HomeMy WebLinkAboutResolution No. 2022-64 MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Max Best, Interim Planning Director
DATE: August 15, 2022
SUBJECT: Resolution No. 2022-64 – Approving the Renewal of a Lease on Airport
Reserve Lands between the City of Kenai and the Federal Aviation
Administration for the Automated Flight Service Station Facility on Lot
7A-1, FBO Subdivision No. 5.
The City has received a request for a renewal of the Federal Aviation Administration (FAA) lease
of the Automated Flight Service Station (AFSS). The FAA has leased the space for the purpose
of operating the AFSS and Satellite Communication Network (SACOM) facilities dating back to
1983.
The lease agreement if for Lot 7A-1, FBO Subdivision No. 5, a 3.445 acre parcel the parcel
contains the City owned Automated Flight Service Station a 10,812 square foot building.
Pursuant to Kenai Municipal Code 21.10.060 Lease application review, notice of the lease
application was posted in the Peninsula Clarion and stated competing applications may be
submitted for the parcel within 30 -days to the City. The 30 -day window from publication ended
on July 16, 2022, and to-date, no competing applications have been submitted to the City.
The parcel is within the Airport Light Industrial (ALI) Zone. Pursuant to KMC 14.20.065, the
purpose of the ALI Zone is to protect the viability of the Kenai Municipal Airport as a significant
resource to the community by encouraging compatible land uses and reducing hazards that may
endanger the lives and property of the public and aviation users. The proposed aeronautical use
is a permitted and compatible use in the ALI Zone.
The Imagine Kenai 2030 Comprehensive Plan outlines goals, objectives, and action items for the
City, including this one pertaining to the Kenai Municipal Airport:
Objective T- 1: Support future development near or adjacent to the airport when such
development is in alignment with the Kenai Municipal Airport's primary mission, "To be the
commercial air transportation gateway to the Kenai Peninsula Borough and Cook Inlet."
Page 2 of 2
The proposed use complies with the Imagine Kenai 2030 Comprehensive Plan by supporting
development on lease lots with development that is in alignment with the Kenai Municipal Airport's
marketing strategy.
Please review the attached materials.
Your consideration is appreciated.
Attachments:
City of Kenai Land Lease Application from FAA
470 N. Willow Street Map & Plat
Name of Applicant:
City:State:Zip Code:
City:State:Zip Code:
Type of Applicant: Individual (at least 18 years of age) Partnership Corporation Government
Limited Liability Company (LLC) Other _________________________________
Legal description of property (or, if subdivision is required, a brief description of property):
Does the property require subdivision? (if Yes, answer next questions YES NO
2.,IGHWHUPLQHGLWGRHVQRWDSSOLFDQWLV responsible for all VXEGLYLVLRQcosts
YES NO
,QLWLDOVBBBBBBB
,QLWLDOVBBBBBBB
,WLVWKHUHVSRQVLELOLW\RIWKHDSSOLFDQWWRFRYHU recording costs associated with lease,QLWLDOVBBBBBBB
Do you have or have you ever had a Lease with the City? (if Yes, answer next question) YES NO
Request a Lease with an Option to Purchase once development requirements are met? YES NO
Requested term for Initial Lease or Renewal (based on Term Table, not to exceed 45 years):
Requested term for Lease Extension (based on Term Table, not to exceed a total of 45 Years):
Extension
Renewal
City of Kenai
Land Lease Application
Mailing Address:
Mailing Address:
E-mail: (Optional)
1. Legal or brief description of property leased:
New Lease
Requested Starting Date:
Property Information and Term Requested
Applicant Information
Home Phone: Phone Number(s):
E-mail: (Optional)
Subdivision costs are the responsibility of the applicant unless the City Council
determines a subdivision serves other City purposes:
Amendment
Assignment
1. Do you believe the proposed subdivision would serve other City purposes?
If an appraisal is required to determine the minimum price on the land, DSSOLFDQWLV responsible
for the deposit to cover costs associated with appraisal ,IDVDOHLVDSSURYHGWKH cost of the
appraisal will be either refunded or credited WRWKHDSSOLFDQW
Application for:
Work/ Message Phone:
Work/ Message Phone:
Application Date:
Name to Appear on Lease:
Phone Number(s):Home Phone:
5/25/2022
Department of Transportation - Federal Aviation Administration
2200 S 216th St Des Moines WA 98198
Federal Aviation Administration
2200 S 216th St Des Moines WA 98198
206-231-3058
7A-l,Block 2 FBO Subdivision No. 5, according to Plat No. 92-60, in the Kenai Recording District, Third Judicial
District, State of Alaska. Comprising more or less 3.445 acres, and a 3.214 acre building restr. clear zone easement
7A-l,Block 2 FBO Subdivision No. 5, according to Plat No. 92-60, in the Kenai Recording District, Third Judicial District, State of Alaska. Comprising more or less 3.445 acres, and a 3.214 acre building restriction clear zone easement at 470 North Willow Street, Kenai, Alaska.
TBD
10/01/2022
X
K(;NAI
X
)(
)(
X
X
Do you plan to construct new or additional improvements? (if Yes, answer next five questions) YES NO
1. Will the improvement change or alter the use under an existing lease? YES NO
2. What is the proposed use of the improvement?
3. What is the estimated value of the improvement?
4. What is the nature and type of improvement?
5. What are the dates construction is estimated to commence and be completed?
Estimated Start Date: Estimated Completion Date:
Describe the proposed business or activity intended:
How does the proposed lease support a thriving business, residential, recreational, or cultural community?
Renewal of an Existing Lease (at least one year of term remaining): Requires new development.
Lease Term based on: Estimated cost of new improvements and Purchase Price (optional)
Renewal of an Expiring Lease (less than one year of term remaining): Does not require new development.
Lease Term based on: Purchase Price Professional Estimate of Remaining Useful Life
Fair Market Value appraisal and/or Estimated cost of new improvements (optional)
Requested Term for Renewal Based on Term Table, not to exceed 45 Years:
Signature:Date:
Print Name:Title:
For City Use Only:
General Fund Airport Reserve Land
Airport Fund Outside Airport Reserve
Date Application Fee Received:
Account Number:
Date Application Determined Complete:
30-Day Notice Publication Date:
City Council Action/Resolution:
Proposed Use and Improvements
(generally, construction must be completed within two years)
Submitting an application for a lease does not give the applicant a right to lease or use the land requested in the application. The application
shall expire twelve (12) months after the date the application has been made if the City and the applicant have not, by that time, entered into a
lease, unless the City Council for good cause grants an extension for a period not to exceed six (6) months. The City has no obligation to
amend, renew or extend a lease and may decline to do so upon making specific findings as to why a lease renewal, extension, or amendment is
not in the best interest of the City
Lease Assignment Only: What is the name of the individual or legal entity the lease is to be assigned?
Proposed Use (check one): Aeronautical Non-Aeronautical
Lease Renewal Only
&RUL%HHNPDQ
N/A
N/A
N/A
This space will be used by the Federal Aviation Administration for our Automated Flight Service Station and Satellite
Communications Center (currently in place under prior lease with the City of Kenai)
FAA is tasked with supporting the safety of the National Airspace. The operations are critical for flight safety in the
local area of Kenai as well as for national flights throughout the country.
N/A
TBD
06/08/2022
RECO
CORI A BEEKMAN
Digitally signed by CORI A
BEEKMAN
Date: 2022.06.08 06:30:16 -07'00'
X
X
t ' ~
Basic Map Viewer
Basic Tools
* 04336033
PARCELID:04336033
Municipal
Institutional
Owner:
KENAI CITY OF
210 FIDALGO AVE STE 200
KENAI, AK 99611
Legal:
r.D L;J
T 6N R llW SEC 32 SEWARD MERIDIAN
KN 0920060 FBO SUB NO 5 LOT 7A-1
Physical Addresses:
470 N WILLOW ST
View Additional Details
100 200ft
• ~ T
Search. .. Sign in
Tool Labels X
I'\ ~i --I .... ~ -•-..... I
1k] r,, ~ 0 ~
SUR\IEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT; I AM PROPERLY REGISTERED AND LICENSED TO
PRACllCE LANO SURVEYING IN THE STATE Of ALASKA. THIS SKETCH
REPRESENTS A SURVEY MADE BY ME OR UNDER "4'I' DIRECT SUPERVISION,
THE MONUMENTS SHOWN HEREON ACllJAU..Y EXIST >S DESCRIBED, AND
ALL DIMENSIONS AND OTHER DETAILS ARE CORRECT TO THE NORMAL
STANDARDS OF PRACTICE '!.Ff. LANO su:r:;~s IN THE STATE OF ALASKA.
SURVEYOR'S SIGN ... TURE: ,J!/~ ~V= DATE: 1/t'/"I!-
F t.J., A T f\ A C T
NOTE: NO PERMANENT STRUCl\JRE SHALL BE CONSTRUCTED
OR PLACED WITHIN AN tASEMENT WHICH WOULD
INTERFERE WITH THE ABIUN Of A UTIUN TO USE
THE EASEMENT.
I
I
·1
'TlilS PLAT ·= .... __.,_,.~---t----
LEGEND
0 SET 5/11" REBAR WITH 1 1/'t' Al.CM'
$ FOUNO 5/11" REBAR WITH 1 1/<r PLASTlC CM'
0 FOUND 1/T REBAR WITH 1" PLASTIC CM'
e FOUND 1 /T REBAR
f!l FOUND 3 1/ 4• Al.CAP MONU'-IENT
(R1) RECORD DATA -KRD 78-225
(R2) RECORD DATA -KRD 84--145
(RJ) RECORD DATA -KRD 90--62
(M) MEASURED DATA
LOT 7A-1
3.445 ACRES ±
(150,084 S.f.)
RECOR%5. l'r..ED-;r.-1
·--·Ji!':"".:'l'!:T !
.... _JQ_:~'i ___ , ... g,~:
l, ... __ 1.2.·~--.f "
--.. ~ ~ . .Cl\r.iM1'.C.n,__ . -·· -------. -----..
<@'
/
ADEC CERTIACATE
THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATIO N
HAS REVIEWED PLANS FOR THIS SUBDMSION'S WASTEWATER
DISPOSAL, AND APPROVES THIS SUBDMSION FOR PLAmNG.
~ \~ EE 9-28-'k.
S GNATURE 1!1lE DATE
c 0 0 I(
INLET
VICINITY MAP
SCALE: 1• -1 MILE
1
CERTIFICATE OF OWNERSHIP AND DEDICATION
I HEREBY CERTIFY THAT WE ARE THE OWNERS Of THE REAL
PROPERTY SHOWN AND DESCRIBED HEREON ANO THAT WE
HEREBY ADOPT THIS PLAN OF SUBDMSION AND BY OUR FREE
CONSENT DEDICATE ALL RIGHTS-OF-WAY AND PUBLIC ARE:AS
10 PUBLIC USE ANO GRANT ALL £>SEMENl'S TO THE USE SHOWN .
cnv Mi'tlAGER
cnv OF KENAI
2.10 AOo\l..GO STREET
KENAI, AK 9961 1
NOTARY'S ACKNOWLEDGEMENT
FOR: City o f-4.,....; (£,, "-· d,.....
SUBSCRIBED ANO SWORN B~RE ME THIS ~PJ~'f_""-____ _
Dl.Y Of ~!V'etnifa&. 19 ~~------
J:b,· ,.;,.-wa(
NOTARY PUBLIC FOR AL>SKA
"4'I' COMMI SSION EXPIRES : 7 //•/16,
PLAT APPROVAL
THIS PLAT WAS APPROVED BY THE KENAI PENINSULA BOROUGH
PLANNING COMMISSION AT. ~ETING OF Ji< '-J' «00 199~
BY: ~.«.h£'£ ~>'/¥2':'
AUTHORIZED OFFICW.
KPB FILE NO. 92-066
FBO SUBDMSION NO. 5
A RESUBDMSION OF LOT 7A, BLOCK 2, FBO SUBDl'llSION NO . 2
AND A PORTION Of THE NE1/4, SEC. 32, T6N , R11W, S.M .• AK.
