HomeMy WebLinkAbout4706 Docusign Envelope ID:295094E7-FFD4-4F65-A0AO-D8CB3ACEB375
1. CONTRACT ID CODE PAGE OF PAGES
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT N4425515RP00006 1 I 1
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ.NO. 5. PROJECT NO.(If applicable)
One (1) 02-Jul-2024
6. ISSUED BY CODE RE 7. ADMINISTERED BY(If other than Item 6) CODE
Commanding Officer
Naval Facilities Engineering Systems Command Northwest
1101 Tautog Circle
Silverdale WA 98315-1101
8. NAME AND ADDRESS OF CONTRACTOR(No.,street,county,State and Zip Code) (X) 9A. AMENDMENT OF SOLICITATION NO.
City of Bremerton
345 6th Street, Suite 600 9B. DATED(SEE ITEM 11)
Bremerton, WA 98337-1873
10A. MODIFICATION OF CONTRACT/ORDER NO.
N4425515RP00006
X 10B. DATED(SEE ITEM 11)
CODE FACILITY CODE 1 O-Jan-2014
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended,by one of the following methods:
(a)By completing items 8 and 15,and returning copies of the amendment;(b)By acknowledging receipt of this amendment on each copy of the offer submitted;or(c)By
separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE
PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this
amendment your desire to change an offer already submitted,such change may be made by telegram or letter,provided each telegram or letter makes reference to the solicitation
and this amendment,and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA(If required)
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO.AS DESCRIBED IN ITEM 14.
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority)THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER
NO.IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES(such as changes in paying office,
appropriation date,etc.)SET FORTH IN ITEM 14,PURSUANT TO THE AUTHORITY OF FAR 103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER(Specify type of modification and authority)
E. IMPORTANT: Contractor is not, 1 is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION(Organized by UCF section headings,including solicitation/contract subject matter where feasible)
Navy Lease N4425515RP00006 is scheduled to expire 9/30/24. This modification serves to extended for one
additional year which updated the current term expiration to 9/30/25.
Except as provided herein,all terms and conditions of the document referenced in Item 9A or 10A,as heretofore changed,remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER(Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER(Type or print)rJ
Signed by:
REAL ESTATE CONTRACTING OFFICER
B*F4&&9&E:-&E:+4+13..
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C.DATE SIGNED
Digitally signed by
of The SKIFF.KELLY.ESKIFF.KELLY.E.12831655
Greg wheeler, mayor y 7/30/2024 38
City of Bremerton .1283165538 Date:2024.08.02
(Signature of person authorized to sign) (Sionatut 1 faCar7tO bting Officer)
NSN 7540-01-152-8070 STANDARD FORM 30(Rev.10-83)
Previous edition unusable Prescribed by GSA FAR(48 CFR)53.243
Contract Number: 4706
Vendor: UNITED STATES OF AMERICA
Subject: Lease - Building 50 - Naval Museum N44255-10-RP00030
Department: City Clerk
File Class: LEG 12-1
Begin Date: 10/11/2010
End Date: 9/30/2024
Review Date: 1/1/2024
Vault Date:
Comments: Government renewal option w/30 day written notice
Extended 11/08 - 11/09 New Lease Issued 10/11/2010;
Renewed lease on 10/1/14
�n�� ���
��
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Lease Agreement with United Study Session Date: December 10, 2014
States of America regarding Historic COUNCIL MEETING Date: December 17, 2014
Buiidin 50 Pu et Sound Na Museum '
g � g �Y ) Department: City Attorney's Office
Presenter: Amanda Harvey
Phone: 473-2345
SUMMARY: The proposed lease extends the current lease with the United States of America for the
Historic Building 50 (Puget Sound Navy Museum).
ATTACHMENTS: Proposed lease.
FISCAL IMPACTS (Include Budgeted Amount): No budget impact.
STUDY SESSION AGENDA: O No Presentation � Full Presentation
STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve Lease for Real Property with United States of America regarding Historic Building
50 and authorize the Mayor to finalize and execute the agreement with substantially the same terms
and conditions as presented.
COUNCIL ACTION: [�Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/25/13
i':\
� �,�**+.;;,� '� DEPARTIVIENT OF THE NAVY
f*���"�'.!.`��.• '�
•� ' NAVAL FACILITIES ENGINEERING COMMAND NORTHWEST
' '.0 ���, �' 1 101 TAUTOG CIRCLE
I `.���,'�,� SILVERDALE,WA 983 7 5-1 1 01
\ ��`}:. �
���:t�: ,
��; ..... .._ ,
o__-'� 11011
Ser AM.WP/1061
`�-�;; 3 0 ?Of�
The Honorable Patty Lent
City of Bremerton �CJyO�'S O4fICe
345 6t'' Street, suite 60o J,�N :' [Ui�
Bremerton, WA 98337-1873
City of Brem�rton
Dear Mayor Lent :
Enclosed is a fully executed duplicate original of Navy
Lease N44255-15-RP-00006 authorizing use of Building 50 .
If you have questions, please contact Realty Specialist
Wanda Pedraza at (360) 396-2339 .
Sincerely,
, � �C�.�
MICHAEL D. BRADY Q
Real Estate Contracting Officer
Enclosure
����!f�hT� O�IGINAL
STANDARD FORM 2
FEBRUARY 1965 EDITION U.S.GOVERNMENT
ADMINISTRATION ES LEASE FOR REAL PROPERTY
FPR(41 CFR)1-16.601
DATE OF LEASE LEASE NO.
10/01/2014 N44255-15-RP-00006
THIS LEASE, made and entered into this date by and between City of Bremerton whose address is 345 6th,Suite 600, Bremerton,
WA 98337,and who's interest in the property hereinafter described as that of Owner, hereinafter called the Lessor and the UNITED
STATES OF AMERICA, hereinafter called the Government.
WITNESSETH:The parties hereto for the considerations hereinafter mentioned,covenent and agree as follows:
1. The Lessor hereby leases to the Government the following described premises:
The basement,first, second and third floors of Historic Building 50(Puget Sound Navy Museum)located at Bremerton
Waterfront Park plus joint use of the addition entry,staircase,elevator,foyer,loading dock,and ingress and egress access
points as existed on October 11,2007.
To be used for government purposes.
2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on 10/01/2014
through 9/30/2024,subject to termination and renewal rights as may be hereinafter set forth.
3. The Government shall pay the Lessor annual rent of$ 1.00 at the rate of$ 1.00 per vear in arrears, receipt of which is hereby
acknowledged.
4. The Government may terminate this lease at any time by giving at least 60 days'notice,in writing,to the Lessor and no
rental shall accrue after the effective date of the termination. Said notice shall be computed commencing with the day after the date
of mailing.
5. Janitorial services of the leased premises,as designated by Exhibit"A", shall be the responsibility of the lessee.
ACCOUNTING CL:1SSIFICATIOIV TO BE CHARGED(DISBURSEMEN
A B APPROPRIA- C.SIJB- D.OBJ. E.BU- F. G. H. 1. J K.
ACRV 1'10� HEAD CLASS CONTROL SA AAA TT PAA COSi'CODE AMOUNT
7. The Lessor shall furnish to the Government,as part of the rental condition,the following:
a. Water and electrical service
b. Building systems and exterior maintenance
c. Grounds maintenance
d. Normal HVAC for public spaces
e. Provide museum personnel with keys for unlimited access to museum spaces.
f. Provide normal operational access to elevators,service areas,loading docks,and entry ways pertaining to the premises.
8. The following are attached and made a part hereof:
GSA Form 3517A General Clauses, Exhibit A—Floor Plans, Exhibit B—Special Clause
9. The following changes were made to this lease prior to its execution: None
10. Using Activity: Paying Office:
Puget Sound Naval Museum NA
251 1 S'Street
Bremerton,WA 98337
IN WITNESS WHEREOF,the parties hereto have hereunto subscribed their names as of the date first above written.
LESSOR
BY �
Patty Lent, Mayor (Signature)
IN PRESENCE OF:
� �ne n�l�r' �v n F IA 1,�
(Signature) (Address)
UNITED STATES OF AMERICA
BY �,/C� % \ `
(Signature) (Official tit
GENERAL CLAUSES
(Simplified Leases)
(Acquisition of Leasehold Interests in Real Property for Leases Up to$100,000 Net Annual Rent)
FULL TEXT OF CLAUSES
1. The Government reserves the right, at any time after the lease is signed and during the term of the
lease, to inspect the leased premises and all other areas of the building to which access is
necessary to ensure a safe and health work environment for the Government tenants and the
Lessor's performance under this lease.
2. If the building is partially or totally destroyed or damaged by fire or other casualty so that the leased
space is untenantable as determined by the Government, the Government may terminate the lease
upon 15 calendar days written notice to the Lessor and no further rental will be due.
3. The Lessor shall maintain the demised premises, including the building, building systems, and all
equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair
and tenantable condition. Upon request of the Contracting Officer, the Lessor shall provide written
documentation that building systems have been maintained, tested, and are operational.
4. In the event the Lessor fails to perform any service, to provide any item, or meet any requirement
of this lease, the Government may perform the service, provide the item, or meet the requirement,
either directly or through a contract. The Government may deduct any costs incurred for the
service or item, including administrative costs, from rental payments.
5. 552.203-5 COVENANT AGAINST CONTINGENT FEES (FEB 1990)
(Applicable to leases over$100,000.)
(a) The Contractor warrants that no person or agency has been employed or retained to solicit
or obtain this contract upon an agreement or understanding for a contingent fee, except a
bona fide employee or agency. For breach or violation of this warranty, the Government
shall have the right to annul this contract without liability or, in its discretion, to deduct from
the contract price or consideration, or otherwise recover the full amount of the contingent
fee.
(b) "Bona fide agency," as used in this clause, means an established commercial or selling
agency (including licensed real estate agents or brokers), maintained by a Contractor for the
purpose of securing business, that neither exerts nor proposes to exert improper influence to
solicit or obtain Government contracts nor holds itself out as being able to obtain any
Government contract or contracts through improper influence.
"Bona fide employee," as used in this clause, means a person, employed by a Contractor
and subject to the Contractor's supervision and control as to time, place, and manner of
performance, who neither exerts nor proposes to exert improper influence to solicit or obtain
Government contracts nor holds out as being able to obtain any Government contract or
contracts through improper influence.
"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or
other fee that is contingent upon the success that a person or concern has in securing a
Government contract.
"Improper influence," as used in this clause, means any influence that induces or tends to
induce a Government employee or officer to give consideration or to act regarding a
Government contract on any basis other than the merits of the matter.
INITIALS: &
SOR GOVERN ENT GSA FORM 3517C PAGE 1 (REV 11/05)
6. 552.203-70 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY(SEP 1999)
(Applicable to leases over$100,000.)
(a) If the head of the contracting activity (HCA) or his or her designee determines that there was
a violation of subsection 27(a) of the Office of Federal Procurement Policy Act, as amended
(41 U.S.C. 423), as implemented in the Federal Acquisition Regulation, the Government, at
its election, may—
(1) Reduce the monthly rental under this lease by 5 percent of the amount of the rental for
each month of the remaining term of the lease, including any option periods, and
recover 5 percent of the rental already paid;
(2) Reduce payments for alterations not included in monthly rental payments by 5 percent
of the amount of the alterations agreement; or
(3) Reduce the payments for violations by a Lessor's subcontractor by an amount not to
exceed the amount of profit or fee reflected in the subcontract at the time the
subcontract was placed.
