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Home My WebLink AboutResolutions - 2010.10.21 - 10271MISCELLANEOUS RESOLUTION#10258 October 6, 2010 BY: PLANNING AND BUILDING COMMITTEE, JOHN SCOTT, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH THE UNITED STATES GOVERNMENT FOR USE OF SPACE LOCATED IN THE ANNEX I BUILDING TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS Planning and Economic Development suggests that the County enter into a lease with the United States Government to establish a U.S. Department of Commerce (DOC) office ("Commerce Connect") on campus in order to foster economic development across Oakland County and to relocate the Pontiac US Export Assistance Center ("USEAC"); and WHEREAS the Department of Facilities Management, with the assistance of Oakland County Corporation Counsel, has reviewed the terms and conditions of the attached lease documents; and WHEREAS the lease provides for the use of approximately 3,707 gross square feet of office space within the Annex I building from October 1, 2010 through September 30, 2014 at a rate of $14.22 per square foot with annual increases or decreases (based on County operation and maintenance costs); and WHEREAS the lease may be terminated by the United States Government on or after September 30, 2010, upon ninety days written notice to the County; and WHEREAS the United States Government would provide its own furniture, computers, fax machines, office equipment, etc. for the operation of the Commerce Connect Office and the USEAC; and WHEREAS rent paid to the County would include janitorial service, general building maintenance, grounds work, and utilities except for telephone and network/1T services; and WHEREAS the United States Government is to pay the County approximately $87,831 for up-front renovations made to the office space. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached lease documents between the County of Oakland and the United States Government. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached lease documents. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING A r ILDING CO TTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Jacobsen absent. U.S. GOVERNMENT LEASE FOR REAL PROPERTY (Short Form) 1. LEASE NUMBER GS-05B-18683 PART I - SOLICITATION/DESCRIPTION OF REQUIREMENTS (To be completed by Government) A. REQUIREMENTS 2. The Government of the United States of America is seeking to lease approximately 3,707 rentable square feet of office space located in Waterford, MI for occupancy not later than 10/1/2010 for a term of 4 years, 2 years firm. Rentable space must yield a minimum of 2,874 to a maximum of 2,874 square feet of ANSI/BC/MA Office Area (ABOA) for use by Tenant for personnel, furnishing, and equipment. 10 surface parking spaces are included. 3. INITIAL OFFERS ARE DUE ON OR BEFORE CLOSE OF BUSINESS September 17,2010. B. STANDARD CONDITIONS AND REQUIREMENTS 4. The following standard conditions and requirements shall apply to any premises offered for lease to the UNITED STATES OF AMERICA (the GOVERNMENT): a. Space offered must be in a quality building of sound and substantial construction meeting the Government's requirements for the intended use. b. The Lessor shall provide floor plans for the offered space and a valid Certificate of Occupancy for the intended use of the Government and shall meet, maintain, and operate the building in conformance with all applicable current (as of the date of this solicitation) codes and ordinances. If space is offered in a building to be constructed for lease to the Government, the building must be in compliance with the most recent edition of the building code, fire code, and ordinances adopted by the jurisdiction in which the building is located. c. Offered space shall meet or be upgraded to meet the applicable egress requirements in National Fire Protection Association (NEPA) 101, Life Safety Code or an alternative approach or method for achieving a level of safety deemed equivalent and acceptable by the Government. Offered space located below-grade, including parking garage areas, and all areas referred to as "hazardous area? (defined in NFPA 101) within the entire building (including non-Government areas), shall be protected by an automatic sprinkler system or an equivalent level of safety. Additional automatic fire sprinkler requirements will apply when offered space is located on or above the 6 th floor. Unrestricted access to a minimum of two remote exits shall be provided on each floor of Government occupancy. Scissor stairs shall be counted as only one approved exit. Open-air exterior fire escapes will not be counted as an approved exit. Additional fire alarm system requirements will apply when offered space is located 2 or more stories in height above the lowest level of exit discharge. d, The Building and the leased space shall be accessible to persons with disabilities in accordance with appendices C and D of 36 CFR Part 1191 (ABA Chapters 1 and 2 and Chapters 3 through 10 of the ADA-ABA Accessibility Guidelines). e. The 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 hanirdous materials and in compliance with applicable Federal, State, and local environmental laws and regulations. f. Services, utilities, and maintenance will be provided daily, extending from 7:00 a.m. to 6:00 p.m. except Saturday, Sunday, and Federal holidays. The Government shall have access to the leased space at all times, including the use of electrical services, toilets, lights, elevators, and Government office machines without additional payment. g. The Lessor shall complete any necessary alterations within 30 days after receipt of approved layout drawings. h, The Offeror must have an active registration in the Central Contractor Registration (CCR) System (via the Internet at http://www.cergov ) prior to lease award and throughout the life of the lease. To remain active, the Lessor must update or renew its registration annually. The Government will not process rent payments to Lessors without an active CCR Registration. The Government will recognize no change of ownership of the leased premises until the new owner registers in the CCR system. i. The Government will not make any alterations or improvements to the premises without the prior written permission of the Lessor, 5. SERVICES AND UTILITIES (To be provided by Lessor as part of rent) Z HEAT 0 TRASH REMOVAL Ej ELEVATOR SERVICE Z INITIAL tk REPLACEMENT 0 OTHER TUBES & BALLASTS Z ELECTRICITY Z CHILLED DRINKING WATER 0 WINDOW WASHING LAMPS, (Specify below) Z POWER (Special Equip.) E AIR CONDITIONING Frequency .. E PAINTING FREQUENCY Z WATER (Hot & Cold) Z TOILET SUPPLIES 0 CARPET CLEANING Space Z SNOW REMOVAL Z JANITORIAL SERV & SUPP Frequency ANNUAL Public Areas 6. OTHER REQUIREMENTS Offerors should also include the following with their offers: The estimated cost to prepare the space for occupancy by the Government and the Offeror's proposed amortization rate for tenant alterations. The total Tenant Improvement costs to this Lease are $87,831 (see Attachment I - Cost Estimate) and are to be paid via a lump sum payment upon completion. 7. NOTE: All offers are subject to the terms and conditions outlined above, and elsewhere in this solicitation, including the Government's General Clauses and Representations and Certifications. 8. BASIS OF AWARD n THE ACCEPTABLE OFFER WITH THE LOWEST PRICE PER SQUARE FOOT, ACCORDING TO THE ANSI/BOMA Z65 1-1996 DEFINITION FOR BOMA USABLE OFFICE AREA. MEANS "THE AREA WHERE A TENANT NORMALLY HOUSES PERSONNEL AND/OR FURNITURE, FOR WHICH A MEASUREMENT IS TO BE COMPUTED " O OFFER MOST ADVANTAGEOUS TO THE GOVERNMENT, WITH THE FOLLOWING EVALUATION FACTORS BEING o SIGNIFICANTLY MORE IMPORTANT THAN PRICE El APPROXIMATELY EQUAL TO PRICE ▪ SIGNIFICANTLY LESS IMPORTANT THAN PRICE o /Listed in descending order, unless stated otherwise) a FLOOR(S) c SO FT RENTABLE 3707 ABOA 2874 Common Area Factor l.29 5. AMOUNT OF ANNUAL RENT $52,714 6. RATE PER MONTH $4,392.83 7 HVAC OVERTIME RATE PER HOUR I lc. SIGNATURE OF OWNER OR AUTHORIZED AGENT I Id DATE PART II - OFFER (To be completed by Offeror/Owner and remain open until lease award) A. LOCATION AND DESCRIPTION OF PREMISES OFFERED FOR LEASE BY GOVERNMENT I. NAME AND ADDRESS OF BUILDING (Include ZIP Code) ADMINISTRATIVE ANNEX I 1200 N. TELEGRAPH RD. BUILDING 47 WEST WATERFORD, Nu 48328-1907 B. TERM 2 LOCATION(S) IN BUILDING h ROOM NLTMBER(S) C-101 THRU C-I 18 d TYPE Z GENERAL OFFICE 0 OTHER (Specify) n WAREHOUSE 3. To have and to hold, for the term commencing on October I, 2010 and continuing through September 30, 2014 inclusive. The Government may terminate this lease in whole or in part at any time on or after September 30, 2012, by giving at least 120 days notice in writing to the Lessor. No rental shall accrue after the effective date of termination_ Said notice shall be computed commencing with the day after the date of mailing. C RENTAL 4. Rent shall be payable in arrears and will be due on the first workday of each month. When the date for commencement of the lease falls after the 15th day of the month, the initial rental payment shall be due on the first workday of the second month following the commencement date. Rent for a period of less than a month shall be prorated. This Lease has a cost of services base of $8,65 per rentable square foot. The cost of services base shall escalate 3% each year on the anniversary from the effective date of this Lease throughout the Lease term. The shell rent consisting of management fees (overhead) is $5.57 per rentable square foot. 8 ELECTRONIC FUNDS TRANSFER PAYMENT SHALL BE MADE TO (Name and Address) COUNTY OF OAKLAND 1200 N. TELEGRAPH RD., BLDG. 95 WEST PONTIAC, MI 48341-0479 9a_ NAME AND ADDRESS OF OWNER (Include ZIP code. )f requested hy the Govenunerre and the owner is a pannership or loin,' venture, !iv all General Pariners using a separate sheer, if nece.may,,, County of Oakland. A Michigan Constitutional Corporation, 1200 N. Telegraph Rd., Pontiac, Michigan 48341-1907 9E. TELEPHONE NUMBER OF OWNER 248-858-0160 10 TYPE OF INTEREST IN PROPERTY OF PERSON SIGNING 0 OWNER Ej AUTHORIZED AGENT D OTHER (Sperrly) I la NAME OF OWNER OR AUTHORIZED AGENT (Type or Pont) I lb TITLE OF PERSON SIGNING BILL BULLARD JR. CHAIRPERSON, BOARD OF COMMISSIONERS PART Ill - AWARD (To be completed by Government) 1. Your offer is hereby accepted. This award consummates the lease which consists of the following attached documents: (a) this GSA Form 3626, (b) Representations and Certifications, (c) the Government's General Clauses, and (d) the following changes or additions made or agreed to by you: 2. THIS DOCUMENT IS NOT BINDING ON THE GOVERNMENT OF THE UNITED STATES OF AMERICA UNLESS SIGNED BELOW BY AUTHORIZED CONTRACTING OFFICER. 3a NAME OF CONTRACTING OFFICER r7ype or Print) 3c DATE 3h SIGNATURE OF CONTRACTING OFFICER Attachment 1 — Cost Estimate BUDGET FOR SPACE RENN OVATIONS ITA Direct Costs Architectural (walls, doors, ceiling repair, etc) $19,575 Painting $11,743 Flooring $ 3800 FIVAC $ 3000 Electrical and Lighting $11,000 Moving (furniture, boxes and files) $ 2523 Furniture Installation $ 441 Signage $ 440 Security (cameras, card readers, locks and cylinders) $10380 Roof Repair $ 525 Canopy $ 2000 Subtotal $65,827 15% Contingency $ 9874 Total $75,701 Attachment 1 — Cost Estimate (cont.) Export Assistance Commerce Connect - Lavatory Addition 0113/2010 Trade Contractor soft $ (0C labor) hard $ (contractor labor/material) Total $ Architectural (cabinets. sink. faucet, pulls) Ffil&O $4.015 $4,815 Plumbing Service Plumbing 51.000 $1,000 - Painting FM&O $2,633 , 52,633 Floarino PEAC Mechanics 510 HVAC Johnson Controls $0 LT. Voice & Data (jacks, cable) I.T.Trhumb $0 Electrical/Lighting Mode SD_ 50 Moving (furniture.boxes & files) FM&O Furnitune (Installation) Aires 10 Signage Done Right $0 Security (Cameras, card readers.locks & Cylinders) FM&O/Thurnb $1,000, 51.900 Roof Repair Carton : Subtotal 59,548 $1,000 $10,54€1 Contingency (1514 $1.432 $150 $1.582 Total $10,910 $1.150 $12,130 This estimate reflects tie work required to: Instal lockset and keys on 9 office doors Build and instal cabinets & counter Instal plumbing as required Instal sink Paint 4 offices for Commerce Connect GS A GSA Public Buildings Service LESSOR'S ANNUAL COST STATEMENT . SOLICITATION FOR OFFERS 2. STATEMENT DATE GS-05B-18683 2. RENTABLE AREA (SQ. FT.) 3A. ENTIRE BUILDING 38. LEASED BY 3707 29799 GOVT 4. BUILDING NAME BUILDING STREET Administrative Annex I Campus Drive South CITY STATE ZIP CODE Waterford Michigan 48328 SECTION I - ESTIMATED ANNUAL COST OF SERVICES & UTILITIES FURNISHED BY LESSOR AS PART OF RENTAL CONSIDERATION SERVICES AND UTILITIES LESSOR'S ANNUAL COST FOR: ENTIRE BUILDING GOVT-LEASED AREA GOVT USE ONLY (a) (b) (C) . A. CLEANING, JANITOR AND/OR CHAR SERVICE _ 5. SALARIES 56028 6970 6. SUPPLIES (wax, cleansers, cloths, etc.) 7841 975 _ 7. CONTRACT SERVICES (Window washing, waste and 3965 493 snow removal) _ B. HEATING . 