LOCAlED WITHIN THE NE1/4, SEC . 32, T6N, Rl1W, S.M., AK,
cnv OF KENAI, KENAI RECORDING DISTRICT, KENAI PENINSULA
BOROUGH, ALASKA
SUR\IEY DATE:
CONTAINING 1 LOT OF 3.445 ACRES ±
RAYTHEON SERVICE COMPANY
550 W. 7th AVENUE, SUITE 1320
ANCHORAGE, AK 99501
279-5400
8-21-92 PLATTED:
DRAWN : BWC AElD BOOK: N/A
CHECKED: WSS SCALE: 1• a 100'
DATE PREPARED: 9-28-92 PREPARED FOR: FAA
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Linda Mitchell, Planning Director
DATE: September 21, 2022
SUBJECT: Resolution 2022-64 - FAA Flight Service Station Lease Renewal
The purpose of this memo is to request that Resolution 2022-64 be postponed until the next
Council meeting of October 5, 2022.
Administration had expected the appraisal of the property, establishing the lease rate in the
agreement, to be completed by today, however, it has not been received. Additionally, the FAA
has not completed their review of the draft Non-Standard Lease Form provided by the City. It is
anticipated that the appraisal will be completed and the FAA will have completed their review and
approved the form of the final Non-Standard Lease Form by the first meeting of October.
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Linda Mitchell, Planning Director
DATE: October 5, 2022
SUBJECT: Resolution 2022-64 - FAA Flight Service Station Lease Renewal
Administration is requesting that Resolution 2022-64 be postponed until the next Council meeting
of October 19, 2022.
Administration received the appraisal of the property and provided a copy to the applicant on
September 28, 2022. A lease rate and term have been established, however, FAA has not
provided an updated draft Non-Standard Lease Form to the City. It is anticipated that the FAA will
provide a draft Non-Standard Lease Form by the second meeting of October.
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Scott Bloom, City Attorney
DATE: October 19, 2022
SUBJECT: Resolution No. 2022-64 – FAA Building Lease Requested Amendment
The purpose of this memo is to request an amendment to Resolution No. 2022-64. The original
Resolution contemplated a lease renewal, however, a new lease is required, as a renewal could
not be accomplished prior to the end date of the initial lease. This will necessitate a change to the
title. However, public notice based on the original title provides sufficient legal public notice of the
matter to move forward at tonight’s meeting. Secondly, the City has not received final approval of
the lease form from the FAA, so some minor adjustments may need to be made after approval.
The second amendment below will allow for this. Finally, the attached lease to the Resolution
needs to be replaced with the lease attached to this memo.
The following amendments are respectfully requested:
Motions:
1. Amend the title as follows by deleting “the renewal of” in the title so the new title will read:
A RESOLUTION APPROVING A LEASE UTILIZING A NON-STANDARD LEASE
FORM OF AIRPORT RESERVE LANDS BETWEEN THE CITY OF KENAI AND
THE FEDERAL AVIATION ADMINISTRATION FOR THE AUTOMATED FLIGHT
SERVICE STATION AND SATELLITE COMMUNICATION NETWORK
FACILITIES ON LOT 7A-1 FBO SUBDIVISION NO. 5.
2. Amend Section 1. to read (new language underlined):
Section 1. The Council of the City of Kenai approves the attached, or a materially
similar, non-standard space lease form for the lease of Lot 7A-1, Block 2, FBO
Subdivision, located within the Airport Reserve, to the FAA for the use of an
automated flight service station and satellite communication network facilities, for
the beginning lease rate of $13,540/ month.
3. Amend by substitution the lease previously included in the packet attached to Resolution
2022-64, with the lease attached to this memorandum.
Thank you for your consideration.
1
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
STANDARD SPACE LEASE
Between
THE UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
And
City of Kenai
FAA CONTRACT NO: [XXXXX-XX-X-XXXXX]
ATID/FACILITY TYPE: ENA-AFSS
LOCATION: Kenai, AK
1. Preamble (09/2021) 6.1.1 This Lease for real property is hereby entered into by and between the
City of Kenai, hereinafter referred to as the Lessor or City, and the United States of America, acting
by and through the Federal Aviation Administration, hereinafter referred to as the FAA.
2. Definitions (09/2021) 6.1.1-1 For purposes of this document, the following definitions apply;
Contract- refers to this legal instrument used to acquire an interest in real property for the direct
benefit or use by the FAA. As used herein, contract denotes the document (for example- lease,
easement, memorandum of agreement, or other legally binding agreement) used to implement an
agreement between a customer (buyer) and a seller (supplier).
Contractor- refers to the party(ies) receiving a direct procurement contract from the FAA and who
is(are) responsible for performance of contract requirements. For purposes of this document, the
contractor may also be called the Lessor, Permittor, Licensor, Grantor, Airport, or Offeror depending
on the type of contract or the provision within the contract.
Government- refers to the United States of America acting by and through the Federal Aviation
Administration (FAA). For purposes of this document, Government and FAA are interchangeable.
Real Estate Contracting Officer (RECO) - is a trained and warranted official who contracts for real
property on behalf of the FAA. For purposes of this agreement, RECO is interchangeable with
Contracting Officer (CO).
3. Succeeding Contract (09/2021) 6.1.2 This contract succeeds DTFAWN-13-L-00002 and all other
previous agreements between the parties for the property described in this document.
4. Lease Witnesseth (09/2021) 6.1.3 Witnesseth: The parties hereto, for the consideration hereinafter
mentioned, covenant and agree as follows:
5. Leased Space Description (09/2021) 6.1.4 The Lessor hereby leases to the Government the
following described premises;
470 N Willow St, Kenai, AK, further described as;
2
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
Lot 7A-1, FBO Subdivision No. 5, according to Plat No. 92-60.
A 150,084 SF or 3.45 acre lot, consisting of a 10,812 square foot office building with a 729 square
foot detached shop for a gross building area of 11,541 square feet, with a rentable area of 10,500
RSF
As shown on <Insert drawing no. XX>, dated XX/XXXX, marked as <Insert Attachment/Exhibit
No>, which is attached hereto and made a part hereof.
The Lessor shall provide 90 reserved off-street parking spaces at no additional cost to the
Government. With respect to compliant accessible parking spaces, see the “Accessibility” clause.
6. Purpose (09/2021) 6.1.5 It is understood and agreed that the use of the herein described premises
shall be related to FAA’s activities in support of the National Airspace System (NAS).
7. Legal Authority (09/2021) 6.2.1 This contract is entered into under the authority of 49 U.S.C.
106(l)(6) and (n), which authorizes the Administrator of the FAA to enter into contracts, acquisitions
of interests in real property, agreements, and other transactions on such terms and conditions as the
Administrator determines necessary.
8. Term (09/2021) 6.2.3 To have and to hold, for the term commencing on October 1, 2022 and
continuing through September 30, 2042 inclusive, provided that adequate appropriations are
available from year to year for the consideration herein.
9. Consideration (Standard Space) (09/2021) 6.2.4-1
A. The Government shall pay annual rent for the premises, payable in monthly installments in
arrears, at the following rate(s)(monthly installments may vary based on rounding):
Initial Term DATES:
10/01/2022 through
09/30/2042
Rent Amount
Annual Rental Rate $15.48/ RSF
Monthly Rent $13,545.00
Total Annual Rent $162,540.00
B. Payment shall be made in arrears, without the submission of invoices or vouchers. Payments are due
on the first business day following the end of the payment period and are subject to available
appropriations. The payments shall be directly deposited in accordance with the “Payment by Electronic
Funds Transfer” clause in this contract. Payments shall be considered paid on the day an electronic
funds transfer is made.
C. Payment shall be made in full to: City of Kenai, 210 Fidalgo Ave, Kenai, AK 99611-7750
Termination for Convenience (09/2021) 6.2.5-1 The Government may terminate this contract at any
3
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
time, in whole or in part, if the Contracting Officer (CO) determines that a termination is in the best
interest of the Government. The CO shall terminate by delivering to the contractor a written notice
specifying the effective date of the termination. The termination notice shall be issued 60 days before
the effective termination date.
After termination, the Contractor may submit a final termination settlement proposal to the CO in the
form and with the certification prescribed by the CO. The proposal must include all documentation
necessary to validate the proposal.
The contractor must submit the proposal no later than one (1) year from the effective date of termination
unless the submission deadline is extended in writing by the CO upon written request of the contractor
within this one (1) year period. However, if the CO determines that the facts justify it, a termination
settlement proposal may be received and acted on after one (1) year or any extension. If the contractor
fails to submit the proposal within the time allowed, the CO may determine, on the basis of information
available, the amount, if any, due the contractor because of the termination and shall pay the amount so
determined.
After submission of final termination settlement proposal, the Contractor and the Contracting Officer
may agree upon the whole or any part of the amount to be paid because of the termination.
If the contractor and the CO fail to agree, the Government will pay the contractor the amounts
determined by the CO as follows:
1) The contract price for any unpaid rents;
2) The remaining principle balance of Tenant Improvement allowance as described in the clause titled
“Lessor’s Recovery of Tenant Improvement Allowance in the Event of Termination” within this
contract; and
3) Reasonable costs associated with termination.
If the termination is partial, the contractor may file a proposal with the CO for an equitable adjustment
of the price(s) of the continued portion of the contract. If agreed upon, the CO may make the equitable
adjustment. Any proposal by the contractor for an equitable adjustment under this clause must be
requested within 90 days from the effective date of termination unless extended in writing by the CO.
The contractor may file a claim with the Federal Aviation Administration Office of Dispute Resolution
for Acquisition based on any determination made by the CO pursuant to this clause. Nothing in this
clause will obligate the government to spend in excess of available appropriations.
10. Termination for Default (09/2021) 6.2.5-2
A. Subject to the provision of notice of default to the Lessor, and the provision of reasonable
opportunity for the Lessor to cure the default, the following conditions constitute default by the
Lessor:
i. Prior to Acceptance of the Premises. Failure by the Lessor to perform all obligations required for
acceptance of the space, to include, but are not limited to, all obligations included within the
statement of work and lease clauses, within the times specified, without such failure in performance
being affirmatively excused, in writing, by the RECO.
ii. After Acceptance of the Premises. Failure by the Lessor to perform any service, or to make
progress in the work so as to endanger performance; the failure to make any item; or the failure to
4
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
satisfy any requirement of this Lease, without such failure being affirmatively excused, in writing,
by the RECO.
B. Grounds for Termination. The Government may terminate the Lease, in whole or in part, if:
i. after given notice and reasonable opportunity to cure by the Government, the Lessor’s default
persists; or
ii. the Lessor fails to take such actions as necessary to prevent the recurrence of default conditions,
and such conditions substantially impair the Government’s use or occupancy of the Premises, as
determined by the Government.
C. The rights and remedies specified in this clause are in addition to all remedies to which the
Government may be entitled to as a matter of law.
11. Excuse (09/2021) 6.2.5-3
A. The Lessor will not be in default because of any failure to perform the requirements of this Lease
under its terms if the failure arises from causes beyond the control and without the fault or
negligence of the Lessor.
B. Permissible causes for excuse are:
i. acts of God (e.g., fires, floods, pandemics, epidemics, unusually severe weather, etc.),
ii. acts of the public enemy,
iii. acts of the Government in either its sovereign or contractual capacity,
iv. pandemic, epidemic, or quarantine restrictions,
v. strikes, and
vi. freight embargoes. In each instance, the failure to perform must be beyond the control and
without the fault or negligence of the Lessor.
C. Excuse will not be granted when:
i. the Lessor had actual or constructive knowledge prior to the Lease Award Date that he/she could
not perform in accordance with the requirements of the Lease contract;
ii. the conditions of the property prevent performance;
iii. the Lessor, its employees, agents or contractors, by error or omission, fails to perform; or
iv. the Lessor is unable to obtain sufficient financial resources to perform its obligations.
D. The RECO will ascertain the facts and extent of the failure. If the RECO determines that any
failure to perform is excusable, the RECO will revise the delivery schedule subject to the rights of
the Government under the default and termination clauses of this contract.
12. Binding Effect (09/2021) 6.2.6 The provisions of this contract and the conditions herein shall be
binding upon, and for the benefit of, the parties and their successors and assigns. In the event of any
sale or transfer of ownership of the property or any portion thereof, the Government will be deemed
to have attorned to any purchaser, successor, assign, or transferee. The succeeding owner will be
deemed to have assumed all rights and obligations of the contractor under this contract establishing
direct privity of estate and contract between the Government and said succeeding owner, with the
same force, effect, and relative priority in time and right as if the contract had initially been entered
into between such succeeding owner and the Government.
