and Early
Devetopment regulations the winter revision report is presented.
Superintendent et Implementation
The KIBSD Performance Budget requires a following components to maintain fidelity.Budget
cuts required to balance an initial budget are focused an non-personnel categories. Through the
authority of Board policy the superintendent uses unassigned fund balance to replace these budget
cuts based®ore needs assessment date and education blueprint Gals.KIBSD performancebudgeting has
supported Innovations and advancements in education programing even In lean fiscal times. No
matter how Lany budget cuts are required there will always be room ain in Innovative
programs wi is budget il en tion model.
The model works as follows.First prioritized cuts to non-personnel develops the budge o
(2%)be four percent(4%)as needed to balance projected budget shortfalls. Then,the districtholds
around o percent(2%) unassigned n balance(about one million dollars) to address o nal
shortfalls In projected student enrollment. T e District can expect to generatea minimum two percent
(2%) of the budget as a result of responsible management of the self-insurance program. This four
percent(4%)minimum n alan allows for both Insurance against a drop In student enrollment
p „ and replaces non-personnel funds previously cut to balance the budget herr the student enllment
count number represent either an Increase or do not require the Full use of set aside unassigned fund
balance,then these dollars can be used for Innovations In education. In years where our unassigned
fund balance growsgre r thanfour percent(4%)Education Blueprint goals can beaccelerated.
Our Current Fond Balance situation was generated over a couple of years of holding four
percent )of unassigned fun balance while generating another four percent(40A) fund balance.
This situation has compounded to push exceeding e ten percent (10%) fund balance maximum
allowed by the State ofAlaska.
The ten percent(10%) cap is calculated by easing the actual total amount of expenditures as
reported by the audit The fiscal year 2616 winter revision represents spending 2,5 million that
would be added the anticipated ninety-six percent(96%)expenditures of the$46.5 million dollar
fiscal year 2016 budget. That leaves a ceiling of S4,7 million for the ten percent(10%)cap.
The fiscal year 2016 winter revision presented would leave$1.1 million dollars of unassigned
nd balanced plus 535 thousand in leave holdings (required by the audit) plus a minimum of four
percent(4%) generated fundbalance. This would project a minimum fundbalance of$3.6 million
dollars ora outsix percent(6%)fond balance. The past three of the district spending only ninety-two
(92%)total revenue In the twelve month time period has occurred. If circumstances such as a worm
winter,low Insurance ease®and late purchasingoccur again [seed we are on pace for this to happen),
Exariarrr
PAGE OF
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School i t iot Budget Discussion with the School Board
AGENDA ITEM#2.&
than our fund balance can be as high as S5.6million,which is twelve percent(12%)unassigned fund
�11;mow.
glance. Another winter revision scenario could be to spend an additional unassigne 500 thousand
creating a projected fundbalance range of$3.1 million to SS.1 million.The new expenditure would
keep the fund balance under the 1 on the high end.
An anecdote about the hiring of a Wells Faro Stage Coach Driver Illustrates professional
practice. The Wells Pero foreman wanted to test the skills of each driver candidate.He asked all three
potential hires to determine haw close to the edge of certain cl!ff edge on a mountain road each
one drive the stage coach. The first sal "four feet from the e'. The second said,"[think I can get
witithi one foot from a edge". The third said,"if I am drivingfor you,I'll stay as far away from the
edge as i can See. That being said the third driver was given the job. I am that third driver. The
winter revision and superintendent use of fund balance keeps the district in a healthy zone, Spending
our fiscal year 2016 budget and winter revision to meet the Identified needs and goalsof the District
Education Blueprints Is mission critical.
Expenditure Identified for Winter Revision
The education plans for the District set the goals and target of the Districes work. Compiled
together they are referred as the Education Blueprint Like most blueprints thereare Identified
anticipated needs as alternate projectswait for available funding and chane orders due to
omissions or unanticipated needs that occur during the Implementation of a plans.
The categories ofexpenditures fall under four categories-
1.
oI1. ntici a needbut-Non-personnel budget cert to balance the Initial fiscal year 2016
budget and prioritized to return to the budget as needed.
. Anticipated need but was not included inNon-personnel budget due to an omission
error.Prioritized to return to the budget as essential to meetission.
, Unanticipated need thatwas prioritized to meet mission.
4. Unanticipated Special Education and other regulation mandates thata ur Riter budget
is developed.
Priorilization Process
The Superintendent and finance personnel study the expenditures.needs and student enrollment
ftom July 1, 2015 through the October Count. The Principals and Directors represent 343 yew of
experience and 47 doctorate,m ter, and/or bachelor degrm including over l COD hoursprofessional
development in education leadership. These adminismars work vidth each of the education plan
4
EXHIBIT
�E OF
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Schoolis ri t Budget Discussion withthe School Board
AGENDA ITEM #2.b.
documents and their faculty and staff to implesnent programs and manage their rescurces. The
foe-% administmiors meet twice a month,or more when needed,to evaluate and adjust programs to meet the
changing needs presented by the development of their students and use of resources and facilities.
