CHANGE REQUEST COVER SHEET

## Change Request Number: 04-04

## Date Received: 10/31/03

## 

**Title:** Revised Contract Dispute and Protest Clause for Land and
Space Lease Template

**Name: Susan Freericks**

**Routing Symbol: ASU-140**

**Phone: x78374**

**Policy OR Guidance:** This is a guidance change in our space and land
lease template form.

**Affected Section/Text Location:** Under Space Lease Form clause 7O,
Protest and Disputes is being replaced with 7O1. Contract Disputes and
7O2. Protest Clauses. And under Land Lease On Airport clause #15,
Protest and Dispute, is being replaced with #15a. Contract Dispute and
#15b. Protest clauses and under Land Off Airport clause #14, Protest and
Dispute, is being replace with #14a. Contract Dispute and #14b. Protest
Clause.

**Summary of Change:** This is a revised version of the Contract Dispute
and Protest Clause for real estate lease templates.

**Reason for Change:** In November 2002 procurement issued new disputes
clauses. Our legal department informed us to begin using the new
clauses, 3.9.1-1 Contract Disputes and 3.9.1-3, protest in our space and
land lease templates. However the clause included numerous references to
a procurement contract and was not entirely applicable to real estate.
In working with the legal counsel, we shortened the form to include the
information relevant to real estate. However there will be a link to get
the full clause if so desired.

**Development, Review, and Concurrence:** This was developed with region
real estate, AXX-50s, input and review and concurred by AGC-520.

**Target Audience:** This clause will affect the AXX-50s, real estate
contracting officers.

**Potential Links in FAST for the Change:** In the clause we have made a
request to link to the full version of the Contract Dispute and Protest
clause in contract writing tool. It is at the end of the clause in the
space and land templates.

**Attachments:** Below is the list of attachments and changes:

-   Space Lease Form -- with new clause

-   Space Lease Form redline -- shows current FAST clause with changes

-   Space Matrix -- with new clause

-   Space Matrix redline - shows current FAST clause with changes

-   Land On Airport -- with new clause

-   Land On Airport redline - shows current FAST clause with changes

-   Land Off Airport -- with new clause

-   Land Off Airport redline - shows current FAST clause with changes

-   Land Matrix -- with new clause

-   Land Matrix redline - shows current FAST clause with changes

**Briefing Planned: No**

**ASAG Responsibilities: None**

FEDERAL AVIATION ADMINISTRATION

**LEASE FOR REAL PROPERTY**

**LEASE NUMBER**

##### DTFA\_\_-\_\_\_-\_\_\_\_\_\_\_

**Date of Lease:\_\_\_\_\_\_\_\_\_\_\_\_\_**

**1. THIS LEASE** (9/98), entered into by and between
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ whose interest in the
property hereinafter described is that of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, hereby referred to
as LESSOR, and the United States of America, hereinafter referred to as
the GOVERNMENT OR FAA: WITNESSETH: The Parties hereto, and for the
consideration hereinafter mentioned, covenant and agree as follows:

**2. DESCRIPTION** (10/96) **-** The Lessor hereby leases to the
GOVERNMENT the following described premises:

**3. TERM** (1/01) - To have and to hold, for the term commencing
on\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ and continuing
through\_\_\_\_\_\_\_\_\_\_\_\_\_\_ inclusive, PROVIDED, that adequate
appropriations are available from year to year for the payment of
rentals.

This lease succeeds lease number DTFAXX-XX-L-00000, which expires on
\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

**4. CANCELLATION** (8/02) **-** The GOVERNMENT may terminate this lease
at any time, in whole or in part, if the Real Estate Contracting Officer
(RECO) determines that a termination is in the best interest of the
Government, on or after \_\_\_\_\_\_\_\_\_\_\_\_\_\_by giving at least
\_\_\_\_\_\_\_\_\_\_\_\_\_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.

