Post Office - Federal Building Lease Agreement_Harkin
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MEMORANDUM
June 15, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: United States Postal Service (USPS) Lease
Economic Development Director Dave Heiar is recommending execution of a lease with
the United States Postal Service and Senator Tom Harkin's office for space in the
Federal Building. This is a prerequisite to the City taking ownership of the Federal
Building.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
l;1uJ!~/JL
Michael C. Van Milligen -
MCVM/jh
Attachment
cc: Bill Baum, Interim Director, Greater Dubuque Development Corporation
Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David J. Heiar, Economic Development Director
THE CITY OF Cm~.
DuwclcTE
~</k.~
MEMORANDUM
June 14, 2006
TO:
FROM:
SUBJECT:
Michael Van Milligen, City Manager
David J. Heiar, Economic Development Director ~~.
United States Postal Service (USPS) Lease
INTRODUCTION
In February 2006, City Council authorized the City's application to acquire the Federal
Building. Since that time the application has been reviewed and approved by the GSA
and the National Park Service. The official transfer date is tentatively set for July 1,
2006.
BACKGROUND
As part of the conditions for obtaining this building at no cost, the City agreed to honor
the terms of existing leases. As these leases expire the City will attempt to negotiate
revised leases with the current tenants.
The current leases have provisions that the City does not plan to include in future
leases. A specific example of one of these provisions is janitorial services. Under the
current terms, the lessor is responsible for cleaning the entire building including the
leased spaces. It is the City's intent to provide these services for the common areas, but
not for the leased areas. In addition, current leases do not require payments for such
expenses as utilities, or property taxes, we intend that future leases will be triple net
leases.
Through this application process it was discovered that the USPS did not have an
actual lease. Since this is considered a Federal agency, there was an inter-
governmental accounting for the cost of this space. Initially it was the City's intent to
negotiate directly with the USPS for leased space. However, the Federal Procurement
process did not allow sufficient time for this to occur.
The GSA submitted the attached lease to accommodate the USPS. As noted earlier,
this proposed lease contains provisions that are not desired from the City's perspective.
Fortunately, this is a short term agreement to accommodate the July 1, 2006 transfer
date and allow time to negotiate a lease with revised terms. Initially the GSA indicated
that 2 years would be needed to negotiate a new lease with the USPS. At the City's
insistence, this has been reduced to a 15 month lease. I have a meeting scheduled later
this month with a regional USPS representative from Denver, Colorado to begin this
negotiation process.
Another concern identified on the temporary lease is that none of the lobby area is
factored into the USPS lease price. Although it is true that the lobby is not exclusive to
the USPS, all postal customers must use the lobby to do any type of transaction with
the USPS. In fact, the USPS has displays and tables set in the lobby for business
purposes. In addition, all post office boxes are located in the main lobby of the Federal
Building. Therefore, it would seem reasonable that a portion of this space would be
included in calculating a lease price.
When a pro forma was prepared as part of our application to acquire the Federal
Building, the City was required to project revenues and expenditures to operate the
building. Based on the area used by the USPS in the basement, first floor, second floor,
and the reserved parking spaces staff projected annual revenue of $207,626 from the
USPS. This price included the triple net projections. The temporary lease submitted by
the GSA for this space provides an annual lease price of $190,418.16 or $15,868.18 per
month. This is approximately $17,000 per year less than projected.
RECOMMENDATION
Despite some of the terms of the temporary lease, I recommend approval of the 15
month lease with the USPS and Senator Harkin's office. Approval of this lease is
mandated before GSA will finalize the transfer of ownership. Once this transfer is
finalized, the City can proceed with plans to relocate the Housing Department and
renovate the Courtroom (Council Chambers). As stated earlier, I will immediately begin
negotiations on the terms for a longer term lease with the USPS and Senator Harkin's
office.
ACTION STEP
The action step is for the City Council to adopt the attached resolution.
F:\USERS\DHeiar\Federal Building\Post office Lease.doc
,"
RESOLUTION NO. 245-06
RESOLUTION AUTHORIZING A TEMPORARY LEASE TO THE GENERAL
SERVICES ADMINISTRATION ON BEHALF OF THE UNITED STATES POSTAL
SERVICE AND SENATOR HARKIN'S OFFICE FOR SPACE IN THE FEDERAL
BUILDING IN THE CITY OF DUBUQUE.