8. SALARIES 7612 947 .. 9. FUEL ("x" one) 51123 6360 OIL X GAS COAL ELECTRIC _ _ 10. SYSTEM MAINTENANCE AND REPAIR 10720 1334 _ . C. ELECTRICAL 11. CURRENT FOR LIGHT AND POWER (Including 60149 7483 elevators) _ _ 12. REPLACEMENT OF BULBS, TUBES, STARTERS 3334 415 13. POWER FOR SPECIAL EQUIPMENT N/A N/A 14. SYSTEM MAINTENANCE AND REPAIR (Ballasts, 7219 898 fixtures, etc.) D. PLUMBING - ---- 15. WATER (For all purposes) (Include sewage charges) 2335 290 16. SUPPLIES (Soap, towels, tissues not in 6 above) 112 14 17. SYSTEM MAINTENANCE AND REPAIR 1727 215 E. AIR CONDITIONING i 18. UTILITIES (Include electricity, if not in C11) Included n Included in C11 C11 GSA FORM 1217 1994-electronic ver. Page 1 o12 • i i 19. SYSTEM MAINTENANCE AND REPAIR Included n Included in 810 B10 F. ELEVATORS 20. SALARIES (Operators, starters, etc.) N/A N/A 21. SYSTEM MAINTENANCE AND REPAIR N/A N/A .. G. MISCELLANEOUS 22. BUILDING ENGINEER AND/OR MANAGER 13675 1701 _. 23. SECURITY (Watchmen, guards, not janitors) 418 52 24. SOCIAL SECURITY TAX AND WORKMEN'S Included in Included in COMPENSATION INSURANCE Salaries Salaries 25. LAWN AND LANDSCAPING MAINTENANCE Includes 23489 2922 in house snow removal 26. OTHER (Explain on separate sheet) 8179 1017 27. TOTAL $257,926 $32,086 $0.00 SECTION II- ESTIMATED ANNUAL COST OF OWNERSHIP EXCLUSIVE OF CAPITAL CHARGES 28. REAL ESTATE TAXES 29. INSURANCE (Hazard, liability, etc.) included in Mgmt Included in Mgmt 30. BUILDING MAINTENANCE AND RESERVES FOR REPLACEMENT 31. LEASE COMMISSION 32. MANAGEMENT — Also Includes Insurance 165930 20642 33. GRAND TOTAL $423,856 $52,728 $0.00 L , LESSOR'S CERTIFICATION - The amounts entered in Columns (a) and (b) represent my best estimate as to the annual costs of services, utilities and ownership. TITLE NAME SIGNATURE DATE 34A. (Check one) 34B. 34C. 34D. • Owner • Legal Agent 35A. (Check one) 35B. - 35C. 35D. • Owner OLegal Agent GSA FORM 1217 1994-electronic var. Page 2 of 2 Additional Costs FY 2009 - Administrative Annex I Laundry Doors and Windows Painting and Plastering Drapery Repair/Replace Carpeting Floor Repair Roof Repair Furniture and Equip Repair Fire Protection Keys Pest Control 443.00 731.00 369.00 1,619.00 129.00 165.00 241.00 36.00 2,429.00 1,387.00 630.00 $8,179.00 ATTACHMENT I TO GSA FORM 3626 MINIMUM LEASE SECURITY STANDARDS DOORS: HARDWARE (NOV 2005) Doors shall have door handles or door pulls with heavy-weight hinges. All doors shall have corresponding door stops (wall- or floor-mounted) and silencers. All door entrances leading into the Government-demised area from public corridors, and exterior doors shall have automatic door closers. Doors designated by the Government shall be equipped with 5-pin, tumbler cylinder locks, and strike plates. All locks shall be master keyed. The Government shall be furnished with at least 2 master keys for each lock. Any exterior entrance shall have a high security lock, with appropriate key control procedures, as determined by government specifications. Hinge pins and hasps shall be secured against unauthorized removal by using spot welds or peened mounting bolts. The exterior side of the door shall have a lock guard or astragal to prevent jimmying of the latch hardware. Doors used for egress only should not have any operable exterior hardware. All security- locking arrangements on doors used for egress shall comply with requirements of INIPPA 101. 1.2. LIGHTING: PARKING AREAS (NOV 2005) A. Exterior parking areas, vehicle driveways, pedestrian walkways, and building perimeter shall have 5 foot-candles for doorway areas, 3 foot-candles for transition areas (including stairwells), and at least 1 foot-candle overlapping throughout the lot, except where local codes conflict. Illumination shall be designed based on Illuminating Engineering Society of North America (IESNA) standards. Indoor parking shall have a minimum of 10 foot-candles and shall be designed based on 1ESNA standards. The intent is to provide adequate lighting at entrances/exits, garages, parking lots, or other adjacent areas to the building to discourage crimes against persons. If necessary, additional lighting may be requested to accommodate security monitoring (i.e., closed circuit television camera). B. Exterior building lighting shall possess emergency power backup to provide for safe evacuation of the building in case of natural disaster, power outage, or criminal/terrorist activity. 1.3. OCCUPANCY EMERGENCY PLANS (NOV 2005) The Lessor shall be required to participate in the development and implementation of the Government Occupancy Emergency Plan. The Occupant Emergency Plan shall include procedures for notifying the Lessor's building engineer or manager, building security, local emergency personnel, and GSA personnel for possible shutdown of the air-handling units. 1.4. LEASE SECURITY: STANDARDS (NOV 2005) A. Overview of Lease Security Standards: 1. The Government will determine security standards for facilities and agency space requirements. Security standards are assessed based upon tenant agency mix, size of space requirement, number of employees, use of the space, location of the facility, configuration of the site and lot, and public access into and around the facility. The Government will designate a security level for each space requirement from Level 1 to Level IV. The GSA Contracting Officer (or the Contracting Officer's designated representative) will provide the security level designation as part of the space requirement. A copy of the Government's security standards is available at www. oca.qsa.goY. 2. A security level designation may be determined by the individual space requirement or by the assessed, cumulative tenant agency mix within a giver facility. If an Offeror is offering space in a facility currently housing a federal agency, the security level designation of the facility may be increased and the Offeror may be required to adhere to a higher security standard than other Offerors competing for the same space requirement. If two or more federal space requirements are being competed at the same time, an Offeror submitting on both or more space requirements may be subject to a higher security standard if the Offeror is determined to be the successful Offeror on more than one space requirement. It is incumbent upon the Offeror to prepare the proposal accordingly. B. Deterrence to Unauthorized Entry: The Lessor shall provide a level of security that reasonably prevents unauthorized entry to the space during non-duty hours and deters loitering or disruptive acts in and around the space leased. The Lessor shall ensure that security cameras and Fighting are not obstructed. C. Prevent Unauthorized Access to Utility Areas: Utility areas shall be secure, and only authorized personnel shall have access. D. Provide Emergency Power to Critical Systems (Alarm Systems, Radio Communications, Computer Facilities, Etc.): All alarm systems, CCTV monitoring devices, fire detection systems, entry control devices, lighting, etc., and special security requirements requiring power, as identified elsewhere in the Solicitation for Offers (SFO), must have emergency power sources. E. Prevent Public Access to Mechanical Areas and Building Roofs: 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 FIVAC diagrams and liVAC system labeling within mechanical areas. Roofs with HVAC systems shall also be secured. Fencing or other barriers may be required to restrict access from adjacent roofs based on a 1.1. 2 ATTACHMENT I TO GSA FORM 3626 MINIMUM LEASE SECURITY STANDARDS 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. F. Restrict Access to Building Information: 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, preferably by the development of an access list and controlled copy numbering. At the direction of the Contracting Officer, the names and locations of Government tenants may not to be disclosed within any publicly accessed document or record. If Government tenants will not be disclosed, the Government may request that such information not be posted in the building directory. G. Posting of Government Rules and Regulations: The Government will post applicable Government rules and regulations at the entrance to any Government-occupied space for such things as, but not limited to, barring the unauthorized possession of firearms and dangerous weapons. The Government shall coordinate with the Lessor to ensure signage is consistent with the Lessor's standards. H. Development, Implementation and Periodic Review of Occupant Emergency Plans: Building owners and managers shall cooperate and participate in the development of an Occupant Emergency Plan (OEP) and if necessary, a supplemental Sheltering-in Place (SIP) Plan. Periodically, the Government may request that the building owners and managers assist in reviewing and revising the OEP and SIP plan(s). 1. Building Security Plan: The Offeror shall provide a pre-lease building security plan with its offer that addresses compliance with the lease security standards, described in this SFO and its attachments. J. Background Security Checks for Contract Service Personnel: 1. The Government will conduct background checks on contractors with routine access to Government leased space. 2. The Lessor shall 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 requiring routine access to the Government's leased space. The Government may also require this information for employees of the Lessor, the Lessor's contractors, or subcontractors who will be engaged to perform alterations or emergency repairs in the Government's space. For the purpose of this requirement, routine access shall be any period beyond 30 calendar days. 3. The Contracting Officer will furnish the Lessor with Form FD-258, Fingerprint Chart, and Form 176, Statement of Personal History, to be completed by each person and returned by the Lessor to the Contracting Officer (or the Contracting Officer's designated representative) within 10 working days from receipt of the forms. 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 fails the check, and effective immediately, such employee will no longer be allowed to work or be assigned to work in the Government's space. 4. Throughout the life of the lease, the Lessor shall provide the same data for any new employee(s), contractors, or subcontractors who will be assigned to the Government's space. 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 Lessor shall resubmit Form FD-258 and Form 176 for every employee covered by this paragraph on a 3-year basis. K. Shatter-Resistant Window Protection: 1. The Lessor shall provide and install wet-glazed or mechanically attached, shatter-resistant material not less than 0.18 millimeters (7 mil) thick on all exterior windows in Government-occupied space. The Offeror shall provide a description of the shatter-resistant window system in the attached °Pre-Lease Building Security Plan" for evaluation by the Government. Alternatively, 2. The Lessor shall provide certification from a licensed professional engineer that the window system conforms to a minimum glazing performance condition of "313" for a high protection level and a low hazard level. Window systems shall be certified as prescribed by WINGARD 4.1 or later or WINLAC 4.3 software to have satisfied the specified performance condition using the test methods provided in the US General Services Administration Standard Test Method for Glazing and Window Systems Subject to Dynamic Overpressure Loadings or ASTM F1642-04 Standard Test Method for Glazing and Glazing Systems Subject to Airblast Loadings. L. Peepholes: Peepholes are required in all doors to the Government-occupied space as an effective visual recognition system for small offices. This system shall comply with the Architectural Barriers Act, section F230.1. - 3 - ATTACHMENT I TO GSA FORM 3626 MINIMUM LEASE SECURITY STANDARDS M. Intercom: An intercom system is required and will be used in conjunction with a peephole system. This system shall comply with the Architectural Barriers Act, section F230.0. N. Entry Control with CCTV and Door Strikes: An entry control system is required that will allow employees to view and communicate remotely with visitors before allowing access. This system shall comply with the Architectural Barriers Act, section F230.0. 