5.  **RENTAL** (10/96) **-** Rent in the amount of
    \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ per \_\_\_\_\_\_\_\_\_\_shall be
    payable to the Lessor in arrears and will be due on the first
    workday of each \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, without the
    submission of invoices or vouchers. Subject to available
    appropriations. Rent shall be considered paid on the date a check is
    dated or an electronic funds transfer is made. Rent for a period of
    less than a \_\_\_\_\_\_\_\_\_\_ shall be prorated. Checks will be
    made payable to:

**6. SERVICES AND UTILITIES** (To be provided by Lessor as part of rent.
Services shall be Building Standard, unless level of service is
prescribed elsewhere in the lease.) (10/96)

Services, utilities, and maintenance will be provided daily, extending
from \_\_\_\_\_\_\_\_\_\_ a.m. to \_\_\_\_\_\_\_\_\_\_ p.m. except
Saturday, Sunday, and Federal holidays. Services supplied to technical
equipment shall be supplied 24 hours a day, and seven days a week. The
GOVERNMENT shall have access to the leased premises at all times,
including the use of electrical services, toilets, lights, elevators,
and GOVERNMENT office machines without additional payment.

-   HEAT ONLY \_\_\_\_\_\_\_\_\_\_\_DEG

-   ELECTRICITY

-   SPECIAL POWER -- NOTED BELOW

-   WATER (hot & cold)

-   SNOW REMOVAL

-   TRASH REMOVAL

-   CHILLED DRINKING WATER

-   HVAC - \_\_\_\_\_\_\_\_\_\_\_ DEG. F

-   DAILY TOILET SUPPLIES & CLEANING

-   DAILY JANITORIAL SERV. & SUPPLIES

-   GROUND MAINTENANCE

-   WINDOW WASHING -- Frequency \_\_\_\_\_\_\_\_\_\_\_

-   CARPET CLEANING -- Frequency \_\_\_\_\_\_\_\_\_\_\_\_

-   INITIAL & REPLACEMENT LAMPS, TUBES, & BALLASTS

-   PAINTING -- Frequency \_\_\_\_\_\_\_ Space

> Frequency \_\_\_\_\_\_\_ Public Areas

-   OTHER (SPECIFY) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**7. GENERAL CLAUSES:**

A. INSPECTION (10/96) - 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 healthy work environment for the
GOVERNMENT tenants and the Lessor\'s performance under this lease. The
GOVERNMENT shall have the right to perform sampling of suspected
hazardous conditions.

B. DAMAGE BY FIRE OR OTHER CASUALTY (10/96) - If the building or
structure is partially or totally destroyed or damaged by fire or other
casualty or if environmentally hazardous conditions are found to exist
so that the leased premises is untenantable as determined by the
GOVERNMENT, the GOVERNMENT may terminate the lease, in whole or in part,
immediately by giving written notice to the Lessor and no further rental
will be due.

C. MAINTENANCE OF THE PREMISES (10/96) - The Lessor shall maintain the
demised premises, including the building, grounds, and all equipment,
fixtures, and appurtenances furnished by the Lessor under this lease, in
good repair and tenantable condition.

D. FAILURE IN PERFORMANCE (10/96) - 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 the rental payments. No deduction
of rent pursuant to this clause shall constitute default by the
GOVERNMENT on this lease.

E. DEFAULT BY LESSOR (10/96) - (1) Each of the following shall
constitute a default by Lessor under this lease: (a) If the Lessor fails
to perform the work required to deliver the leased premises ready for
occupancy by the GOVERNMENT with such diligence as will ensure delivery
of the leased premises within the time required by the lease agreement,
or any extension of the specified time. (b) Failure to maintain, repair,
operate or service the premises as and when specified in this lease, or
failure to perform any other requirement of this lease as and when
required provided such failure which shall remain uncured for a period
of time as specified by the Real Estate Contracting Officer, following
Lessor's receipt of written notice thereof from the Real Estate
Contracting Officer. (c) Repeated failure by the Lessor to comply with
one or more requirements of this lease shall constitute a default
notwithstanding that one or all failures shall have been timely cured
pursuant to this clause.

\(2\) If default occurs, the GOVERNMENT may, by written notice to the
Lessor, terminate the lease in whole or in part.