(b) Prior to making a determination as set forth above, the HCA or designee shall provide to the
Lessor a written notice of the action being considered and the basis therefor. The Lessor
shall have a period determined by the agency head or designee, but not less than
30 calendar days after receipt of such notice, to submit in person, in writing, or through a
representative, information and argument in opposition to the proposed reduction. The
agency head or designee may, upon good cause shown, determine to deduct less than the
above amounts from payments.
(c) The rights and remedies of the Government specified herein are not exclusive, and are in
addition to any other rights and remedies provided by law or under this lease.
7. 52.204-7 CENTRAL CONTRACTOR REGISTRATION (OCT 2003)(VARIATION)
(a) Definitions.As used in this clause—
"Central Contractor Registration (CCR) database" means the primary Government
repository for Contractor information required for the conduct of business with the
Government.
"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by
Dun and Bradstreet, Inc. (D&B)to identify unique business entities.
"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number
assigned by D&B plus a 4-character suffix that may be assigned by a business concern.
(D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned
at the discretion of the business concern to establish additional CCR records for identifying
alternative Electronic Funds Transfer(EFT) accounts for the same parent concern.
"Offeror" means the owner of the property offered, not an individual or agent representing
the owner.
"Registered in the CCR database" means that—
(1) The Contractor has entered a!I mandatory information, including the DUNS number or
the DUNS+4 number, into the CCR database; and
(2) The Government has validated all mandatory data fields and has marked the record
"Active."
(b) (1) By submission of an offer, the Offeror acknowledges the requirement that a prospective
awardee must be registered with D&B and in the CCR database prior to award, during
performance,and through final payment of any contract resulting from this solicitation.
(2) The Offeror shall enter in the appropriate block, on the GSA Form 3518, entitled
Representations and Certifications, the legal entity's name and address, followed by the
DUNS or DUNS +4 number that identifies the Offeror's name and address exactly as
INITIALS: &
L SOR GOVER MENT GSA FORM 3517C PAGE 2(REV 11/05)
stated in the offer. The DUNS number will be used by the Contracting Officer to verify
that the Offeror is registered in the CCR database.
(c) If the Offeror does not have a DUNS number, it should contact Dun and Bradstreet directly
to obtain one.
(1) An Offeror may obtain a DUNS number—
(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-
5711 or via the Internet at http://www.dnb.com; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet
office.
(2) The Offeror should be prepared to provide the following information:
(i) Company legal business.
(ii) Tradestyle, doing business, or other name by which your entity is commonly
recognized.
(iii) Company Physical Street Address, City, State, and ZIP Code.
(iv) Company Mailing Address, City, State and ZIP Code(if separate from physical).
(v) Company Telephone Number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive ofFcer/key manager.
(ix) Line of business(industry).
(x) Company Headquarters name and address (reporting relationship within your
entity).
(d) If the Offeror does not become registered in the CCR database in the time prescribed by the
Contracting Officer, the Contracting Officer will proceed to award to the next otherwise
successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when
registering. Offerors who are not registered should consider applying for registration
immediately upon receipt of this solicitation.
(fl The Contractor is responsible for the accuracy and completeness of the data within the CCR
database, and for any liability resulting from the GovernmenYs reliance on inaccurate or
incomplete data. To remain registered in the CCR database after the initial registration, the
Contractor is required to review and update on an annual basis from the date of initial
registration or subsequent updates its information in the CCR database to ensure it is
current, accurate and complete. Updating information in the CCR does not alter the terms
and conditions of this contract and is not a substitute for a properly executed contractual
document.
(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, the Contractor shall comply with the
requirements of Subpart 42.12 of the Federal Acquisition Regulations (FAR) and
provide the responsible Contracting Officer a fully revised and initialed/signed
GSA Form 3518 entitled Representations and Certi�cations along with written
notification of its intention to (A)change the name in the CCR database; and
(B)provide the Contracting Officer with sufficient documentation to verify and
confirm the legally changed name or change in ownership.
(ii) If the Contractor fails to comply with the requirements of paragraph(g)(1)(i)of this
clause, or fails to perform the agreement at paragraph(g)(1)(i)(C) of this clause,
and, in the absence of a properly executed novation or change-of-name
agreement, the CCR information that shows the Contractor to be other than the
Contractor indicated in the contract will be considered to be incorrect information
within the meaning of the "Suspension of PaymenY' paragraph of the electronic
funds transfer(EFT)clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual
payments, as appropriate, in the CCR record to reflect an assignee for the purpose of
assignment of claims. Assignees shall be separately registered in the CCR database.
Information provided to the Contractor's CCR record that indicates payments, including
those made by EFT, to an ultimate recipient other than that Contractor will be
considered to be incorrect information.
INITIALS: &
LESSOR GOVERNMENT GSA FORM 3517C PAGE 3(REV 11/05)
(h) Offerors and Contractors may obtain information on registration and annual confirmation
requirements via the internet at http://www.ccr.aov or by calling 1-888-227-2423, or
269-961-5757.
8. 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING
WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR
DEBARMENT(JAN 2005)
(Applicable to leases over$25,000.)
(a) The Government suspends or debars Contractors to protect the Government's interests.
The Contractor shall not enter into any subcontract in excess of$25,000 with a Contractor
that is debarred, suspended, or proposed for debarment unless there is a compelling reason
to do so.
(b) The Contractor shall require each proposed first-tier subcontractor, whose subcontract will
exceed $25,000, to disclose to the Contractor, in writing, whether as of the time of award of
the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or
proposed for debarment by the Federal Government.
(c) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in
writing, before entering into a subcontract with a party that is debarred, suspended, or
proposed for debarment (see FAR 9.404 for information on the Excluded Parties List
System). The notice must include the following:
(1) The name of the subcontractor,
(2) The Contractor's knowledge of the reasons for the subcontractor being in the Excluded
Parties List System.
(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its
inclusion in the Excluded Parties List System. .
(4) The systems and procedures the Contractor has established to ensure that it is fully
protecting the GovernmenYs interests when dealing with such subcontractor in view of
the specific basis for the parry's debarment, suspension,or proposed debarment.
9. 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JUL 2005)
(Applicable to leases over$500,000.)
(a) This clause does not apply to small business concerns.
(b) Definifions. As used in this clause—
"Commercial item" means a product or service that satisfies the definition of commercial
item in section 2.101 of the Federal Acquisition Regulation.
"Commercial plan" means a subcontracting plan (including goals) that covers the Offeror's
fiscal year and that applies to the entire production of commercial items sold by either the
entire company or a portion thereof(e.g., division, plant, or product line).
"Individual contract plan" means a subcontracting plan that covers the entire contract period
(including option periods), applies to a specific contract, and has goals that are based on the
Offeror's planned subcontracting in support of the specific contract, except that indirect costs
incurred for common or joint purposes may be allocated on a prorated basis to the contract.
"Master plan" means a subcontracting plan that contains all the required elements of an
individual contract plan, except goals, and may be incorporated into individual contract
plans, provided the master plan has been approved.
"SubcontracY' means any agreement (other than one involving an employer-employee
relationship) entered into by a Federal Government prime Contractor or subcontractor
calling for supplies or services required for perFormance of the contract or subcontract.
INITIALS: & ' _�/V
L OR GOVERNMENT GSA FORM 3517C PAGE 4(REV 11/05)
(c) The Offeror, upon request by the Contracting Officer, shall submit and negotiate a
subcontracting plan, where applicable, that separately addresses subcontracting with small
business, veteran-owned small business, service-disabled veteran-owned small business,
HUBZone small business concerns, small disadvantaged business, and women-owned
small business concerns. If the Offeror is submitting an individual contract plan, the plan
must separately address subcontracting with small business, veteran-owned small business,
service-disabled veteran-owned small business, HUBZone small business, small
disadvantaged business, and women-owned small business concerns, with a separate part
for the basic contract and separate parts for each option (if any). The plan shall be included
in and made a part of the resultant contract. The subcontracting plan shall be negotiated
within the time specified by the Contracting Officer. Failure to submit and negotiate the
subcontracting plan shall make the Offeror ineligible for award of a contract.
(d) The Offeror's subcontracting plan shall include the following:
(1) Goals, expressed in terms of percentages of totai planned subcontracting dollars, for the
use of small business, veteran-owned small business, service-disabled veteran-owned
small business, HUBZone small business, small disadvantaged business, and women-
owned small business concerns as subcontractors. The Offeror shall include all
subcontracts that contribute to contract performance, and may include a proportionate
share of products and services that are normally allocated as indirect costs.
(2) A statement of—
(i) Total dollars planned to be subcontracted for an individual contract plan; or the
Offeror's total projected sales, expressed in dollars, and the total value of
projected subcontracts to support the sales for a commercial plan;
(ii) Total dollars planned to be subcontracted to small business concerns;
(iii) Total dollars planned to be subcontracted to veteran-owned small business
concerns;
(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned
small business;
(v) Total dollars planned to be subcontracted to HUBZone small business concerns;
(vi) Total dollars planned to be subcontracted to small disadvantaged business
concerns; and
(vii) Total dollars planned to be subcontracted to women-owned small business
concerns.
(3) A description of the principal rypes of supplies and services to be subcontracted, and an
identification of the types planned for subcontracting to—
(i) Small business concerns;
(ii) Veteran-owned small business concerns;
(iii) Service-disabled veteran-owned small business concerns;
(iv) HUBZone small business concerns;
(v) Small disadvantaged business concerns;and
(vi) Women-owned small business concerns.
(4) A description of the method used to develop the subcontracting goals in paragraph
(d)(1)of this clause.
(5) A description of the method used to identify potential sources for solicitation purposes
(e.g., existing company source lists, the Procurement Marketing and Access Nefinrork
(PRO-Net) of the Small Business Administration (SBA), veterans service organizations,
the National Minority Purchasing Council Vendor Information Service, the Research and
Information Division of the Minority Business Development Agency in the Department of
Commerce, or small, HUBZone, small disadvantaged, and women-owned small
business trade associations). A firm may rely on the information contained in PRO-Net
as an accurate representation of a concern's size and ownership characteristics for the
purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned
small, HUBZone small, small disadvantaged, and women-owned small business source
list. Use of PRO-Net as its source list does not relieve a firm of its responsibilities
(e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in
this clause.
(6) A statement as to whether or not the Offeror included indirect costs in establishing
subcontracting goals, and a description of the method used to determine the
proportionate share of indirect costs to be incurred with—
(i) Small business concerns;
INITIALS: &
SOR GOVERN ENT GSA FORM 3517C PAGE 5(REV 1'I/05)
(ii) Veteran-owned small business concerns;
(iii) Service-disabled veteran-owned small business concerns;
(iv) HUBZone smaN business concerns;
(v) Small disadvantaged business concerns; and
(vi) Women-owned small business concerns.