These needs are implemented according to all govng policies, regulations and laws. A workins
priority list is evaluated and adjusted repeatedly throughout the school year. The detailed list provided
accounts for both expended unassigned fund balance and intended to expand unassigned Rmd balance
rollowing the authority of the written Board policies and governing regulations and laws.
Additional Considerations
7be development of the Ran]year 2017 performance budget YAII Include n set of assumptions or
revenue ftm the federal,state and local governments. Expenditures will be prejected to Idendry the
potential size or anticipated shortfall and subsequent need for budget adjustments. The current flscal
circumstances In Alaska project it leaner fiscal year 2017 budget. Ue fiscal year 16 vAmer novision
expeaditumas will ronvard rund programs, prof in to t. meet instructional noett% and
address facility needs that v'll likely not be possible In the next year. The development or die fiscal
y=2017 performance budget depends on the projection orgetting.the margins of fund balance right.
Governor Walker has started a hiring inseze ins government. He has also restricted all State
government travel. OASB 54 fund balance and Alash regulations do not restrict fimd balance for diese
age government departments, Therefore all funds not spent in this fiscal year can be used(vAthout
restrictions)in the next fiscal year. This is not true lbr public school districtsz.these restrictions have not
been imposed on schools.As the superintendent charged vAth the l and responsible implementation
of the Board's approved policies and budget, I am managing the publics dollars with am and the
highest level oft possible.
As the Board examises Is its responsibility to review and evaluate how the superintendent and
designeas execute the Board policies Wlh regard to the authorized and assigned responsibilities or the
budget ifl1pI@1nOntZtion, I am proud or the report provided. The Board VAII be asked to review and
receive the fiscal year 2016 vdnier revision as a normal function of reporting of revenues and
expenditures as presented Monday,January 18,2016,at the regular Board meeting(Board Policy 346 ).
Many administrators and directors will be present to provide further Information regarding specific
it In detailed vAnter revision.Joe Floyd Tournament is happening now. Many of the administrators
including have responsibilities during this QV9nL Please excuse the divided attention during Board
review orthis report.
ori
Page 164 of 235
School District Budget Discussion with the School Board
AGENDA ITEM
#2.b.
o iait Island Borough School District
Office of the Superintendent
722 Mill Buy Road
Kodiak,Alusa 99615
To: Hoard of Education
Through: Stewart McDonald,Superintendent
From: Sandy Daws,Director of ling
Date: December 29,2015
Subject: FY16 Winter Devised Budget
Attached is the FYI6 Winter Revised General Fund Budget The revision is presented leaving
1,146 4 left in unreserved fund balance. The revised budget includes adjustments to the
1 6 Audit AdjustedBudget:
REVENUE:
• Local Source:Indic Local Sources section of die revenue sheet an increase of S2,555,744
in nye Undesignated Fund Balance category.
52,555,744
• State Sources:See attached o dation Formula
The FYI budget was calculated on an estimated ADM(student count
derivative)of 2,588.10.The twenty-day student enroUment oflIcial count ended
on October 23,2015.The District's projected enrollment submitted to Alaska
DEED was 2420.12.
D DEED Student Based Formula allow schools under 10 be added to
the smallest school with and ADM greater than 10.Danger Bay and Karluk am
added together to calculate the adjusted ADM.
9 October Count reflects 8 additional Students in Special Education.
D These factors led to a decrease in dee slate foundation program of S517,872
($27A7,746426,869,1174).71hc ADM munber will be finalized by the State of
Alaska,DEED by the end of January.
S(517,a72)
HIWT
PAGE OF
Page 165 of 235
School District Budget Discussion with the School Board
AGENDA ITEM #2.b.
Federal Sources:
> The Audited Impact Aid fundbil;number increase to S2,059,217 increase from
SI,754,947.
The Department orDcrcnse payment received$62,242 u decrease from$82,000
$294,512
The total adjustment to REVENUE as noted above is $2,122,384
EXPENSE:
The largest adjustment in the Winter Revision is in the area of non-personnel Costs.
• Prorcssional/Technicall$354,000
• Travel$42,000
• U0111fies S1140,0DO(Danger Bay)
• Other purchases Services S369,337
• Supplies&Materials$735,262
• Equipment S681,785
Total S2,321,384
The Total adjustment to EXPENSE as noted above is
With the approval or the FY16 Budget revision,the Board can expect to see approval for
Request to bid in February for the following pmjecLs,but not limited to:
0 Upgrades to the Auditorium
s Security gate for HS
® Upgrades to the F-wing
® DisplaysMV'slCans
Requisitions over S25.000 the Board should expect to see in February) arch,but not
limited to:
® Curriculum
® WHS Shelving/supplies(purchasing cooperative)
® Cafeteria Tables/classroom tab) desk(purchasing cooperative)
® Network Upgmde(contract was upgraded last ears to eligible)
® Maintenance Equipment/Services
'-`MBIT
CJFIL
Page 166 of 235
School District Budget Discussion with the School Board
AGENDA ITEM#2.b.