13. Holdover (09/2021) 6.2.12 If after the expiration of the Lease, the Government shall retain
possession of the premises, the Lease shall continue in full force and effect on a month-to-month
basis. Payment shall be made in accordance with the Consideration clause of the Lease at the rate
5
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
paid during the Lease term. This period shall continue until the Government shall have signed a new
lease with the Lessor, acquired the property in fee, or vacated the premises.
14. RE Clauses Incorporated by Reference (09/2021) 6.3.0 This solicitation or contract, as applicable,
incorporates by reference the provisions or clauses listed below with the same force and effect as if
they were given in full text. Upon request, the RECO will make the full text available, or the full text
may be obtained via internet at https://fast.faa.gov/RPF_Real_Property_Clauses.cfm.
A. Interest (09/2021) 6.3.0-1
B. Officials Not To Benefit (09/2021) 6.3.0-2
C. Assignment of Claims (09/2021) 6.3.0-3
D. Contracting Officer's Representative (09/2021) 6.3.0-4
E. Contingent Fees (09/2021) 6.3.0-5
F. Anti-Kickback Procedures (09/2021) 6.3.0-6
G. Equal Opportunity (09/2021) 6.3.0-7
H. Equal Opportunity for Veterans (04/2022) 6.3.0-8
I. Equal Opportunity for Workers with Disabilities (04/2022) 6.3.0-9
J. Davis Bacon Act (01/2022) 6.3.0-10
K. Minimum Wages for Contractor Workers Under Executive Order 14026 (01/2022)
6.3.0-11
15. Funding Responsibility for FAA Facilities (09/2021) 6.3.6 The Contractor agrees that all
Contractor requested relocation(s), replacement(s), or modification(s) of any existing or future FAA
navigational aid or communication system(s) necessitated by Contractor improvements or changes
will be at the expense of the Contractor. In the event that the Contractor requested changes or
improvements interferes with the technical and/or operational characteristics of the FAA's facility,
the Contractor will immediately correct the interference issues at the Contractor’s expense. Any
FAA requested relocation, replacement, or modifications shall be at the FAA's expense. In the event
such relocations, replacements, or modifications are necessary due to causes not attributable to either
the Contractor or the FAA, funding responsibility shall be determined by mutual agreement between
the parties, and memorialized in a Supplemental Agreement.
16. Accessibility (09/2021) 6.3.7 The building and the leased premises must be accessible to persons
with disabilities pursuant to the Architectural Barriers Act and Rehabilitation Act as detailed in the
Architectural Barriers Act Accessibility Standards (ABAAS) 41 CFR Parts 102-71, 102-72, et al,
and all applicable state and local accessibility laws and regulations. ABAAS is available at
www.access-board.gov.
Subject to the exception set forth herein, separate ABAAS compliant restroom facilities for men and
women must be provided on each floor where the Government leases space. Separate ABAAS
compliant restroom facilities must not be required if due to the age of the building, design layout, or
other structural requirements, it is technically infeasible to do so. In the event the Lessor determines
that it is technically infeasible to provide separate ABAAS compliant restroom facilities, the Lessor
must provide the basis for the determination of technical infeasibility in writing to the RECO,
together with all supporting documentation.
With respect to all restrooms, water closets, and urinals, they must not be visible when the exterior
door is open. Each restroom must contain toilet paper dispensers, soap dispensers, paper towel
6
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
dispensers, waste receptacles, a sanitary napkin dispenser, and receptacle for each toilet in the
women’s restroom, disposable toilet seat cover dispensers, a convenience outlet, and hot and cold
water. Two or more drinking fountains must be provided. One drinking fountain shall be a low unit
commonly called a wheelchair unit and one drinking fountain shall comply with standing persons'
requirements, unless sufficient space is not available to provide both a wheelchair unit and a unit for
standing persons. In such instance, and subject to the approval of the RECO, a single unit able to
accommodate both disabled and non-disabled persons must be provided.
In addition, compliant accessible parking spaces must be provided in accordance with the ABAAS
requirements as detailed in 42 U.S.C. 4151 and as set forth in the ABAAS Scoping Requirements.
17. Changes (09/2021) 6.3.8 (MODIFIED)
A. The RECO may at any time, by written order via Supplemental Agreement agreed to by the City,
make changes within the general scope of this Lease in any one or more of the following:
i. Work or services;
ii. Facilities or space layout;
iii. Amount of space/land;
iv. Any other change made within the scope of this lease.
B. If any such change causes an increase or decrease in the Lessor’s cost or time required for
performance under this lease, the RECO will modify this Lease to provide one or more of the
following:
i. An equitable adjustment in the rental rate;
ii. A lump sum equitable adjustment;
iii. An equitable adjustment of the annual operating costs per rentable square foot; or
iv. An adjustment to the delivery date.
C. The Lessor must assert its right to an adjustment by written proposal under this clause within
thirty (30) days from the date of receipt of the change order. Lessor’s request must include all
documentation necessary to validate his/her right to an adjustment. Failure to reach agreement on
any adjustment constitutes grounds for dispute under the Contract Disputes clause.
D. Nothing in this clause excuses the Lessor from proceeding with the change as directed.
E. Absent written supplemental agreement the Government is not liable to the Lessor under this
clause.
18. Failure in Performance (09/2021) 6.3.16 In the event the Contractor fails to perform a service,
provide an item, or satisfy a requirement under this Contract, the Government may:
A. perform the service, provide the item, or satisfy the requirement itself, and abate the rent by its
actual costs (including administrative costs) incurred in doing so,
B. not correct the Contractor’s performance and abate the rent by an amount reasonably calculated to
approximate the decreased value of the Contract arising from the Contractor’s failure to perform, or
C. pursue termination of the contract under the “Termination” clause(s) in this Contract.
19. No Waiver (09/2021) 6.3.17 (MODIFIED) No failure by the Government or the City to insist upon
strict performance of any provision of this Contract or failure to exercise any right, or remedy
consequent to a breach thereof, will constitute a waiver of any such breach in the future.
7
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
20. Non-Restoration (09/2021) 6.3.18 (MODIFIED) It is hereby agreed between the parties that, upon
termination of its occupancy, including any holdover period, the Government shall have no
obligation to restore and/or rehabilitate, either wholly or partially, the property that is the subject of
this contract. It is further agreed that the Government may abandon in place any or all of the
structures and equipment installed in or located upon said property by the Government during its
tenure. Such abandoned equipment may become the property of the contractor at its election.
21. Quiet Enjoyment (09/2021) 6.3.25 The Contractor warrants that they have good and valid title to
the premises, and rights of ingress and egress, and warrants and covenants to defend the
Government’s use and enjoyment of said premises against third party claims.
22. Damage by Fire or Other Casualty or Environmental Hazards (09/2021) 6.3.26 If the premises
is partially or totally destroyed or damaged by fire or other casualty or if environmentally hazardous
conditions are found to exist so that the premises is untenantable as determined by the Government,
the Government may agree to allow restoration/reconstruction, or may elect to terminate the
contract, in whole or in part, immediately by giving written notice to the contractor and no further
rental will be due. The Government shall have no duty to pay rent while the premises are
unoccupied.
23. Delivery and Condition (09/2021) 6.3.27 Unless the Government elects to have the space occupied
in increments, the space must be delivered ready for occupancy as a complete unit by the agreed
upon occupancy date. The Government reserves the right to determine when the space is ready to
occupy, and to assess damages in the event the occupancy date is not met.
24. Occupancy Permit (09/2021) 6.3.27-1 The premises offered must have a valid Occupancy Permit,
issued by the local jurisdiction, for the intended use of the Government, or the Lessor will complete
and provide a certified copy of the "Checklist: FAA Safety & Environmental Certification" form, in
lieu of an occupancy permit, at the RECO’s discretion.
25. Interference (09/2021) 6.3.28 In the event that FAA operations interfere with the Contractor’s
facility, the Contractor must immediately notify the RECO. The FAA will begin assessment of
interference immediately upon notification.
If the Contractor or its facility interferes with the FAA’s equipment and the Contractor either knows
of, or is notified by the FAA, of the interference, the Contractor will immediately remediate the
interference at its own cost.
Notification under this clause must include the following information, if known:
A. type of interference,
B. the commencement date of the interference, and
C. the root cause of the interference.
26. Alterations (09/2021) 6.3.29 (MODIFIED) The Government upon 30 days notice to the City, shall
have the right during the term of this Lease, including any extensions thereof, to make alterations,
attach fixtures, and erect structures or signs in or upon the premises hereby leased, which fixtures,
alterations or structures so placed in, on, upon, or attached to the said premises shall be and remain
the property of the Government and may be removed or otherwise disposed of by the Government.
The parties hereto mutually agree and understand, that no restoration rights shall accrue to the Lessor
for any alterations or removal of 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.
8
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
27. Hold Harmless (09/2021) 6.3.30 In accordance with and subject to the conditions, limitations and
exceptions set forth in the Federal Tort Claims Act, 28 U.S.C. Ch. 17, the Government will be liable
to persons damaged by any personal injury, death or injury to or loss of property, which is caused by
a negligent or wrongful act or omission of an employee of the Government while acting within the
scope of his office or employment under circumstances where a private person would be liable in
accordance with the law of the place where the act or omission occurred. The foregoing shall not be
deemed to extend the Government's liability beyond that existing under the Act at the time of such
act or omission or to preclude the Government from using any defense available in law or equity.
28. Compliance with Applicable Laws (09/2021) 6.3.31 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.
The Government will comply with all federal, state, and local laws applicable to and enforceable
against it as a tenant under this lease, provided that nothing in this lease shall be construed as a
waiver of the sovereign immunity of the Government.
29. Examination of Records (09/2021) 6.3.32 The Comptroller General of the United States, the
Administrator of FAA or a duly authorized representative of either shall, until three (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.
30. Subordination, Nondisturbance and Attornment (09/2021) 6.3.33
A. The Government agrees, in consideration of the warranties and conditions set forth in this clause,
that this contract is subject and subordinate to any and all recorded mortgages, deeds of trust and
other liens now or hereafter existing or imposed upon the premises, and to any renewal, modification
or extension thereof. It is the intention of the parties that this provision shall be self-operative and
that no further instrument shall be required to effect the present or subsequent subordination of this
contract. Based on a written demand received by the RECO, the Government will review and, if
acceptable, execute such instruments as the contractor may reasonably request to evidence further
the subordination of this contract to any existing or future mortgage, deed of trust or other security
interest pertaining to the premises, and to any water, sewer or access easement necessary or desirable
to serve the premises or adjoining property owned in whole or in part by the contractor if such
easement does not interfere with the full enjoyment of any right granted the Government under this
contract.
B. No such subordination, to either existing or future mortgages, deeds of trust or other lien or
security instrument shall operate to affect adversely any right of the Government under this contract
so long as the Government is not in default under this contract. Contractor will include in any future
mortgage, deed of trust or other security instrument to which this contract becomes subordinate, or
in a separate non-disturbance agreement, a provision to the foregoing effect. Contractor warrants that
the holders of all notes or other obligations secured by existing mortgages, deeds of trust or other
security instruments have consented to the provisions of this clause, and agrees to provide true
copies of all such consents to the RECO promptly upon demand.
C. In the event of any sale of the premises or any portion thereof by foreclosure of the lien of any
such mortgage, deed of trust or other security instrument, or the giving of a deed in lieu of
9
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
foreclosure, the Government will be deemed to have attorned to any purchaser, purchasers,
transferee or transferees of the premises or any portion thereof and its or their successors and
assigns, and any such purchasers and transferees will be deemed to have assumed all obligations of
the contractor under this contract, so as to establish direct privity of estate and contract between
Government and such purchasers or transferees, with the same force, effect and relative priority in
time and right as if the contract had initially been entered into between such purchasers or
transferees and the Government; provided, further, that the RECO and such purchasers or transferees
shall, with reasonable promptness following any such sale or deed delivery in lieu of foreclosure,
execute all such revisions to this contract, or other writings, as shall be necessary to document the
foregoing relationship.
D. None of the foregoing provisions may be deemed or construed to imply a waiver of the
Government's rights as a sovereign.