(7) The name of the individual employed by the Offeror who will administer the Offeror's
subcontracting program, and a description of the duties of the individual.
(8) A description of the efforts the Offeror will make to assure that small business, veteran-
owned small business, service-disabled veteran-owned small business, HUBZone small
business, small disadvantaged business, and women-owned small business concerns
have an equitable opportunity to compete for subcontracts.
(9) Assurances that the Offeror will include the clause of this contract entitled "Utilization of
Small Business Concerns" in all subcontracts that offer further subcontracting
opportunities, and that the Offeror will require all subcontractors (except small business
concerns) that receive subcontracts in excess of$500,000 ($1,000,000 for construction
of any public facility)to adopt a subcontracting plan that complies with the requirements
of this clause.
(10) Assurances that the Offeror will—
(i) Cooperate in any studies or surveys as may be required;
(ii) Submit periodic reports so that the Government can determine the extent of
compliance by the Offeror with the subcontracting plan;
(iii) Submit Standard Form (SF) 294, Subcontracting Report for Individual Contracts,
and/or SF 295, Summary Subcontract Report, in accordance with paragraph (j)of
this clause. The reports shall provide information on subcontract awards to small
business concerns, veteran-owned small business concerns, service-disabled
veteran-owned small business concerns, HUBZone small business concerns,
small disadvantaged business concerns, women-owned small business
concerns, and HistoricaAy Black Colleges and Universities and Minority
Institutions. Reporting shall be in accordance with the instructions on the forms
. or as provided in agency regulations.
(iv) Ensure that its subcontractors agree to submit SF 294 and SF 295.
(11) A description of the types of records that will be maintained concerning procedures that
have been adopted to comply with the requirements and goals in the plan, including
establishing source lists; and a description of the Offeror's efforts to locate small
business, veteran-owned small business, service-disabled veteran-owned small
business, HUBZone small business, small disadvantaged business, and women-owned
small business concerns and award subcontracts to them. The records shall include at
least the following (on a plant-wide or company-wide basis, unless otherwise indicated):
(i) Source lists (e.g., PRO-Net), guides, and other data that identily small business,
veteran-owned small business, service-disabled veteran-owned small business,
HUBZone small business, small disadvantaged business, and women-owned
small business concerns.
(ii) Organizations contacted in an attempt to locate sources that are small business,
veteran-owned small business, service-disabled veteran-owned small business,
HUBZone small business, small disadvantaged business, or women-owned small
business concerns.
(iii) Records on each subcontract solicitation resulting in an award of more than
$100,000, indicating—
(A) Whether small business concerns were solicited and, if not, why not;
(B) Whether veteran-owned small business concerns were solicited and, if
not, why not;
(C) Whether service-disabled veteran-owned small business concerns were
solicited and, if not, why not;
(D) Whether HUBZone small business concerns were solicited and, if not,
why not;
(E) Whether small disadvantaged business concerns were solicited and, if
not,why not;
(F) Whether women-owned small business concerns were solicited and, if
not,why not; and
(G) If applicable, the reason award was not made to a small business
concern.
(iv) Records of any outreach efforts to contact—
INITIALS: 8�
L OR GOVERN ENT GSA FORM 3517C PAGE 6(REV 11/05)
(A) Trade associations;
(B) Business development organizations;
(C) Conferences and trade fairs to locate small, HUBZone small, small
disadvantaged, and women-owned small business sources; and
(D) Veterans service organizations.
(v) Records of internal guidance and encouragement provided to buyers through—
(A) Workshops, seminars, training, etc.; and
(Bj Monitoring performance to evaluate compliance with the program's
requirements.
(vi) On a contract-by-contract basis, records to support award data submitted by the
Offeror to the Government, including the name, address, and business size of
each subcontractor. Contractors having commercial plans need not comply with
this requirement.
(e) !n order to effectively implement this plan to the extent consistent with efficient contract
performance, the Contractor shall perForm the following functions:
(1) Assist small business, veteran-owned small business, service-disabled veteran-owned
small business, HUBZone small business, small disadvantaged business, and women-
owned small business concerns by arranging solicitations, time for the preparation of
bids, quantities, specifications, and delivery schedules so as to facilitate the participation
by such concerns. Where the Contractor's lists of potential small business, veteran-
owned small business, service-disabled veteran-owned small business, HUBZone small
business, small disadvantaged business, and women-owned small business
subcontractors are excessively long, reasonable effort shall be made to give all such
small business concerns an opportunity to compete over a period of time.
� (2) Provide adequate and timely consideration of the potentialities of small business,
veteran-owned small business, service-disabled veteran-owned small business,
HUBZone small business, small disadvantaged business, and women-owned small
business concerns in all"make-or-buy"decisions.
(3) Counsel and discuss subcontracting opportunities with representatives of small
business, veteran-owned small business, service-disabled veteran-owned small
business, HUBZone small business, small disadvantaged business, and women-owned
small business firms.
(4) Confirm that a subcontractor representing itself as a HUBZone small business concern
is identified as a certified HUBZone small business concern by accessing the Central
Contractor Registration (CCR)database or by contacting SBA.
(5) Provide notice to subcontractors concerning penalties and remedies for
misrepresentations of business status as small, veteran-owned small business,
HUBZone small, small disadvantaged, or women-owned small business for the purpose
of obtaining a subcontract that is to be included as part or all of a goal contained in the
Contractor's subcontracting plan.
(� A master plan on a plant or division-wide basis that contains all the elements required by
paragraph (d)of this clause, except goals, may be incorporated by reference as a part of the
subcontracting plan required of the Offeror by this clause; provided—
(1) The master plan has been approved;
(2) The Offeror ensures that the master plan is updated as necessary and provides copies
of the approved master plan, including evidence of its approval, to the Contracting
O�cer; and
(3) Goals and any deviations from the master plan deemed necessary by the Contracting
Officer to satisfy the requirements of this contract are set forth in the individual
subcontracting plan.
(g) A commercial plan is the preferred type of subcontracting plan for contractors furnishing
commercial items. The commercial plan shall relate to the Offeror's planned subcontracting
generally, for both commercial and Government business, rather than solely to the
Government contract. Commercial plans are also preferred for subcontractors that provide
commercial items under a prime contract, whether or not the prime contractor is supplying a
commercial item.
INITIALS: 8�
L OR GOVERNMENT GSA FORM 3517C PAGE 7(REV 11/05)
(h) Prior compliance of the Offeror with other such subcontracting plans under previous
contracts will be considered by the Contracting Officer in determining the responsibility of
the Offeror for award of the contract.
(i) The failure of the Contractor or subcontractor to comply in good faith with—
(1) The clause of this contract entitled"Utilization Of Small Business Concerns";or
(2) An approved plan required by this clause, shall be a material breach of the contract.
Q) The Contractor shall submit the following reports:
(1) Standard Form 294, Subcontracting Report for Individual Contracts. This report shall be
submitted to the Contracting Officer semiannually and at contract completion. The
report covers subcontract award data related to this contract. This report is not required
for commercial plans.
(2) Standard Form 295, Summary Subcontract Report. This report encompasses all of the
contracts with the awarding agency. It must be submitted semi-annually for contracts
with the Department of Defense and annually for contracts with civilian agencies. If the
reporting activity is covered by a commercial plan, the reporting activity must report
annually all subcontract awards under that plan. All reports submitted at the close of
each fiscal year (both individual and commercial plans) shall include a breakout, in the
Contractor's format, of subcontract awards, in whole dollars, to small disadvantaged
business concerns by North American Industry Classification System (NAICS) Industry
Subsector. For a commercial plan, the Contractor may obtain from each of its
subcontractors a predominant NAICS Industry Subsector and report all awards to that
subcontractor under its predominant NAICS Industry Subsector.
10. 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (JAN 1999)
(Applicable to leases over$500,000.)
(a) "Failure to make a good faith effort to comply with the subcontracting plan," as used in this
clause, means a willful or intentional failure to perform in accordance with the requirements
of the subcontracting plan approved under the clause in this contract entitled "Small
Business Subcontracting Plan," or willful or intentional action to frustrate the plan.
(b) Performance shall be measured by applying the percentage goals to the total actual
subcontracting dollars or, if a commercial plan is involved, to the pro rata share of actual
subcontracting dollars attributable to Government contracts covered by the commercial plan.
If, at contract completion or, in the case of a commercial plan, at the close of the fiscal year
for which the plan is applicable, the Contractor has failed to meet its subcontracting goals
and the Contracting Officer decides in accordance with paragraph (c) of this clause that the
Contractor failed to make a good faith effort to comply with its subcontracting plan,
established in accordance with the clause in this contract entitled "Small Business
Subcontracting Plan," the Contractor shall pay the Government liquidated damages in an
amount stated. The amount of probable damages attributable to the Contractor's failure to
comply shall be an amount equal to the actual dollar amount by which the Contractor failed
to achieve each subcontract goal.
(c) Before the Contracting Officer makes a final decision that the Contractor has failed to make
such good faith effort, the Contracting Officer shall give the Contractor written notice
specifymg the failure and permitting the Contractor to demonstrate what good faith efforts
have been made and to discuss the matter. Failure to respond to the notice may be taken
as an admission that no valid explanation exists. If, after consideration of all the pertinent
data, the Contracting Officer finds that the Contractor failed to make a good faith effort to
comply with the subcontracting plan, the Contracting Officer shall issue a final decision to
that effect and require that the Contractor pay the Government liquidated damages as
provided in paragraph (b)of this clause.
(d) With respect to commercial plans, the Contracting Officer who approved the plan will
perform the functions of the Contracting Officer under this clause on behalf of all agencies
with contracts covered by the commercial plan.
INITIALS� &
L R GOVER MENT GSA FORM 3517C PAGE 8(REV 11/05)
(e) The Contractor shall have the right of appeal, under the clause in this contract entitled,
Disputes, from any final decision of the Contracting Officer.
(fl Liquidated damages shall be in addition to any other remedies that the Government may
have.
11. 552.219-72 PREPARATION, SUBMISSION, AND NEGOTIATION OF SUBCONTRACTING
PLANS(JUN 2005)
(Applicable to leases over $500,000 if solicitation requires submission of the subcontracting plan
with initial offers.)
(a) An Offeror, other than a small business concern, submitting an offer that exceeds $500,000
($1,000,000 for construction) shall submit a subcontracting plan with its initial offer. The
subcontracting plan will be negotiated concurrently with price and any required technical and
management proposals, unless the Offeror submits a previously-approved commercial plan.
(b) Maximum practicable utilization of small, HUBZone small, small disadvantaged, and women-
owned, veteran-owned, and service-disabled veteran owned small business concerns as
subcontractors is a matter of national interest with both social and economic benefits. The
General Services Administration (GSA) expects that an Offeror's subcontracting plan will
reflect a commitment to assuring that small, HUBZone small, small disadvantaged, women-
owned, veteran-owned, and service-disabled veteran owned small business concerns are
provided the maximum practicable opportunity, consistent with efficient contract
performance, to participate as subcontractors in the performance of the resulting contract.
An Offeror submitting a commercial plan can reflect this commitment through subcontracting
opportunities it provides that relate to the Offeror's production generally; i.e., for both its
commercial and Government business.