Whereas, certain real property owned by the United States, located in the County
of Dubuque, State of Iowa, has been declared surplus and at the discretion of the
Administrator of General Services, will be conveyed for historic monument purposes to
the City of Dubuque on or around July 1, 2006, said property more particularly
described as follows:
Federal Building, 350 W. 6th Street, Dubuque, Iowa
1.09 acres
GSA Control Number 7 -G-IA-0495-1
Whereas, the City of Dubuque needs and will utilize said property in perpetuity
for historic monument purposes as set forth in its application and in accordance with the
requirements of said Act and the rules and regulations promulgated thereunder; and
Whereas, the City of Dubuque is authorized, willing and able to lease space in
this building; and
Whereas the General Services Administration has mandated a temporary lease
attached as Exhibit A on behalf of the Federal offices currently located in this building;
and
Whereas, a federal office lease must be approved prior to the transfer of this
property to the City of Dubuque; and
Now, therefore be it resolved by the City Council of Dubuque, Iowa that the
Mayor is authorized to sign the attached lease noting the following specific concerns
with the lease language;
a) The main lobby area on the first floor of the building is utilized by the
United States Postal Service but is not included in the lease price as
requested by the City, but it is intended to require compensation for this
space in future leases.
b) Future negotiated leases will reflect a triple net cost to include costs of
property taxes and utilities.
c) Future leases will require the lessee to provide cleaning services for
leased space.
Passed, approved and adopted this 19th day of June, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
,
STATE OF IOWA
)
)SS
COUNTY OF DUBUQUE )
On this /f'#- day of 2006, before me, the undersigned, a
Notary Public in and for the St f Iowa, personally appeared Roy D. Buol and Jeanne
F. Schneider to me personally known, who being duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a Municipal
Corporation, created and existing under the laws of the State of Iowa, and that the seal
affixed to the foregoing instrument is the seal of said Municipal Corporation, and that
said instrument was signed and sealed on behalf of said Municipal Corporation by
authority and resolution of its City Council and said Mayor and City Clerk acknowledged
said instrument to be the free act and deed of said unicipal Corporation by it a d by
them voluntarily executed.
otary Public in and for the State of Iowa
My Com ission Expires: ,,;2//'1-01
~. SUSAN M. WINTER
': . ~ COMMISSION NO. 163274
_ MY COMMISSION EXPIRES
'Ow'" 2/14/08
F:\USERS\OHeiar\Federal Building\Resolution for Lease.doc
RESOLUTION NO.
RESOLUTION AUTHORIZING A TEMPORARY LEASE TO THE GENERAL
SERVICES ADMINISTRATION ON BEHALF OF THE UNITED STATES POSTAL
SERVICE AND SENATOR HARKIN'S OFFICE FOR SPACE IN THE FEDERAL
BUILDING IN THE CITY OF DUBUQUE.
Whereas, certain real property owned by the United States, located in the County
of Dubuque, State of Iowa, has been declared surplus and at the discretion of the
Administrator of General Services, will be conveyed for historic monument purposes to
the City of Dubuque on or around July 1, 2006, said property more particularly
described as follows:
Federal Building, 350 W. 6th Street, Dubuque, Iowa
1.09 acres
GSA Control Number 7 -G-IA-0495-1
Whereas, the City of Dubuque needs and will utilize said property in perpetuity
for historic monument purposes as set forth in its application and in accordance with the
requirements of said Act and the rules and regulations promulgated thereunder; and
Whereas, the City of Dubuque is authorized, willing and able to lease space in
this building; and
Whereas the General Services Administration has mandated a temporary lease
attached as Exhibit A on behalf of the Federal offices currently located in this building;
and
Whereas, a federal office lease must be approved prior to the transfer of this
property to the City of Dubuque; and
Now, therefore be it resolved by the City Council of Dubuque, Iowa that the
Mayor is authorized to sign the attached lease noting the following specific concerns
with the lease language;
a) The main lobby area on the first floor of the building is utilized by the
United States Postal Service but is not included in the lease price as
requested by the City, but it is intended to require compensation for this
space in future leases.
b) Future negotiated leases will reflect a triple net cost to include costs of
property taxes and utilities.
c) Future leases will require the lessee to provide cleaning services for
leased space.
Passed, approved and adopted this 19th day of June, 2006.
Roy D. Buol
Mayor
Attest:
Jeanne F. Schneider
City Clerk
STATE OF IOWA )
) SS
COUNTY OF DUBUQUE )
On this day of 2006, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Roy D. Buol and Jeanne
F. Schneider to me personally known, who being duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a Municipal
Corporation, created and existing under the laws of the State of Iowa, and that the seal
affixed to the foregoing instrument is the seal of said Municipal Corporation, and that
said instrument was signed and sealed on behalf of said Municipal Corporation by
authority and resolution of its City Council and said Mayor and City Clerk acknowledged
said instrument to be the free act and deed of said Municipal Corporation by it and by
them voluntarily executed.