The Reserved Fund Balance has a remaining 0 million allocated for Self-insurance
after moving the 675,000 to cover self-insurance needs based on the Affordable Health
Care Act(ACA)that ties been anticipated.December 18,2015,the President signed a
budget deal that delays several of the modifications,The most important or die three is
the delay of die Cadillac Tax until 2020.
The Cadillac lax is an attempt to discounige employers from providing incredibly
generous health plans.When it goes in affect,it will put a 4D%la;%ov the plans
considered generous.The tax must be paid by die employcr and not passed on the
employee.
At this time,we are working on the Look-Back/Stability Periods, In addition,we are
working on a benefit package to offier to our substitutes that will allow us to attract and
retain substitutes.
�:EX!%ff
Page l67of235
School District Budget Discussion with the School Board
AGENDA ITEM
. .
Kodlak Island Borough School District
IFY 18 Budget-Winter Revision 114116
Adopted lot
LOCAL R�, NUE OiiCE9:
Annual Appropfladon 10,174,298 10,090,250 10, 0,250
In-id -131,302 816,350 815,350
Use of Facilitles 31,648 40,000 40,000
Acederdeffihiefic Fees 11,190 11.000 11,000
Wage Rent 5,625 6.oDo 8,000
Other&Grant Local Revenue 71.802
Fund Balance Used In Revenue P ,000 50D.000
Resarnd ACA Fund Balance 575,000 675.0D0
Unreserved Fund Balance after audit 2,655.744
E-Rate Reimbursements 878 395 2J95,100 -21 1
1 Local Sources 13.7 04,2110 14,332,70D 1 ,
STATE SOURCES:
-FoLwation 20.560,665 $27.387,746 M,859,574
SbM Military Contract 879,582 870,S82 870.682
School Improvement grant
OpportunityLeaming
Duality schools 85.657 93,445 93,445
Supplemental State Aid-Fixed Costs&Energy
On Behalf 37, 8,218 2,064,175 2,654,175
PERS On Behalf 2,980,854 318.343 315,343
Other State Revenue-HS 278 913,815
Grants&other State revenues .16,424
Sub-tDbd Stole68, 5 31,3 ,291 30, 5,419
E912 LIMEM
Impact Ald-Ml h) 2,M7.379 1,734,947 2,039,217
Impact AMAbny Spec Ed stale) 33,679 18,000 18.000
Department of Defense 92.60602.000 62,242
Medicaid C ct
Impad Aid-Dirad 32,772 2.0m 2,000
1 al Ed.
era' thtu intowna 8 D7
Subatal Federal Sources 2,434,514 1 1,830,947 2.121,450
211MAMMIM
Indired Cost Factor 122.395 106,000 108,000
Leas
Sub-lo lOther So, 11=1195 1 0 1 000
q�Iw
15 RVAMS Wmary WkkRnvbn 18.01.04 R 4 1213112015 1139 P
Page 168 of 235
School District Budget Discussion with the School Board
AGENDA ITEM #2.b.
KODIAK ISLAND BOROUGH SCHOOL DISTRICT
Foundation Formula
FY I a Budoet-Yfinter Revision IINIG
Based On DEED Sultunitled October Enrollment 1PJ15115
ADJUSTED
SCHOOL ADM FORMULA ADM
AkWok 23.8000 39,60+(1. `(23.8-2111 4516
ChWak 21.0000 39-604 41M
Danger Say 14+7 Kaduk 21. 39.60+(1. '(21-20)) 41.22
Kaduk 113.00130 0.00
Lemon Say I5.0000 39.60 39.60
Old Harbor 34.65W 55.00+(1.49'( .85-30)) 62-73
ouwnwe 29.4500 39-60+(11.62'( .45-20)) 64.91
Porl Lions. Issaw 3916D 39.60
East 275.3000 326.10+(.97'(276.3-250)) 351.61
Main 239.95M 328.10+(.97•(2 .95-251)) 315.25
North Star 242.8600 218.10+(1.08*(242.80-1 }) 318,41
Peterson 273.6600 326.10+(.97'(273-60-250)) 349.07
KMS 429.9500 471,6+{.92'(428.95.400)) 49823
KMS 683,4000 471.6+(.92'1683.4.4 )) 732.33
Local ADM 2,300.56W ------- •---••s 2,8W.94
Correspondsr= 111.5
2,420.1200
Total After Adliusiment for District Cost Factor 3,725.13
EzE�EvMzW-9EzM11W
Total Attu Adjustment for Special Needs Factor 4470.15
Total After Adjumment for Voc:Ed Funding Factor 4.537.21
Adjusted Students+Special Educallon 5,304.21
Total District Adjusted ADM 5,41134.61
Basic Need $31,779,107
Required Local Ellod J.00269 milli x FY14 Full Values) $4,273,074
Full Values $1.612,400,900
Audited Impact Aid $2,059,217
Impact AM Percentage(Required Minimum/Prior Year Actual) 38.98%
Deductible Impact Aid Impact Ald*.9'x% $722,415
•
MENEM=
EXHJBll�
16 Revenue swurnary WntrR@vlsn 16.01.04.zftm R I 12MIMI5 7:54 AM
Page 169 of 235
School District Budget Discussion with the School Board
AGENDA ITEM #2.b.