(c) GSA believes that this potential contract provides significant opportunities for the use of
small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-
disabled veteran owned small business concerns as subcontractors. Consequently, in
addressing the eleven elements described at FAR 52.219-9(d) of the clause in this contract
entitled Small Business Subcontracting Plan, the Offeror shall:
(1) Demonstrate that its subcontracting plan represents a creative and innovative program
for involving small, HUBZone small, small disadvantaged, women-owned, veteran-
owned, and service-disabled veteran owned small business concerns in perForming the
contract.
(2) Include a description of the Offeror's subcontracting strategies used in any previous
contracts, significant achievements, and how this plan will build upon those earlier
achievements.
(3) Demonstrate through its plan that it understands the small business subcontracting
program's objectives and GSA's expectations, and it is committed to taking those
actions necessary to meet these goals or objectives.
(d) In determining the acceptability of any subcontracting plan, the Contracting Officer will take
each of the following actions:
(1) Review the plan to verify that the Offeror demonstrates an understanding of the small
business subcontracting program's objectives and GSA's expectations with respect to
the program and has included all the information, goals, and assurances required by
FAR 52.219-9.
(2) Consider previous goals and achievements of contractors in the same industry.
(3) Consider information and potential sources obtained from agencies administering
national and local preference programs and other advocacy groups in evaluating
whether the goals stated in the plan adequately reflect the anticipated potential for
subcontracting to small, HUBZone small, small disadvantaged, women-0wned, veteran-
owned, and service-disabled veteran owned small business concerns.
(4) Review the Offeror's description of its strategies, historical performance and significant
achievements in placing subcontracts for the same or similar products or services with
small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and
INITIALS: &
L R GOVERNMENT GSA FORM 3517C PAGE 9(REV 11/05)
service-disabled veteran owned small business concerns. The Offeror's description can
apply to commercial as well as previous Government contracts.
(e) Failure to submit an acceptable subcontracting plan and/or correct deficiencies in a plan
within the time specified by the Contracting Officer shall make the Offeror ineligible for.
award.
12. 552.219-73 GOALS FOR SUBCONTRACTING PLAN (JUN 2005)
(Applicable to leases over $500,000 if solicitation does not require submission of the
subcontracting plan with initial offers.)
(a) Maximum practicable utilization of small, HUBZone small, small disadvantaged, women-
owned, veteran-owned, and service-disabled veteran owned small business concerns as
subcontractors is a matter of national interest with both social and economic benefits.
(1) The General Services Administration's (GSA's) commitment to ensuring that maximum
practicable opportunity is provided to small, HUBZone small, small disadvantaged,
women-owned, veteran-owned, and service-disabled veteran owned small business
concerns to participate as subcontractors in the performance of this contract, consistent
with its e�cient performance, must be reflected in the Offeror's subcontracting plan
submitted pursuant to the clause of this contract at FAR 52.219-9, Small Business
Subcontracting Plan.
(2) In addressing the eleven elements described at FAR 52.219-9(d), the Offeror shall
demonstrate that its subcontracting plan represents a creative and innovative program
for involving small, HUBZone small, small disadvantaged, women-owned, veteran-
owned, and service-disabled veteran owned small business concerns in performing this
contract. An Offeror submitting a commercial plan can demonstrate its commitment in
providing maximum practicable opportunities through subcontracting opportunities it
provides to small, HUBZone small, small disadvantaged, women-owned, veteran-
owned, and service-disabled veteran owned small business concerns that relate to the
Offeror's production generally; i.e., for both its commercial and Government business.
(3) The subcontracting plan shall include a description of the Offeror's subcontracting
strategies used in previous contracts and significant achievements, with an explanation
of how this plan will build upon those earlier achievements. Additionally, the Offeror
shall demonstrate through its plan that it understands the small business subcontracting
program's objectives, GSA's expectations, and is committed to taking those actions
necessary to meet these goals or objectives.
(b) GSA believes that this contract provides significant opportunities for the use of small,
HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled
veteran owned small business concerns as subcontractors. Accordingly, it is anticipated
that an acceptable subcontracting plan will contain at least the following goals:
Small Business X percent
HUBZone Small Business X percent
Small Disadvantaged Business X percent
Women-Owned Small Business X percent
Veteran-Owned Small Business X percent
Service-Disabled Veteran-Owned Small Business X percent
NOTE: Target goals are expressed as a percentage of planned subcontracting dollars.
(c) In determining the acceptability of any subcontracting plan, the Contracting Officer will—
(1) Review the plan to verify that the Offeror has demonstrated an understanding of the
small business subcontracting program's objectives and GSA's expectations with
respect to the programs and has included all the information, goals, and assurances
required by FAR 52.219-9;
INITIALS' &
L SOR GOV NMENT GSA FORM 3517C PAGE 10(REV 11/05)
(2) Consider previous goals and achievements of contractors in the same industry;
(3) Consider information and potential sources obtained from agencies administering
national and local preference programs and other advocacy groups in evaluating
whether the goals stated in the plan adequately reflect the anticipated potential for
subcontracting to small, HUBZone small, small disadvantaged, women-owned, veteran-
owned, and service-disabled veteran owned small business concerns; and
(4) Review the Offeror's description of its strategies, historical performance and significant
achievements in placing subcontracts for the same or similar products or services with
small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and
senrice-disabled veteran owned small business concerns. The Offeror's description can
apply to commercial as well as previous Government contracts.
(d) Failure to submit an acceptable subcontracting plan and/or correct deficiencies in a plan
within the time specified by the Contracting Officer shall make the Offeror ineligible for
award.
13. 52.222-26 EQUAL OPPORTUNITY(APR 2002)
(Applicable to leases over$10,000.)
(a) Definition. "United States," as used in this clause, means the 50 States, the District of
Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.
Virgin Islands, and Wake Island.
(b) If, during any 12-month period (including the 12 months preceding the award of this
contract), the Contractor has been or is awarded nonexempt Federal contracts and/or
subcontracts that have an aggregate value in excess of $10,000, the Contractor shall
' comply with paragraphs (b)(1) through (b)(11) of this clause, except for work performed
outside the United States by employees who were not recruited within the United States.
Upon request, the Contractor shall provide information necessary to determine the
applicability of this clause.
(1) The Contractor shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. However, it shall not be a
violation of this clause for the Contractor to extend a publicly announced preference in
employment to Indians living on or near an Indian reservation, in connection with
employment opportunities on or near an Indian reservation, as permitted by
41 CFR 60-1.5.
(2) The Contractor shall take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their race, color,
religion, sex, or national origin. This shall include, but not be limited t�
(i) Employment;
(ii) Upgrading;
(iii) Demotion;
(iv) Transfer;
(v) Recruitment or recruitment advertising;
(vi) Layoff or termination;
(vii) Rates of pay or other forms of compensation; and
(viii) Selection for training, including apprenticeship.
(3) The Contractor shall post in conspicuous places available to employees and applicants
for employment the notices to be provided by the Contracting Officer that explain this
clause.
(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
(5) The Contractor shall send, to each labor union or representative of workers with which it
has a collective bargaining agreement or other contract or understanding, the notice to
be provided by the Contracting Officer advising the labor union or workers'
, � representative of the Contractor's commitments under this clause, and post copies of
the notice in conspicuous places available to employees and applicants for employment.
INITIALS: 8�
L OR GOVER MENT GSA FORM 3517C PAGE 11 (REV 11/05)
(6) The Contractor shall comply with Executive Order 11246, as amended, and the rules,
regulations,and orders of the Secretary of Labor.
(7) The Contractor shall furnish to the contracting agency all information required by
Executive Order 11246, as amended, and by the rules, regulations, and orders of the
Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO-1), or any
successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed
within the 12 months preceding the date of contract award, the Contractor shall, within
30 days after contract award, apply to either the regional Office of Federal Contract
Compliance Programs(OFCCP)or the local office of the Equal Employment Opportunity
Commission for the necessary forms.
(8) The Contractor shall permit access to its premises, during normal business hours, by
the contracting agency or the OFCCP for the purpose of conducting on-site compliance
evaluations and complaint investigations. The Contractor shall permit the Government
to inspect and copy any books, accounts, records(including computerized records), and
other material that may be relevant to the matter under investigation and pertinent to
compliance with Executive Order 11246, as amended, and rules and regulations that
implement the Executive Order.
(9) If the OFCCP determines that the Contractor is not in compliance with this clause or any
rule, regulation, or order of the Secretary of Labor, this contract may be canceled,
terminated, or suspended in whole or in part and the Contractor may be declared
ineligible for further Government contracts, under the procedures authorized in
Executive Order 11246, as amended. In addition, sanctions may be imposed and
remedies invoked against the Contractor as provided in Executive Order 11246, as
amended; in the rules, regulations, and orders of the Secretary of labor; or as otherwise
provided by law.
(10) The Contractor shall include the terms and conditions of paragraphs (b)(1) through (11)
of this clause in every subcontract or purchase order that is not exempted by the rules,
regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as
amended, so that these terms and conditions will be binding upon each subcontractor or
vendor.
(11) The Contractor shall take such action with respect to any subcontract or purchase order
as the Contracting Officer may direct as a means of enforcing these terms and
conditions, including sanctions for noncompliance, provided, that if the Contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of any direction, the Contractor may request the United States to enter into the
litigation to protect the interests of the United States.
(c) Notwithstanding any other clause in this contract, disputes relative to this clause will be
governed by the procedures in 41 CFR 60-1.1.
14. 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)
(Applicable to leases over$10,000.)
(a) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest
rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and
other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment
areas, transportation, and housing facilities provided for employees, that are segregated by
explicit directive or are in fact segregated on the basis of race, color, religion, sex, or
national origin because of written or oral policies or employee custom. The term does not
include separate or single-user rest rooms or necessary dressing or sleeping areas provided
to assure privacy between the sexes.
(b) The Contractor agrees that it does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments, and that it does not and will not permit its
employees to perForm their services at any location under its control where segregated
facilities are maintained. The Contractor agrees that a breach of this clause is a violation of
the Equal Opportunity clause in this contract.
(c) The Contractor shall include this clause in every subcontract and purchase order that is
subject to the Equal Opportunity clause of this contract.
INITIALS: &
L OR GOV RNMENT GSA FORM 3517C PAGE 12(REV 11/05)
15. 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF
THE VIETNAM ERA,AND OTHER ELIGIBLE VETERANS (DEC 2001)
(Applicable to leases over$25,000.)
(a) Definitions. As used in this clause—
"All employment openings" means all positions except executive and top management,
those positions that will be filled from within the Contractor's organization, and positions
lasting 3 days or less. This term includes full-time employment, temporary employment of
more than 3 days duration, and part-time employment.