0. Airborne Hazards: Air-handling units must be able to be shut down in response to a threat. Procedures shall be in place for notifying the Lessor's building engineer or manager, building security guard desk, local emergency personnel, GSA personnel, and Contracting Officer for possible shut-down of the air handling units serving the mailroom and/or any other possibly affected areas of the building to minimize possible contamination, as deemed appropriate to the hazard. A Government-approved Occupant Emergency Plan shall provide for the evacuation of the building or sheltering-in-place procedures. P. CCTV Surveillance Cameras with Time Lapse Video Recording: Twenty-four hour CCTV coverage and recording are required. The Government's Building Security Assessment of the building will determine the exact number of cameras and locations. Time-lapse video recordings (digital storage) are also required as a source of evidence and investigative leads. The Government will centrally monitor the CCTV Surveillance. Government specifications are available from the Contracting Officer. Q. Post Signs Advising of 24-hour Video Surveillance: When video surveillance is installed, warning signs advising of 24-hour surveillance shall be posted. R. Temporary Security Upgrade Due to Immediate Threat: The Government reserves the right, at its own expense and with its own personnel, to temporarily (generally not to exceed 120 days, but a longer duration could be required due to a national emergency) heighten security in the building under lease during heightened security conditions due to emergency situations such as terrorist attacks, natural disaster, and civil unrest. S. Additional Security Measures as Determined by the Government: The Government reserves the right, prior to the submission of final revised proposals, to require additional security measures to meet specific tenant occupancy requirements, as may be determined by the Government's building security assessment or any type of Government risk assessment evaluation of the proposed building, location, and tenant mix. Solicitation Number GS-0513-18683 09/15/2010 REPRESENTATIONS AND CERTIFICATIONS (Short Form) (Simplified Acquisition of Leasehold Interests in Real Property for Leases Up to $100,000 Annual Rent) 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. SMALL BUSINESS REPRESENTATION (JAN 2007) (a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 531190. (2) The small business size standard is $19.0 Million in annual average gross revenue of the concern for the last 3 fiscal years. 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. (b) Representations. (1) The Offeror represents as part of its offer that it [ ] is, [x is not a small 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, r] 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 concern 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 concern in paragraph (b)(1) of this provision.] The Offeror represents as part of its offer that it [ ] is, 1 ] is not a veteran-owned small business concern. (5) [Complete 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. (6) [Complete only if the 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: Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (3 ) INITIALS: LESSOR GOVERNMENT GSA FORM 351BA PAGE 1 (REV 1107) 2. 52.222-22 - PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) (Applicable to leases over $10,000.) The Offeror represents that— (a) It [ ] has, [X] has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation; (b) It [ ] has, [ X ] 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.) 3. 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, [ X ] 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 [ X] 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.) 4. 52.203-11 – CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2005) (Applicable to leases over $100,000.) THIS SECTION NOT APPLICABLE (a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification. (b) 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 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 his or her behalf in connection with the awarding of a contract; (2) 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 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 his or her behalf in connection with this solicitation, the Offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 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) (c) INITIALS: LESSOR GOVERNMENT GSA FORM 3518A PAGE 2 (REV 1107) [ [ [ [ [ 5. 52.204-3 - TAXPAYER IDENTIFICATION (OCT 1998) (a) Definitions. "Common 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 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. (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 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. 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: 38-6004876 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; Offeror is an agency or instrumentality of the Federal government; (C) (e) Type of organization. [ ] Sole proprietorship; [ ] Partnership; [ ] Corporate entity (not tax-exempt); [ ] Corporate entity (tax-exempt); (f) Common Parent. [X] Government entity (Federal, State, or local); [ ] Foreign government; [ International organization per 26 CFR 1.6049-4; I J Other 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 6. 52.204-6 — 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 Offerors 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. [X] [ INITIALS: LESSOR GOVERNMENT GSA FORM 3518A PAGE 3 (REV 1/07) (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) Company legal business name. (ii) 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. (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). 7. 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 # 136200362 8. CENTRAL CONTRACTOR REGISTRATION (JAN 2007) The Central Contractor Registration (CCR) System 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 CCR prior to lease award. The Offeror shall register via the Internet at http://www.ccr.gov. To remain active, the Offeror/Lessor is required to update or renew its registration annually. [X] Registration Active and Copy Attached [ ] Will Activate Registration and Submit Copy to the Government Prior to Award INITIALS: LESSOR GOVERNMENT GSA FORM 3518A PAGE 4 (REV 1/07) Signature Date OFFEROR OR AUTHORIZED REPRESENTATIVE TELEPHONE NUMBER 248-858-0160 NAME, ADDRESS (INCLUDING ZIP CODE) LEGAL BUSINESS NAME County of Oakland, A Michigan Constitutional Corporation STREET 1200 N. Telegraph Rd., CITY Pontiac STATE Michigan ZIP 48341-1907 INITIALS: LESSOR GOVERNMENT GSA FORM 3518A PAGE 5 (REV 1107) UUK NearCh Kesults Yage 1 of 3 CCR Search Results Not to be used as certifications and representations. See ORCA for official certification. 'Registration Status: Active in CCR; Registration valid until 07/19/2011. DUNS: 136200362 DUNS PLUS4: CAGE/NCAGE: 39SZ3 Legal Business Name: OAKLAND, COUNTY OF Doing Business As (DBA): Division Name: COMMUNITY & HOME IMPROVEMENT Division Number: Company URL: Physical Street Address 1: 1200 N TELEGRAPH RD DEPT 470 Physical Street Address 2: Physical City: PONTIAC Physical State: MI Physical Foreign Province: Physical lip/ Postal Code: 48341-1036 Physical Country: USA Mailing Name: KARRY RIETH, MANAGER, OAKLAND COUNTY COMM & HOME IMP Mailing Street Address 1: OAKLAND POINTE, 250 ELIZABETH LAKE ROAD, SUITE 1900 Mailing Street Address 2: Mailing City: PONTIAC Mailing State: MI Mailing Foreign Province: Mailing Zip/Postal Code: 48341-0414 Mailing Country: USA Business Start Date: 01/01/1974 Delinquent Federal Debt: No CORPORATE INFORMATION Type of Organization U.S. Government Entity Business Types/Grants 12 - U.S. Local Government C7 - County V2 - Grants https://www_bpn.gov/CCRSearch/detail.aspx 9/14/2010 Signature Date OFFEROR OR AUTHORIZED REPRESENTATIVE TELEPHONE NUMBER 248-858-0160 NAME, ADDRESS (INCLUDING ZIP CODE) LEGAL BUSINESS NAME County of Oakland, A Michigan Constitutional Corporation STREET 1200 N. Telegraph Rd., CITY Pontiac STATE Michigan ZIP 48341 INITIALS: LESSOR GOVERNMENT GSA FORM 3518A PAGE 5 (REV 1107) NAICS Code 925120 Administration of Urban Planning and Community and Rural Development North American Industry Classification System (NAICS) The small business size status is derived from the receipts, number of employees, assets, barrels of oil, and/or megawatt hours entered by the vendor during the registration process. Description Small Business No Emerging Small Business No CCR Search Results Page 2 of 3 DISASTER RESPONSE INFORMATION Bonding Levels Construction Bonding Level, Per Contract (dollars): Construction Bonding Level, Aggregate (dollars): Service Bonding Level, Per Contract (dollars): Service Bonding Level, Aggregate (dollars): Geographic Areas Served No geographic areas specified GOODS / SERVICES North American Industry Classification System (NAICS) 925120 - Administration of Urban Planning and Community and Rural Development Product Service Codes (PSC) Federal Supply Classification (FSC) SMALL BUSINESS TYPES SOB, BA and HubZone certifications come from the Small Business Administration and are not editable by CCR vendors. Business Types Expiration Date CCR POINTS OF CONTACT Government Business Primary POC Name: SCOTT GUZZY Address Line 1: PURCHASING DIVISION Address Line 2: 2100 PONTIAC LAKE RD City: WATERFORD Government Business Alternate POC Name: JACK SMITH Address Line 1: PURCHASING DIVISION Address Line 2: 2100 PONTIAC LAKE RD City: WATERFORD https://www.bpn.gov/CCRSearclildetailaspx 9/14/2010 CCR Search Results Page 3 of 3 • State: MI Foreign Province: Zip/Postal Code: 48328 Country: USA U.S. Phone: 248-858-5484 Non-U.S. Phone: Fax: 248-858-1677 State: MI Foreign Province: Zip/Postal Code: 48328 Country: USA U.S. Phone: 248-858-0522 Non-U.S. Phone: Fax: 248-858-1677 Past Performance Primary POC Past Performance Alternate POC Name: Name: Address Line 1: Address Line 1: Address Line 2: Address Line 2: City: City: State: State: Foreign Province: Foreign Province: Zip/Postal Code: Zip/Postal Code: Country: Country: U.S. Phone: U.S. Phone: Non-U.S. Phone: Non-U.S. Phone: Fax: Fax: Electronic Business Primary POC Electronic Business Alternate POC Name: GAIA PIIR Name: GALA PIIR Address Line 1: FISCAL SERVICES DIVISION Address Line 1: 2100 PONTIAC LAKE ROAD Address Line 2: 2100 PONTIAC LAKE RD Address Line 2: City: WATERFORD City: WATERFORD State: MI State: MI Foreign Province: Foreign Province: Zip/Postal Code: 48328 Zip/ Postal Code: 48328 Country: USA Country: USA U.S. Phone: 248-858-1037 U.S. Phone: 248-858-1037 Non-U.S. Phone: Non-U.S. Phone: Fax: 248-858-9724 Fax: 248-858-9724 https://www.bpn.gov/CCRSearch/detail.aspx 9/14/2010 PRELEASE FIRE PROTECTION AND LIFE SAFETY EVALUATION FOR A LOW-RISE OFFICE BUILDING The Offeror or the Offeror's representative shall complete this form based on a walk-through of the building or their knowledge of the building's fire protection and life safety systems. This form consists of a series of short answer and yes/no/not applicable questions related to the building's fire protection and life safety systems. 