F.  COMPLIANCE WITH APPLICABLE LAWS (10/96) - The Lessor shall comply
    with all federal, state and local laws applicable to the Lessor as
    owner or lessor, or both, of building or premises, including,
    without limitation, laws applicable to the construction, ownership,
    alteration or operation of both or either thereof, and will obtain
    all necessary permits, licenses and similar items at Lessor's
    expense. This lease shall be governed by Federal law.

G. DELIVERY AND CONDITION (10/96) - Unless the GOVERNMENT elects to have
the space occupied in increments, the space must be delivered ready for
occupancy as a complete unit. The GOVERNMENT reserves the right to
determine when the space is ready to occupy.

H. ACCEPTANCE OF SPACE (8/02) - The Lessor shall prepare the premises
with all due diligence to meet the GOVERNMENT'S requested start date.
The Lessor shall paint all surfaces designated by the Real Estate
Contracting Officer, and fully clean all leased areas. The Lessor shall
complete all requested alterations within \_\_\_\_days of receipt of
approved layout drawings, and shall notify the Real Estate Contracting
Officer when the premises is ready. The Real Estate Contracting Officer
or his representative shall promptly inspection the premises and
determine if the premises is ready for the beneficial occupancy of the
GOVERNMENT. Rent shall commence upon the date of the GOVERNMENT'S
acceptance of the premises for beneficial occupancy.

I. ALTERATIONS (10/96) - The GOVERNMENT shall have the right during the
existence of this lease to make alterations, attach fixtures, and erect
structures or signs in or upon the premises hereby leased, which
fixtures, additions or structures so placed in, on, upon, or attached to
the said premises shall be and remains the property of the GOVERNMENT
and may be removed or otherwise disposed of by the GOVERNMENT subject to
the Lessor's approval not to be unreasonably withheld. The Parties
hereto mutually agreed and understood, that no restoration rights shall
accrue to the Lessor for any alterations to the leased premises under
this lease, and that the GOVERNMENT shall have the option of abandoning
alterations in place, when terminating the lease, at no additional cost.

J. ACCESSIBILITY (8/02) - The Building and the leased premises shall be
accessible to the handicapped in accordance with FED-STD-795, the
Uniform Federal Accessibility Standards (41 CFR 101-19.6, App. A) and
all applicable state and local accessibility laws and regulations

K. CHANGES (8/02)

\(1\) The Real Estate Contracting Officer may at any time, by written
order, make changes within the general scope of this lease in any one or
more of the following:

\(a\) Specifications (including drawings and designs);

\(b\) Work or services;

\(c\) Facilities or space layout; or

\(d\) Amount of space, provided the Lessor consents to the change.

\(2\) If any such change causes an increase or decrease in Lessor\'s
cost of or the time required for performance under this lease, whether
or not changed by the order, the Real Estate Contracting Officer shall
modify this lease to provide for one or more of the following:

\(a\) A modification of the delivery date;

\(b\) An equitable adjustment in the rental rate;

\(c\) A lump sum equitable adjustment; or

\(d\) An equitable adjustment of the annual operating costs per
Occupiable square foot specified in the SFO.

\(3\) The Lessor shall assert its right to an adjustment under this
clause within 30 days from the date of receipt of the change order and
shall submit a proposal for adjustment. Failure to agree to any
adjustment shall be a dispute under the Protest and Disputes clause.
However, nothing in this clause shall excuse the Lessor from proceeding
with the change as directed.

\(4\) Absent such written change order, the Government shall not be
liable to Lessor under this clause.

L. OFFICIALS NOT TO BENEFIT (10/96) - No member of or delegate to
Congress, or resident commissioner, shall be admitted to any share or
part of this contract, or to any benefit arising from it. However, this
clause does not apply to this contract to the extent that this contract
is made with a corporation for the corporation\'s general benefit.

M. COVENANT AGAINST CONTINGENT FEES (8/02) - The Lessor 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.

N. ANTI‑KICKBACK (10/96) - The Anti‑Kickback Act of 1986 (41 U.S.C.
51‑58) (the Act), prohibits any person from (1) Providing or attempting
to provide or offering to provide any kickback; (2) Soliciting,
accepting, or attempting to accept any kickback; or (3) Including,
directly or indirectly, the amount of any kickback in the contract price
charged by a prime Contractor to the United States or in the contract
price charged by a subcontractor to a prime Contractor or higher tier
subcontractor.