"Executive and top managemenY'means any employee—
(1) Whose primary duty consists of the management of the enterprise in which the
individual is employed or of a customarily recognized department or subdivision thereof;
(2) Who customarily and regularly directs the work of finro or more other employees;
(3) Who has the authority to hire or fire other employees or whose suggestions and
recommendations as to the hiring or firing and as to the advancement and promotion or
any other change of status of other employees will be given particular weight;
(4) Who customarily and regularly exercises discretionary powers; and
(5) Who does not devote more than 20 percent or, in the case of an employee of a retail or
service establishment, who does not devote more than 40 percent of total hours of work
in the work week to activities that are not directly and closely related to the performance
of the work described in paragraphs (1)through (4)of this definition. This paragraph (5)
does not apply in the case of an employee who is in sole charge of an establishment or
a physically separated branch establishment, or who owns at least a 20 percent interest
in the enterprise in which the individual is employed.
"Other eligible veteran" means any other veteran who served on active duty during a war or
in a campaign or expedition for which a campaign badge has been authorized.
"Positions that will be filled from within the Contractor's organization" means employment
openings for which the Contractor will give no consideration to persons outside the
Contractor's organization (including any affiliates, subsidiaries, and parent companies) and
includes any openings the Contractor proposes to fill from regularly established "recall" lists.
The exception does not apply to a particular opening once an employer decides to consider
applicants outside of its organization.
"Qualified special disabled veteran" means a special disabled veteran who satisfies the
requisite skill, experience, education, and other job-related requirements of the employment
position such veteran holds or desires, and who, with or without reasonable accommodation,
can perform the essential functions of such position.
"Special disabled veteran"means—
(1) A veteran who is entitled to compensation (or who but for the receipt of military retired
pay would be entitled to compensation) under laws administered by the Department of
Veterans Affairs for a disability—
(i) Rated at 30 percent or more; or
(ii) Rated at 10 or 20 percent in the case of a veteran who has been determined
under 38 U.S.C. 3106 to have a serious employment handicap (i.e., a significant
impairment of the veteran's ability to prepare for, obtain, or retain employment
consistent with the veteran's abilities, aptitudes, and interests); or
(2) A person who was discharged or released from active duty because of a
service-connected disability.
"Veteran of the Vietnam era"means a person who—
(1) Served on active duty for a period of more than 180 days and was discharged or
released from active duty with other than a dishonorable discharge, if any part of such
active duty occurred—
(i) In the Republic of Vietnam between February 28, 1961, and May 7, 1975; or
(ii) Between August 5, 1964, and May 7, 1975, in all other cases; or
INITIALS: ` 8
L SOR GOVERNMENT GSA FORM 3517C PAGE 13(REV 11/05)
(2) Was discharged or released from active dury for a service-connected disability if any
part of the active duty was performed—
(i) In the Republic of Vietnam between February 28, 1961, and May 7, 1975; or
(ii) Befinreen August 5, 1964,and May 7, 1975, in all other cases.
(b) General.
(1) The Contractor shall not discriminate against the individual because the individual is a
special disabled veteran, a veteran of the Vietnam era, or other eligible veteran,
regarding any position for which the employee or applicant for employment is qualified.
The Contractor shall take affirmative action to employ, advance in employment, and
otherwise treat qualified special disabled veterans, veterans of the Vietnam era, and
other eligible veterans without discrimination based upon their disability or veterans'
status in all employment practices such as—
(i) Recruitment,advertising, and job application procedures;
(ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff,
termination, right of return from layoff and rehiring;
(iii) Rate of pay or any other form of compensation and changes in compensation;
(iv) Job assignments, job classifications, organizational structures, position
descriptions, lines of progression, and seniority lists;
(v) Leaves of absence, sick leave, or any other leave;
(vi) Fringe benefits available by virtue of employment, whether or not administered by
the Contractor;
(vii) Selection and financial support for training, including apprenticeship, and on-the-
job training under 38 U.S.C. 3687, professional meetings, conferences, and other
related activities, and selection for leaves of absence to pursue training;
(viii) Activities sponsored by the Contractor including social or recreational programs;
and
(ix) Any other term, condition, or privilege of employment.
(2) The Contractor shall comply with the rules, regulations, and relevant orders of the
Secretary of Labor issued under the Vietnam Era Veterans' Readjustment Assistance
Act of 1972 (the Act), as amended (38 U.S.C.4211 and 4212).
(c) Listing openings.
(1) The Contractor shall immediately list all employment openings that exist at the time of
the execution of this contract and those which occur during the performance of this
contract, including those not generated by this contract, and including those occurring at
an establishment of the Contractor other than the one where the contract is being
performed, but excluding those of independently operated corporate affiliates, at an
appropriate local public employment service o�ce of the State wherein the opening
occurs. Listing employment openings with the U.S. Department of Labor's America's
Job Bank shall satisfy the requirement to list jobs with the local employment service
office.
(2) The Contractor shall make the listing of employment openings with the local
employment service office at least concurrently with using any other recruitment source
or effort and shall involve the normal obligations of placing a bona fide job order,
including accepting referrals of veterans and nonveterans. This listing of employment
openings does not require hiring any particularjob applicant or hiring from any particular
group of job applicants and is not intended to relieve the Contractor from any
requirements of Executive orders or regulations concerning nondiscrimination in
employment.
(3) Whenever the Contractor becomes contractually bound to the listing terms of this
clause, it shall advise the State public employment agency in each State where it has
establishments of the name and location of each hiring location in the State. As long as
the Contractor is contractually bound to these terms and has so advised the State
agency, it need not advise the State agency of subsequent contracts. The Contractor
may advise the State agency when it is no longer bound by this contract clause.
(d) Applicability. This clause does not apply to the listing of employment openings that occur
and are filled outside the 50 States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the
Virgin Islands of the United States, and Wake Island.
INITIALS. &
OR GOVERNMENT GSA FORM 3517C PAGE 14(REV 11/05)
(e) Postings.
(1) The Contractor shall post employment notices in conspicuous places that are available
to employees and applicants for employment.
(2) The employment notices shall—
(i) State the rights of applicants and employees as well as the Contractor's
obligation under the law to take affirmative action to employ and advance in
employment qualified employees and applicants who are special disabled
veterans, veterans of the Vietnam era, and other eligible veterans; and
(ii) Be in a form prescribed by the Deputy Assistant Secretary for Federal Contract
Compliance Programs, Department of Labor (Deputy Assistant Secretary of
Labor), and provided by or through the Contracting Officer.
(3) The Contractor shall ensure that applicants or employees who are special disabled
veterans are informed of the contents of the notice (e.g., the Contractor may have the
notice read to a visually disabled veteran, or may lower the posted notice so that it can
be read by a person in a wheelchair).
(4) The Contractor shall notify each labor union or representative of workers with which it
has a collective bargaining agreement, or other contract understanding, that the
Contractor is bound by the terms of the Act and is committed to take affirmative action to
employ, and advance in employment, qualified special disabled veterans, veterans of
the Vietnam era, and other eligible veterans.
(fl Noncompliance. If the Contractor does not comply with the requirements of this clause, the
Government may take appropriate actions under the rules, regulations, and relevant orders
of the Secretary of Labor issued pursuant to the Act.
(g) Subcontracts. The Contractor shall insert the terms of this clause in all subcontracts or
purchase orders of$25,000 or more unless exempted by rules, regulations, or orders of the
Secretary of Labor. The Contractor shall act as specified by the Deputy Assistant Secretary
of Labor to enforce the terms, including action for noncompliance.
16. 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)
(Applicable to leases over$10,000.)
(a) General.
(1) Regarding any position for which the employee or applicant for employment is qualified,
the Contractor shall not discriminate against any employee or applicant because of
physical or mental disability. The Contractor agrees to take affirmative action to employ,
advance in employment and otherwise treat qualified individuals with disabilities without
discrimination based upon their physical or mental disability in all employment practices
such as—
(i) Recruitment, advertising, and job application procedures;
(ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff,
termination, right of return from layoff, and rehiring;
(iii) Rates of pay or any other form of compensation and changes in compensation;
(iv) Job assignments, job classifications, organizational structures, position
descriptions, lines of progression, and seniority lists;
(v) Leaves of absence, sick leave, or any other leave;
(vi) Fringe benefits available by virtue of employment,whether or not administered by
the Contractor;
(vii) Selection and financial support for training, including apprenticeships,
professional meetings, conferences, and other related activities, and selection for
leaves of absence to pursue training
(viii) Activities sponsored by the Contractor, including social or recreational programs;
and
(ix) Any other term, condition, or privilege of employment.
(2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the
Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973
(29 U.S.C. 793)(the Act), as amended.
INITIALS: 8�
L SSOR GOV R MENT GSA FORM 3517C PAGE 15(REV 11/05)
(b) Postings.
(1) The Contractor agrees to post employment notices stating—
(i) the Contractor's obligation under the law to take affirmative action to employ and
advance in employment qualified individuals with disabilities and
(ii) the rights of applicants and employees.
(2) These notices shall be posted in conspicuous places that are available to employees
and applicants for employment. The Contractor shall ensure that applicants and
employees with disabilities are informed of the contents of the notice (e.g., the
Contractor may have the notice read to a visually disabled individual, or may lower the
posted notice so that it might be read by a person in a wheelchair). The notices shall be
in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance
of the U.S. Department of Labor (Deputy Assistant Secretary) and shall be provided by
or through the Contracting Officer.
(3) The Contractor shall notify each labor union or representative of workers with which it
has a collective bargaining agreement or other contract understanding, that the
Contractor is bound by the terms of Section 503 of the Act and is committed to take
affirmative action to employ, and advance in employment, qualified individuals with
physical or mental disabilities.
(c) Noncompliance. If the Contractor does not comply with the requirements of this clause,
appropriate actions may be taken under the rules, regulations, and relevant orders of the
Secretary issued pursuant to the Act.
(d) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or
purchase order in excess of$10,000 unless exempted by rules, regulations, or orders of the
Secretary. The Contractor shall act as specified by the Deputy Assistant Secretary to
enforce the terms, including action for noncompliance.
17. 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF
THE VIETNAM ERA,AND OTHER ELIGIBLE VETERANS(DEC 2001)
(Applicable to leases over$25,000.)
(a) Unless the Contractor is a State or local government agency, the Contractor shall report at
least annually, as required by the Secretary of Labor, on— '
(1) The number of special disabled veterans, the number of veterans of the Vietnam era,
and other eligible veterans in the workforce of the Contractor by job category and hiring
location; and
(2) The total number of new employees hired during the period covered by the report, and
of the total, the number of special disabled veterans, the number of veterans of the
Vietnam era, and the number of other eligible veterans; and
(3) The maximum number and the minimum number of employees of the Contractor during
the period covered by the report.
(b) The Contractor shall report the above items by completing the Form VETS-100, entitled
"Federal Contractor Veterans' Employment Report(VETS-100 Report)."
(c) The Contractor shall submit VETS-100 Reports no later than September 30 of each year
beginning September 30, 1988.
(d) The employment activity report required by paragraph (a)(2) of this clause shall reflect total
hires during the most recent 12-month period as of the ending date selected for the
employment profile report required by paragraph (a)(1) of this clause. Contractors may
select an ending date—
(1) As of the end of any pay period between July 1 and August 31 of the year the report is
due; or
INITIALS: &
L OR GOV R MENT GSA FORM 3517C PAGE 16(REV 11/05)
(2) As of December 31, if the Contractor has prior written approval from the Equal
Employment Opportunity Commission to do so for purposes of submitting the Employer
Information Report EEO-1 (Standard Form 100).