1. Fundamental Code Requirements. a. The offered building shall be evaluated for compliance with the most recent edition of the building and fire code adopted by the jurisdiction in which the building is located; with the exception that the technical egress requirements of the building shall be evaluated based on the egress requirements of the National Fire Protection Association (NFPA) 101, Life Safety Code. All areas that do not meet the above stated criteria shall be identified as to the extent that they do comply. 2. Definitions. a. Low-Rise Building: A building less than 75 feet in height where the building height is measured from the lowest level of fire department vehicle access to the floor of the highest occupied floor. A building that is 5 stories or less in height is typically considered a low-rise b. Hazardous Areas: Any space or compartment within a building in which storage or other activity exists that is not part of normal office space arrangements and that possesses the potential for producing a fully involved fire. Such areas used for: the storage or use of combustibles or flammabies; toxic, noxious, or corrosive materials; or heat producing appliances, etc. (as defined in the latest edition of NFPA 101, Life Safety Code). The Offeror states, as part of this offer, that the proposed space/building is as described below and that the information provided is accurate. In addition, the Offeror agrees all features and devices described below are in operating order and properly maintained. THIS SFO PRELEASE FORM WILL BE COMPLETED BY THE OFFEROR OR THE OFFEROR'S REPRESENTATIVE. Please provide additional pages should this form not provide sufficient space to respond adequately to any question. BUILDING ADDRESS Building Name: ADMINISTRATIVE ANNEX I Building Address: 1200 N.TELEGRAPH RD. BUIDLDING 47 WEST City: PONTIAC State: MI 9-Digit Zip Code: 48341-0457 BUILDING CODE AND FIRE CODE ADOPTED BY LOCAL JURISDICTION Building Code: MICHIGAN BUILDING CODE YEAR: 2006 Fire Code: INTERNATIONAL FIRE CODE YEAR: 2006 SIZE AND LAYOUT The following information applies to (check one): El an existing building E1 a building planned for lease construction • a building planned for lease construction with Government option to purchase Identify each floor in which space is offered to Government: 1ST Identify gross square footage of space offered to Government on each floor: 3707 Identify height (in feet) of the building above the lowest level of fire department vehicle access: 12' Identify the number of floors above the lowest level of fire department vehicle access: 1 Identify the number of floors below the lowest level of fire department vehicle access: OTHER OCCUPANCIES IN BUILDING (Check All That Apply) • Restaurants Laboratories • Storage El Retail 0 Other (list) BUSINESS PRELEASE FIRE PROTECTION AND LIFE SAFETY EVALUATION FOR A LOW-RISE OFFICE BUILDING BUILDING CONSTRUCTION TYPE (Check One) Fire resistive 0 Heavy Timber E Ordinary 0 Wood Frame Unprotective non-connbusfible VERTICAL OPENINGS (CHECK ONE) Between Two or More Floors Exit Stairways open 1=1 enclosed with doors, provide description _ Shafts • open • enclosed, provide description Atrium open 0 enclosed, provide description Other 0 open • enclosed, provide description None ISI ELECTRICAL SYSTEM Please Check YES, NO, or NA to the following question: YES NO NA The building electrical system appears to comply with the NFPA 70, National Electfical Code in that there are no obvious deficiencies (e.g., temporary wiring, use of extension cords, deteriorated equipment, missing X equipment, etc.). If potential problems are noted, describe on an attached sheet. BUILDING EGRESS AND EXITING SYSTEM Please Check YES, NO, or NA to the following questions: YES NO NA Unrestrictive access is provided to a minimum of two exits on each floor. X Scissor stairs count as only one approved exit X Fire escapes are not counted as an approved exit. X Corridors have a 1-hour fire-resistive rating. X Exit access is at least 44 inches wide. X All exit stairways terminate directly at a public way or at an exterior exit discharge. X All exit doors swing in the direction of exit travel. X BUILDINGS PROTECTED THROUGHOUT BY AUTOMATIC FIRE SPRINKLERS Please Check YES, NO, or NA to the following questions: YES NO NA The minimum separation distance between two exits or exit access doors measured in a straight line between the exits or exit access doors shall not be less than one-third the length of the maximum overall diagonal X dimension of the building or area served. The travel distance to the exits is not more than 300 feet. X The maximum length of a dead-end corridor is 50 feet._ X The common path of travel is not more than 100 feet in length. X BUILDINGS NOT PROTECTED THROUGHOUT BY AUTOMATIC FIRE SPRINKLERS Please Check YES, NO, or NA to the following questions: YES NO NA The minimum separation distance between two exits or exit-access doors measured in a straight line between the exits or exit-access doors shall not be less than one-half the length of the maximum overall diagonal X dimension of the building or area served. - The travel distance to the exits is not more than 200 feet. X The maximum length of a dead-end corridor is 50 feet, X The common path of travel is not more than 75 feet in length. X _ PRE LEASE FIRE PROTECTION AND LIFE SAFETY EVALUATION FOR A LOW-RISE OFFICE BUILDING STANDPIPES AND PORTABLE FIRE EXTINGUISHERS F Please Check YES, NO, or NA to the following questions: YES NO NA Standpipes are installed in building. X Portable fire extinguishers are installed in building. X BUILDING EXIT HARDWARE AND EGRESS DOORS Please Check YES, NO, or NA to the following questions: YES NO NA All exit stairway doors are in proper working order. X All exit stairway doors are self-closing or automatic-closing; and self-latching. X In an emergency, all exit stairway doors permit re-entry from the exit stairway enclosure to the interior of the building. X Exit doors require one action to open (e.g., no locks, locked during unoccupied periods only). X NOTE: Special locking arrangements may be permitted if allowed by local jurisdiction. AUTOMATIC FIRE SPRINKLERS Please Check YES, NO, or NA to the following questions: YES NO NA Automatic fire sprinklers are installed throughout the building. X Automatic fire sprinklers are installed in all below-grade space. X Automatic fire sprinklers are installed only in corridors. X Automatic fire sprinklers are installed in all hazardous areas (as defined by NFPA 101, Life Safety Code). X Automatic fire sprinklers are installed in other locations in the building (describe locations on additional sheet). X Central Sprinkler Company's Omega line of fire sprinklers are installed in the building (describe location(s), X model(s), number of sprinklers, date installed, etc. on additional sheet). Automatic fire sprinklers having an "O-Ring" are installed in the building (describe location(s), model(s), number X of sprinklers, date installed, etc. on additional sheet). The automatic fire sprinkler system is electronically supervised in accordance with NFPA 13, Standard for Installation of Sprinkler Systems. X The automatic fire sprinkler system is maintained in accordance with the applicable local codes or NFPA 25, X Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems. SMOKE DETECTORS Please Check YES, NO, or NA to the following questions: YES NO NA Smoke detectors are installed throughout the building. X Smoke detectors are installed only in corridors. X Smoke detectors are installed only in elevator lobbies. X Smoke detectors are installed in all hazardous areas (as defined by NFPA 101, Life Safety Code). X Smoke detectors are installed in other locations in the building (describe other locations on additional sheet). X Duct smoke detectors are installed in the building. X HEAT DETECTORS Please Check YES, NO, or NA to the following questions: YES NO NA Heat detectors are installed throughout the building. X Heat detectors are installed only in corridors. X Heat detectors are installed in all hazardous areas (as defined by NFPA 101, Life Safety Code). X Heat detectors are installed in other locations in the building (describe other locations on additional sheet). X PRELEASE FIRE PROTECTION AND LIFE SAFETY EVALUATION FOR A LOW-RISE OFFICE BUILDING FIRE ALARM SYSTEM Please Check YES, NO, or NA to the following questions: YES NO NA A fire alarm system is installed in the building. X Audible alarm notification appliances are installed and located throughout the building to be effectively heard X above normal conditions of occupancy. Visible alarm notification appliances are installed and located throughout the building. X Operation of the tire alarm system automatically notifies building occupants to evacuate or relocate within the building. X Operation of the fire alarm system automatically notifies the local fire department or UL central station service. X Emergency power is provided for the fire alarm system. X The fire alarm system has emergency voice communication capabilities. X The fire alarm system is maintained in accordance with the applicable local codes or NFPA 72, National Fire X Alarm Code. HAZARDOUS AREAS Hazardous Areas as defined by NFPA 101, Life Safety Code Please Check YES, NO, or NA to the following questions: YES NO NA Hazardous areas are located in the building. X List locations of all hazardous areas in the building (describe locations on additional sheet), X EXIT SIGNS. EMERGENCY LIGHTING, & EMERGENCY POWER Please Check YES, NO, or NA to the following questions: YES NO NA Illuminated exit signs are installed along exit paths. X Emergency lighting is installed along exit paths. X Emergency power is provided for building's life safety systems (e.g., exit signs, emergency lighting, fire alarm, etc.), X An emergency generator is installed in the building to provide emergency power tattle building's life safety systems. X An UPS system is installed in the building to provide emergency power to the building's life safety systems. X INTERIOR FINISH Please Check YES, NO, or NA to the following questions: YES NO Offered space has corkboard installed on walls. X Offered space has carpet installed on walls. X Offered space has wood paneling installed on walls. X ELEVATORS Please Check YES, NO, or NA to the following questions: YES NO Elevators have a current certificate of elevator inspection from the local jurisdiction. Elevators are equipped with telephones or other two-way emergency signaling systems connected to an emergency communication location manned during normal working hours when the elevators are in service. Elevators are automatically recalled by smoke detectors located in elevator lobbies and machine rooms. Elevators recall to an alternate level when activated by primary level smoke detector. Elevators are equipped with firemen's manual capture feature. PUBLIC ADDRESS SYSTEMS Please Check YES, NO, or NA to the following question: YES NO NA An independent public address system is provided throughout the building. X GENERAL CLAUSES (Simplified Leases) (Acquisition of Leasehold Interests in Real Property for Leases Up to $100,000 Net Annual Rent) FULL TEXT OF CLAUSES GS-058-18683 1. The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased premises and all other areas of the building to which access is necessary to ensure a safe and health work environment for the Government tenants and the Lessor's performance under this lease. 2. If the building is partially or totally destroyed or damaged by fire or other casualty so that the leased space is untenantable as determined by the Government, the Government may terminate the lease upon 15 calendar days written notice to the Lessor and no further rental will be due. 3. The Lessor shall maintain the demised premises, including the building, building systems, and all equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and tenantable condition. Upon request of the Contracting Officer, the Lessor shall provide written documentation that building systems have been maintained, tested, and are operational. 4. In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of this lease, the Government may perform the service, provide the item, or meet the requirement, either directly or through a contract. The Government may deduct any costs incurred for the service or item, including administrative costs, from rental payments. 