Notary Public in and for the State of Iowa
My Commission Expires:
F:\USERS\OHeiar\Federal Building\Resolution for Lease.doc
.,
I
STANDARD FORM 2 U.S. GOVERNMENT
FEBRUARY 1965 f::UITION
GENERAL SERViCES LEASE FOR REAL PROPERTY
ADMIN1STRA liON
FPR (41 CFR) 1-16.601
DATE OF LEASE 1 LEASE NO.
GS-06P-60019
THIS LEASE, made and entered into this date by and between
City of Dubuque
Economic Development Department
whose address is 50 West 13th Street
Dubuque, IA 52001
and whose interest in the property hereinafter described is that of Owner
hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government:
WITNESSETH: The parties hereto for the consideration hereinafter mentioned, covenant and agree as follows:
1. The Lessor hereby leases to the Government the following described premises:
17,302 BOMA Office Area Square of office and related space together with 12 outside parking
spaces located at 350 W. 6th Street, Dubuque, Iowa,
2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term 15 months
effective Julv 1 , 2006
3. The Government shall pay the Lessor annual rent of $ $190,418.16 at the rate of $ $15,868.18 per month in
arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable to:
City of Dubuque
Economic Development Dept.
50 W. 13th Street
Dubuque, IA 52001
4. The Government may terminate this lease at any time in whole or in part on or after the first year of the Lease by
giving at least (60l days' notice in writing to the Lessor and no rental shall accrue after the effective date of
termination. Said notice shall be computed commencing with the day after the date of mailing.'
5. This lease may ge renaweg at the option of the Government, for the following terms ang at the following rontalo:
THIS PARAGRAPH IS DELETED IN ITS ENTIRETY
provigeg notioe ge gi'len in writing te the Lesser at leaot (byE:. bofore the and of tho 9ri~inalle3Ee term
or BAY renm'/at torm; all ather termE: oAa conditions sf tAiE: I03E:O shall rem3in the E:3FnO durin@ any rClnO'l.'al term.
Saig netice shall ge C9m~"teg commenGing with the ga'l after the gate ef mailing.
tNITIALS I _.~
U::"t;R f,;(:\IfRNM~NT
6.
The Lessor shall furnish to the Government, as part of the rental consideration, the following:
All building services, supplies, utilities and equipment, including but not limited to: heating and
air-conditioning; electricity (for all purposes); power (special equipment); window washing (2x
annually); hot and cold water; sewer services; snow removal; trash removal; chilled drinking
water; toilet supplies; janitorial service and supplies, initial and replacement of lamps, tubes,
starters, fuses and ballasts; elevator service; carpet cleaning (2x annually) and other services,
supplies, utilities and equipment as more specifically set forth in this Lease.
7. The following are attached and made a part hereof:
The GOReral Provisions an~ Insl'"ctieR&-tstafl~a'~ Fo,,,, 2 /\
g~itign).
Sheets 2A, 28 and 2C; GSA Form 3517, General Clauses, Pages 1-2; GSA Form
3518, Representations and Certifications, Pages 1-7.
8. The following changes were made in this lease prior to its execution:
The words "The General Provisions and Instructions (Standard Form 2A,.....edition)." are
deleted in Paragraph 7 above. Paragraph 5 is deleted in its entirety. Paragraphs 9 through
17 have been added.
IN WITNESS WHEREOF, the Dartics hereto have hereunto subscribed their names as of the date first above written.
LESSOR City of Dubuque
BY
(Signature)
(Signature)
IN PRESENCE OF"
(Signature) (Address)
UNITED STATES OF AMERICA GENERAL SERVICES ADMINISTRATION, PUBLIC BUILDINGS SERVICE,
EAST LEASING SERVICES BRANCH
Si nature
ContractinQ Officer
Official/itle
BY
STANDARD FORM 2
FEBRUARY 1965 EDITION
9. The Lessor shall provide a valid Occupancy Pernlit for the intended use of the Government and shall maintain and
operate the building in conformance with all applicable current codes and ordinances. Below-grade space to be occupied
by the Government and all areas in a building refcrred to as "hazardous areas" in National Fire Protection Association
Standard] 0 I, or any successor standard thereto, must be protected by an automatic sprinkler system or an equivalent
level of safety. A minimum of two separate stairways shall be provided for each floor of Government oceupancy. Scissor
stairs will be counted as one stairway. If space is three or more stories above grade, additional egress and fire alarm
reqnirements may apply. Men's and women's restrooms must be provided on each floor (not part of Office Area square
feet or usable).
The Building and the leased space shall be accessible to workers with disabilities in aecordance with the Americans With
Disabilities Act Accessibility Guidelines (36 CFR Part 1191, ApI'. A) and the Unifonn Federal Accessibility Standards
(Federal Register vol. 49, No. 153, August 7, 1984, reissued as FED. STD. 795, dated April I, 1988, and amended by
Federal Property Management Regulations CFR 41, Subpart 101-19.6, Appendix A, 54 FR 12628, March 28,1989).