O.  ~~PROTEST AND DISPUTES (10/96) **-** All contract disputes arising
    under or related to this contract or protests concerning awards of
    contracts shall be resolved under this clause, and through the
    Federal Aviation Administration (FAA) Dispute Resolution System.
    Judicial review, where available, will be in accordance with 49
    U.S.C. 46110 and shall apply only to final agency decisions. The
    decision of the FAA shall be considered a final agency decision only
    after a Lessor or Offeror has exhausted their administrative
    remedies for resolving a contract dispute under the FAA Dispute
    Resolution System. Protests must be filed with the Office of Dispute
    Resolution within 5 calendar days of the date that the protester was
    aware, or should reasonably have been aware, of the agency action or
    inaction, which forms the basis of the protest. Unless otherwise
    stated in this contract, a contract dispute by the Lessor against
    the GOVERNMENT shall be submitted to the Real Estate Contracting
    Officer within 1 year after the accrual of the contract dispute. The
    Real Estate Contracting Officer, upon request will provide
    information relating to submitting a protest or dispute.~~

O1. CONTRACT DISPUTES (11/03)

(a) All contract disputes and arising under or related to this lease
    contract shall be resolved through the Federal Aviation
    Administration (FAA) dispute resolution system at the Office of
    Dispute Resolution for Acquisition (ODRA) and shall be governed by
    the procedures set forth in 14 C.F.R. Parts 14 and 17, which are
    hereby incorporated by reference. Judicial review, where available,
    will be in accordance with 49 U.S.C. 46110 and shall apply only to
    final agency decisions. A Lessor may seek review of a final FAA
    decision only after its administrative remedies have been exhausted.

> \(b\) All Contract Disputes shall be in writing and shall be filed at
> the following address:

(1) Office of Dispute Resolution for Acquisition, AGC-70,

> Federal Aviation Administration,
>
> 800 Independence Ave, S.W.,
>
> Room 323,
>
> Washington, DC 20591,
>
> Telephone: (202) 267-3290,
>
> Facsimile: (202) 267-3720
>
> \(c\) A contract dispute against the FAA shall be filed with the ODRA
> within two (2) years of the accrual of the lease contract claim
> involved. A contract dispute is considered to be filed on the date it
> is received by the ODRA.
>
> The full text of the Contract Disputes clause is incorporated by
> reference. The full text can be found via Internet at [Contract
> Dispute Full Clause]{.underline} (Ray see link:
> [http://204.108.10.60/conwrite/wSclauselist.cfm?Show=Num,Title,Text,Persc&CatNum=3.9.1)]{.underline}

O2. PROTEST (11/03)

> \(a\) Protests concerning Federal Aviation Administration Screening
> Information Requests (SIRs) or awards of lease contracts shall be
> resolved through the Federal Aviation Administration (FAA) dispute
> resolution system at the Office of Dispute Resolution for Acquisition
> (ODRA) and shall be governed by the procedures set forth in 14 C.F.R.
> Parts 14 and 17, which are hereby incorporated by reference. Judicial
> review, where available, will be in accordance with 49 U.S.C. 46110
> and shall apply only to final agency decisions. A protestor may seek
> review of a final FAA decision only after its administrative remedies
> have been exhausted.

(b) Offerors initially should attempt to resolve any issues concerning
    potential protests with the Real Estate Contracting Officer (RECO).

(c) Protests shall be in writing and shall be filed at:\
    (1) Office of Dispute Resolution for Acquisition, AGC-70,\
    Federal Aviation Administration,\
    800 Independence Ave., S.W.,\
    Room 323,\
    Washington, DC 20591,

Telephone: (202) 267-3290,\
Facsimile: (202) 267-3720; or

(2) At the same time as filing the protest with the ODRA, the protestor
    shall serve a copy of the protest on the Real Estate Contracting
    Officer (RECO).

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(d) A protest is considered to be filed on the date it is received by
    the ODRA and shall be filed:

    i.  Not later than seven (7) business days after the date the
        protester knew or should have known of the grounds for the
        protest; or

    ii. If the protester has requested a post-award debriefing from the
        RECO, not later than five (5) business days after the date on
        which the RECO holds that debriefing.