r
Jill II 111
a
m
z
zo
x
�GNNNNN{�MN MN�«�MN
�VtlOtl�N+��l"G +
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r NN«NNN«NNN�MNM
Page 170 of 235
School District Budget Discussion with the School Board
AGENDA ITEM #2.b.
r
r Peores I ravel
Travel le Nal of Conference kr FC S ,FFA
Travel ke toaden b 1 13011 1283710
CAST d u 10M Parchaw of new ode wkh kW&UN ding silde purchased 64 7 5 .71
r a 0 a k of e 2WZMM=OA20,UM
4,W9 Additionali In maosdal baltarvior cancem and
MOW afloing a Int!rvention pil M.Requesting
etarion P a al5 is Sed f 1 27 110.27
IES Pre Stu f ori ick I A= 1 A 49
SES Professional Development Su St is h 1W.4913SM0=4111.49ZO
5FS CoTaa In Prof I iISLODD Inclusion ol studenwith dbsbgltpj 100.492,1150=410ASIO
Cuffkulm FmfanIonIServIES_ and ram 100.562353.0=4103620
Staff rra Por-diem ---.Low knalawalnVATRRI 2121MIN IWSR.351.0=01203619
CuffkLdtn Staff Daviloamat Travid 63LWO Maintain current plapffirn 1W562351OXIVAGAS6211
abtt/SLp Stanant 35=l7rd"I"I ] 7l0. 1]0.71
T G r s 73" RLN$,sAdKM$ 100.730.605AM420.7100
T U des 7. Vae•laelrel r lu dei 100.711105=420.7100
Total 332AO
Asil! 5u Anist me kh 12,000teh st nt I 613 Al 610
Assist Sup—RocrullneoltlTraWng2Rumilmeatiftwerubooltraning1 Si13 IJtl5610
32.
Ru er 640. n er Ia 1W364.21O.WN.411336,00
110,
S an
Cuniculat 5vockuNalathis 90,W Arlawain current proarem 10036245LDDWA505620
CVOTWIm schwarelkente __165 Maintain current an1 61351. IS620
Tech Ponableprasantellonsukes SAW Insenfkaa Tra ads 1 459.1 4 1590
techLzut arl It7 5 Jncsease1 4S9,I ISR459U
Monitors S —10.ODD Increase IWAS9.30MODDOASOAS90
plintart YO OW raficif 1011ASLIM(OWASOAS90
..rt 550!1 mi 3 on to computen ] S91 ASOAS
aw pk 4 11.0W To be dupen200.451100AMASOASID
Malnt L SR Cmvertable Hand truck AM Batt o ratod k with east and In rage 100.710,6054(slal.450.71100
MA"I L SR alum Sh n tra m s lar ntw ce 101.710.6111=1ASM1101
va—W&A SR pareioal5,0Wmoving alie in ketter 1OL710,6DOMOISM71W
Maim&SR Gravity Conveyor 5, haEff lead kerm In%hs 1 .710 .4 .71
Matin L SR FratzerPoors, 30, three easer doon 10(L71&fiM.00W.450.7iOO
FoodScavla FoadSerwiceSupplIts sitall overallsupplies for kitchows dkiflat WWI 300.7111552.13=450.7100
Anel C&A table ablas/ ata 35. CaII tah11 s/ alri 3 10.150. 15031
Main etem 4.11trwSwalks 7, rt ase d rt Ubr beaks 1W.251135LOMM45(13500
Main dem cqucouftlf A= htcramseccoycount. 10=11.105.0WO.41501M
Main clam General osu 5 locteaso to met needs/standards mad cutdculuan/ ] .1 150.25
aledem ro su U i supplies 1 8130 15075
Main atem Seed Brolvarn ZM S su ties J 2 A
1n elam Mullesupplies _5= latC murk I mr 1ft0Z.111)(11111.151.4110
Main dem supplies Saccess lfttSOM49LI20JMASIASIG
Main dtm Furns lure V chisucenns desks t k
2 Konica Coplers aspenset funds needed to carrierthe cost oF.
Peterson IdenUfled Need Funds for co kart use Intc eco sand a 1 270.305 1;827
Peterson Supplies io.5w SU es r s fr Canlral 1 1O-4U5 .IS 7
3ADD
pliptalcurricukarn and WAMIN licenses(DADVOMR.Spetunil
Petenen pI Kal Cu lm in PDX S"adOlkMAth dt Ns t 112271101-0000,45000
3 pogicaltoa slumnereeded for mu room Warning
Centen,compme spultam C0.players bad malialle
amplIlIcation system.needed In dassroones.