Where standards conflict, the more stringent shall apply.
Thc leased space shall be free of all asbestos containing materials, except undamaged asbestos flooring in the space or
undamaged boiler or pipe insulation outside the space, in which case, an asbestos management program conforming to
Environmental Protection Agency guidance shall be implemented. The space shall be free of other hazardous materials
according to applicable Federal, State, and local environmental regulations.
Normal services, utilities, and maintenance will be provided daily, extending from 7:00 a.m. to 5:00 p.m., Monday
through Friday, not including Saturday, Sunday, and Federal holidays. The Government shall have access to the leased
space at all times for other than normal office hours, including but not limited to: the use of electrical services,toilets,
lights, elevators, and Government office machines without additional payment.
The Postal Service actual office hours will be 5:00 a.m. - 6:30 p.m. Monday-Saturday. Closed Sunday and some Federal
Holidays. The Postal Service will be open on Presidents Day, Martin Luther King Day, Columbus Day, and Veterans
Day from 5:00 a.m.- I 2:00 p.m. The Government is paying the Lessor an additional $1,041.0 I per month in rent
(paragraph 3) for the additional services, utilities and maintenance required above the nonnal hours.
All other utilities, services and maintenance shall be provided in the rent for all hours of operation (nonnal and other than
normal) as described above.
10. The Government reserves the right to perform alterations in leased space, including, but not limited to, installing
interior/exterior security cameras/alanns and other items as necessary. Lessor waives restoration rights for alterations
necessary for initial occupancy and for all future alterations. The Government shall have the right to remove cameras and
alarms and they shall remain the property of the Government.
II. SECURITY: ADDITIONAL REQUIREMENTS:
a. The Government reserves the right to require the Lessor to submit completed fingerprint charts and personal history
statements for each employee of the Lessor as well as employees of the Lessor's contractors or subcontractors who will
provide building operating services of a continuing nature for the property in which the leased space is located. The
Government may also require this infonnation for employees of the Lessor, the Lessor's contractors, or subcontractors
who will be engaged to perform alterations or emergency repairs for the property.
INITIALS: &
Lessor Government
SHEET 2A
LEASE NO. GS-06P-600 19
b. Jfrequired, the Contracting Officer shall furnish the Lessor with Form FD-258, Fingerprint Chart, and Form 176,
Statement of Personal History, to be completed for each employee and returned by the Lessor to the Contracting Officer
(or the Contracting Officer's designated representative) within 10 working days from the date of the written requestto do
so. Based on the information furnished, the Government will conduct security checks of the employees. The Contracting
Officer will advise the Lessor in writing if an employee is found to be unsuitable or unfit for the employee's assigned
duties. Effective immediately, such an employee cannot work or be assigned to work on the property in which the leased
space is located. The Lessor shall be required to provide the same data within 10 working days from the addition of new
employee(s) to the work force. In the event the Lessor's contractor/subcontractor is subsequently replaced, the new
contractor/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/subcontractor. The Contracting Officer may require the Lessor to
submit Form FD-258 and Form 176 for every employee covered by this paragraph on a 3-year basis.
12. Cleaning shall be performed during tenant working hours and coordinated with the Government Tenants. The Lessor
shall maintain the leased premises, including outside areas, in a clean condition and shall provide supplies and
equipment. The following schedule describes the level of services intended. Performance will be based on the
Contracting Officer's evaluation of results, not the frequency or method of performance.
Dusting: Use lambs wool or synthetic fiber dusters or treated dust cloths (i.e., spray Endust on cloth) to remove dry dust
from above floor surfaces.
Sweeping: No dry sweeping (i.e., no broom sweeping). Use treated dust mop or dust magenetizer system (i.e., Swifter)
to remove dust and debris from floor surfaces.
All cleaning requirements below are required for all areas, except those requirements that are only for specific rooms.
a. Daily: Empty trash receptacles, and clean ashtrays. Sweep entrances, lobbies, swing room, locker room and corridors.
Spot-sweep floors, and spot-vacuum carpets. Clean drinking fountains. Sweep and damp-mop or scrub toilet rooms
utilizing a cleaner-disinfectant. Damp-mop swing room and locker room. Clean all toilet fixtures (water closets, urinals,
wash basins, shower stalls, mirrors, waste receptables and dispensers) utilizing a cleaner-disinfectant, and replenish toilet
supplies. Clean drinking fountains. Dispose all trash and garbage generated in or about the building. Wash inside and
out or steam-clean cans used for collection of food remnants from snack bars and vending machines. Dust horizontal
surfaces that are readily available and visibly require dusting. Spray-buff resilient floors in main corridors, entrances,
and lobbies. Clean elevators and escalators. Remove carpet stains. Police sidewalks, parking areas, and driveways.