> The full text of the Contract Protest clause is incorporated by
> reference. The full text can be found via Internet at [Protest Full
> Clause]{.underline} (Ray see link:
> <http://204.108.10.60/conwrite/wSclauselist.cfm?Show=Num,Title,Text,Persc&CatNum=3.9.1>)

P. EXAMINATION OF RECORDS (8/02) - The Comptroller General of the United
States, the Administrator of FAA or a duly authorized representative
from either shall, until 3 years after final payment under this contract
have access to and the right to examine any of the Lessor's directly
pertinent books, documents, paper, or other records involving
transactions related to this contract.

Q. ELECTRONIC FUNDS TRANSFER (EFT) (11/97)-- Payments by the GOVERNMENT
under this contract will be made by electronic funds transfer (EFT). At
the option of the GOVERNMENT payments may be made by check or other
means. When payment is made by EFT, the GOVERNMENT may, at its option,
also forward the associated payment information by electronic transfer.
EFT refers to funds transfer and information transfer.

> The GOVERNMENT is not required to make any payment under this contract
> until after receipt, by the Real Estate Contracting Officer of the
> correct EFT payment information. However, in the event the Lessor
> certifies in writing to the Real Estate Contracting Officer that the
> Lessor does not have an account with a financial institution or an
> authorized payment agent, payment may be made by other than EFT.
>
> Prior to the first payment under this contract, the Lessor shall
> provide the information required to make contract to Lease by EFT,
> directly to the GOVERNMENT payment office named in this contract. A
> single bank or financial agent must be designated; capable of
> receiving and processing the electronic funds transfer using the
> method below. In the event that the EFT information changes, the
> Lessor shall be responsible for providing the changed information to
> the designated payment office. The Lessor shall pay all fees and
> charges for receipt and processing of EFTs.

The GOVERNMENT will make payments by EFT through an Automated
Clearinghouse (ACH) however; the Federal Reserve Wire Transfer System
may be used at the GOVERNMENT'S option. The attached form
"Vendor/Miscellaneous Payment Information Form" must have the sections
"Payee/Company Information" and "Financial Institution Information"
completed prior to award. Do not complete the Vendor/Miscellaneous
Payment Information Form until instructed to do so.

The Lessor agrees that the Lessor's bank or financial agent may notify
the GOVERNMENT of a change to the routing transit number, Lessor account
number, or account type.

R. ASSIGNMENT OF CLAIMS (10/96) - Pursuant to the Assignment of Claims
Act, as amended, 31 USC 3727, 41 USC 15, the Lessor may assign his
rights to be paid under this lease.

S. SUBORDINATION, NONDISTRUBANCE AND ATTORNMENT (10/96) - The GOVERNMENT
agrees, in consideration of the warranties herein expressed, that this
lease is subject and subordinate to any and all recorded deeds of trust,
mortgages, and other security instruments now or hereafter imposed upon
the premises, so long as such subornation shall not interfere with any
right of the GOVERNMENT under this lease. The Parties hereto mutually
agreed that this subordination shall be self-operative and that no
further instrument shall be required to effect said subordination.

In the event of any sale of the premises, or any portion thereof, or any
such transfer of ownership, by foreclosure of the lien of any such
security instrument, or deed provided in lieu of foreclosure, the
GOVERNMENT will be deemed to have attorned to any purchaser, successor,
assigns, or transferee. The succeeding owner will be deemed to have
assumed all rights and obligations of the Lessor under this lease,
establishing direct privity of estate and contract between the
GOVERNMENT and said purchasers/transferees, with the same force, effect
and relative priority in time and right as if the lease had initially
been entered into between such purchasers or transferees and the
GOVERNMENT; provided that such transferees shall promptly provide,
following such sale or transfer, appropriate documentation deemed
necessary by the Real Estate Contracting Officer, and shall promptly
execute any instrument, or other writings, as shall be deemed necessary
to document the change in ownership.

T. LESSOR'S SUCCESSORS (10/96) - The terms and provisions of this lease
and the conditions herein bind the Lessor and the Lessor\'s heirs,
executors, administrators, successors, and assigns.