r 1pads,Macilesaks.andbdaplen(don me for
pettfson 11chnotog takeses dost Y 70.Y 451.27
n Tea 5 ee] 4 l u set
on WbrarySuppllas j1puldwsel for battle of the boob
EXHIBIT pp
e,
Page 171 of 235
School District Budget Discussioni I Board
AGENDA ITEM #2.b.
ril-n-SS—W On2mom FurnakureLOW aha L eta sled astable Its a for 1 70 0.77
non C e lancer ] refit enter L00170.105MM45027W
goo Classnannanew70.
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AGENDA ITEM #2.b.
..........................
Kodiak bland Barough Sabaa!Distrid
722 Mil Day Road
Kodialr,AK 99615
Office of the Superintendent
(907)491-6202
MEMORANDUM
TO: KIB Mayor&,Assembly
FROM: Stewart McDonald,Superior dant �
RE; Response to Memoranda February 1,2016 and February 18,2016
DATE- February 25,2016
The questions understood from byAssembly Member Mel Stephens on
February 1,2016 and Finance Director Karleton Short on February 10®2016 are as
follows:
1m Why do fund balances appear to be growmg7
20 What Is the KIBSD budget Implementation model In regard to.AS
14.17®505 ten percent(104/6)rule?
3e Why did the district spend$2,SS5,744 at minter revision?
4a Given the critical nature of the Alaska®s economic climate and the Kodiak
Island Borough's budget development needs how is the Kodiak Island
Borough School Distrlces budget management responsible?
S. The reason that school district fund balance is necessary is for cash
reserves;the KIB has fifty one million dollars In reserves.Therefore why
does KIBSD need to hold fund balance?
& is fond balance better held by KIB because these monies can be spent an
anything e KIB determines appropriate,but if held by KIBSD these
funds can only be spent on Identified school appropriations?
7. Should we adopt a model like Fairbanks a Star Borough management
of school district fund balance?
1
Page 197 of 235
School District Budget Discussion with the School Board
AGENDA ITEM #2.b.
Responses to Identified Questions
1.a Why do fund balances appear to be growing?
7
'The KIBSD fund balance has not been growing, The nine million dollars of
total fund balance reported In the 2015 audit represents an accounting of funds that
are initlated by rnnle changes and not an Indication of surplus revenue. For 2015 the
figures are identified as follows-
Res- ed/nonspendable-Inventory was$425,037 and represents a
joint bid process between B/KIBSD to forward found purchases in
fuel and other required inventory,
0 Reserved/committed-Impact aid was$2,059,217 paid In 2815 and is
required to be spent in 20150 This arnount is reflected as 2016 federal
impact aid revenue and Is part of the 2016 budget.it is not surplus
funds and reflects how GASB section 54 is required to carry forward
28:15 funds paid In 2015 before transferring funds to the 2016
revenue budget.
Reserved/assigned self-insurance(Affordable Care Acts was
$2,375„000. These funds were established In 2815 to respond to
penalties and requirements Imposed on ernployers the size of KIBSD
with part-time star Due to the cost of medical care In Alaska,we are
considered penalized by the excise tax of 411%about the ACA
allowable Insurance finnits„ (Note.after this fund was established the
excise tax was postponed to 2828. The budget was cut to reflect
changes in the delay.) This fund is dedicated to the existing
provisions still in affect.
* reserved/assigned encumbrance is not applicable for the 2015
budget due to.Alaska's late reporting of the states pension report, All
encumbrances were paid by tine date of the audit,
The unreserved/undesignated/assigned compensated absences are
recorded In the fund balance page but are not addition aI funds, These
dollars are represented as a part of budgeted benefntns in the 2015
budget,
The unreserved/undesignated/unassigned carsyanv s°off X3,781.„998
represents prioritized and idendfled.expenses In non-personnel,
equipment renewal and replacement,and other carryover educational
operational expenditures. These prioritized expenditures Included
adjustments for the winter revision„which totaled 0555,744.
2.
Page 198 of 235
School District Budget Discussion with the School Board
AGENDA ITEM #2.b.