5. 552.203-5 COVENANT AGAINST CONTINGENT FEES (FEB 1990) (Applicable to leases over $100,000.) THIS SECTION NOT APPLICABLE 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 bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its 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. "Bona fide employee," as used in this clause, means a person, employed by a Contractor and subject to the Contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. "Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. "Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. (a) INITIALS: LESSOR GOVERNMENT GSA FORM 3517C PAGE 1 (REV 11/05) 6. 552.203-70 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1999) (Applicable to leases over $100,000.) THIS SECTION NOT APPLICABLE (a) If the head of the contracting activity (HCA) or his or her designee determines that there was a violation of subsection 27(a) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as implemented in the Federal Acquisition Regulation, the Government, at its election, may— (1) Reduce the monthly rental under this lease by 5 percent of the amount of the rental for each month of the remaining term of the lease, including any option periods, and recover 5 percent of the rental already paid; (2) Reduce payments for alterations not included in monthly rental payments by 5 percent of the amount of the alterations agreement; or 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 therefor. The Lessor shall have a period 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. 7. 52.204-7 CENTRAL CONTRACTOR REGISTRATION (OCT 2003) (VARIATION) (a) Definitions. As used in this clause— "Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government. "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 CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern. 'Offeror' means the owner of the property offered, not an individual or agent representing the owner. "Registered in the CCR database" means that— (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS-'-4 number, into the CCR database; and (2) The Government has validated all mandatory data fields and has marked the record Active." (b) (1) By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee must be registered with D&B and in the CCR database prior to award, during performance, and through final payment of any contract resulting from this solicitation. (2) The Offeror shall enter in the appropriate block, on the GSA Form 3518, entitled Representations and Certifications, the legal entity's name and address, followed by the DUNS or DUNS +4 number that identifies the Offeror's name and address exactly as (3) INITIALS: a LESSOR GOVERNMENT GSA FORM 3517C PAGE 2 (REV 11105) (C) (d) (e) (f) (g) stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the Offeror is registered in the CCR database. 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://wvvw.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) Company legal business. (ii) 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. (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). If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. 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. The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR 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 CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (1) (i) 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, the Contractor shall comply with the requirements of Subpart 42.12 of the Federal Acquisition Regulations (FAR) and provide the responsible Contracting Officer a fully revised and initialed/signed GSA Form 3518 entitled Representations and Certifications along with written notification of its intention to (A) change the name in the CCR database; and (B) provide the Contracting Officer with sufficient documentation to verify and confirm the legally changed name or change in ownership. (ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR 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 CCR record to reflect an assignee for the purpose of assignment of claims. Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information. INITIALS: LESSOR GOVERNMENT GSA FORM 3517C PAGE 3 (REV 11/05) (h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.dov or by calling 1-888-227-2423, or 269-961-5757. 8. 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JAN 2005) (Applicable to leases over $25,000.) (a) The Government suspends or debars Contractors to protect the Government's interests. The Contractor shall not enter into any subcontract in excess of $25,000 with a Contractor that is debarred, suspended, or proposed for debarment unless there is a compelling reason to do SO. (b) The Contractor shall require each proposed first-tier subcontractor, whose subcontract will exceed $25,000, 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. (c) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the Excluded Parties List System). The notice must include the following: (1) The name of the subcontractor, (2) The Contractors knowledge of the reasons for the subcontractor being in the Excluded Parties List System. (3) The compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion in the Excluded Parties List System. (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 spedfic basis for the party's debarment, suspension, or proposed debarment. 9. 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JUL 2005) (Applicable to leases over $500,000.) THIS SECTION NOT APPLICABLE (a) This clause does not apply to small business concerns. (b) Definitions. As used in this clause— "Commercial item" means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation. "Commercial 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). "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 Offeror's planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on 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. INITIALS: LESSOR GOVERNMENT GSA FORM 3517C PAGE 4 (REV 11105) (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 subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. (2) A statement of- (i) 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; (ii) Total dollars planned to be subcontracted to small business concerns; (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 HUBZone small business concerns; (vi) Total dollars planned to be subcontracted to small disadvantaged business concerns; 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; (ii) 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. (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 Procurement Marketing and Access Network (PRO-Net) of the Small Business Administration (SBA), 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 on the information contained in PRO-Net 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 PRO-Net as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause. INITIALS: LESSOR GOVERNMENT GSA FORM 35170 PAGE 5 (REV 11/05) (7) (8) (9) (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; (ii) 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. The name of the individual employed by the Offeror who will administer the Offeror's subcontracting program, and a description of the duties of the individual. 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. Assurances that the Offeror will include the clause of this contract entitled "Utilization 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 $500,000 ($1,000,000 for construction of any public facility) 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; (ii) Submit periodic reports so that the Government can determine the extent of compliance by the Offeror witti the subcontracting plan; (iii) Submit Standard Form (SF) 294, Subcontracting Report for Individual Contracts, and/or SF 295, Summary Subcontract Report, in accordance with paragraph (j) of this clause. The reports shall provide information on subcontract awards to small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concems, women-owned small business concerns, and Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with the instructions on the forms or as provided in agency regulations. (iv) Ensure that its subcontractors agree to submit SF 294 and SF 295. (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 small business, small disadvantaged business, and women-owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated): (i) Source lists (e.g., PRO-Net), 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. (ii) 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. (iii) Records on each subcontract solicitation resulting in an award of more than $100,000, 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; INITIALS: LESSOR GOVERNMENT GSA FORM 3517C PAGE 6 (REV 11/05) (f) (F) Whether women-owned small business concerns were solicited and, if not, why not; and (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 organizations; (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 concerns. 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, service-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 Central Contractor Registration (CCR) database or by contacting SBA. 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. 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 clause; provided— (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. (5) INITIALS: LESSOR GOVERNMENT GSA FORM 3517C PAGE 7 (REV 11/05) A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial items. The commercial plan shall relate to the Offeror's planned subcontracting generally, for both commercial and Government business, rather than solely to the Government contract. Commercial plans are also preferred for subcontractors that provide commercial items under a prime contract, whether or not the prime contractor is supplying a commercial item. (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) The failure of the Contractor or subcontractor to comply in good faith with— (1) The clause of this contract entitled "Utilization Of Small Business Concerns"; or (2) An approved plan required by this clause, shall be a material breach of the contract. (j) The Contractor shall submit the following reports: (1) Standard Form 294, Subcontracting Report for Individual Contracts. This report shall be submitted to the Contracting Officer semiannually and at contract completion. The report covers subcontract award data related to this contract. This report is not required for commercial plans. (2) Standard Form 295, Summary Subcontract Report. This report encompasses all of the contracts with the awarding agency. It must be submitted semi-annually for contracts with the Department of Defense and annually for contracts with civilian agencies. If the reporting activity is covered by a commercial plan, the reporting activity must report annually all subcontract awards under that plan. All reports submitted at the close of each fiscal year (both individual and commercial plans) shall include a breakout, in the Contractor's format, of subcontract awards, in whole dollars, to small disadvantaged business concerns by North American Industry Classification System (NAICS) Industry Subsector. For a commercial plan, the Contractor may obtain from each of its subcontractors a predominant NAICS Industry Subsector and report all awards to that subcontractor under its predominant NAICS Industry Subsector. 10. 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (JAN 1999) (Applicable to leases over $500,000.) THIS SECTION NOT APPLICABLE (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 (g) INITIALS: LESSOR GOVERNMENT GSA FORM 3517C PAGE 8 (REV 11105) 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. (f) Liquidated damages shall be in addition to any other remedies that the Government may have. 11. 