31. Notification of Change in Ownership or Control of Land (09/2021) 6.3.34 If the Contractor sells,
dies or becomes incapacitated, or otherwise conveys to another party or parties any interest in the
aforesaid land, rights of way thereto, and any areas affecting the premises, the Government shall be
notified in writing, of any such transfer or conveyance within 30 calendar days after completion of
the change in property rights. Concurrent with the written notification, the Contractor or
Contractor’s heirs, representatives, assignees, or trustees shall provide the Government copies of the
associated legal document(s) (acceptable to local authorities) for transferring and/or conveying the
property rights.
32. Change of Ownership/Novation (09/2021) 6.3.34-1
A. If during the term of the Lease, title to the Property is transferred or the Lessor changes its legal
name, the Lessor shall notify the Government within five days of the transfer of title/change of
name.
B. The Government and the Lessor must execute a Supplemental Agreement acknowledging the
transfer of title or name change.
C. If title to the Property is transferred, the Government, the original Lessor (Transferor), and the
new owner or assignee (Transferee) shall execute a Novation Agreement providing for the transfer
of Transferor's rights and obligations under the Lease to the Transferee. When executed on behalf of
the Government, a Novation Agreement will be made part of the Lease via Supplemental
Agreement.
D. The RECO may request additional information (e.g., copy of the deed, bill of sale, certificate of
merger, contract, court decree, articles of incorporation, operation agreement, partnership certificate
of good standing, etc.) from the Transferor or Transferee to verify the parties' representations
regarding the transfer.
E. If the RECO determines that recognizing the Transferee as the Lessor will not be in the
Government's interest, the Transferor shall remain fully liable to the Government for the Transferee's
performance of obligations under the Lease, notwithstanding the transfer. Under no condition shall
the Government be obligated to release the Transferor of obligations prior to (a) the rent
commencement date; and (b) any amounts due and owing to the Government under the Lease that
have been paid in full or completely set off against the rental payments due under the Lease.
F. As a condition for being recognized as the Lessor and entitlement to receiving rent, the Transferee
must register in the System for Award Management (SAM) for purposes of “All Awards”, and
complete all required representations and certifications within SAM and the “Representation
10
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
Regarding Certain Telecommunications and Video Surveillance Services or Equipment” in this
contract.
G. If title to the Property is transferred, rent shall continue to be paid to the original Lessor, subject
to the Government's rights as provided for in this Lease. The Government's obligation to pay rent to
the Transferee shall commence on the effective date of the Lease Amendment incorporating the
Novation Agreement. The Lease Amendment will not be issued until the Government has received
all information reasonably required by the RECO, the Government has determined that recognizing
the Transferee as the Lessor is in the Government's interest (which determination will be prompt and
not unreasonably withheld), and the Transferee has met all conditions specified in sub-paragraph F.
33. Sublease (09/2021) 6.3.35 (MODIFIED) The Government may sublease the space covered under
this Lease to another agency or private party, with the City’s consent. 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.
34. Integrated Agreement (09/2021) 6.3.36 This Contract, 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 Contract.
35. Unauthorized Negotiating (09/2021) 6.3.37 In no event shall the Contractor enter into
negotiations concerning the premises with anyone other than the RECO or his/her designee.
36. Inspection of Leased Premises (09/2021) 6.3.38 To ensure a safe and healthy work environment for
government employees, agents, and assigns, and to ensure the Contractor’s performance under this
contract, the Government at all times and places during the term of the contract has the right to:
A. inspect the leased premises and all other areas of the building to which access is necessary,
B. test all performance requirements under the contract, and
C. perform any necessary sampling and evaluation to ensure contract compliance.
If inspection reveals a contractual non-conformance, then the Government may require the
Contractor to perform in accordance with the contract requirements at no increase in contract amount
or the Government, in its sole discretion, may perform the work itself in accordance with the
“Failure in Performance” clause of this Contract.
The presence or absence of a government inspection does not relieve the Contractor from any
contract requirement, nor is the inspector authorized to change any term or condition of the contract
without the RECO’s written authorization.
37. Contract Disputes (09/2021) 6.3.39
A. All contract disputes arising under or related to this 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 contractor may seek review
of a final FAA decision only after its administrative remedies have been exhausted.
B. The filing of a contract dispute with the ODRA may be accomplished by mail, overnight delivery,
hand delivery, or by facsimile, or if permitted by Order of the ODRA, by electronic filing. A
contract dispute is considered to be filed on the date it is received by the ODRA during normal
business hours. The ODRA's normal business hours are from 8:30 am to 5:00 pm Eastern Time.
11
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
C. Contract disputes are to be in writing and shall contain:
i. The contractor's name, address, telephone and fax numbers and the name, address, telephone and
fax numbers of the contractor's legal representative(s) (if any) for the contract dispute;
ii. The contract number and the name of the Contracting Officer;
iii. A detailed chronological statement of the facts and of the legal grounds for the contractor's
positions regarding each element or count of the contract dispute (i.e., broken down by individual
claim item), citing to relevant contract provisions and documents and attaching copies of those
provisions and documents;
iv. All information establishing that the contract dispute was timely filed;
v. A request for a specific remedy, and if a monetary remedy is requested, a sum certain must be
specified and pertinent cost information and documentation (e.g., invoices and terminated checks)
attached, broken down by individual claim item and summarized; and
vi. The signature of a duly authorized representative of the initiating party
D. Contract disputes shall be filed at the following address:
i. For filing by hand delivery, courier or other form of in-person delivery:
Office of Dispute Resolution for Acquisition
Federal Aviation Administration
600 Independence Avenue SW., Room 2W100
Washington, DC 20591; or
For filing by U.S. Mail:
Office of Dispute Resolution for Acquisition
Federal Aviation Administration
800 Independence Avenue SW
Washington, DC 20591
[Attention: AGC-70, Wilbur Wright Bldg. Room 2W100]; or
Telephone: (202) 267-3290
Facsimile: (202) 267-3720
Alternate Facsimile: (202) 267-1293; or
ii. Other address as specified in 14 CFR Part 17.
E. A contract dispute against the FAA shall be filed with the ODRA within two (2) years of the
accrual of the contract claim involved. A contract dispute by the FAA against a contractor
(excluding contract disputes alleging warranty issues, fraud or latent defects) likewise shall be filed
within two (2) years after the accrual of the contract claim. If an underlying contract entered into
prior to the effective date of this part provides for time limitations for filing of contract disputes with
the ODRA which differ from the aforesaid two (2) year period, the limitation periods in the contract
shall control over the limitation period of this section. In no event will either party be permitted to
file with the ODRA a contract dispute seeking an equitable adjustment or other damages after the
contractor has accepted final contract payment, with the exception of FAA claims related to
warranty issues, gross mistakes amounting to fraud or latent defects. FAA claims against the
contractor based on warranty issues must be filed within the time specified under applicable contract
warranty provisions. Any FAA claims against the contractor based on gross mistakes amounting to
fraud or latent defects shall be filed with the ODRA within two (2) years of the date on which the
12
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
FAA knew or should have known of the presence of the fraud or latent defect.
F. A party shall serve a copy of the contract dispute upon the other party, by means reasonably
calculated to be received on the same day as the filing is to be received by the ODRA.
G. After filing the contract dispute, the contractor should seek informal resolution with the
Contracting Officer.
H. The FAA requires continued performance with respect to contract disputes arising under this
contract, in accordance with the provisions of the contract, pending a final FAA decision.
I. The FAA will pay interest on the amount found due and unpaid from (1) the date the Contracting
Officer receives the contract dispute, or (2) the date payment otherwise would be due, if that date is
later, until the date of payment. Simple interest on contract disputes shall be paid at the rate fixed by
the Secretary of the Treasury that is applicable on the date the Contracting Officer receives the
contract dispute and then at the rate applicable for each 6-month period as fixed by the Treasury
Secretary until payment is made. Interest will not accrue for more than one year.
J. Additional information and guidance about the ODRA dispute resolution process for contract
disputes can be found on the ODRA website at http://www.faa.gov.
38. System for Award Management - Real Property (04/2022) 6.4.1-1
(a) Definitions. As used in this clause:
"Registered in the SAM database" means that the Contractor has entered all mandatory information,
including the Unique Entity Identifier (UEI) or the Electronic Funds Transfer indicator, into the
SAM database.
"System for Award Management (SAM) Database" means the primary Government repository for
Contractor information required for the conduct of business with the Government.
“Unique Entity Identifier (UEI)” (also known as the Unique Entity ID) means a number or other
identifier used to identify a specific commercial, nonprofit, or Government entity. See
www.sam.gov for the designated entity for establishing Unique Entity Identifiers.
“Electronic Funds Transfer indicator” means a 4-characher suffix to the Unique Entity Identifier.
This 4-character suffix may be assigned at the discretion of the business concern to establish
additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts for the
same parent concern.
“Contractor” is synonymous with “Offeror” “Lessor” or “Grantor” for real property leases,
easements, or other contracts.
(b)(1) By submission of an offer, the Contractor acknowledges the requirement that
a prospective awardee will be registered in the SAM database prior to award, during performance,
and through final payment of any contract.
(2) The Contractor must enter, in the space below, the contractor's UEI that identifies the
Contractor's name and address exactly as stated in the offer. The UEI will be used by the RECO to
verify that the Contractor is registered in the SAM database.
UEI: __________________________
(c) If the Contractor does not have a UEI, it should contact www.sam.gov directly to obtain one.
The Contractor should be prepared to provide the following information:
(1) Company* legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company Physical Street Address, City, State, and Zip Code.
13
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
(4) Company Mailing Address, City, State and Zip Code (if separate from physical).
(5) Company Telephone Number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company Headquarters name and address (reporting relationship within your entity).
* Individual (non-corporate) lessors/grantors of real property that are not normally in the business of
leasing real property should consider leasing to the Government as a separate business (usually a
sole proprietorship) then provide the pertinent ownership information as a sole proprietor when
providing this information to www.sam.gov.
(d) If the offeror does not become registered in the SAM database in the time prescribed by the
RECO, the RECO may proceed to award to the next otherwise successful registered offeror.
(e) Processing time should be taken into consideration when registering. Offerors who are not
registered should consider applying for registration immediately upon receipt of the solicitation.
(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM
database, and for any liability resulting from the Government's reliance on inaccurate or incomplete
data. To remain registered in the SAM database after initial registration, the Contractor is required to
review and update, on an annual basis from the date of initial registration or subsequent updates, its
information in the SAM database to ensure it is current, accurate and complete. Updating
information in the SAM does not alter the terms and conditions of this contract and is not a substitute
for a properly executed contractual document.
(g)(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, but has not completed the necessary requirements regarding novation and change-of-name
agreements in AMS Procurement Guidance, the Contractor must provide the responsible RECO a
minimum of one business day's written notification of its intention to:
(A) Change the name in the SAM database;
(B) Comply with the requirements of AMS regarding novation and change-of-name agreements; and
(C) Agree in writing to the timeline and procedures specified by the RECO. The Contractor must
provide the RECO notification and sufficient documentation to support the legally changed name
and then execute the appropriate supplemental agreement provided by the RECO to document the
name change.
(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/supplemental agreement, the SAM
information that shows the Contractor to be other than the Contractor indicated in the contract will
be considered to be incorrect information within the meaning of the "Suspension of Payment"
paragraph of the Payment by Electronic Funds Transfer- System for Award Management clause of
14
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
this contract.
(2) The Contractor must not change the name or address for EFT payments or manual payments, as
appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims.
Assignees must be separately registered in the SAM database. Information provided to the
Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate
recipient other than that Contractor will be considered to be incorrect information within the
meaning of the "Suspension of payment" paragraph of the Payment by Electronic Funds Transfer-
System for Award Management clause of this contract.
(h) Contractors may obtain information on registration and annual confirmation requirements via the
internet at http://www.sam.gov or by calling 866-606-8220.
PRESCRIPTION: Insert in all leases or easements or supplemental agreements to existing leases or
easements unless the FAA has granted a waiver from the use of SAM. Must be used in conjunction
with 6.4.2-1 Payment by Electronic Funds Transfer- System for Award Management. NOTE: If the
FAA has granted a waiver from the use of SAM, use clause 6.4.1 "System for Award Management
(SAM Waiver)" and REMOVE this clause.