Sweep loading dock areas and platforms. Clean glass and polish glass and metal on entry doors to the
Government-demised area. Clean telephone areas. Damp-wipe toilet wastepaper receptacles, stall partitions, doors,
window sills, and frames. Empty ash trays. Clean locker room. Maintain and restore hard and resilient floors using
appropriate method.
For swing room and locker room dust horizontal surfaces within approximately 70" of the floor and clean tops of tables
and damp-wipe. For swing room, police floors daily. Machine-scrub swing room floors in high traffic areas.
b. Twice Weekly: Machine-scrub or mop hard floors including all workrooms, restrooms and locker rooms. Asphalt
workroom floors will be machine-scrubbed.
c. Three Times a Week: Sweep or vacuum stairs.
INITIALS:
Lessor
&
Government
SHEET 2B
LEASE NO. GS-06P-60019
d. Weekly: Damp-mop and spray buff all resilient floors in toilets and health units. Sweep sidewalks, parking areas, and
driveways (weather permitiing). Damp-wipe vertical locker surlaces. Scrub and hose down floors in the vehicle
maintenance areas.
e. Every Two Weeks: Spray-buff resilient floors in secondary corridors, entrance, and lobbies. Damp-mop and spray-
buff hard and resilient floors in office spacc.
f. Monthly: Thoroughly dust furniture. Completely sweep and/or vacuum carpets. Sweep storage space. Spot-clean all
wall surfaces within 70 inches of the floor. For Postal Service, re-apply scaler and finish (up to 3 coats each) to even out
the overall appearance of the floor, including asphalt tile floors, using Higley Chemicals or equivelant. Clean Postal
lockboxes (schedule with postal supervisor). For Postal area dust surfaces above 70" from the floor. Damp-wipe and dry
high surfaces such as transoms, clock glass, picture frames and glass, smudged areas surrounding grilles and diffusers,
etc. Dust Venetian blinds. Clean lookouts.
g. Shampoo entrance and elevator carpets.
h. Three Times a Year: Dust wall surfaces within 70 inches of the noor, vertical surfaces and under surtaces. Clean
metal and marble sudaces in lobbies. Wet-mop or scrub garages.
i. Twice a Year: Wash all interior and exterior windows and other glass surfaces. Strip and apply four coats offinish to
resilient floors in toilets. Strip and refinish main corridors and other heavy traffic areas.
j. Annually: Wash all Venetian blinds, and dust 6 months from washing. Vacuum or dust all surtaces in the building
above 70 inches from the floor, including light fixtures. Vacuum all draperies in place. Strip and refinish floors in
offices and secondary lobbies and corridors. Shampoo carpets in corridors and lobbies. Clean balconies, ledges, coulis,
arcaways, and flat roofs.
k. Every Two Years: Shampoo carpets in all offices and other non-public areas.
I. Every Five Years: Dry-clean or wash (as appropriate) all draperies.
m. As Required: Properly maintain plants and lawns. Remove snow and ice from entrances, exterior walks, and parking
lots of the building. Control pests as appropriate, using Integrated Pest Management techniques.
13. The Lessor shall provide the labor, material and supervision necessary to maintain the structure, roof, walls,
windows, doors and any other necessary building appurtenances to provide watertight integrity, structural soundness and
acceptable appearance.
14. The Lessor shall furnish all labor, material and supervision necessary to maintain all mechanical and electrical
equipment and systems in a satisfactory condition, to provide reliable service, and to correct disturbing noises or
exposure to fire or safety hazard. All local and national code requirements shall be displayed on all boilers, un fired
pressure items for which a certificate is required.
15. The Postal Service occupies 16,898 BOMA Office Area Square Feet and the Scnate occupies 404 Office Area
Square Feet.
16. The Government recognizes the Postal Service visitors use space in the Lobby which is not a part of the usable
square feet.
17. The Government recognizes the Lessor plans to make all future leases triple net.
INITIALS: &
~-
Lessor Government
SHEET2C
LEASE NO. GS-06P-60019
GENERAL CLAUSES
(Acquisition of Leasehold Interests in Real Property)
1. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (DEC 2003) (VARIATION)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were
given in full text. Upon request, the Contracting Officer will make the full text available. or the full text may
be found as GSA Form 3517B at http://www.gsa.govlleasingform.
The term "usable" in reference to square footage in any of these clauses means "ANSI/BOMA Office Area."
2. THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE:
CATEGORY CLJ\USE NO. 48 CFR REF. CLAUSE T!TLE
DEFINITIONS 552.270-4 Definitions (SEP 1999) (Variation)
GENERAL 2 552.270-5 Subletting and Assignment (SEP 1999)
3 552.270-11 Successors Bound (SEP 1999)
4 552.270-23 Subordination, Nondisturbance and Attornment
(SEP 1999)
5 552.270-24 Statement of Lease (SEP 1999)
6 552.270-25 Substitution of Tenant Agency (SEP 1999)
7 552.270-26 No Waiver (SEP 1999)
8 552.270-27 Integrated Agreement (SEP 1999)
9 552.270-28 Mutuality of Obligation (SEP 1999)
PERFORMANCE 10 552.270-17 Delivery and Condition (SEP 1999)
11 552.270-18 Default in Delivery-Time Extensions
(SEP 1999) (Variation)
12 552.270-19 Progressive Occupancy (SEP 1999)
13 552.270-21 Effect of Acceptance and Occupancy
(SEP 1999)
14 552.270-6 Maintenance of Building and Premises-Right of
Entry (SEP 1999) (Variation)
15 552.270-10 Failure in Performance (SEP 1999)
16 552.270-22 Default by Lessor During the Term
(SEP 1999)
17 552.270-7 Fire and Casualty Damage (SEP 1999)
18 552.270-8 Compliance with Applicable Law (SEP 1999)
19 552.270-12 Alterations (SEP 1999)
20 552.270-29 Acceptance of Space (SEP 1999) (Variation)
INSPECTION 21 552.270-9 Inspection-Right of Entry (SEP 1999)
PAYMENT 22 52.204-7 Central Contractor Registration (OCT 2003)
(Variation)
23 552.232-75 Prompt Payment (SEP 1999)
24 552.232-76 Electronic Funds Transfer Payment
(MAR 2000) (Variation)
25 552.232-70 Invoice Requirements (SEP 1999) (Variation)
26 52.232-23 Assignment of Claims (JAN 1986)
(Applicable to leases over $2,500.)
27 552.270-20 Payment (SEP 1999) (Variation)
LEASE NO GS-06P 6 0 0 1 9
INITIALS: &
lESSOfl( GOVERNMENT GSA FORM 3517 PAGE 1 (REV 11/05)
STANDARDS OF CONDUCT 28 552.203-5 Covenant Against Contingent Fees (FEB 1990)
(Applicable to leases over $100,000.)
29 52.203-7 Anti-Kickback Procedures (JUL 1995)
(Applicable to leases over $100,000 average net
annual rental, including option periods.)
30 52.223-6 Drug-Free Workplace (MAY 2001)
ADJUSTMENTS 31 552.203-70 Price Adjustment for Illegal or Improper Activity
(SEP 1999)
(Applicable to leases over $100,000.)
32 52.215-10 Price Reduction for Defective Cost or Pricing Data
(OCT 1997)
(Applicable when cost or pricing data are required for
work or services over $500,000.)
33 552.270-13 Proposals for Adjustment (SEP 1999)
34 552.270-14 Changes (SEP 1999) (Variation)
AUDITS 35 552.215-70 Examination of Records by GSA (FEB 1996)
36 52.215-2 Audit and Records-Negotiation (JUN 1999)
DiSPUTES 37 52.233-; Disputes (JULY 2002)
LABOR STANDARDS 38 52.222-26 Equal Opportunity (APR 2002)
(Applicable to leases over $10,000.)
39 52.222-24 Preaward On-Site Equal Opportunity Compliance
Evaluation (FEB 1999)
(Applicable to leases over $10,000,000.)
40 52.222-21 Prohibition of Segregated Facilities (FEB 1999)
(Applicable to leases over $1 0,000.)
41 52.222-35 Equal Opportunity for Special Disabled Veterans,
Veterans of the Vietnam Era, and Other Eligible
Veterans (DEC 2001)
(Applicable to leases over $25,000.)
42 52.222-36 Affirmative Action for Workers with Disabilities
(JUN 1998)
(Applicable to leases over $10,000.)
43 52.222-37 Employment Reports on Special Disabled Veterans,
Veterans of the Vietnam Era, and Other Eligible
Veterans (DEC 2001)
(Applicable to leases over $25,000.)
SUBCONTRACTING 44 52.209-6 Protecting the Government's Interest When
Subcontracting With Contraclors Debarred,
Suspended, or Proposed for Debarment (JAN 2005)
(Applicable to leases over $25,000.)
45 52.215-12 Subcontractor Cost or Pricing Data (OCT 1997)
(Applicable when the clause at FAR 52.215-10 is
applicable.)