552.219-72 PREPARATION, SUBMISSION, AND NEGOTIATION OF SUBCONTRACTING PLANS (JUN 2005) (Applicable to leases over 1.500 000 if solicitation requires submission of the subcontracting plan with initial offers.) THIS SECTION NOT APPLICABLE An Offeror, other than a small business concern, submitting an offer that exceeds $500,000 ($1,000,000 for construction) shall submit a subcontracting plan with its initial offer. The subcontracting plan will be negotiated concurrently with price and any required technical and management proposals, unless the Offeror submits a previously-approved commercial plan. (b) Maximum practicable utilization of small, HUBZone small, small disadvantaged, and women- owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors is a matter of national interest with both social and economic benefits. The General Services Administration (GSA) expects that an Offerors subcontracting plan will reflect a commitment to assuring that small, HUBZone small, small disadvantaged, women- owned, veteran-owned, and service-disabled veteran owned small business concerns are provided the maximum practicable opportunity, consistent with efficient contract performance, to participate as subcontractors in the performance of the resulting contract. An Offeror submitting a commercial plan can reflect this commitment through subcontracting opportunities it provides that relate to the Offerors production generally; i.e., for both its commercial and Government business. (c) GSA believes that this potential contract provides significant opportunities for the use of small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service- disabled veteran owned small business concerns as subcontractors. Consequently, in addressing the eleven elements described at FAR 52.219-9(d) of the clause in this contract entitled Small Business Subcontracting Plan, the Offeror shall: Demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran- owned, and service-disabled veteran owned small business concerns in performing the contract. (2) Include a description of the Offeror's subcontracting strategies used in any previous contracts, significant achievements, and how this plan will build upon those earlier achievements. Demonstrate through its plan that it understands the small business subcontracting program's objectives and GSA's expectations, and it is committed to taking those actions necessary to meet these goals or objectives. (d) In determining the acceptability of any subcontracting plan, the Contracting Officer will take each of the following actions: (1) Review the plan to verify that the Offeror demonstrates an understanding of the small business subcontracting program's objectives and GSA's expectations with respect to the program and has included all the information, goals, and assurances required by FAR 52.219-9. (2) Consider previous goals and achievements of contractors in the same industry. (a) (1 ) (3) INITIALS: LESSOR GOVERNMENT GSA FORM 35170 PAGE 9 (REV 11105) (3) Consider information and potential sources obtained from agencies administering national and local preference programs and other advocacy groups in evaluating whether the goals stated in the plan adequately reflect the anticipated potential for subcontracting to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns. (4) Review the Offeror's description of its strategies, historical performance and significant achievements in placing subcontracts for the same or similar products or services with small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns. The Offerors description can apply to commercial as well as previous Government contracts. (e) Failure to submit an acceptable subcontracting plan and/or correct deficiencies in a plan within the time specified by the Contracting Officer shall make the Offeror ineligible for award. 12. 552.219-73 GOALS FOR SUBCONTRACTING PLAN (JUN 2005) (Applicable to leases over $500 000 if solicitation does not require submission of the subcontracting plan with initial offers.) THIS SECTION NOT APPLICABLE Maximum practicable utilization of small, HUBZone small, small disadvantaged, women- owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors is a matter of national interest with both social and economic benefits. (1) The General Services Administration's (GSA's) commitment to ensuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns to participate as subcontractors in the performance of this contract, consistent with its efficient performance, must be reflected in the Offerors subcontracting plan submitted pursuant to the clause of this contract at FAR 52.219-9, Small Business Subcontracting Plan. (2) In addressing the eleven elements described at FAR 52.219-9(d), the Offeror shall demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran- owned, and service-disabled veteran owned small business concerns in performing this contract. An Offeror submitting a commercial plan can demonstrate its commitment in providing maximum practicable opportunities through subcontracting opportunities it provides to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns that relate to the Offeror's production generally; i.e., for both its commercial and Government business. The subcontracting plan shall include a description of the Offerors subcontracting strategies used in previous contracts and significant achievements, with an explanation of how this plan will build upon those earlier achievements. Additionally, the Offeror shall demonstrate through its plan that it understands the small business subcontracting program's objectives, GSA's expectations, and is committed to taking those actions necessary to meet these goals or objectives. (b) GSA believes that this contract provides significant opportunities for the use of small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors. Accordingly, it is anticipated that an acceptable subcontracting plan will contain at least the following goals: Small Business X percent HUBZone Small Business X percent Small Disadvantaged Business X percent Women-Owned Small Business X percent Veteran-Owned Small Business X percent Service-Disabled Veteran-Owned Small Business X percent (a) (3) INITIALS: & LESSOR GOVERNMENT GSA FORM 3517C PAGE 10 (REV 11105) NOTE: Target goals are expressed as a percentage of planned subcontracting dollars. (c) In determining the acceptability of any subcontracting plan, the Contracting Officer will— (1) Review the plan to verify that the Offeror has demonstrated an understanding of the small business subcontracting program's objectives and GSA's expectations with respect to the programs and has included all the information, goals, and assurances required by FAR 52.219-9; (2) Consider previous goals and achievements of contractors in the same industry; (3) Consider information and potential sources obtained from agencies administering national and local preference programs and other advocacy groups in evaluating whether the goals stated in the plan adequately reflect the anticipated potential for subcontracting to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns; and (4) Review the Offeror's description of its strategies, historical performance and significant achievements in placing subcontracts for the same or similar products or services with small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns. The Offerors description can apply to commercial as well as previous Government contracts. (d) Failure to submit an acceptable subcontracting plan and/or correct deficiencies in a plan within the time specified by the Contracting Officer shall make the Offeror ineligible for award. 13. 52.222-26 EQUAL OPPORTUNITY (APR 2002) (Applicable to leases over $10,000.) (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) 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 paragraphs (b)(1) through (b)(11) of 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 cla use. (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; (ii) Upgrading; (iii) Demotion; (iv) Transfer; (v) Recruitment or recruitment advertising; (vi) Layoff or termination; (vii) Rates of pay or other forms of compensation; and (viii) Selection for training, including apprenticeship. 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. (3) INITIALS: LESSOR GOVERNMENT GSA FORM 3517C PAGE 11 (REV 11105) (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. The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. 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. 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 paragraphs (b)(1) through (11) of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each 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. (c) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1. 14. 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) (Applicable to leases over $10,000.) (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 clocks, 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 (5) (7) (9) LESSOR GOVERNMENT GSA FORM 3517C PAGE 12 (REV 11105) 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 peiform 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. 15. 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.) Definitions. As used in this clause— "All employment openings" means all positions except executive and top management, those positions that will be filled from within the Contractor's organization, and positions lasting 3 days or less. This term includes full-time employment, temporary employment of more than 3 days duration, and part-time employment. "Executive and top management" means any employee— (1) Whose primary duty consists of the management of the enterprise in which the individual is employed or of a customarily recognized department or subdivision thereof; (2) Who customarily and regularly directs the work of two or more other employees; (3) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; (4) Who customarily and regularly exercises discretionary powers; and (5) Who does not devote more than 20 percent or, in the case of an employee of a retail or service establishment, who does not devote more than 40 percent of total hours of work in the work week to activities that are not directly and closely related to the performance of the work described in paragraphs (1) through (4) of this definition. This paragraph (5) does not apply in the case of an employee who is in sole charge of an establishment or a physically separated branch establishment, or who owns at least a 20 percent interest in the enterprise in which the individual is employed. "Other eligible veteran" means any other veteran who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. "Positions that will be filled from within the Contractors organization" means employment openings for which the Contractor will give no consideration to persons outside the Contractor's organization (including any affiliates, subsidiaries, and parent companies) and includes any openings the Contractor proposes to fill from regularly established "recall" lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of its organization. "Qualified special disabled veteran" means a special disabled veteran who satisfies the requisite skill, experience, education, and other job-related requirements of the employment position such veteran holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position, "Special disabled veteran" means— (1) A veteran who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Department of Veterans Affairs for a disability- (i) Rated at 30 percent or more; or (ii) Rated at 10 or 20 percent in the case of a veteran who has been determined under 38 U.S.C. 3106 to have a serious employment handicap (i.e., a significant (a) INITIALS: LESSOR GOVERNMENT GSA FORM 3517C PAGE 13 (REV 11105) impairment of the veteran's ability to prepare for, obtain, or retain employment consistent with the veteran's abilities, aptitudes, and interests); or (2) A person who was discharged or released from active duty because of a service-connected disability. "Veteran of the Vietnam era" means a person who.