39. Payment by Electronic Funds Transfer- System for Award Management (09/2021) 6.4.2-1
A. Method of payment.
i. Unless waived by the RECO, all payments by the Government under this contract will be made by
electronic funds transfer (EFT), except as provided in paragraph (A)(ii) of this clause. As used in this
clause, the term "EFT" refers to the funds transfer and may also include the payment information
transfer.
ii. In the event the Government is unable to release one or more payments by EFT, the Contractor
agrees to either:
a. Accept payment by check or some other mutually agreeable method of payment; or
b. Request the Government to extend the payment due date until such time as the Government can
make payment by EFT (but see paragraph (D) of this clause).
B. Contractor's EFT information. The Government will make payment to the Contractor using the
EFT information contained in the System for Award Management (SAM) database. In the event that
the EFT information changes, the Contractor must be responsible for providing the updated
information to the SAM database.
C. Mechanisms for EFT payment. The Government may make payment by EFT through either the
Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing
House Association, or the Fedwire Transfer System. The rules governing Federal payments through
the ACH are contained in 31 CFR Part 210.
D. Suspension of payment. If the Contractor's EFT information in the SAM database is incorrect,
then the Government need not make payment to the Contractor under this contract until correct EFT
information is entered into the SAM database; and any invoice or contract financing request will be
deemed not to be a proper invoice for the purpose of prompt payment under this contract. The
prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual
of interest penalties apply.
E. Liability for uncompleted or erroneous transfers.
i. If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT
information incorrectly, the Government remains responsible for
a. Making a correct payment;
15
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
b. Paying any prompt payment penalty due; and
c. Recovering any erroneously directed funds.
ii. If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was
incorrect, or was revised within 30 days of Government release of the EFT payment transaction
instruction to the Federal Reserve System, and
a. If the funds are no longer under the control of the payment office, the Government is deemed to
have made payment and the Contractor is responsible for recovery of any erroneously directed
funds; or
b. If the funds remain under the control of the payment office, the Government will not make
payment, and the provisions of paragraph (D) of this clause will apply.
F. EFT and prompt payment. A payment will be deemed to have been made in a timely manner in
accordance with the prompt payment terms of this contract if, in the EFT payment transaction
instruction released to the Federal Reserve System, the date specified for settlement of the payment
is on or before the prompt payment due date, provided the specified payment date is a valid date
under the rules of the Federal Reserve System.
G. EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided
for in the assignment of claims terms of this contract, the Contractor must require as a condition of
any such assignment, that the assignee must register separately in the SAM database and will be paid
by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this
contract, payment to an ultimate recipient other than the Contractor, or a financial institution
properly recognized under an assignment of claims, is not permitted. In all respects, the requirements
of this clause will apply to the assignee as if it were the Contractor. EFT information that shows the
ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper
assignment of claims acceptable to the Government, is incorrect EFT information within the
meaning of paragraph (d) of this clause.
H. Liability for change of EFT information by financial agent. The Government is not liable for
errors resulting from changes to EFT information made by the Contractor's financial agent.
I. Payment information. The payment or disbursing office will forward to the Contractor available
payment information that is suitable for transmission as of the date of release of the EFT instruction
to the Federal Reserve System. The Government may request the Contractor to designate a desired
format and method(s) for delivery of payment information from a list of formats and methods the
payment office is capable of executing. However, the Government does not guarantee that any
particular format or method of delivery is available at any particular payment office and retains the
latitude to use the format and delivery method most convenient to the Government. If the
Government makes payment by check in accordance with paragraph (A) of this clause, the
Government will mail the payment information to the remittance address contained in the SAM
database.
40. Tenant Improvements (09/2021) 6.5.1
A. TENANT IMPROVEMENTS
i. Tenant improvements are the components, finishes, and fixtures that typically take space from the
“shell” to a finished, useable condition.
ii. The building “shell” is the complete enveloping structure, the base building systems, and the
finished common areas of a building that adjoin the tenant areas. Unless an item is specifically
identified as a tenant improvement, it is considered a shell item.
iii. All tenant improvements must be approved by the RECO. Unauthorized work is performed at
16
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
the Lessor’s risk.
B. TENANT IMPROVEMENT ALLOWANCE.
i. The total tenant improvement allowance is $<insert dollar amount> which shall be paid entirely by
the Lessor, including any instance where the Government accepts fixtures and/or other tenant
improvements already in place.
ii. The tenant improvement allowance covers [RECO CHOOSE: all/a portion] of the cost of the
design and build-out of the Government’s demised area in accordance with the Government’s
approved Design Intent Drawings.
iii. All tenant improvements required by the Government for occupancy will be constructed and paid
for by the Lessor as a part of the rental consideration, and all improvements must meet the quality
standards and requirements of this Lease.
iv. At no additional cost to the Government, the Lessor agrees to pay and disburse all of the tenant
improvement payments, and to provide the Government with all of the costs associated with the
tenant improvements including, but not limited to, construction costs and costs related to preparation
of construction plans, construction management fees, city fees and permit costs or penalties,
certificate of occupancy and applicable taxes and engineering fees.
v. The Government, at its sole discretion, will make all decisions as to the usage of the tenant
improvement allowance. The Government may:
a. use all or part of the tenant improvement allowance; or
b. return to the Lessor any unused portion of the tenant improvement allowance in exchange for a
decrease in rent.
If the Government build-out costs are in excess of the tenant improvement allowance, the Lessor
may recover such costs by making a request for equitable adjustment as described elsewhere in this
contract.
vi. The tenant improvement allowance must include all of the Lessor’s administrative costs, general
contractor fees, subcontractor’s profit and overhead costs, Lessor’s profit and overhead, design costs,
and other associated project fees necessary to prepare construction documents and to complete the
tenant improvements. It is the Lessor’s responsibility to prepare all documentation (construction
drawings, etc.) required to receive construction permits. No costs associated with the building shell
shall be included in the tenant improvement price proposal.
C. DISCLOSURE OF TENANT IMPROVEMENT COSTS. The Lessor shall make a disclosure of
all tenant improvement costs to the Government after all tenant improvement costs have been
accounted for, such disclosure shall include a monthly payment schedule of said tenant improvement
costs and balance remaining each month in accordance with the schedule detailed in the
“Consideration” clause.
41. Work Performance (09/2021) 6.5.2 All work in performance of this Lease shall be done by skilled
workers or mechanics and shall be acceptable to the RECO. The RECO retains the right to reject the
Lessor’s workers 1) if such are either unlicensed, unskilled, or otherwise incompetent, or 2) if such
have demonstrated unacceptable performance in connection with work carried out in conjunction
with this Lease. In the event of such rejection, the Lessor shall offer substitute/replacement workers,
subject to the approval of the RECO.
42. Responsibility of the Lessor and Lessor's Architect/Engineer (09/2021) 6.5.3
A. The Lessor shall be responsible for the professional quality, technical accuracy, and the
coordination of all designs, drawings, specifications, and other services furnished by the Lessor
17
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
under this contract. The Lessor shall, without additional compensation, correct or revise any errors
or deficiencies in its designs, drawings, specifications or other services.
B. The Lessor remains solely responsible for designing, constructing, operating, and maintaining the
leased premises in full accordance with the requirements of the lease. The Government retains the
right to review and approve many aspects of the Lessor’s design, including without limitation,
review of the Lessor’s design and construction drawings, shop drawings, product data, finish
samples, and completed base building and tenant improvement construction. The Government shall
work closely with the Lessor, in an integrated manner, to identify potential design flaws, to minimize
costly misdirection of effort, and to assist the Lessor in its effort to monitor whether such design and
construction comply with applicable laws and satisfy all lease requirements.
C. Neither the Government’s review, approval or acceptance of, nor payment through rent of the
services required under this lease, shall be construed to operate as a waiver of any rights under this
Lease or of any cause of action arising out of the performance of this Lease, and the Lessor shall be
and remain liable to the Government in accordance with applicable law for all damages to the
Government caused by the Lessor’s negligent performance of any of the services required under this
Lease.
D. Design and construction and performance information is contained throughout several of the
solicitation documents which shall comprise a resulting lease. The Lessor shall provide to space
planners, architects, engineers, construction contractors, etc., all design and performance information
required whether it is found in the submitted solicitation, the lease, price lists, or Design Intent
Drawings. Reliance upon one of these documents to the exclusion of any other may result in an
incomplete understanding of the scope of the work to be performed and/or services to be provided.
.
43. Wiring for Telephones (09/2021) 6.5.17 The Government reserves the right to provide its own
telephone service in the space to be leased. It may have inside wiring and telephone equipment
installed by the local telephone company or a private contractor. Alternately, the Government may
consider using inside wiring installed by the Lessor, if available. However, the final decision will be
made by the Government.
44. Installation of Antennas, Cables & Other Appurtenances (09/2021) 6.5.18 The Government
shall have the right to install, operate and maintain antennas, wires and supporting structures,
including any linking wires, connecting cables and conduits atop and within buildings and structures,
or at other locations, as deemed necessary by the Government. The Government will coordinate with
the Lessor when installing antennas, cables, and other appurtenances.
45. Doors (09/2021) 6.6.1 Exterior doors must be weather tight, equipped with cylinder locks and door
checks, automatic door closures and open outward. The Lessor must furnish the Government at least
two master keys and two keys for each lock. Interior doors must be solid cored and at least 32 by 80
inches with a minimum opening of 32 inches and be of sturdy construction. Fire doors must conform
to NFPA Standard No. 80. As designated by the Government, doors must be equipped with non-
removable hinge pins, and locks with 7-pin removable cores. The Government shall provide cores.
Locks, locking arrangements and latches must be in accordance with local building and fire codes, as
well as OSHA 29 CFR 1910.
46. Lighting (09/2021) 6.6.2 Modern, diffused, energy efficient fixtures must be provided that maintain
a uniform lighting level of 50 foot candles at working surfaces. Emergency lighting must provide at
18
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
least 0.5 foot candles of illumination throughout the exit path, including exit access routes, exit
stairways, or other routes such as passageways to the outside of the building. Additionally, normal
and emergency egress lighting must comply with the requirements of local building and fire codes,
as well as, the Life Safety Code NFPA 101.
47. Adhesives and Sealants (09/2021) 6.6.3 The Lessor shall use adhesives and sealants that contain
no formaldehyde, asbestos, polychlorinated biphenyls (PCBs), or heavy metals.
48. Ceilings (09/2021) 6.6.4 Ceilings must have acoustical treatment with a flame spread of 25 or less
and smoke development rating of 50 or less.
49. Floor Load (09/2021) 6.6.5 All adjoining floor areas shall be:
A. Of a common level not varying more than 1/4 inch over a 10-foot, 0-inch horizontal run in
accordance with the American Concrete Institute standards,
B. Non-slip, and
C. Accepted by the RECO.
Under floor surfaces shall be smooth and level. Office areas shall have a minimum live load capacity
of 50 pounds per square foot plus 20 pounds per square foot for moveable partitions. Storage areas
shall have a minimum live load capacity of 100 pounds per square foot including moveable
partitions. A report showing the floor load capacity, at no cost to the Government, by a registered
professional engineer may be required by the RECO. Calculations and structural drawings may also
be required.
50. Painting (09/2021) 6.6.6 All surfaces must be newly painted with low-VOC, non-lead based paints
in colors acceptable to the Government. All surfaces must be repainted after working hours at
Lessor’s expense at least once every five (5) years. Such repainting includes the moving and
returning of the furniture, including dismantling, moving and re-assembling the Government’s
systems furniture, if directed by the Government, at the Lessor’s expense. Any existing lead based
paint must be properly maintained and managed per existing federal, state, and local regulatory
requirements. If there is chipping, flaking, or peeling paint in the leased premises during the period
of Government occupancy, it must be sampled for lead at the Lessor’s expense. If the paint contains
lead, it must be abated at the Lessor’s expense. This could be performed either by removal or sealing
with an encapsulating material.
51. Display Advertising (09/2021) 6.6.7 If the leased premises are solely for Government use, no
advertising matter shall be constructed on or over the premises, unless authorized by the RECO.