Increased elementary classrooms,b{'arlualr losing funding and
remaining open,Danger Bay reopening with out ells ible a-rate®
unfunded mandates require by Erin's law,rural staff travel,increased
special needs student enrollment and other provisions represented
these expenses" w
"!'hese changes do not represent a change in prance" The constant of about four
percent(4%)has been suable" rhe impact variables that Increased the fund balance
another four percent( 'o)were necessary"
2m What Is IIUBSD budget Implementation model with regard the AS 14.1.7.505
ten percent(10%) rule?
ne model of the dlstrlct is to practice the 96/2/2 management The topic of
avoiding the 10%reale discussed during the winter revision process was only to
answer the question of why funds cannot be held indefinitely, The first and only
reason Is that one hundred percent of the allocated funds for education operations
will the,spent on the prioritized education operational activities. The identified
eduncatlonnai needs for funds always emceed available funds. Once funds are
approved and priorities are set the district will use those funds until the activities
have been completed. Carryover is a fundamental part of this budget
implementation.
3"Why did the district spend$2,555,744 at winter revision?
The winter revision is to practice spending funds in view of the punblic. The
winter revision line Mearns were either identified or prioritized during the budget
process or unanticipated', Each administrator presented justification of each Reran
duflng the minter revision process" "rhe appropriate docu mentatlona ofthe Anter
revisions follows the corrnpletiorn of the student October courant and final foundation
formula determination for KIBSD Is complete.
A The FY 20II6 Winter Revision was reviewed on at a special worm session llne by
line prior to final board approval. The document is avallable for review in Board
3
Page 199 of 235
School District Budget Discussion with the School Board
AGENDA ITEM #2.b.
4,Given the critical nature of the 's economic climate and the Kodiak
Island Borough's budget development neeow is the KodiakIsland
Borough School is ict's budget management responsible?
5SD Is well aware of the economic environment 1n Alaska and the
13 D Performance Budgeting Is designed to be responsive to the financial and
educational needs demanded of the District The district Is prepared to work in
collaboration with a state and borough to operate within the constraints of the
fiscal real€ties® The budget practices of KIBSD have allowed our schools to be
counted among the very highest performing schools In Alaska with effective
Innovative programs to create commun4 pride.The experience has shown at
KIBSD budget priorities support community goals for educational achievement The
fiD recognizes that the KID may not be able to fund to the Cap each year.The
2016 budget reflected a request of flat funding In spite of increases in salary
expenses®and other operational expenses.During the fiscal year 2017 budget
process KIBSD will acknowledge limitations on KIBSD budget and consider carefully
what portion of carryover should be used for that fiscal year 2017,
5. The reason that school district fund balance Is necessary s for cash
reserves;the KIB has fifty one million dollars in reserves.Therefore why
does KIBSD need to hold fund balance?
The assumption that district fiend balance serves as a cash reserve is
Incorrect. The portion of fund balance categorized as
unrese ed/u n designaced/unassi a represents the district's financial ability to
respond on an annual basis to unanticipated drops in revenue or Increases in
demands for services. This money is already attached to Identified educational
needs,but the expenditure of the money Is delayed until the variables of revenue
and expense are better understood.
6® Is fund balance better held because these monies can be set on
anything a KIB determines appropriate,but If et by KIBSD these funds
u only be spent on identified school appropriations?
District carryover(fund balance)is not surplus funds.These funds were
appropriated to be education funds for education operations,These funds are
neither designated as major maintenance,debt service,nor construction, These are
operation funds where seventy four percent(7411'x)originate from federal and state
sources and twenty six percent(26°f®)originate from KID, The KID appropriated
funds are for the operations of theschools.
Page 200 of 236
School District Budget Discussion with the School Board
AGENDA ITEM#2.b.
7.Should we adopt a model litre Fairbanks Star Borough M2nagernemtof
school district fund balance?
The Fairbanks school system is In the process ofannually eliminating
programs,issuing pink slips to non-tenured teachers®furloughing classified
employees,and initiatingmid-year budget freezes due to the lack of flexibility of the
imposed by fund balance ordinances. I 's strength Is in its use of 96/2/2
method. Itallows for Innovation in times of constraint The FNSBSD does not have
the strength. Such an ordinance will reduce IGBSD performance to that of FNSBSD.
This cannot be what the KIB andIts residents want for their communities,
Background
Fuad_balance is defined by the Governmental Accounting Standards Board(GASB).
School district fund balance Is not surplus funds,unudgeted funds,slush funds,
cash reserves,savings account or other unattached monies. lip to ten percent of
appropriated education operational funds will be used as carryover to complete
prioritized mission tasks, School district carryover(fund balance)Is managed in
o majorcategories;Reserved and Unreserved.