— (1) Served on active duty for a period of more than 180 days and was discharged or released from active duty with other than a dishonorable discharge, if any part of such active duty occurred- (i) In the Republic of Vietnam between February 28, 1961, and May 7, 1975; or (ii) Between August 5, 1964, and May 7, 1975, in all other cases; or (2) Was discharged or released from active duty for a service-connected disability if any part of the active duty was performed— (I) In the Republic of Vietnam between February 28, 1961, and May 7, 1975; or (ii) Between August 5, 1964, and May 7, 1975, in all other cases. (b) General. (1) The Contractor shall not discriminate against the individual because the individual is a special disabled veteran, a veteran of the Vietnam era, or other eligible veteran, regarding any position for which the employee or applicant for employment is qualified. The Contractor shall take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled veterans, veterans of the Vietnam era, and other eligible veterans without discrimination based upon their disability or veterans' status in all employment practices such as- (i) Recruitment, advertising, and job application procedures; (ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring; NO Rate of pay or any other form of compensation and changes in compensation; (iv) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; (v) Leaves of absence, sick leave, or any other leave; (vi) Fringe benefits available by virtue of employment, whether or not administered by the Contractor; (vii) Selection and financial support for training, including apprenticeship, and on-the- job training under 38 U.S.C. 3687, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; (viii) Activities sponsored by the Contractor including social or recreational programs; and (ix) Any other term, condition, or privilege of employment. (2) The Contractor shall comply with the rules, regulations, and relevant orders of the Secretary of Labor issued under the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (the Act), as amended (38 U.S.C. 4211 and 4212). (c) Listing openings. (1) The Contractor shall immediately list all employment openings that exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract, and including those occurring at an establishment of the Contractor other than the one where the contract is being performed, but excluding those of independently operated corporate affiliates, at an appropriate local public employment service office of the State wherein the opening occurs. Listing employment openings with the U.S. Department of Labors America's Job Bank shall satisfy the requirement to list jobs with the local employment service office. (2) The Contractor shall make the listing of employment openings with the local employment service office at least concurrently with using any other recruitment source or effort and shall involve the normal obligations of placing a bona fide job order, including accepting referrals of veterans and nonveterans. This listing of employment openings does not require hiring any particular job applicant or hiring from any particular group of job INITIALS: LESSOR GOVERNMENT GSA FORM 3517C PAGE 14 (REV 11/05) applicants and is not intended to relieve the Contractor from any requirements of Executive orders or regulations concerning nondiscrimination in employment. Whenever the Contractor becomes contractually bound to the listing terms of this clause, it shall advise the State public employment agency in each State where it has establishments of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these terms and has so advised the State agency, it need not advise the State agency of subsequent contracts. The Contractor may advise the State agency when it is no longer bound by this contract clause. (d) Applicability. This clause does not apply to the listing of employment openings that occur and are filled outside the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands of the United States, and Wake Island. (e) Postings. (1) The Contractor shall post employment notices in conspicuous places that are available to employees and applicants for employment (2) The employment notices shall— (1) State the rights of applicants and employees as well as the Contractors obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants who are special disabled veterans, veterans of the Vietnam era, and other eligible veterans; and (ii) Be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance Programs, Department of Labor (Deputy Assistant Secretary of Labor), and provided by or through the Contracting Officer. The Contractor shall ensure that applicants or employees who are special disabled veterans are informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled veteran, or may lower the posted notice so that it can be read by a person in a wheelchair). (4) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement, or other contract understanding, that the Contractor is bound by the terms of the Act and is committed to take affirmative action to employ, and advance in employment, qualified special disabled veterans, veterans of the Vietnam era, and other eligible veterans. Noncompliance. If the Contractor does not comply with the requirements of this clause, the Government may take appropriate actions under the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. Subcontracts. The Contractor shall insert the terms of this clause in all subcontracts or purchase orders of $25,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Deputy Assistant Secretary of Labor to enforce the terms, including action for noncompliance. 16. 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (Applicable to leases over $10,000.) (a) General. (1) Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against any employee or applicant because of physical or mental disability. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based upon their physical or mental disability in all employment practices such as- (i) Recruitment, advertising, and job application procedures; (ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring; (iii) Rates of pay or any other form of compensation and changes in compensation; (3) (3) (f) (9) INITIALS: LESSOR GOVERNMENT GSA FORM 3517C PAGE 15 (REV 11)05) (iv) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; (v) Leaves of absence, sick leave, or any other leave; (vi) Fringe benefits available by virtue of employment, whether or not administered by the Contractor; (vii) Selection and financial support for training, including apprenticeships, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training (viii) Activities sponsored by the Contractor, including social or recreational programs; and (ix) Any other term, condition, or privilege of employment. (2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973 (29 U.S.C. 793) (the Act), as amended. (b) Postings. (1) The Contractor agrees to post employment notices stating- (i) the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified individuals with disabilities and (ii) the rights of applicants and employees. (2) These notices shall be posted in conspicuous places that are available to employees and applicants for employment. The Contractor shall ensure that applicants and employees with disabilities are informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair). The notices shall be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance of the U.S. Department of Labor (Deputy Assistant Secretary) and shall be provided by or through the Contracting Officer. The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503 of the Act and is committed to take affirmative action to employ, and advance in employment, qualified individuals with physical or mental disabilities. (c) Noncompliance. If the Contractor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act (d) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $10,000 unless exempted by rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Deputy Assistant Secretary to enforce the terms, including action for noncompliance. 17. 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.) 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 number of special disabled veterans, the number of veterans of the Vietnam era, and other eligible veterans in the workforce of the Contractor by job category and hiring location; and (2) The total number of new employees hired during the period covered by the report, and of the total, the number of special disabled veterans, the number of veterans of the Vietnam era, and the number of other eligible veterans; and The maximum number and the minimum number of employees of the Contractor during the period covered by the report. (3) (a) (3) INITIALS: LESSOR GOVERNMENT GSA FORM 3517C PAGE 16 (REV 11105) (b) The Contractor shall report the above items by completing the Form VETS-100, entitled "Federal Contractor Veterans' Employment Report (VETS-100 Report)." The Contractor shall submit VETS-100 Reports no later than September 30 of each year beginning September 30, 1988. (d) The employment activity report required by paragraph (a)(2) of this clause shall reflect total hires during the most recent 12-month period as of the ending date selected for the employment profile report required by paragraph (a)(1) of this clause. Contractors may select an ending date— (1) As of the end of any pay period between July 1 and August 31 of the year the report is due; or (2) As of December 31, if 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). (e) The Contractor shall base the count of veterans reported according to paragraph (a) of this clause on voluntary disclosure. Each Contractor subject to the reporting requirements at 38 U.S.C. 4212 shall invite all special disabled veterans, veterans of the Vietnam era, and other eligible veterans who wish to benefit under the affirmative action program at 38 U.S.C. 4212 to identify themselves to the Contractor. The invitation shall state that— (1) The information is voluntarily provided; (2) The information will be kept confidential; (3) Disclosure or refusal to provide the information will not subject the applicant or employee to any adverse treatment and (4) The information will be used only in accordance with the regulations promulgated under 38 U.S.C. 4212. (f) The Contractor shall insert the terms of this clause in all subcontracts or purchase orders of $25,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. 18. 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) (Applicable to leases over $2,500.) (a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereafter referred to as "the Act"), may assign its right to be paid amounts due or to become due as a result of the performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence. Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract. (c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract) or information related to work under this contract until the Contracting Officer authorizes such in writing. 19. 552.232-75 PROMPT PAYMENT (SEP 1999) 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 dause are calendar days, unless otherwise specified. (c) (b) INITIALS: LESSOR GOVERNMENT GSA FORM 3517C PAGE 17 (REV 11/05) (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 15 th day of the month or earlier, the initial monthly rental payment under this contract shall become due on the first workday of the month following the month in which the commencement of the rent is effective. (ii) When the date for commencement of rent falls after the 15 th 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: The 3O after the designated billing office has received a proper invoice from the Contractor. The 30' day after Government acceptance of the work or service. However, if the designated billing office fails to annotate the invoice with the actual date of receipt, the invoice payment due date shall be deemed to be the 30th day after the Contractor's invoice is dated, provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. (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. (ii) Invoice date. (iii) Lease number. (iv) Government's order number or other authorization. (v) Description, price, and quantity of work or services delivered. (vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the remittance address in the lease or the order.) (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 7 days after the receipt of a proper invoice or notification of completion of the work or services unless a different period is specified at the time the order is placed. If actual acceptance occurs later, for the purpose of determining the payment due date and calculation of interest, acceptance will be deemed to occur on the last day of the 7-day inspection period. If the work or service is rejected for failure to conform to the technical requirements of the contract, the 7 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. (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 1978 (41 U.S.C. 611) that is in effect on the day after the due date. This rate is referred to as the "Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the payment amount approved by the Government and be compounded in 30-day increments inclusive from the first day after the due date through the payment date. (i) (ii) INITIALS: LESSOR GOVERNMENT GSA FORM 3517C PAGE 18 (REV 11)05) (3) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at 52.233-1, Disputes, or for more than 1 year. Interest penalties of less than $1.00 need not be paid. (4) Interest penalties are 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. 