52. Erection of Signs (09/2021) 6.6.8 The Government shall have the right to erect on or attach to the
Lessor's premises such signs as may be required to clearly identify the Government's facility. Said
signs so erected will remain the property of the Government and shall be removed from the premises
upon termination of the lease.
53. Window and Floor Covering (09/2021) 6.6.9 (IN DISCUSSION)All exterior windows shall be
equipped with window covering. Floors will be carpeted with a commercial grade of carpet
acceptable (carpet tiles or carpet broadloom) to the Government. Existing floor and window
coverings may be accepted at the discretion of the RECO; however, prior to occupancy all carpeting
and window coverings shall be cleaned.
19
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
At no additional cost to the Government, the Lessor shall replace carpeting at least every <insert # of
years> years during Government occupancy or any time during the lease when:
A. Backing or underlayment is exposed,
B. There are noticeable variations in surface color or texture, and/or
C. The condition of the carpet is such that it presents a clear and present danger to pedestrians.
Replacement includes moving and return of furniture including dismantling, moving and re-
assembling the Government’s systems furniture if directed by the Government.
54. Seismic Safety for Existing Building (09/2021) 6.6.10 All existing buildings leased by the
Government under this contract must meet the minimum acceptable performance seismic standard of
‘Life Safety’ as specified in Section 2.2 of Standards of Seismic Safety for Existing Federally
Owned or Leased Buildings and Commentary issued by the Interagency Committee on Seismic
Safety in Construction as ICSSC Recommended Practice (RP-8), Seismic Standards for Existing
Federally Owned and Leased Buildings, Dec 2011. RP-8 is available online and in print from the
National Institute of Standards and Technology as NISTIR GCR 11-917-12.
Compliance with Life Safety: The Lessor shall provide proof of compliance in the form of a written
certification by an independent licensed structural engineer that the building was designed, built and
maintained to the requirements of RP-8. The structural engineer certification shall be in the format of
the Government-provided “Life Safety Compliance/Seismic Certification” form. If the building
cannot be certified in accordance with RP-8, the structural engineer must evaluate the building using
the American Society for Civil Engineers ASCE/SEI 41-13, Seismic Evaluation and Retrofit of
Existing Buildings and attach the evaluation to the “Life Safety Compliance/Seismic Certification”
form. Buildings meeting the requirements of ASCE/SEI 41-13 using a safety objective of ‘Life
Safety’ are considered to meet the Government’s requirement. Alternatively, if the building qualifies
as a Benchmark Building in accordance with RP-8 and as certified on the “Life Safety
Compliance/Seismic Certification” form, it will be deemed to meet minimum seismic requirements.
In the event a building with a certification of seismic compliance is occupied by the Government and
is later determined to not meet the standard indicated on the “Life Safety Compliance/Seismic
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, notwithstanding any other agreements contained in this Lease.
55.
56. Seismic Safety for Equipment (09/2021) 6.6.12 All Lessor-installed equipment, either Government
provided or Lessor provided, shall be installed in strict accordance with the latest available edition of
the International Building Code (IBC) at the time of execution of this contract and the DOT
Specification FAA-G-2100H to ensure proper anchoring to protect personnel during a seismic event.
57. Construction Waste Management (09/2021) 6.6.13
A. The Lessor shall reuse or recycle construction and demolition waste to the maximum extent
practicable and economically feasible. Items that shall be considered for recycling include: asphalt,
bricks, concrete and masonry, metals, wood, cardboard, carpet, gypsum drywall, and ceiling tiles.
B. If any waste materials encountered during the demolition or construction phase are found to
contain lead, asbestos, polychlorinated biphenyls (PCBs) (such as fluorescent lamp ballasts), or other
20
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
harmful substances, they shall be handled, removed, transported, and disposed of in accordance with
federal and state laws and requirements concerning hazardous waste.
C. The Lessor agrees, upon request, to provide the Government with additional information
concerning the execution of construction waste recycling activities.
58. Green Label Certification for Sustainability Verification (09/2021) 6.6.14 Following award of
this Lease, the Lessor shall submit the information set forth herein to the facility manager, to be
maintained on site, within the designated time frames.
A. Product Data Sheets for floor coverings, paints and wall coverings, ceiling materials, all
adhesives, wood products, suite and interior doors, subdividing partitions, wall base, door hardware
finishes, window coverings, millwork substrate and millwork finishes, lighting and lighting controls,
and insulation to be used within the leased space. This information must be submitted no later than
the date of submission of the final Design Intent Drawings for the leased space, as outlined in the
“Design Intent Drawings” clause of this Contract.
B. Any waiver required by the failure or inability of the Lessor to use materials from the CPG and
Recovered Materials Advisory Notice (RMAN) lists of acceptable products are due within 60
business days to the facility manager and copy to the RECO.
C. Radon test results as may be required in accordance with the “Radon Air Levels” clause.
D. Construction Waste Management Plan - Prior to issuance of the notice to proceed with
construction, a proposed plan to recycle construction waste that follows industry standards must be
submitted by the Lessor. The construction waste management plan shall at a minimum, include:
i. The Lessor's Waste Management Diversion goal;
ii. A statement of the relevant construction debris and materials to be diverted;
iii. Lessor's implementation protocols; and
iv. The names and contact information of the parties responsible for implementing the plan. The
Lessor must provide documentation of the actual percentage of material diverted from the applicable
landfill. If the quantity of material to be diverted is small, the waste disposal method is determined to
be extraordinarily complex, or the cost of such diversion and recycling efforts would be cost-
prohibitive and, consequently, would represent a genuine hardship, the Government, upon written
request of the Lessor and approval of the facility manager and copy to the RECO, may permit an
alternative means of disposal.
E. Building Recycling Service Plan - A building recycling service plan with floor plans annotating
recycling area(s) shall be submitted as part of the Design Intent Drawings to be reflected on the
Construction Drawing submission.
F. The Lessor shall provide to the RECO a signed statement explaining how all HVAC systems
serving the leased space shall achieve the desired ventilation of the space during the flush-out period.
G. Prior to the submission by the Lessor of the completed Design Intent Drawings, the Lessor shall
submit to the RECO a written commissioning plan that includes:
i. A schedule of systems commissioning dates (revised as needed during all construction phases of
the project, subject to the review and approval of the RECO in accordance with the “Changes”
clause of this Contract; and
ii. A description of how commissioning requirements shall be met and confirmed.
59. Services, Utilities, and Maintenance of Premises (09/2021) 6.7.1 The Lessor must maintain the
demised premises, including but not limited to, the building grounds, all equipment, fixtures and
appurtenances furnished by the Lessor under this Lease, in a good, clean and tenantable condition.
The Lessor shall maintain landscape plants, lawns, walkways, and parking areas. The Lessor shall
21
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
also remove snow, ice, and any other obstructions from the entrances, walkways, and parking areas
around the premises, prior to and during normal business hours set forth below.
The Lessor must provide the labor, materials, equipment and supervision necessary to ensure good
repair and tenantable condition.
Services, utilities, and maintenance will be provided daily, extending from <INSERT TIME> to
<INSERT TIME> except Saturday, Sunday and federal holidays.
Utility and maintenance services supplied to space that houses technical equipment will be supplied
twenty-four (24) hours per day, seven (7) days per week.
The Government will have unlimited access to the leased premises 24 hours per day, seven days per
week, including, as applicable, the use of electrical services, toilets, lights, elevators, and
Government office machines at no additional cost. Such access will allow the Government to
service Government-owned technical equipment, or to perform other mission-critical related duties,
as it determines necessary in its sole and absolute discretion.
In addition to such other services as are set forth elsewhere in this Contract, the Contractor must
provide the following:
A. Electricity,
B. Water (hot and cold) and sewer
C. Potable water (see “Drinking Water” clause)
60. HVAC (09/2021) 6.7.3 All heating, ventilation and air-conditioning systems that service the leased
space must maintain a temperature range of 68-72 degrees Fahrenheit year-round or as dictated in
the most recent version of ASHRAE Standard 62, “Ventilation for Acceptable Indoor Air Quality”
and ASHRAE Standard 55, “Thermal Environmental Conditions for Human Occupancy”. These
temperatures must be maintained during hours of operation (as dictated by the lease) throughout the
leased premises and service areas regardless of outside temperatures. An automatic control system
will be provided to ensure compliance with heating and air conditioning provisions included in this
contract.
In order to ensure that there is no degradation of air quality or air flow in the leased premises during
the term of the lease, Lessor agrees to perform preventative maintenance on all HVAC units in
accordance with the corresponding manufacturers operations and maintenance manuals (e.g. check
for defects, lubricate, make adjustments, change the filters, cleaned and make other necessary
service requirements). Lessor also agrees to service the VAV boxes annually (on or before each
lease anniversary date) and provide the service date to the RECO and FAA facility manager. Such
service will include checking the temperature ranges, checking all speeds on each fan, cleaning the
fans and other components, replacing defective parts and completing other necessary repairs and
maintenance.
61. Landscaping (09/2021) 6.7.4
22
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
A. Where conditions permit, the site shall be landscaped for low maintenance and water
conservation with plants that are either native or well-adapted to local growing conditions.
B. Landscape management practices shall prevent or minimize pollution and storm water runoff by:
i. Employing practices which avoid or minimize the need for fertilizers and pesticides;
ii. Prohibiting the use of the 2,4-Dichlorophenoxyacetic Acid (2,4-D) herbicide and
organophosphates; and
iii. Composting/recycling all yard waste.
C. The Lessor shall use landscaping products with recycled content required by Environmental
Protection Agency's (EPA's) Comprehensive Procurement Guidelines (CPG) for landscaping
products. Refer to EPA's CPG web site, https://www.epa.gov/smm/comprehensive-procurement-
guideline-cpg-program.
62. Pest Control (09/2021) 6.7.5 Pesticide application to exterminate and control pests within the leased
premises can be performed per periodic schedule for preventative maintenance and according to
need with 24-hour notification to the FAA facility management. Prior to any addition/change in type
of pesticides or other chemical pest control, Lessor must provide 48-hour written notice with
applicable Safety Data Sheet(s) (SDS) to be provided to the FAA facility management.
Herbicides/pesticides are not to be applied near the outside air intakes of the building when the
HVAC system is in operation, nor within the leased premises during normal working hours or when
the HVAC system is in operation.
63. Fire and Life Safety Requirements (09/2021) 6.8.3 The facility, its systems and appurtenances
must be in compliance with the following fire and life safety (FLS) requirements:
A. Construction features of the building must comply with state and local building codes in effect at
the time of construction or most recent alteration.
B. Maintenance and operations of the building must comply with the current edition of state and
local fire safety and fire prevention codes.
C. Construction features, maintenance and operations of the building must meet or exceed the
minimum level of fire and life safety specified by OSHA 29 CFR 1910.
Where compliance with the literal requirements of these standards has not been achieved, the Lessor
must document, in writing to the Government, the specific deviation(s) from these standards and the
equivalencies or alternative methods used by the Lessor as alternative methods of compliance. Each
approach used as an alternative method of compliance must be documented in accordance with the
Equivalency and Technical Documentation requirements of NFPA 101, signed by a Fire Protection
Engineer, licensed in the subject property’s state, and a copy must be provided to the RECO.
As provided in this section, all codes, standards, orders and directives refer to the current edition in
place at the signing of this contract. If construction or alterations to the premises are undertaken at
any time during the term of this contract, fire protection and life safety systems must be brought into
compliance where required by applicable codes and standards according to the then-current edition
of local codes and standards and all requirements of OSHA 29 CFR 1910. The party initiating the
construction or alterations is responsible for funding the upgrade of fire and life safety systems,
construction or alteration to the facility must never decrease the level of fire and life safety provided.
23
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
Regardless of local code requirements, when the premises (including garage areas under contract by
the Government) is on the 6th floor or above, or below grade, automatic sprinklers are required. All
Airport Traffic Control Towers must meet the requirements of OSHA’s Alternate Standard for Fire
Safety in Airport Traffic Control Towers and the NFPA 101. Furthermore, buildings serving
National Airspace System (NAS) air traffic control operations and constructed after June 2012, must
be fully protected with an automatic, electrically supervised sprinkler system designed and installed
in accordance with the requirements of NFPA 13.