Fund Balance Classifications
Fund balances will be classified as follows�a
Reserved categories reported in audits are;
I m Nonspendable Fund Balance®The nonspen able fund balance classification
includes amounts that are not in a spendable form such as inventory,
2. Restricted Fund Bnlance®Amounts constrained(restrictions)by grantors,
contributors,or governmental laws or regulations;or, )imposed by lave through
constitutional provisions or enabling legislation This includes"categorical
balances."
z Board Policy 3470 adopted was 9/24'12 to align to changes In GASB section 54
fund balance categories and priority spending,
Page 201 of 235
School District Budget Discussion with the School Board
AGENDA ITEM #2.b.
3, Committed Fund Balance Amounts constrained to specific purposes by a
government or governing authority(such as a school district)itself,using its
highest kind of decision authority.This is determined by formal action of the
School Board.
4. Assigned Fund Balance—Amounts a government or governing authority intends
to use fuer a specific purpose,The assigned fuand balance classification reflects
dots intended to be used by the School District for specific purposes,
,Authority for intent is expressed by tine School Board or by die Supperintendent.
Unreserved categories include,
5. Unassigned(U nd ignaated')Fund Balance—Amounts,which are available for
any purpose determined by district budget and board policy authority
T lue following fund balances used by I I SD are
a Raserved/nounspendablcminventory'
cscrvedlassignned-ancanmbr cuss
m esmed/capra witted-impact aids
Reserved/assigned-self-insurance(Affordable Cara:Acty
4,.panreservedfassigned-Compensated Absencess
U nreservedlunassigned-A4justrnents ideandfued in the budget book on page 394 a
3 GASB section 59 or Board Policy 3970 does not use the undeslynated term used In
the audit boob. Undesignated is a term used dune to delayed update to AS 19.17.505,
4 Inventory is the result of forward funding fuel and other Inventories fair the
following fiscal year.
a All goods and services received prior to June 30 the grad of fiscal year and payment
not processed must be reported as fund balance.
at Impact aid payments are received and are committed to the next fiscal year as part
of federal revenue,
p Preparation forAffordable Care Act(ACA)was achieved by Increasing self-
Insurance by seventeen percent(3.71,/6)In 20,15. This generated$2„375,000 for part-
time employee coverage(loofa-back audit)and parepparadon for the forty percent
excise tax penalty(Cadillac Tax).Altlnoungh the excise tax has been postponed until
2020,other provisions of ACA are,still In effect, This reserved/assigned fund
balance will remain set aside to comply with ACA requirements.
a Compensated absences an page 26 of the 2015 audit,paid personal and annual
leave upon use or termination.&ck leave Is charged when used In the retirement
system and either required provisions. Unused compensated absences funds are
used to partially support salary contingencies fair negotiated steps and columns.
6
Page 202 of 235
School District Budget Discussion with the School Board
AGENDA ITEM #2.b.
The table titled KIBSD Fund Balance Histo 'e depicts patterns back to 2005.
RIBSpD Performance Budgeting;Is a practice initiated In 2009, This practice ensured
that one hundred percent of appropriated educational operational dollars are spent
on district operations intwenty-four months.KJBSD staff have studied total trends
for more than twenty years and Identified operational trends of twelve and twenty
four month budget implementation of ninety six percent(961%)spending in twelve
rnontlrs and four percent spending In the next twelve Months. The school district
has coustAnm built Into the budget that create approximately a four percent(4r%)
unreserved/undesl nated/unassigned fund balance.The constants in this
operational trend are contained In the following areas:self-insurance mana ernen4
Instructional Initiatives that require corryoverinto the next fiscal year,utilities,and
in-kJnd balances. Performance budgeting practices prioritizIng approximately one
million dollars,which Is approximately two percent(20/n)a each year for changes in
enrollment insures continuity in program, The remaining anticipated two percent
(21/6)unreserved/nundes]gnated/un assigned fund balance Is prioritized to address
prloritiZation on page 39 of the K]IBSfD Performance Budgeting Book,KIBSB has
given this practice the name 96/2/2. Impact variables are factors that Interrupt
the normal trend of96/2/2, Impact variable that have occurred include but are not
limited too the ARRA of 2009 and 201.0 2013 and 2014 federal sequestration,KIBSfD
decision to Interrupt the 96/2/2 four°a year to leverage purchasing power associated
with the Kodialk High School Fixture„Furniture and Equipment;and the school
board In anticipation in 2015 carried over four percent(40A)funds into 2016 by
delaying purchases of identified non-personnel needs In preparation of Alaska's
financial crisis,It is anticipated that early projections for fiscal year 2016 carryover
may be about$2,200„000”. This arnount reflects the constants of the 96/2/2
practice„
Each year the GASB section S4 fund balance reporting is not accounting of an
accumulated savings fund that rolls from year-to-year. The funds are prioritized
s ICIBS D performance Budgeting practice of cutting non-personnel budget lines to
balance the buudge4 then prioritlzing anticipated
unreserved/undesignated/unassigned fund balance to hind Identified needs during
budget implementation including butt not limited to renewal and replacement.