20. 552.232-76 ELECTRONIC FUNDS TRANSFER PAYMENT (MAR 2000) (VARIATION) The Government will make payments under this lease by electronic funds transfer (EFT). The Lessor must, no later than 30 days before the first payment: (1) Designate a financial institution for receipt of EFT payments. (2) Submit this designation to the Contracting Officer or other Government official, as directed. (b) The Lessor must provide the following information: (1) The American Bankers Association 9-digit identifying number for Automated Clearing House (ACH) transfers of the financing institution receiving payment if the institution has access to the Federal Reserve Communications System. (2) Number of account to which funds are to be deposited. (3) Type of depositor account ("C" for checking, "S" for savings). (4) If the Lessor is a new enrollee to the EFT system, the Lessor must complete and submit Form SF 3881, ACH Vendor/Miscellaneous Payment Enrollment Form, before payment can be processed. (c) If the Lessor, during the performance of this contract, elects to designate a different financial institution for the receipt of any payment, the appropriate Government official must receive notice of such change and the required information specified above no later than 30 days before the date such change is to become effective. (d) The documents furnishing the information required in this clause must be dated and contain the: (1) Signature, title, and telephone number of the Lessor or the Lessor's authorized representative. (2) Lessor's name. (3) Lease number. (e) Lessor's failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due. 21. 52.233-1 DISPUTES (JUL 2002) (a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A (a) (c) INITIALS: LESSOR GOVERNMENT GSA FORM 3517C PAGE 19 (REV 14/05) voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d) (1) A claim by the Contractor shall be made in writing arid, 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. (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor." The certification may be executed by any person duly 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. (f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. 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). If 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 on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer. 22. 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.) (a) If any price, including profit or fee, negotiated in connection with this contract, or any cost reimbursable under this contract, was increased by any significant amount because— (1) The Contractor or a subcontractor furnished cost or pricing data that were not complete, accurate, and current as certified in its Certificate of Current Cost or Pricing Data; (2) A subcontractor or prospective subcontractor furnished the Contractor cost or pricing data that were not complete, accurate, and current as certified in the Contractor's Certificate of Current Cost or Pricing Data; or (3) (g) (i) INITIALS: LESSOR GOVERNMENT GSA FORM 3517C PAGE 20 (REV 11105) .40 4 (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 cost or pricing data. If the Contracting Officer determines under paragraph (a) of this clause that a price or 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 cost or pricing data had been submitted. (ii) The Contracting Officer should have known that the cost or pricing data in issue were defective even though the Contractor or subcontractor took no affirmative action to bring the character of the data to the attention of the Contracting Officer. (iii) The contract was based on an agreement about the total cost of the contract and there was no agreement about the cost of each item procured under the contract. (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 (B) The Contractor proves that the cost or pricing data were available before the "as or 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 of' date specified on its Certificate of Current Cost or Pricing Data; or (B) The Government proves that the facts demonstrate that the contract price would not have increased in the amount to be offset even if the available data had been submitted before the "as of" 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) Simple interest 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 cost or pricing data that were incomplete, inaccurate, or noncurrent. 23. 52.215-12 SUBCONTRACTOR COST OR PRICING DATA (OCT 1997) (Applicable when the clause at FAR 52.215-10 is applicable.) (a) Before awarding any subcontract expected to exceed the threshold for submission of cost or pricing data at FAR 15.403-4, 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 cost or pricing data at INITIALS: (c) (1 ) LESSOR GOVERNMENT GSA FORM 3517C PAGE 21 (REV 11/05) • • ple a FAR 15.403-4, the Contractor shall require the subcontractor to submit cost or pricing data (actually or by specific identification in writing), 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. In each subcontract that exceeds the threshold for submission of cost or pricing data at FAR 15.403-4, 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 cost or pricing data for the subcontract; or (2) The substance of the clause at FAR 52115-13, Subcontractor Cost or Pricing Data— Modifications. (C) INITIALS: LESSOR GOVERNMENT GSA FORM 3517C PAGE 22 (REV 11/05) A 1 OAKLAND COUNTY WIRE OR ACH INSTRUCTIONS 1. Persons wiring funds to Oakland County for Payment of Invoices will have to include the following information on the wire or ACH Firm or Individuals Name: Address and Contact Person: Invoice # or other Identifying Info: Oakland County Dept. or Contact: Sending Bank & Location: Amount Wired: WIRE TO: PNC BANKCORP ABA 041000124 ANDREW E. MEISNER, OAKLAND COUNTY TREASURER TRANSFER ACCOUNT ACCOUNT #4255065437 DATE WIRED: TIME WIRED: BEFORE FUNDS ARE WIRED IMUMMUMMOMMMUMM.MODMHOHM.OHERMHIMOMPOOMMEMOHMIIIMMEMOIMMIIN.UMMSIONEHMUONOMMUMHOIMUSOMUONSHOUMUMODHOOMONIUMUMMUM1111 Or before funds are sent by ACH the first time. THIS FORM MUST BE RETURNED OR FAXED TO THE FOLLOWING: OAKLAND COUNTY TREASURERS OFFICE CASH ACCOUNTING SECTION ATTN: NATALIE NEPH OR SHERYL SUTHERLAND PHONE: (248) 858-0626 FAX # (248) 858-1810 C:\Documents and Settings\dehavenn\Local Settings\Temporary Internet Files\0LK294\ACH WireInstGeneral.doc ACH VENDOR/MISCELLANEOUS PAYMENT ENROLLMENT FORM OMB . 1510.03S6 This form Is used for Automated Clearing House (ACE-11 payments with an addendum record that contains payment-related information processed through the Vendor Express Program. Recipients of these payments should bring this information to the attention of their financial institution when presenting this form for completion. See reverse for additional instructions. PRIVACY ACT STATEMENT The following information is provided to comply with the Privacy Act of 1974 (PA.. 93-579). All information collected on this form is required under the provisions of 31 U.S.C. 3322 and 31 CFR 210. This information will be used by the Treasury Department to transmit payment data, by electronic means to vendor's financial institution. Failure to provide the requested information may delay or prevent the receipt of payments through the Automated Clearing House Payment System. AGENCY INFORMATION FEDERAL PROGRAM AGENCY A V MN, rrk--a/Z-Ett GISNCY LOCATION CODE MC): AC H FORMAT; 0 CCD4 CT ADDRESS: CONTACT PERSON NAME: TELEPHONE NUMBER I ) ADDITIONAL INFORMATION:. PAYEE/COMPANY INFORMATION NAME -- NO OR TAY,PAYER ID No. County of Oakland 38-6004875 ADDRESS 1200 North Telegraph, Bldg.95 West, Pontiac, MI 48341-0479 CONTACT PERSON NAME: TELEPHONE NUMBER Art Holdsworth 1248 I 858-0161 FINANCIAL INSTITUTION INFORMATION NAME: PNC BANK ADDREss: fl&S* iq• El. flaw' emit, Tioq , Mi 118D74 ACH COORDINATOR N ME:PMNS NIII , JOYCE CONLEY [71A q/ 1 1 Aq -Z3b NE•DiGIT RouTwelliANSII NUAtkitii: 0 4 100 0 1 2 4 DEPostme ACCOUNT TITLE: GENERAL WIRE TRANSFER ACCOUNT DePosn-OR ACCOUNT NUMBER: ILOCKBOX NUMBER 4255065437 TYPE OF ACCOUNT: El CRECRoNa 0 SAVarea 0, OCKRO% SIGNATURE AND TITLE OF AUTHORIZED OFFICIAL: TELEPHONE NUMBER: Mould We ama as ACH Cower/ad f AY i 7ei94t 30 BE 35i SAW- 421409 ) Pelliented by Department al Teessury 31 L) a C 3122: 31 CFR 210 AUTHOR/ZED/FOR LOCAL REPRODUCTION Resolution #10258 October 6, 2010 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (M.R. #10258) October 21, 2010 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH THE UNITED STATES GOVERNMENT FOR USE OF SPACE LOCATED IN THE ANNEX I BUILDING TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule X1I-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution approves and authorizes a lease agreement between the County of Oakland and the United States Government for use of approximately 3,707 gross square feet of office space within the Annex I Building. 2. The space will be utilized to establish a U. S. Department of Commerce office ("Commerce Connect") on campus to foster economic development across Oakland County and to relocate the Pontiac U. S. Export Assistance Center. 3. Lease charges to the U. S. Government for FY 2011 will be $52,714 based on a gross square footage rental rate of $14.22 for the Annex I Building, with annual increases or decreases based on County operation and maintenance costs. 4. In addition the U. S. Government will pay the County $87,831 for up-front renovations to the leased space (Project Work Order Fund #40400, Project ID #100000001384). 5. The U. S. Government will provide all furniture, computers, fax machines, and other equipment for the operation of the Commerce Connect Office and the U. S. Export Assistance Center. 6. Oakland County will provide janitorial service, general building maintenance, grounds work, and utilities with the exception of telephone and network/IT services. 7. The lease agreement will commence October 1, 2010 and end September 30, 2014 and may be terminated by the United States Government on or after September 30, 2010 upon ninety (90) days written notice to the County. 8. The FY 2011 — FY 2013 Budget is amended as follows: FY 2011 FY 2013 General Fund #10100 Expenditures 1090201-171000-770631 9010101-182200-740023 PEDS/ Bldg Space Cost Alloc. $(52,714) Budget Transition 52,714 $ -0- Facilities Maintenance & Operations Fund #63100 Revenues 1040702-140010-635017 Ext. Agencies Revenue 1040702-140010-631386 Office Space Rental GF $52,714 (52,714) tN CE Cp.MM I TTEEfi ,/ fa 1 1 4 " FINANCE COMMITTEE Motion carried unanimously on a roll call vote. Resolution #10258 October 21, 2010 Moved by Runestad supported by Coleman the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Bullard, Burns, Capello, Coleman, Douglas, Gershenson, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Scott, Taub, Woodward, Zack. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). Y APPROVE THE FOREANG RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 21, 2010, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 21 st day of October, 2010. gat Ruth Johnson, County Clerk