U. SUBLEASE (10/96) - The GOVERNMENT reserves the right to sublease the
space covered under this lease to another agency or private party. In
subleasing this space to another party the GOVERNMENT is not relieved
from its responsibilities under the terms of this lease, unless
otherwise agreed upon with the Lessor.

V. NO WAIVER (10/96) - No failure by the GOVERNMENT to insist upon
strict performance of any provision of this lease, or failure to
exercise any right, or remedy consequent to a breach thereof, shall
constitute a waiver of any such breach in the future.

W. INTEGRATED AGREEMENT (10/96) - This Lease, upon execution, contains
the entire agreement of the parties, and no prior written or oral
agreement, express or implied shall be admissible to contradict the
provisions of this lease.

X. EQUAL OPPORTUNITY (10/96) - The Lessor shall have on file affirmative
action programs required by the rules and regulations of the Secretary
of Labor (41 CFR 60-1 and 60-2).

Y. AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS
(10/96) - The Lessor agrees to comply with the rules, regulations, and
relevant orders of the Secretary of Labor (Secretary) issued under the
Vietnam Era Veterans\' Readjustment Assistance Act of 1972 (the Act), as
amended. If the Lessor 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.

Z. AFFIRMATIVE ACTION FOR DISABLED WORKERS (10/96) - The Lessor agrees

> to comply with the rules, regulations, and relevant orders of the
> Secretary of Labor (Secretary) issued under the Rehabilitation Act of
> 1973 (29 USC 793) (the Act), as amended. If the Lessor 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.

AA. SEISMIC SAFETY FOR EXISTING BUILDINGS (9/98) --Unless it is
determined by the GOVERNMENT'S Contracting Officer that seismically
conforming premises is not available, all existing buildings leased by
the GOVERNMENT under this contract must meet the [minimum]{.underline}
acceptable performance seismic standard of 'Substantial Life Safety'
defined as, in ICSSC RP4 Standards *of Seismic Safety for Existing
Federally Owned or Leased Buildings and Commentary*

> All offers received in response to screening information request will
> be evaluated to determine whether they are in compliance with
> "Substantial Life Safety". If at least one offeror is fully compliant,
> all offerors who are not fully compliant will be considered
> non-responsive and ineligible for award.
>
> In the event the building with a certification of seismic compliance
> is occupied by the GOVERNMENT and is later determined to not meet the
> standard indicated on the certification form, the GOVERNMENT at its
> discretion may require the Lessor to meet the agreed upon standard or
> may terminate this lease upon giving written notice, with no cost
> accruing to the GOVERNMENT, not withstanding any other agreements
> contained in this lease.

## COMPLIANCE of SUBSTANTIAL LIFE SAFETY 

> Buildings designed and constructed in compliance with the seismic
> requirements of the building codes delineated in the following matrix
> and that also comply with the nonstructural, geologic/site, and
> adjacency compliance categories are considered to fully meet the
> GOVERNMENT'S [minimum]{.underline} seismic requirement. The offeror
> shall provide proof of compliance in the form of a written
> certification \[CERTIFICATION OF SEISMIC COMPLIANCE\] by an
> independent licensed structural engineer that the building was
> designed and built to a specific code set out in the matrix below. If
> the building cannot be certified in accordance with the matrix below,
> the structural engineer must evaluate the building using FEMA-178,
> *NEHRP Handbook for the Seismic Evaluation of Existing Buildings* and
> attach the FEMA-178 evaluation to the Certification of Seismic
> Compliance. Buildings meeting the requirements of FEMA-178 are
> considered to structurally meet the GOVERNMENT'S minimum requirement
> of 'Substantial Life Safety'.