10 Business Manager created the KIBSB Fund Balance History document using the
audit boob from fiscal years 2005 to 2015„ The 2016 fund balance is an early
estimate based on tracking expenditure trends. "finis estimate Is not an official
number and Is subject to change due to unforeseen variables during the remaining
budget Implementation.
11 KIBSi9 Fund Balance History fiscal,year 2016 fundbalance projection is an early
estimate and Is subject to change due to unforeseen circumstances,
7
Page 203 of 235
School District Budget Discussion with the School Board
AGENDA ITEM #2.6.
and are Identified for specific pnurfaoses itlnhn a set of educational mission minded
activities and needs. The million dollars typw cally meld to address student
enrollment is not set aside as a cash reserve to pray bills at the start of the school
year. The funds are prioritized to either be responsive to changes in student
enrollment In early August or to Impalement the renewal and replacement of
techno]o y infrastructure each year.The practice of tine KIM 96/2/2 budget
irnpnlernentatlon Inas created stabIlity for instructional programs over the past eight
years that Inas preserved Instructional program Integrity,class size,instructional
Innovations,classroom modernization,and resulted In no punk slips,furloughs,
budget freezes of employees in nine years. "Anis pnracdce Inas created a school
system that is able to remain viable in the face of financial corns rots.
6
Page 204 of 235
School District Budget Discussion with the School Board
AGENDA ITEM#2.c.
Kodiak Island Borough
MEMORANDUM
® Honorable Mayor and Assembly Members
of the Kodiak Isla ndBorou
® Bud Cassidy,Borough Manager
FROM. Karleton Short,Finance Director*,-"
SUBJECT: FY2017 budget
DATE; February 22,2016
At this time we are presenting some of the proposed FY21 special revenue fund budgets. We
are not discussing most oft a service districts and the Facilities Fund. Those will come later.
Service District budgets are due by the end of Match.
Special revenue funds are used to account and report the proceeds of specific revenue sources
that are restricted or committed to expenditure for specific purposes other than debt service or
capital projects.
Many of ours ci revenue funds levy taxes to support a specific function. Examples would be
fire protection and road service districts.
The two funds that merit the most attention by the assembly are the Building and Grounds Fund
and the Land Sales Fund.
In the Building and Grounds Fund,the School District has moved their central office and
business offices from the Borough Building to the High School Complex. The City of Kodiak
has moved into 3 or the of school district offices. The school district must pay rent on their
offices in the High School Annex because it is not counted as school space.
We are going to spend more time on office rent rates and making sure that we have the correct
square footage on each office. This will happen by March 31,2016.
At this time we am arificipating selling S500,00D in land as selected byte Borough Lands
Committee. The focus of the committee's work is currently on the urban area and Bells Flats in
order to provide residential land for development.
If you have any questions on the budgets for these funds please let me know. The service
districts have up to March 31 to submit their budgets, We will bring these budgets to the
Assembly an the April 14'h work session.
Page 205 of 235
Special Revenue Funds
AGENDA ITEM #2.c.
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AGENDA ITEM#8.a.
FUTURE DISCUSSION ITEM SUMMARY
KIBSD Budget
Budget Meetings with the City/School District
Review$10M bonded project timeline and status
SD Mental Health Services Provided by the Counseling Center Contracts Upcoming
Fisheries Analyst(2/6/16)
Borough Budget Manger(3/9/16)
Non Profit Funding Process Discussion Animal Control(6/2016)
Town Hall Meeting to Discuss Priorities Hospital(4/2017)
Review Capital Planning(R&R)priority list&funding source Solid Waste(4/2017)
Borough Administration Oversight
Contracting and Procurement Process/Procurement Process Presentation
Review of the Salary Schedule and Overview of the Hiring Process Budget Deadlines
KIB Vacant Positions 1't Budget Review(12/15/15)
Action Plans Manager Budget(by 4/30/16)
Contract with Waste Management KIBSD Budget(by 4/30/16)
Hospital Lease Assembly Approval(by 6/10/16)
Assembly Operations
Teleconferencing Ordinance
Role of Elected Officials During an Incident Command System
Boards,Committees,and Commission Structures/efficacy
Village Presentations at Regular Meetings
Fisheries
FWG Structure and Purpose
Review Fisheries Analyst Contract
Consolidation
Consolidation of Fire Departments
Updated Friday,December 18,2015
Page 235 of 235
KODI K ISLAND BOROUGH
WORK SESSION
Work Session of: . -
Please P R lll1'111.q..'T, your name Please FIFUNT your name
001
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KODIAK ISLAND BOROUGH
SPECIAL MEETING/ Ulor � "„m,...M
Special tin
Please PIIIIIn,N,,,,,1,, your nameIIS° Illi; ',,�V , IIL! your name