When space is located in multi-tenant buildings, the Lessor is responsible for the following:
i. Development of a building Emergency Action Plan (EAP) and Fire Prevention Plan.
ii. Publishing and making copies of the EAP and Fire Prevention Plan, and making them available to
all FAA occupants.
iii. Conducting fire or other emergency evacuation drills, at least annually.
iv. Conducting review and modification of the EAP and Fire Prevention Plan at least annually.
v. Inviting FAA representation to develop, review and modify the EAP and Fire Prevention Plan.
64. Fall Protection (09/2021) 6.8.4 The Contractor must ensure proper fall protection safety systems are
in place for all work areas where Government personnel are required to perform work at four feet or
more above the next lowest level on fixed ladders and within access points to elevated work areas in
accordance with FAA Order 3900.19, FAA Occupational Safety and Health Policy, 29 CFR 1910,
Occupational Safety and Health Standards (General Industry), 29 CFR 1926 Subpart M, Safety and
Health Regulations for Construction, and applicable regulatory required American National Standard
Institute (ANSI) Standards. All such elevated work surfaces (platforms, catwalks, roofs, etc.) must
have OSHA compliant guardrails, railings, toe boards and/or parapets where applicable to meet
OSHA and ANSI requirements as referenced herein.
65. Environmental and Occupational Safety and Health (EOSH) Requirements (09/2021) 6.8.5 The
Contractor must provide space, services, equipment, and conditions that comply with the following
EOSH standards:
A. 29 CFR 1910, Occupational Safety and Health Administration (OSHA) Standards (General
Industry)
B. 29 CFR 1926, Safety and Health Standards (Construction)
C. National Fire Protection Association (NFPA) 101, Life Safety Code
D. FAA Order 3900.19, FAA Occupational and Health Policy
E. FAA Standard HF-STD-001, Human Factors Design Standard
F. National Fire Protection Association (NFPA) 70, National Electrical Code, and NFPA 70E,
Electrical Safety in the Workplace
G. Local and state EOSH regulations
H. Local and state fire codes and building codes.
Federal, state and local EOSH (OSHA and EPA) standards and building codes must be complied
with when accomplishing any cleaning, construction, renovation, remodeling, maintenance activities
or testing done in or on the leased premises and areas connected to or integrated with the premises.
Additionally, whenever FAA standards require work processes or precautions to be provided, the
24
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
Contractor will coordinate with the FAA before and during the work so that the proper requirements
are met.
Any equipment designed, installed, or used that presents a potential safety hazard shall be marked
with appropriate warning labels or placards, in accordance with 29 CFR 1910.145, Specifications for
Accident Prevention Signs and Tags, FAA HF-STD-001, Human Factors Design Standard, Chapter
12.16, Safety Labels and Placards, American National Standards Institute (ANSI) Standard Z535.4,
Product Safety Signs and Labels, and FAA-G-2100H, Electronic Equipment, General Requirements,
Section 3.3.5.4.
66. Recycling (09/2021) 6.8.6 Where state or local law, code, or ordinance requires recycling programs
(including those for mercury containing lamps) for the space, the Contractor shall comply with state
and/or local law, code, or ordinance. In all other cases, the Contractor must establish a recycling
program for paper, corrugated cardboard, glass, plastics, and metals to the extent practicable and
where local markets for those recovered materials exist. The Contractor agrees, upon request, to
provide the Government with additional information concerning recycling programs maintained in
the building and in the space after lease execution.
67. Indoor Air Quality (09/2021) 6.8.7 The Contractor must control contaminants at the source and/or
operate the space in such a manner that the indicator levels are not exceeded for carbon monoxide
(CO), carbon dioxide (CO2), and formaldehyde (CH2O). The indicator levels for office area are as
follows: CO less than 5 parts per million (PPM); CO2 - 700 PPM above outdoor air; CH2O - 0.027
PPM. All indoor air contaminant levels in the space must be kept below appropriate OSHA
regulations or OSHA required consensus standards. Air quality systems cleaning is required to
prevent the growth of mold, mildew and bacteria. Any visual evidence of these will require
immediate sampling and remediation. Moisture/standing water must be controlled to prevent the
growth of these.
During working hours, ventilation must be provided in accordance with the latest edition of
ANSI/American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE)
Standard 62, Ventilation for Acceptable Indoor Air Quality and ASHRAE Standard 55, Thermal
Environmental Conditions for Human Occupancy.
The Contractor must investigate indoor air quality (IAQ) complaints immediately and must
implement controls including alteration of building operating procedures (e.g., adjusting air intakes,
adjusting air distribution, cleaning and maintaining heating, ventilation and air conditioning (HVAC)
systems, etc.). The Government is responsible for addressing IAQ problems resulting from its own
activities.
The Contractor must provide SDS to FAA facility management for all chemicals and cleaning
solutions at least 72 hours prior to their use in the FAA spaces or other areas of the buildings that
might affect air quality in the FAA space(s). Materials should contain low or no Volatile Organic
Compounds (VOC) and additional ventilation may be required when using chemicals and cleaning
solutions.
68. Mold Growth Identification and Control (09/2021) 6.8.8 The contractor must prevent mold
growth and excessive levels of moisture and humidity. Adequate air quality, moisture control and
facility cleaning are required to prevent the growth of mold, mildew, and bacteria. Any visual
25
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
evidence of mold requires immediate sampling and remediation by the contractor.
Following a water-intrusion event, the contractor must identify the water source and immediately
implement water extraction and drying efforts. Once the water source is identified, the contractor
must take action to prevent additional water damage and ensure that permanent fixes are in place
prior to build-back and restoring building materials. Within 24-48 hours of water damage from clean
water sources (e.g., water supply lines, rainwater, and snowmelt from rooftops), all building
materials must be dried to a moisture level that will prevent mold growth.
All porous materials contaminated with sewage or other Category 2 (e.g., washing machine
overflows, toilet overflows, and non-feces waters) or Category 3 (sewage backups and overflows
from beyond toilet traps, feces, floodwaters, and groundwater intrusion) water sources must be
discarded. All non-porous material must be cleaned and disinfected.
Mold remediation and cleaning must be conducted using recognized industry methods and practices
(e.g. Institute of Inspection, Cleaning and Restoration Certification (IICRC) S500 Standard and
Reference Guide for Professional Water Damage Restoration, IICRC-S520 Standard and Reference
Guide for Professional Mold Remediation, 2008, and National Air Duct Cleaners Association
(NADCA): Assessment, Cleaning and Restoration of HVAC Systems, ACR 2006). State
requirements concerning mold remediation, contractors training and licensing must be followed.
The contractor must coordinate with the FAA facility management and RECO regarding all mold
remediation operations. The FAA must be afforded the opportunity to provide input in the mold
remediation process. Biocides must be used cautiously and in accordance with EPA requirements. A
Certified Industrial Hygienist (CIH) must pre-approve the use of EPA-approved biocides in air
conveyance systems.
69. Drinking Water (09/2021) 6.8.9 The contractor must provide drinking water in the space that meets
the standards prescribed in the Safe Drinking Water Act, 42 U.S.C. 300. Acceptable potable water
must meet EPA’s primary drinking water standards with contaminants being less than established
Maximum Contaminant Levels (MCLs) and action levels. In cases where state and/or local
authorities have their own standards, potable water must meet those or federal standards, whichever
is more stringent.
The contractor must test the sources of drinking water in the space (faucets, drinking water
fountains, ice machines, etc.) on a periodic basis, but no less than every three (3) years, to ensure
water quality (e.g., lead, copper, total coliforms). If the contractor performs plumbing and/or
renovation work in the space that impacts the drinking water (i.e., replacement of water lines), the
contractor must test the drinking water in the system affected by the plumbing and/or renovation
work. If at any time, the FAA or contractor’s drinking water test results are not acceptable under the
EPA’s primary drinking water, and/or state and local authorities’ standards as described above, the
Lessor must immediately correct the deficiencies. The contractor must notify the Government prior
to performing all tests and provide a copy of any test report to the RECO and facility management or
their designee.
70. Halon (09/2021) 6.8.10 Halon may not be used in any FAA space.
26
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
71. Radon Air Levels (09/2021) 6.8.11 Contractor must provide the FAA with a Radon Evaluation
Report for the facility when requested. Radon air levels in FAA premises must not exceed the level
of 4.0 picocuries per liter (pCi/L). If radon levels are found to be at or above 4.0 pCi/L, the
contractor must immediately notify the RECO and FAA facility management of its finding and its
plan of corrective action, including testing, to ensure radon air levels are maintained below 4.0 pCi/L
at all times. Radon testing shall be done by a radon professional certified according to state and local
requirements using US EPA approved testing methods.
72. Asbestos (09/2021) 6.8.12 The contractor must ensure that FAA personnel are protected from
asbestos hazards, in accordance with:
A. 29 CFR 1910.1001, Asbestos (General Industry)
B. 29 CFR 1926.1101, Asbestos (Construction)
C. 40 CFR 763, Subpart E, Asbestos Containing Materials in Schools, Asbestos Hazard Emergency
Response Act (AHERA)
D. 40 CFR 61, Subpart M, National Emissions Standards for Hazardous Air Pollutants (NESHAP)
E. State and local asbestos regulations
The contractor warrants that, notwithstanding inspection and acceptance by the Government or any
provision concerning the conclusiveness thereof, all space under this contract, including, but not
limited to; space above suspended ceilings in the leased space, air plenums elsewhere in the building
that service the leased space, engineering spaces in the same ventilation zone as the leased space,
public spaces in the same ventilation zone as the leased space, and public spaces and common use
spaces (e.g., lobbies, hallways) will, at the time of acceptance and during the term of this Lease,
including all extensions thereof, comply with asbestos regulatory requirements.
All facilities are required to have a current asbestos building survey or an asbestos free certification
(in accordance with federal, state or local regulations, and including sampling of all materials that
have the potential to contain asbestos) conducted by a qualified inspector, including a visual
examination and sampling of building materials. All asbestos identification survey reports must be
sent to the RECO and FAA facility management.
The RECO must notify the contractor in writing of any failure to comply with asbestos requirements,
within five (5) days after the discovery thereof. If Asbestos Containing Materials (ACMs) are found
to be in the leased space, either prior to acceptance or during the course of the lease agreement, the
Government reserves the right to require the contractor, at no cost to the Government, to take
corrective action as required by OSHA, EPA, state and local requirements. In accordance with these
regulations, the contractor must post asbestos warning labels and signs in accordance with OSHA
regulations.
In addition, all construction by the contractor is required to comply with OSHA, EPA, state and local
requirements for asbestos. Prior to the start of any construction, renovation or maintenance activities
that impact the building, the contractor must determine whether ACM will or could be released as
part of the work. If ACM will or could be released, the contractor must notify the FAA and take
corrective actions to prevent FAA employees from exposure to asbestos fibers. Corrective actions
must be coordinated with the FAA at least 30 days prior to the start of any construction, renovation
or maintenance activities that impact the building.
27
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
After ACM remediation is performed, the contractor must adhere to regulatory required post-
asbestos abatement air monitoring requirements. As a part of this process, the contractor must
provide the RECO and the FAA facility manager with an asbestos re-inspection report indicating the
location and condition of all remaining ACM in the FAA leased areas and common areas of the
facility. If the contractor supplies the janitorial or maintenance contracts, those employees must also
be informed of the presence and location of asbestos at the facility.
“Corrective Action“, as used in this clause, means the removal, encapsulation or enclosure of ACM.
All corrective actions must be conducted by licensed asbestos abatement contractors in accordance
with OSHA, EPA, state, local and FAA requirements.
73. Warranty of Space (09/2021) 6.8.13 The contractor warrants that all space leased to the
Government under this contract complies with federal, state, and local regulations. The space is not
limited to that set forth in this contract, but also includes space above suspended ceilings in the
leased space, air plenums elsewhere in the building that service the leased space, engineering spaces
in the same ventilation zone as the leased space, public spaces in the same ventilation zone as the
leased space, and public spaces and common use spaces (e.g., lobbies, hallways).