46 52.219-8 Utilization of Small Business Concerns (MAY 2004)
(Applicable to leases over $100,000 average net
annual rental, including option periods.)
47 52.219-9 Small Business Subcontracting Plan (JUL 2005)
(Applicable to leases over $500,000.)
48 52.219-16 Liquidated Damages-Subcontracting Plan
(JAN 1999)
(Applicable to leases over $500,000.)
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 pursuant to the Paperwork Reduction Act and
assigned the OMB Control No. 3090-0163.
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GSA FORM 3517 PAGE 2 (REV 11/05)
REPRESENTATIONS AND CERTIFICATiONS
(Acquisition of Leasehold Interests in Real Property)
Solicitation Number
Dated
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 Ihe owner.
1. 52.219-1 - SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2002)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is
531190.
(2)
(3)
The small business size standard is $17.5 Million.
The small business size standard for a concem 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 rnanufacture, is 500 employees.
(b) Representations_
(1)
The Offeror represents as part of its offer that it [ ] is, [ ] is not a srnall business
concern _
(2)
[Complete only if the Offeror represented itself as a small business concern in paragraph
(b)(1) of this provision.] The Offeror represents, for general statistical purposes, that it
[ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR
124.1002.
(3)
[Complete only if the Offeror represented itself as a small business concem in paragraph
(b)(1) of this provision] The Offeror represents as part of its offer that it [ ] is, [ ] is not a
women-owned small business concern.
(4)
[Complete only if the Offeror represented itself as a small business concem in paragraph
(b)(1) of this provision.] The Offeror represents as part of its offer that it [ ] is, [ ] is not a
veteran-owned srnall business concern,
(5)
[Complele only if the Offeror represented itself as a veteran-owned small business
concern in paragraph (b)(4) of this provision.] The Offeror represents as part of its offer
that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
[Complete only if ttie Offeror represented itself as a small business concern in paragraph
(b)(1) of this provision.] 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 change in
ownership and control, principal office, or HUBZone employee percentage has
occurred since it was certified by the Small Business Administration in accordance
with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR
part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate
for the HUBZone small business concern or concerns that are participating in the
joint venture. [The Offeror shall enter the name or names of the HUBZone small
business concern or concerns that are participating in the Joint
venture: .J Each HUBZone small business concern
participating in the joint venture shall submit a separate signed copy of the
HUBZone representation.
(6)
(c) Definitions. As used in this provision-
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"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
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veterans or, in the case of any publicly owned business. not less than 51 pelGent
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.{jisabled veterans or, in the case of a veteran with permanent and
severe disability, the spouse or permanent caregiver of such veteran.
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).
(2)
"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 (a) of this provision.
'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, 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.
(d) Notice.
(1)
If this solicitation is for supplies and has been set aside, in whole or in part, for small
business cOflcerns, 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), any person who misrepresents a firm's status as a small,
HUBZone Small, small disadvantaged, or women-owned small business concern in order
to obtain a contract to be awarded under the preference programs established pursuant
to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal
law that specifically references section 8(d) for a definition of program eligibility, shall-
(i) 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) (MAY 1999)
(a) Definition. 'Women-owned business concern," as used in this provision, means a concem
which 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.
Representation. [Complete only if the Offeror is a women-owned business concern and has
not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1,
Small Business Program Representations, of this solicitation.] The Offeror represents that it
[ ] is a women-owned business concern.
(b)
3. 52,222-22 - PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)
(Applicable to leases Over $10,000.)
The Offeror represents that-
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(a) It [ ] has, [ ] has not p::lrticipated in a previous contract or subcont,act 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 OMS under
Control Number 1215-0072.)
4. 52.222-25 - AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
(Applicable to leases over $10,000 and which include the clause at FAR 52.222-26, Equal
Opportunity.)
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 [ ! 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 OMS under
Control Number 1215-0072.)
5. 52.203-02 - CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
(Applicable to leases over $100,000 average net annual rental, including option periods.)
(a) The Offeror certifies that-
(1) The prices in this offer have been arrived at independently, without, for the purpose of
restricting 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 (iii)
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,
directly or indirectly, to any other Offeror or competitor before bid opening (in the case of
a sealed 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 will not
participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or
(2) (i) 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)(1) through (a)(3) above
[Insert full
name of person(s) in the Offeror's organization responsible for determining the
prices offered in this bid or proposal, and the title of his or her position in the
Offeror's organization];
(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 detail the circumstances of the disclosure.
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6. 52.203-11 - CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
CERTAIN FEDERAL TRANSACTIONS (APR 1991)
(Applicable to leases over $100,000.)
(a)
(b)
The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on
Payments to Influence Certain Federal Transactions, are hereby incorporated by reference in
paragraph (b) of this certification.