(e) The Contractor shall base the count of veterans reported according to paragraph (a) of this
clause on voluntary disclosure. Each Contractor subject to the reporting requirements at
38 U.S.C. 4212 shall invite all special disabled veterans, veterans of the Vietnam era, and
other eligible veterans who wish to benefit under the affirmative action program at
38 U.S.C. 4212 to identify themselves to the Contractor. The invitation shall state that—
(1) The information is voluntarily provided;
(2) The information will be kept confidential;
(3) Disclosure or refusal to provide the information will not subject the applicant or
employee to any adverse treatment; and
(4) The information will be used only in accordance with the regulations promulgated under
38 U.S.C. 4212.
(fl The Contractor shall insert the terms of this clause in all subcontracts or purchase orders of
$25,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor.
18. 52.232-23 ASSIGNMENT OF CLAIMS(JAN 1986)
(Applicable to leases over$2,500.)
(a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727,
41 U.S.C. 15 (hereafter referred to as"the Act"), may assign its right to be paid amounts due
or to become due as a result of the performance of this contract to a bank, trust company, or
other financing institution, including any Federal lending agency. The assignee under such
an assignment may thereafter further assign or reassign its right under the original
assignment to any type of financing institution described in the preceding sentence.
(b) Any assignment or reassignment authorized under the Act and this clause shall cover all
unpaid amounts payable under this contract, and shall not be made to more than one party,
except that an assignment or reassignment may be made to one party as agent or trustee
� for two or more parties participating in the financing of this contract.
(c) The Contractor shall not furnish or disclose to any assignee under this contract any
classified document (including this contract) or information related to work under this
contract until the Contracting Officer authorizes such in writing.
19. 552.232-75 PROMPT PAYMENT(SEP 1999)
The Government will make payments under the terms and conditions specified in this clause.
Payment shall be considered as being made on the day a check is dated or an electronic funds
transfer is made. All days referred to in this clause are calendar days, unless otherwise specified.
(a) Payment due date.
(1) Rental payments. Rent shall be paid monthly in arrears and will be due on the first
workday of each month, and only as provided for by the lease.
(i) When the date for commencement of rent falls on the 15`h day of the month or
' earlier,the initial monthly rental payment under this contract shall become due on
� the first workday of the month following the month in which the commencement of
the rent is effective.
(ii) When the date for commencement of rent falls after the 15"'day of the month, the
initial monthly rental payment under this contract shall become due on the first
workday of the second month following the month in which the commencement of
the rent is effective.
(2) Other payments. The due date for making payments other than rent shall be the later of
the following two events:
INITIALS: &
L OR GOVE N ENT GSA FORM 3517C PAGE 17(REV 11/05)
(i) The 30"'day after the designated billing office has received a proper invoice from
the Contractor.
(ii) The 30`h day after Government acceptance of the work or service. However, if
the designated billing office fails to annotate the invoice with the�ctual date of
receipt,the invoice payment due date shall be deemed to be the 30 day after the
Contractor's invoice is dated, provided a proper invoice is received and there is
no disagreement over quantity, quality, or Contractor compliance with contract
requirements.
(b) Invoice and inspection requirements for payments other than rent.
(1) The Contractor shall prepare and submit an invoice to the designated billing of6ce after
completion of the work. A proper invoice shall include the following items:
(i) Name and address of the Contractor.
(ii) Invoice date.
(iii) Lease number.
(iv) GovernmenYs order number or other authorization.
(v) Description, price, and quantity of work or services delivered.
(vi) Name and address of Contractor official to whom payment is to be sent (must be
the same as that in the remittance address in the lease or the order.)
(vii) Name (where practicable), title, phone number, and mailing address of person to
be notified in the event of a defective invoice.
(2) The Government will inspect and determine the acceptability of the work performed or
services delivered within 7 days after the receipt of a proper invoice or notification of
completion of the work or services unless a different period is specified at the time the
order is placed. If actual acceptance occurs later, for the purpose of determining the
payment due date and calculation of interest, acceptance will be deemed to occur on
the last day of the 7-day inspection period. If the work or service is rejected for failure to
conform to the technical requirements of the contract, the 7 days will be counted
beginning with receipt of a new invoice or notification. In either case, the Contractor is
not entitled to any payment or interest unless actual acceptance by the Government
occurs.
(c) Interest Penalty.
(1) An interest penalty shall be paid automatically by the Government, without request from
the Contractor, if payment is not made by the due date.
(2) The interest penalty shall be at the rate established by the Secretary of the Treasury
under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect
on the day after the due date. This rate is referred to as the "Renegotiation Board
Interest Rate," and it is published in the Federal Register semiannually on or about
January 1 and July 1. The interest penalty shall accrue daily on the payment amount
approved by the Government and be compounded in 30-day increments inclusive from
the first day after the due date through the payment date.
(3) Interest penalties will not continue to accrue after the filing of a claim for such penalties
under the clause at 52.233-1, Disputes, or for more than 1 year. Interest penalties of
less than$1.00 need not be paid.
(4) Interest penalties are not required on payment delays due to disagreement between.the
Government and Contractor over the payment amount or other issues involving contract
compliance or on amounts temporarily withheld or retained in accordance with the terms
of the contract. Claims involving disputes, and any interest that may be payable, will be
resolved in accordance with the clause at 52.233-1, Disputes.
20. 552.232-76 ELECTRONIC FUNDS TRANSFER PAYMENT(MAR 2000)(VARIATION)
(a) The Government will make payments under this lease by electronic funds transfer (EFT).
The Lessor must, no later than 30 days before the first payment:
(1) Designate a financial institution for receipt of EFT payments.
(2) Submit this designation to the Contracting Officer or other Government official, as
directed.
INITIALS: 8
L OR GOVERNMENT GSA FORM 3517C PAGE 18(REV 11/05)
(b) The Lessor must provide the following information:
(1) The American Bankers Association 9-digit identifying number for Automated Clearing
House(ACH)transfers of the financing institution receiving payment if the institution has
access to the Federal Reserve Communications System.
(2) Number of account to which funds are to be deposited.
(3) Type of depositor account("C"for checking, "S"for savings).
(4) If the Lessor is a new enrollee to the EFT system, the Lessor must complete and submit
Form SF 3881, ACH Vendor/Miscellaneous Payment Enrollment Form, before payment
can be processed.
(c) If the Lessor, during the performance of this contract, elects to designate a different financial
institution for the receipt of any payment, the appropriate Government official must receive
notice of such change and the required information specified above no later than 30 days
before the date such change is to become effective.
(d) The documents furnishing the information required in this clause must be dated and contain
the:
(1) Signature, title, and telephone number of the Lessor or the Lessor's authorized
representative.
(2) Lessor's name.
(3) Lease number.
(e) Lessor's failure to properly designate a financial institution or to provide appropriate payee
bank account information may delay payments of amounts otherwise properly due.
21. 52.233-1 DISPUTES (JUL 2002)
(a) This contract is subject to the Contract Disputes Act of 1978, as amended
(41 U.S.C. 601-613).
(b) Except as provided in the Act, all disputes arising under or relating to this contract shall be
resolved under this clause.
(c) "Claim," as used in this clause, means a written demand or written assertion by one of the
contracting parties seeking, as a matter of right, the payment of money in a sum certain, the
adjustment or interpretation of contract terms, or other relief arising under or relating to this
contract. However, a written demand or written assertion by the Contractor seeking the
payment of money exceeding $100,000 is not a claim under the Act until certified. A
voucher, invoice, or other routine request for payment that is not in dispute when submitted
is not a claim under the Act. The submission may be converted to a claim under the Act, by
complying with the submission and certification requirements of this clause, if it is disputed
either as to liability or amount or is not acted upon in a reasonable time.
(d) (1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this
contract, submitted within 6 years after accrual of the claim to the Contracting Officer for
a written decision. A claim by the Government against the Contractor shall be subject to
a written decision by the Contracting O�cer.
(2) (i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of
this clause when submitting any claim exceeding$100,000.
(ii) The certification requirement does not apply to issues in controversy that have
not been submitted as all or part of a claim.
(iii) The certification shall state as follows: "I certify that the claim is made in good
faith; that the supporting data are accurate and complete to the best of my
knowledge and belief; that the amount requested accurately reflects the contract
adjustment for which the Contractor believes the Government is liable; and that I
am duly authorized to certify the claim on behalf of the Contractor."
INITIALS: 8
SOR GOVER ENT GSA FORM 3517C PAGE 19(REV 11/05)
(3) The certification may be executed by any person duly authorized to bind the Contractor
with respect to the claim.
(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in
writing by the Contractor, render a decision within 60 days of the request. For Contractor-
certified claims over$100,000, the Contracting Officer must,within 60 days, decide the claim
or notify the Contractor of the date by which the decision will be made.
(fl The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit
as provided in the Act.
(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the
Government is presented to the Contractor, the parties, by mutual consent, may agree to
use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the
Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific
reasons for rejecting the offer.
(h) The Government shall pay interest on the amount found due and unpaid from (1) the date
that the Contracting Officer receives the claim (certified, if required); or (2) the date that
payment otherwise would be due, if that date is later, until the date of payment. With regard
to claims having defective certifications, as defined in FAR 33.201, interest shall be paid
from the date that the Contracting Officer initially receives the claim. Simple interest on
claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act,
which is applicable to the period during which the Contracting Officer receives the claim and
then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during
the pendency of the claim.
(i) The Contractor shall proceed diligently with perFormance of this contract, pending final
resolution of any request for relief, claim, appeal, or action arising under the contract, and
comply with any decision of the Contracting Officer.
22. 52.275-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA(OCT 1997)
(Applicable when cost or pricing data are required for work or services over$500,000.)
(a) If any price, including profit or fee, negotiated in connection with this contract, or any cost
reimbursable under this contract, was increased by any significant amount becaus�
(1) The Contractor or a subcontractor fumished cost or pricing data that were not complete,
accurate, and current as certified in its Certificate of Current Cost or Pricing Data;
(2) A subcontractor or prospective subcontractor furnished the Contractor cost or pricing
data that were not complete, accurate, and current as certified in the Contractor's
Certificate of Current Cost or Pricing Data; or
(3) Any of these parties furnished data of any description that were not accurate, the price
or cost shall be reduced accordingly and the contract shall be modified to reflect the
reduction.
(b) Any reduction in the contract price under paragraph (a) of this clause due to defective data
from a prospective subcontractor that was not subsequently awarded the subcontract shall
be limited to the amount, plus applicable overhead and profit markup, by which—
(1) The actual subcontract; or
(2) The actual cost to the Contractor, if there was no subcontract, was less than the
prospective subcontract cost estimate submitted by the Contractor; provided, that the
actual subcontract price was not itself affected by defective cost or pricing data.
(c) (1) If the Contracting Officer determines under paragraph (a) of this clause that a price or
cost reduction should be made, the Contractor agrees not to raise the following matters
as a defense:
(i) The Contractor or subcontractor was a sole source supplier or otherwise was in a
superior bargaining position and thus the price of the contract would not have
been modified even if accurate, complete, and current cost or pricing data had
been submitted.