74. Electrical Safety (09/2021) 6.8.14 The contractor must ensure electrical safety requirements are
met, including grounding, bonding, shielding, control of electrostatic discharge (ESD), and lightning
protection requirements, in accordance with:
A. 29 CFR 1910, Subpart S, Electrical
B. FAA Standard HF-STD-001, Human Factors Design Standard, Chapter 12.4, Electrical Hazards
C. DOT Specification FAA-G-2100H, Electronic Equipment, General Requirements
D. National Fire Protection Association (NFPA) 70, National Electrical Code
E. NFPA 70E, Electrical Safety in the Workplace
F. American National Standards Institute/Institute of Electrical and Electronics Engineers
(ANSI/IEEE) Standard 1100-2005, Recommended Practice for Powering and Grounding Electrical
Equipment
G. DOT Standard FAA-STD-019F, Lightning and Surge Protection, Grounding, Bonding and
Shielding Requirements for Facilities and Equipment
The contractor must ensure that electrical equipment and infrastructure meets minimum clear
working space requirements in accordance with 29 CFR 1910.303 and NFPA 70 Article 110.26, and
is maintained and documented in accordance with NFPA 70E. Any change in the electrical
equipment requires review of the current arc flash warning labels to determine if the arc flash
warning labels posted meet the current safety requirements.
75. Facility Security (09/2021) 6.9.1 Security requirements for Government occupied space must meet
minimum-security accreditation standards for the type of facility covered by this Lease. The FAA
Facility Security Management Program defines facility security accreditation standard levels. The
security requirements identified below are tailored specifically for the type of facility covered by this
Lease. The Lessor shall provide or make accommodation to provide for all the security requirements
listed herein for the leased premises covered by this Lease agreement:
28
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
None
The local Servicing Security Element (SSE) will determine any additional security upgrades that are
required to meet accreditation and shall conduct a final security assessment of the building. If that
assessment indicates that additional upgrades are required to the Premises, those upgrades shall be
contracted and paid for under separate contract at the Government’s expense and subject to the
availability of funds. The Lessor shall provide maintenance services to the security upgrades
installed by the Lessor within the leased premises and covered under this Lease.
76. Foreign Nationals as Contractor Employees (04/2022) 6.9.2
a) Definition. “Foreign National” is any citizen or national of a country other than the United States
who has not immigrated to the United States and is not a Legal Permanent Resident (LPR) of the
United States.
b) Each contractor or subcontractor employee under this contract, having access to FAA facilities,
sensitive information, or resources must be a citizen of the United States, or a foreign national who
has been lawfully admitted for permanent residence as evidenced by a Permanent Resident CardI-
551, or who presents other evidence from the U.S. Citizenship and Immigration Service that
employment must not affect his/her immigration status.
c) Foreign Nationals proposed under this contract must meet the following conditions in accordance
with FAA Order 1600.1F, chapter 8, paragraph 10:
(1) Must have resided within the United States for a minimum of the last three (3) years unless a
waiver of this requirement is requested and approved in accordance with the requirements stated in
FAA Order 1600.1F, chapter 8, paragraph 10;
(2) A risk or sensitivity level designation can be made for the position; and
(3) The appropriate security-related background investigation can be adequately conducted, as
determined by the Office of Security and Hazardous Materials (ASH) Office of Personnel Security
(AXP).
d) Foreign Nationals proposed under this contract must meet the following additional conditions:
(1) Provide a current unexpired passport and their place of birth in order to begin the background
investigation process in accordance with FAA Order 1600.1F, Personnel Security Program; and,
(2) Successfully pass an export control review as outlined in FAA Order 1240.13 FAA Export
Control Compliance.
e) Interim suitability requirements may not be applied unless the position is low/moderate in risk,
and/or temporary, and/or is not in a critical area position.
77. Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services
or Equipment (04/2022) 6.9.5
(a) Definitions. As used in this clause--
Backhaul means intermediate links between the core network, or backbone network, and the small
subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone
network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable,
Ethernet).
Covered foreign country means The People's Republic of China.
29
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
Covered telecommunications equipment or services means—
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance
of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such
equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an
entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the
Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or
controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means—
(1) Defense articles or defense services included on the United States Munitions List set forth in the
International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of
Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the
Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal
Regulations, and controlled—
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and
biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening.
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software,
and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to
foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal
Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of
title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export
Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or
more networks to allow the use of another's network to hand off traffic where it is ultimately
delivered (e.g., connection of a customer of telephone provider A to a customer of telephone
company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession
about the identity of the producer or provider of covered telecommunications equipment or services
used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited
network when unable to connect to the facilities of the home network either because signal coverage
is too weak or because traffic is too high.
30
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
Substantial or essential component means any component necessary for the proper function or
performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13,
2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any
equipment, system, or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system. The
Contractor is prohibited from providing to the Government any equipment, system, or service that
uses covered telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology as part of any system, unless an exception at paragraph (c) of
this clause applies or the covered telecommunication equipment or services are covered by a waiver
described in AMS T3.6.4 A.17.e.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020 from
entering into a contract, or extending or renewing a contract, with an entity that uses any equipment,
system, or service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system, unless an
exception at paragraph (c) of this clause applies or the covered telecommunication equipment or
services are covered by a waiver described in AMS T3.6.4A.17.e. This prohibition applies to an
entity that uses covered telecommunications equipment or services, including use not in support of
the Government.
(c) Exceptions. This clause does not prohibit contractors from providing—
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or
interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility
into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as
a substantial or essential component of any system, or as critical technology as part of any system,
during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by
any other source, the Contractor must report the information in paragraph (d)(2) of this clause to the
Contracting Officer, unless elsewhere in this contract are established procedures for reporting the
information. For indefinite delivery contracts, the Contractor must report to the Contracting Officer
for the indefinite delivery contract and the Contracting Officer(s) for any affected order.
(2) The Contractor must report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number;
the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);
31
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
supplier Commercial and Government Entity (CAGE) code (if known); brand; model number
(original equipment manufacturer number, manufacturer part number, or wholesaler number); item
description; and any readily available information about mitigation actions undertaken or
recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any
further available information about mitigation actions undertaken or recommended. In addition, the
Contractor must describe the efforts it undertook to prevent use or submission of covered
telecommunications equipment or services, and any additional efforts that will be incorporated to
prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor must insert the substance of this clause, including this paragraph
(e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition
of commercial items.
78. Covered Telecommunications Equipment or Services- Representations (09/2021) 6.9.5-1
a) Definitions. As used in this provision, “covered telecommunications equipment or services” has
the meaning per the "Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment” clause in this contract.
(b) Procedures. The offeror must review the list of excluded parties in the System for Award
Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for
covered telecommunications equipment or services.
(c) Representations.
1. The offeror represents that it _________ does, _________ does not provide covered
telecommunications equipment or services as part of its offered products or services to the
Government in the performance of any contract, subcontract, or other contractual instrument.
2. After conducting a reasonable inquiry for purposes of this representation, the offeror represents
that it _____________ does, ______________ does not use covered telecommunications equipment
or services, or any equipment, system, or service that uses telecommunications equipment or
services.
79. Representation Regarding Certain Telecommunications and Video Surveillance Services or
Equipment (09/2021) 6.9.5-2
NOTE: The offeror must not complete the representation at paragraph (d)(1) in this provision if the
offeror has represented that it does not provide covered telecommunications equipment or services
as part of its offered products or services to the Government in the performance of any contract,
subcontract, or other contractual instrument in the provision "Covered Telecommunications
Equipment or Services – Representation" (c)(1). Additionally, The offeror must not complete the
representation at paragraph (d)(2) in this provision if the offeror has represented that it does not use
covered telecommunications equipment or services, or any equipment, system, or service that uses
telecommunications equipment or services in the provision "Covered Telecommunications
Equipment or Services – Representation" (c)(2).
PROVISION/CLAUSE:
(a) Definitions. As used in this provision--
Backhaul, covered telecommunications equipment or services, critical technology, interconnection
arrangements, reasonable inquiry, roaming, and substantial or essential component have the
32
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
meanings provided in the clause AMS clause 6.9.5, Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibitions.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from
procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment,
system, or service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system.
Nothing in this prohibition will be construed to—
(i) Prohibit the head of the agency from procuring with an entity to provide a service that connects to
the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot
permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020 from
entering into a contract or renewing a contract with an entity that uses any equipment, system, or
service that uses covered telecommunications equipment or services as a substantial or essential part
of any system or as critical technology as part of any system. This prohibition applies to any entity
that uses covered telecommunications equipment or services, including uses not in support of the
Government.
Nothing in this prohibition will be construed to-
(i) Prohibit the head of the agency from procuring with an entity to provide a service that connects to
the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot
permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures: The offeror must review the list of excluded parties in the System for Award
Management (SAM) (https://www.sam.gov) for entities excluded from Federal awards for covered
telecommunications equipment or services.
(d) Representations.
(1) The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment
or services to the Government in the performance of any contract, subcontract or other contractual
instrument resulting from this solicitation.
(2) After conducting a reasonable inquiry for purposes of this representation, the Offeror represents
that it does [ ] does not [ ] USE covered telecommunications equipment or services, or use any
equipment, system, or service that uses covered telecommunications equipment or services. The
Offeror must provide the additional disclosure information required at paragraph (e) if the Offeror
indicates “does”.
33
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
(e) Disclosures. Disclosure for the representation in paragraph (d) (1) of this provision-
If the Offeror has responded “will” in the representation in paragraph (d) (1) of this provision, the
Offeror must provide the following information as part of the offer—
(1) For covered equipment
(i) The entity that produced the covered telecommunications equipment (include entity name, unique
entity identifier, CAGE code, and whether the entity was the original equipment manufacturer
(OEM) or a distributor, if known;
(ii) A description of all covered telecommunications equipment offered (include brand; model
number, such as OEM number, manufacturer part number, or wholesaler number; and item
description, as applicable); and
(iii) Explanation of the proposed use of covered telecommunications equipment and any factors
relevant to determining if such use would be permissible under the prohibition in paragraph (b) (1)
of this provision;
(2) For covered services-
(i) If the service is related to item maintenance, a description of all covered telecommunications
services offered (include on the item being maintained: brand, model number, such as OEM number,
manufacturer part number, or wholesaler number; and item description, as applicable; or
(ii) If not associated with maintenance, the Product Service Code (PSC) of the service being
provided; and explanation of the proposed uses of covered telecommunications services and any
factors relevant to determining if such use would be permissible under the prohibition in paragraph
(b)(1) of this provision.
Disclosure for representation in paragraph (d) (2) of this provision. If the Offeror has responded
“does” to paragraph (d)(2) of this provision, the offeror must provide the following information as
part of the offer—
(3) For covered equipment
(i)The entity that produced the covered telecommunications equipment (include entity name, unique
entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known;
(ii) A description of all covered telecommunications equipment offered (include brand; model
number, such as original equipment manufacturer (OEM) number, manufacturer part number, or
wholesaler number; and item description, as applicable); and
(iii) Explanation of the proposed use of covered telecommunications equipment and services and any
factors relevant to determining if such use would be permissible under the prohibition in paragraph
(b) (2) of this provision.
(4) For covered services-
(i) If the service is related to item maintenance, a description of all covered telecommunications
services offered (include on the item being maintained: brand, model number, such as OEM number,
manufacturer part number, or wholesaler number; and item description, as applicable); or
(ii) If not associated with maintenance, the Product Service Code (PSC) of the service being
provided; and explanation of the proposed uses of covered telecommunications services and any
factors relevant to determining if such use would be permissible under the prohibition in paragraph
(b)(2) of this provision.
80. Notices (09/2021) 6.10.1 All notices/correspondence must be in writing, reference the Contract
number, and be addressed as follows:
34
Federal Aviation Administration
Standard Space Lease, 04/2022
OMB CONTROL NO. 2120-0595
TO THE CONTRACTOR:
<Insert Contractor’s Name>
<Insert correspondence address>
<Insert City, State, Zip code>
TO THE GOVERNMENT:
<Real Estate Contracting Division>, <routing symbol>
<insert address>
<Insert City, State, Zip code>
81. Signature Block (09/2021) 6.10.3
This Contract shall become binding when it is fully executed by both parties. In witness whereof,
the parties hereto have subscribed their names as of the date shown below.
<ENTER CONTRACTOR’S LEGAL NAME>
By: _________________________
Print Name: _________________________
Title: ____________________
Date: _________________________
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
By: _________________________
Print Name: _________________________
Title: Real Estate Contracting Officer
Date: _________________________
ATTACHMENTS/EXHIBITS:
Number Title Date Number
of Pages
1
2
3
4
5