The Offeror, by signing its offer, hereby certifies to the best of his or her knowledge and
belief that on or after December 23, 1989, -
(1) No Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influenc-e an offic-er or -employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of
Congress on his or her behalf in connection with the awarding of a contract, the making
of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the -ext-ension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
If any funds other than Federal appropriated funds (including profit or fee received under
a covered Federal transaction) have been paid, or will be paid, to any p€rson for
influencing or attempting to influence an officer or employee ot any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of
Congress on his or her behalf in connection with this solicitation, the Offeror shall
complete and submit, with its offer, OMB standard fonn LLL, Disclosure of Lobbying
Activities, to the Contracting Officer; and
(2)
He or she will include the language of this certification in all subcontract awards at any
tier and reqlJir-e that all recipients of subcontract awards in -excess of $100,000 shall
certify and discloS€ accordingly.
(c) Submission of this certification and disclosure is a prerequisite for making or entering into
this contract imposed by section 1352, titJe 31, United States Code. Any person who makes
an expenditure prohibited under this provision or who fails to file or amend the disclosure
form 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.
(3)
7. 52.209-5 - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED
DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2001)
(Applicable to leases over $100,000 averag-e net annual r-ental, induding option periods.)
(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 [] 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
relating to the submission of offers; or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, tax evasion, or receiving stolen property; and
(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.
(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) "Principals," for the purposes of this certification, means officers; directors; owners;
partners; and, persons having primary management or supervisory responsibilities within
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,
(b)
a business entity (e.g., general manager, plant manager, head of a subsidiary, 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.
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 this provision exists will not
necessarily result in withholding of an award under this solicitation. However, 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.
Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render, in good faith, the certification 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.
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.
(d)
(e)
8. 52.204-3 - TAXPAYER lDENTlFICA TION {OCT 1998)
(a) Definitions.
"Common parent," as used in this proVIsion, means that corporate entity that owns or
controls an affilia\ed 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 by the Internal Revenue Service (IRS) to be used by the Offeror in reporting income
tax and other returns. The TIN may be either a Social Security Number or an Employer
Identification Number.
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(b) All Offerors must submit the information required in paragraphs (d) through (I) of this
provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d),
reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations
issued by the IRS. If the resulting contract is subject to the payment reporting requirements
described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal 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 on 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 reporting 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.
(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;
[] Offeror is an agency or instrumentality of a foreign government;
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[] Offeror is an agency or instrumentality of the Federal government;
(e) Type of organization.
[ ] Sole proprietorship;
[ ] Partnership;
[ ] Corporate entity (not tax-exempt);
[ ] Corporate entity (tax-exempt);
(f) Common Parent
[ ] Government entity (Federal, State, or local);
[ ] Foreign government;
[ ] International organization per 26 CFR 1.6049-4;
[ ] Other
[ ]
[ ]
Offeror is not owned or controlled by a common parent as defined in paragraph (a) of
this provision.
Narne and TIN of common parent
Name
TIN
9. 52.204~ - Data Universal Numbering System (DUNS) Number (OCT 2003)
(a) The Offeror shall enter, in the block with its name and address on the cover page of its offer,
the annotation "DUNS" or "DUNS+4" followed by the DUNS number or "DUNS+4" that
identifies the Offero(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 CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts
(see Subpart 32.11) for the same parent concern.
(b) 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) If located within the United States, by calling Dun and Bradstreet at 1-866-705-
5711 or via the Internet at http://www.dnb.com; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet
office.
(2) The Offeror should be prepared to provide the following information:
(I) Cornpany legal business name.
(ii) Tradestyle, doing business, or other name by which your entity is commonly
recognized.
(Iii) Cornpany physical street address, city, state and zip code.
(iv) Company mailing address, city, state and zip code (if separate frorn physical).
(v) Company telephone number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief execlltive offICer/key manager.
(ix) Line of business (industry).
(x) Cornpany Headquarters name and address (reporting relationship within your
entity).
10. 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 #
11. CENTRAL CONTRACTOR REGISTRATION (JUN 2004)
The Central Contractor Registration (CCR) System is a centrally located, searchable database
which assists in the developrnent, maintenance, and provision of sources for future procurements.
The Offeror rnust be registered in the CCR prior to lease award. The Offeror shall register via the
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Internet at http://www.ccr.qov. To remain active, the Offeror/Lessor is '8quired to update or renew
its registration annually.
Registration is active. Yes [] No [] Will register [ ]
OFFEROR OR
AUTHORIZED
REPRESENTATIVE
NAME, ADDRESS (INCLUDING ZIP CODE)
NAME
STREET
CITY, STATE, ZIP
TELEPHONE NUMBER
Signature
Date
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