(ii) The Contracting Officer should have known that the cost or pricing data in issue
were defective even though the Contractor or subcontractor took no affirmative
action to bring the character of the data to the attention of the Contracting Officer.
INITIALS: &
LESSOR GOVER MENT GSA FORM 3517C PAGE 20(REV 11/05)
(iii) The contract was based on an agreement about the total cost of the contract and
there was no agreement about the cost of each item procured under the contract.
(iv) The Contractor or subcontractor did not submit a Certificate of Current Cost or
Pricing Data.
(2) (i) Except as prohibited by subdivision (c)(2)(ii)of this clause, an offset in an amount
determined appropriate by the Contracting O�cer based upon the facts shall be
allowed against the amount of a contract price reduction if—
(A) The Contractor certifies to the Contracting Officer that, to the best of the
Contractor's knowledge and belief, the Contractor is entitled to the offset
in the amount requested; and
(B) The Contractor proves that the cost or pricing data were available before
the "as of' date specified on its Certificate of Current Cost or Pricing
Data, and that the data were not submitted before such date.
(ii) An offset shall not be allowed if—
(A) The understated data were known by the Contractor to be understated
before the "as of' date specified on its Certificate of Current Cost or
Pricing Data; or
(B) The Government proves that the facts demonstrate that the contract
price would not have increased in the amount to be offset even if the
available data had been submitted before the"as of' date specified on its
Certificate of Current Cost or Pricing Data.
(d) If any reduction in the contract price under this clause reduces the price of items for which
payment was made prior to the date of the modification reflecting the price reduction, the
Contractor shall be liable to and shall pay the United States at the time such overpayment is
repaid—
(1) Simple interest on the amount of such overpayment to be computed from the date(s) of
overpayment to the Contractor to the date the Government is repaid by the Contractor at
the applicable underpayment rate effective for each quarter prescribed by the Secretary
of the Treasury under 26 U.S.C. 6621(a)(2); and
(2) A penalty equal to the amount of the overpayment, if the Contractor or subcontractor
knowingly submitted cost or pricing data that were incomplete, inaccurate, or
noncurrent.
23. 52.215-12 SUBCONTRACTOR COST OR PRICING DATA(OCT 1997)
(Applicable when the clause at FAR 52.215-10 is applicable.)
(a) Before awarding any subcontract expected to exceed the threshold for submission of cost or
pricing data at FAR 15.403-4, on the date of agreement on price or the date of award,
whichever is later; or before pricing any subcontract modification involving a pricing
adjustment expected to exceed the threshold for submission of cost or pricing data at
FAR 15.403-4, the Contractor shall require the subcontractor to submit cost or pricing data
(actually or by specific identification in writing), unless an exception under FAR 15.403-1
applies.
(b) The Contractor shall require the subcontractor to certify in substantially the form prescribed
in FAR 15.406-2 that, to the best of its knowledge and belief, the data submitted under
paragraph (a) of this clause were accurate, complete, and current as of the date of
agreement on the negotiated price of the subcontract or subcontract modification.
(c) In each subcontract that exceeds the threshold for submission of cost or pricing data at
FAR 15.403-4, when entered into, the Contractor shall insert either—
(1) The substance of this clause, including this paragraph (c), if paragraph (a)of this clause
requires submission of cost or pricing data for the subcontract; or
(2) The substance of the clause at FAR 52.215-13, Subcontractor Cost or Pricing Data—
Modifications.
INITIALS: 8
L OR GOVERN NT GSA FORM 3517C PAGE 21 (REV 11/05)
EXHIBIT A
PSNM Lower Level—
r=-�=�-==�=-�=-�=_�-�� Collections Storage Area
.
�i
•----�� �!_...._�..
�- -----�7.
.. _� � .�.. ;
;; ..� .. . - -;�
i� ��
;t
�,
t I�
,_..........................._.....,._._l�
.._..__......_..
� �
� Mechanical
� �3 Room
, �
�;:��.,� ;
; �
��._ .
_....._.�.....:::��{�-::::::::::::�::�.
;i � ._.
! Collections Storage Area ;
i:
�:
� : ................::•��.:j
i �=mm I}
` ;�Electrical�
: .
,�.m m. . . t, (; Room/ :
� �� Storage?i
.�
!: �;
;: �:-:�-:_:-_�;
:3��.... .�� .
�
:� �
3'y 1
3 i
�� l
i �`''�
f""'w.....e...... .................. ... ........~� � �.�/� {S
. �..._,,,_P' ; �t; .�� �
? ' � i [ :.�...., �
...,
' � 1 '�^;y^':
, � �� � €
� I �
i !. ....v.....__..-' I k1
� `;
Kitsap �`�"""
; Co er ce �
� C er
� te g �
; p.Ar
�
� KCC Storage
�;
�; ' of Bre rton
�� Par 8 . Dept.
`E E ui nt Stora e ='
q a s . � = Not Leased
�Ij �
�; �
>I � ���= Common Area
`}--......____.._ �
�
�
—il.. .. .�': .... ._ "'"J
PSNM First Floor—Lobby
.. .
..__.��_:' _ �.._.�...
and Exhibits
3......�......___.� "''''''''���.�
_�.;^:�"::<___....��)s t3 f. {.•.�:�:::-:w.�.:-::::^"'"��j
31 F `;
S � �
� j E
Sd i �
� j
�� °Her�tage Of 4 �..�� �
_� ExceUence � �
� ;� "Heritage of ,
' ` Excellence" `
' (� ��
y -
r...w.,�.:�::-:�•:��.m.� .
' Family �
�� Discovery ��� ,� �
�� Room l;�:�, I�
i,..._„ �� �
:1_...._......_.��,�_,..„,"°...,,........�:�:��? ..s� ..�.�...
. . ... ...,.... � �..,.... ��
�_ .� ;�
�. �
:: _ � !
.
. ,
' ' � PSNM
„ '
....i
� I Foundation �
�` _� Gift Shap
��"l:
� ��"
i ;
i ..........._..�....._....... ;
� �
� €� i
�
;....._._.._..�._..._...... ., �= i
�
; �
_......�...�..... ......... ..._...
�, ;... .._�._.__�...�._
(;"._.... 6 �5
V }
,
3j
. J
....�. ........_......... .....,,,...�: /'
. . ...........<. . '/
, .......,...., . ..._.
,
, � ...._
��..�.
F} '� ,�_.. �m.- .�gI
:.. � �` (� ���.._.��( ="Fi
�; � �., f �������_��€
:� � + � �s-'t•—�.i
a �� z :;
l ... � j
I;
Kitsap Con r ce Center
;
,
.
�
.;
' Fountain Room X= Not Leased
`�� � � ���� = Common Area
�
. ;
PSNM Second FloorL--
�.- --- Exhibits
�_.,.�__ ......_,..._.._
... . - ��
�._.....�._.Po_... ........ ._
West Galiery—
Temporary Exhibit 8 Dry Dock Theater
Programming Space �
� � _......_.._..___ ._._._..�.....�.�–� --
�---.-��
( Spec Ops
Submarines � �
�� ��— �`����-' ��� East Gailery--
Temporary
Exhibit Space
^ - '� �
� -�
I _ �� ^. j � �
._.._._.. !.� t_. � ._ __.__ '
... � '� � � --
�
�
�
�_._....r_--�
USS John C.
Stennls USS John C.
Stennis
� �,
__._... _ . �... � i
Men's �
Restroom ---�-���
• �Women's��
Restroom
_._.r:.. �"""`
- �� .
�..__. _
; o
�
�
�
�
i ._.._. ,�.___..__.
� �. ;
,`�
�''`�� ��//= Common Area
� '�, ����..
. -:
; ___�..._...r�rw�=��=-
; �
._._�._...�_.____._.�_�__ _
PSNM Third Floor—
Offlces
I �
�
�
,
___._.. Storage : -�-. . r
,, �
i8
ei
i� . �
i� �
4: !
w-wwuw�....... ..
a
i' ��� �
�
� �
.....�
-t�,
.._._..� .
� Staff Lounge �-.��..w. �. . . _ ..�.._.,;
; Reh Resea�ch 3 ;
� Lib�ary � ;
�_ = i =
j, - � � ,
�...,�. ` E
,
....:.. ,,... '
�
E
� �
� ... .. .. � 9
�._�...:�..W.-.,.-.�-�---- �
i'�-�-�--s
��I PSNM `.��"
PSNM Staff '""�������
� Foundation � ��
office �
i: �'I
��....__.._.__�r.__.1 . ......�...
.�
—L� .........._...,-...«� .... �..._......_..
� B
9 Exhibit Lab/ 4
Storage '
�. i
��
; �
� �}
i �
�........._.._........__...._......._...______....._..... ....._....,a�
__._..._.._..._..._...._....._...__�..�..._._..��
EXHIBIT ••g•'
SPECIAL CLAUSE
Acts of God and Extra-Ordinary Circumstances
a) If the building suffers significant structural damage or
any defect or significant deterioration that is beyond
general maintenance, the City may terminate the lease with
180 days ' notice to the Government . However, the
Government may opt to maintain its tenancy and avoid lease
termination by repairing the building at its own cost . In
the alternative, the parties may mutually agree to share
the cost of repairs . This special provision shall control
over General Clauses (2) and (3 ) .
Contract Number: ' 4706
Vendor: UNITED STATES OF AMERICA
Subject: Lease - Building 50 - Naval Museum N44255-10-RP00030
Department: City Clerk
File Class: LEG 12-1
Begin Date: 10/11/2010
End Date: 10/10/2011
Review Date: 8/1/2011
Vault Date:
Comments: Government renewal option w/30 day written notice
Extended 11/08 - 11/09 New Lease Issued 10/11/2010
,�+� �+�*�� ' DEPARTMENT OF THE NAVY
� � � NAVAL FACILITIES ENGINEERING COMMAND NORTHWEST
. � I^ 1 1 O1 TAUTOG CIRCLE
SILVERpALE, WA 983 1 5-1 1 01
\ /,
11011
RES.JP/lORP00030
�� � � ��
Mr. Gary Sexton
Special Projects Administrator
City of Bremerton
345 6 Street, Suite 600
Bremerton, WA 98337
� Dear Mr. Sexton:
Enclosed for your records is Navy Lease N44255-10-RP00030 for
Historic Building 50 (Puget Sound Navy Museum) located at the
Bremerton Waterfront Park plus joint use of the addition entry,
staircase, elevator, foyer, loading dock, and ingress and.egress
access points as existed on October 11, 2007.
If you have questions regarding the lease, please contact me
at (360) 396-0259.
Sincerely,
ES L. PYLES
Realty Specialist
Enclosure
. : DUPLlCATE ORIGINAL
STANDARD FORM 2
FEBRUARY 1965 EDITION U.S. GOVERNMENT
ADM NRSTRATION ES LEASE FOR REAL PROPERTY
FPR (41 CFR)1-16.601
DATE OF LEASE LEASE NO.
dune 3, 20�o N44255-10-RP00030
THIS LEASE, made and entered into this date by and between City of Bremerton whose address is 345 6th,
Suite 600 Bremerton, WA 98337, and whose interest in the property herinafter described as that of Owner,
herinafter called the Lessor and the iJNITED STATES OF AMERICA, hereinafter called the Government:
WTTNESSETH: The parties hereto for the considerations hereinafter mendoned, covenent and agree as
follows:
1. The Lessor hereby leases to the Government the following described premises:
The basement, first, second, and third floors of Historic Building 50 (Puget Sound Navy Museum) located
at the Bremerton Waterfront Park plus joint use of the addition entry, staircase, elevator, foyer, loading dock,
and ingress and egress access points as existed on October 11, 2007.