+-----------+-----------+----------+----------+----------+----------+
| Model     |           |          |          |          |          |
| Building  |           |          |          |          |          |
| Seismic   |           |          |          |          |          |
| Design    |           |          |          |          |          |
| P         |           |          |          |          |          |
| rovisions |           |          |          |          |          |
+-----------+-----------+----------+----------+----------+----------+
| **FEMA**  | *         | **BOCA** | **SBCC** | **UBC**  | **ANSI** |
|           | *BUILDING |          |          |          |          |
| *         | TYPE**    |          |          |          |          |
| *178(a)** |           |          |          |          |          |
+-----------+-----------+----------+----------+----------+----------+
| 1,2       | Wood      | \*\*     | \*\*     | 1949     | \*\*     |
|           | Frame,    |          |          |          |          |
|           | Wood      |          |          |          |          |
|           | Shear     |          |          |          |          |
|           | Panels    |          |          |          |          |
+-----------+-----------+----------+----------+----------+----------+
| 3         | Steel     | 1987     | 1991     | 1976     | 1982     |
|           | Moment    |          |          |          |          |
|           | Resisting |          |          |          |          |
|           | Frame     |          |          |          |          |
|           | (MRF)     |          |          |          |          |
+-----------+-----------+----------+----------+----------+----------+
| 4         | Steel     | 1990     | 1991     | 1988     | \*       |
|           | Braced    |          |          |          |          |
|           | Frame     |          |          |          |          |
+-----------+-----------+----------+----------+----------+----------+
| 5         | Light     | \*       | \*       | \*       | \*       |
|           | Metal     |          |          |          |          |
|           | Frame     |          |          |          |          |
+-----------+-----------+----------+----------+----------+----------+
| 6         | Steel     | 1987     | 1991     | 1976     | 1982     |
|           | Frame w/  |          |          |          |          |
|           | concrete  |          |          |          |          |
|           | Shear     |          |          |          |          |
|           | Walls     |          |          |          |          |
+-----------+-----------+----------+----------+----------+----------+
| 8         | R         | 1987     | 1991     | 1976     | 1982     |
|           | einforced |          |          |          |          |
|           | Concrete  |          |          |          |          |
|           | Moment    |          |          |          |          |
|           | Resisting |          |          |          |          |
|           | Frame     |          |          |          |          |
+-----------+-----------+----------+----------+----------+----------+
| 9         | R         | 1987     | 1991     | 1976     | 1982     |
|           | einforced |          |          |          |          |
|           | Concrete  |          |          |          |          |
|           | Shear     |          |          |          |          |
|           | Walls w/o |          |          |          |          |
|           | MRF       |          |          |          |          |
+-----------+-----------+----------+----------+----------+----------+
| 10.7      | Steel or  | \*       | \*       | \*       | \*       |
|           | Concrete  |          |          |          |          |
|           | Frame     |          |          |          |          |
|           | w/URM     |          |          |          |          |
|           | Infill    |          |          |          |          |
+-----------+-----------+----------+----------+----------+----------+
| 11        | Tilt-up   | 1987     | 1991     | 1973     | 1982     |
|           | Concrete  |          |          |          |          |
+-----------+-----------+----------+----------+----------+----------+
| 12        | Precast   | \*       | \*       | \*       | \*       |
|           | Concrete  |          |          |          |          |
|           | Frame     |          |          |          |          |
+-----------+-----------+----------+----------+----------+----------+
| 13,14     | R         | 1987     | 1991     | 1976     | 1982     |
|           | einforced |          |          |          |          |
|           | Masonry   |          |          |          |          |
+-----------+-----------+----------+----------+----------+----------+
| 15        | Unr       | \*       | \*       | \*       | \*       |
|           | einforced |          |          |          |          |
|           | Masonry   |          |          |          |          |
|           | (URM)     |          |          |          |          |
+-----------+-----------+----------+----------+----------+----------+

> \(a\) The tabulated numbers refer to the 15 common building types as
> they are defined in FEMA 178.
>
> \* Indicates no benchmark year (No comprehensive seismic requirements
> for these buildings exist. Therefore, the buildings must be evaluated
> using FEMA 178).
>
> \*\* In order to determine seismic compliance, buildings built under
> local provisions for wood construction need to be compared to the 1949
> UBC or evaluated under FEMA 178.
>
> BOCA - Building Officials and Code Administrators, *National Building
> Code*.
>
> SBCC - Southern Building Code Congress, *Standard Building Code*.
>
> UBC - International Conference of Building Officials, *Uniform
> Building Code.*
>
> ANSI - American National Standards Institute, A58.1, *Minimum Design
> Loads for Buildings and Other Structures*

## LESS THAN SUBSTANTIAL LIFE SAFETY

> Existing buildings, which cannot achieve substantial life safety, will
> require documentation to describe their lower level of seismic
> compliance. Therefore, the Offeror will provide the following written
> documentation from an independent licensed structural engineer: 1) a
> statement that the building has adequate strength to resist the
> appropriate evaluation earthquake defined in FEMA 178 without
> significant failure and 2) an analysis that describes in detail, with
> appropriate calculations, all exceptions to compliance of Substantial
> Life Safety with the seismic design provisions of one of the building
> model codes in the table above or the FEMA 178 requirements. The
> GOVERNMENT will compare one Offeror against another to determine whose
> building is closest to the seismic criteria for "Substantial Life
> Safety" and make an award to the Offeror who best meets the Model
> Building Code Seismic Design Provisions and the other requirements of
> this screening for information.

BB. SESIMIC SAFETY FOR NEW CONSTRUCTION (9/98) - All construction
performed under this contract must, as a minimum, be in accordance with
current Acceptable Model Codes. The Lessor shall provide, prior to the
GOVERNMENT'S acceptance of the building(s), a written certification from
an independent licensed structural engineer that the building(s)
conforms to a seismic safety standard equivalent to either the current
National Earthquake Hazards Reduction Program (NEHRP) recommendations
\[current as of the date of the solicitation or the screening
information request\] or a version of the following building codes which
has been determined by the Interagency Committee on Seismic Safety in
Construction (ICSSC) to meet the NEHRP recommendations: 1) International
Conference of Building Officials (ICBO) Uniform Building Code, 2)
Building Officials and Code Administrators International (BOCA) National
Building Code or 3) Southern Building Code Congress (SBCC) Standard
Building Code. The structural engineer certification shall be in the
format of the enclosed CERTIFICATION OF SEISMIC. When a code equivalency
study is required it shall be attached to the structural engineer's
certification.

> During the design and development stages of construction, all design
> and engineering documents, including structural engineering
> calculations, shall be made available within twenty-four hours, after
> a verbal request from GOVERNMENT personnel to review said documents,
> or in another time frame agreed to in writing by the Real Estate
> Contracting Officer.
>
> The sole purpose of this clause is to certify that the end product of
> this contract meets the seismic standards of the Department of
> Transportation. This clause does not in any way change the
> requirements of the statement of work, which may require seismic
> standards higher than those required by this clause.
>
> In the event the building with a certification of seismic compliance
> is occupied by the GOVERNMENT and is later determined to not meet the
> standard indicated on the form "Certification of Seismic Compliance
> Form", the GOVERNMENT at its discretion may require the Lessor to meet
> the agreed upon standard or may terminate this lease upon giving
> written notice, with no cost accruing to the GOVERNMENT, not
> withstanding any other agreements contained in this lease.

**8. ATTACHMENTS** **(8/02) -**

> See herein attached - Attachment A

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

IN WITNESS WHEREOF, the parties hereto have signed their names:

+------------------------------+-------------------------+-------------+
| > **9a. NAME AND TITLE OF    | 9b. SIGNATURE OF OWNER  | 9c. DATE    |
| > OWNER** *(Type or Print)*  |                         |             |
|                              |                         | (10/96)     |
+------------------------------+-------------------------+-------------+
| > **THIS DOCUMENT IS NOT     |                         |             |
| > BINDING ON THE GOVERNMENT  |                         |             |
| > OF THE UNITED STATES OF    |                         |             |
| > AMERICA UNLESS SIGNED      |                         |             |
| > BELOW BY AUTHORIZED        |                         |             |
| > CONTRACTING OFFICER.**     |                         |             |
+------------------------------+-------------------------+-------------+
| > **10a. NAME OF REAL ESTATE | 10b. SIGNATURE OF REAL  | 10c. DATE   |
| > CONTRACTING OFFICER**      | ESTATE CONTRACTING      |             |
| > *(Type or Print)*          | OFFICER                 | (10/96)     |
+------------------------------+-------------------------+-------------+