To be used for government purposes.
2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on
October 11, 2010 through October 10, 2011, subject to termination and renewal rights as may be hereinafter
set forth.
3. The Government shall pay the Lessor annual rent of $1.00 at the rate of $1.00 per year in arrears receipt
of which is hereby acknowledged.
4. The Government may terminate this lease at any time by giving at least 60 days notice, in writing, to the
Lessor and no rental shall accrue after the effective date of the ternunation. Said notice shall be computed
commencing with the day after the date of mailing.
5. This lease may be renewed at the option of the Government, for the following terms and at the
following rentals: at the same rental rate and under the same terms and conditions provided notice be given in
writing to the Lessor at least 30 days before the end of the original lease term or any renewal term; all other
terms and conditions of this lease shall remain the same during any renewal term. Said notice shall be
computed commencing with the day after the date of mailing.
ACCOUNTING CLASSIF[CA770N TO BE CHARG�D ISBURSEME
A. B. APPROPRIA- C. SUB- D. OBI. E. BU- F. G. H. 1. 1. K.
ACRN TION HEAD CLASS CONTROL SA AAA TT PAA COST CODE AMOUNT �
NA-------- ------ ----- ------ -- ------ -- ----- ------ -----
6. The Lessor shall furnish to the Government, as part of the rental condidon, the following:
a. Water and electrical service
b. Building systems and exterior maintenance
c. Grounds maintenance
d. Normal HVAC for public spaces
e. Provide museum personnel with keys for unlimited access to museum spaces.
£ Provide normal operational access to elevators, service areas, loading docks, and entry ways pertaining to
the premises.
7. The following aze attached and made a part hereof:
GSA Form 3517A General Clauses, Exhibit A- Floor Plans
8. The following changes were made to this lease prior to its execution: None
9. Using Activity: Paying Office:
Puget Sound Naval Museum NA
251 l Street
Bremerton, WA 98337
IN WTTNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date fust above
written.
LESSOR
BY �
G Sexton (Signature)
Special Projec Administrator for City of Bremerton
IN PRESENCE OF: �
e,� �• �v�--f-t.e .,��/� �'d`�f, �'�oo�e��c;a�t �11,�.��"l
(Signature) (Address)
UNTTED STATES OF AMERIC
BY �
Michael D. Brady
Real Estate Contractin Off er
GENERAL CLAUSES
(Simplified Leases)
(Acquisition of Leasehold Interests in Real Property for Leases Up to $100,000 Net Annual Rent)
1. The Govemment reserves the right, at any time after the lease is signed and during the term of the
lease, to inspect the leased premises and ail other areas of the buiiding to which access is
necessary to ensure a safe and healthy work environment for the Govemment tenants and the
Lessors performance under this lease.
2. If the building is partially or totally destroyed or damaged by fire or other casualry so that the leased
space is untenantable as determined by the Govemment, the Govemment may terminate the lease
upon 15 calendar days written notice to the Lessor and no further rental will be due.
3. The Lessor shall maintain the demised premises, including the building, building systems, and all
equipment, fixtures, and appurtenances fumished by the Lessor under this lease, in good repair
and tenantable condition. Upon request of the Contracting Officer, the Lessor shall provide written
documentation that building systems have been maintained, tested, and are operational.
4. In the event the Lessor fails to perform any service, to provide any item, or meet any requirement
of this lease, the Govemment may perform the service, provide the item, or meet the requirement,
either directly or through a contract. The Govemment may deduct any costs incurred for the
service or item, including administrative costs, from rental payments.
5. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (VARIATION) (DEC 2003)
This contract incorporates one or more clauses by reference, with the same force and effect as if
they were given in full text. Upon request, the Contracting Officer will make the full text available, or
the full text may be found as GSA Form 3517C at htta://www.asa.4ov/leasinpform.
6. The following clauses are incorporated by reference:
GSAR 552-203-5 COVENANT AGAINST CONTINGENT FEES (FEB 1990)
(Applicable to leases over $100,000.)
GSAR 552-203-70 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1999)
' (Applicable to leases over $100,000.)
FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (OCT 2003) (VARIATION)
FAR 52.209-6 PROTECTING THE GOVERNMENT'S 1NTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,
OR PROPOSED FOR DEBARMENT (JAN 2005)
(Applicable to leases over $25,000.)
FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JUL 2005)
(Applicable to leases over $500,000.)
FAR 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (JAN 1999)
(Applicable to leases over $500,000.)
GSAR 552.219-72 PREPARATION, SUBMISSION, AND NEGOTIATION OF
SUBCONTRACTING PLANS (JUN 2005)
(Applicable to leases over $500,000 if solicitation requires submission of the
subcontracting plan with initial offers.)
GSAR 552.219-73 GOALS FOR SUBCONTRACTING PLAN (JUN 2005)
(Applicable to leases over $500,000 if solicitation does not require
submission of the subcontracting plan with initial offers.)
INITIALS: 8 1"v
LESS GOVERNMENT GSA FORM 3517A PAGE 1(REV 11/05)
FAR 52.222-26 EQUAL OPPORTUNITY (APR 2002)
(Applicable to leases over $10,000.)
FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)
(Applicable to leases over $10,000.) '
FAR 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS
OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001)
(Appiicable to leases over $25,000.)
FAR 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)
(Applicable to leases over $10,000.)
FAR 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS,
VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS �
(DEC 2001)
(Applicable to leases over $25,000.)
FAR 52.232-23 ASSIGNMENT OF CLAIMS (SEP 1999)
(Applicable to leases over $2,500.)
GSAR 552.232-75 PROMPT PAYMENT (SEP 1999) .
GSAR 552.232-76 ELECTRONIC FUNDS TRANSFER PAYMENT (MAR 2000) (VARIATION)
FAC 90-33 NAVY DISPUTES CLAUSE (MAY 1996) ,
FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997)
Applicable when cost or pricing data are required for work or services over
500,000.)
FAR 52.215-12 SUBCONTRACTOR COST OR PRICING DATA (OCT 1997)
(Applicable when the clause at FAR 52.215-10 is applicable.)
The information collection requirements contained in this solicitation/contract, that are not required by
regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork
Reduction Act and assigned the OMB Control No. 3090-0163.
INITIALS: 8
L S GOVERNMENT GSA FORM 3517A PAGE 2(REV 11/05)
,.. ,� � . � . . , .
D -� ��� � � � _
.!: ��. .
� � ----�� �� �-- �
�
_ _ ____ ___ . , .
e� . : ���.� � .
.�
� ', ' I ;1-- - ` -__ .�- - F . � ' . � .
_ _ ' � _ � � , 4 .
�- - -- _ - � � _ �'' � r � _ �_ �' - - - - - 6
���-- _ ; " r . . .. . _ -�
', � : .� ', � � .. � . �. . ° �- :.
G . - _ .�_ -
�79 . - � -�- - ., i� i , _&- � � � p �
� �FF1�CE?E • :. f _ � _ _ � _ . - - - - �
4 -�} 8C(il!@&B ��'l� E . ' . . � ;, ,,, —� ' i
5'CFi ^ • . ., � .
��� �� -- ' -- �- - . . � �• • r� �
' ' -- - �W , _ -- � �p .. • " ' � .
- . „ �
�
�
� i
OFtLF` IS f� �• �`"•� ' ' • - _-
: � �� � ,�� J �_ 1
�.`'�
. ..�
��
�
_;l 1�
. � �lL �
""_ _ -- �.-�-�
U�'UI�JJ�I�tJJB U B ����� �9 ������--,_ -- ; � ` ��
_ �i
�J
�/�
N � . � � � � � � � �� � . _ .
o � �� � � � � .
�� n u�' a� s� u� �a et �' to
F F � .• �� � �
� , �� ' ; � � � � � �, t
� � � �� � � 4. � ' , r r u �
� r } ; r ------ ------ ' � � r � r' � r f � �
W'"' � � i �` � '� k.'G�2g; , �— __ _ _ �21f� ._� . ._ -k ' ; l c_�. � • � . � �'" �+ � . ' � . E ' .
l �� p r �
p R ! G i '�' F k . E '� 1 R:' . p . ` •
k C E k F � I � :'''�� t
- ,_ f � � F CA1L'-LEl3B �i. � � � �: ,�. • � � � _ � _ . �^�, -� ,..,
�� , _ _ ' ' _ _ _ . i � { . ' L; p := f _ �_',�' T _. � --�{ /p �.
� � ' � � F • v,�
, � �RNmHR1Y.2'� �r Y - �' P � �. • �' ' �
� _ s—' R � t � _�1�15 — � — • 8 � , - � j ' x _ � .
�. � � . ', � - - - .- . - --�---�.-- - �
�� ,
„ ' � r .
� k 6Afxl.EitY 2E • .f. , 1- P.
�- \t , - - ' . _- -�_-_- _ �' `�_.��� ~�� -� -�_ -. - ... ' �� W .
05ftC
��� � _ .___._ __ � _._ _ -_ - 7 _ . --_..._ .t A OPER T� %•� t' i . .
' ! � �_ BaQYE.= f'
"_ ____ __ _ ___ '__ � . . r �. - �
..
- -- --- - � �
— �R
������ ���� �� .
� 1�8 =f'-li� .
�v'iuseum lease premises� _ .- � _ .� Com�mon area
. r
� � � � ' � . .
t _ r•F s 'a .
� _ - - - - ` -. -- "_ ' , � � s a�: � � " T a � tia mi'
' .� � r � r ' �: . ' � ' � � �
} t& � �
1 � � � �
�' � ` t t t. 1 m� � t H, t L � P [ F F t
+ F 1 `�� -_-___ _ " �___ �- —_-_� '. rt � 1 � � � � C • 6'.+. � V
�� �
1� 6� R ^ �� � . , I ' { p � , � � F � ' �. F. � F
� ' � - -- OEU&fi�4 47N v_ � � [ k F . • . �
� � � , �' " _. ' --- --� -- ~ � � � � , k . � � � � '
6f . - p e r• ~ � - - — - - - � - � � - —�r - F - — t F - - — t* -- - —� - �- - - —�'
t � ��{ � =, - •6 � _ . � �' � - � . � � � __ -� ,
F- - -- - - —�
��� - � -- --�, � � � _�� � ---�----� --�---�-- �
, _ - . -- -� - -�,
cne�vi �" � �S • ^ ".E':'' • F �' A c �
�---- �.�� �� - ---� ; `� g ' ' _ _-�-__ _--�_ _�-_�-_, _ �
. � --�
' �, � � . , • R r � �
; :
: �a� � � ; ��,, ,•• � -_• � . ��
... .
.
� � � �- - - --�
� . ' . .
- - - - .
---- - - .
' iS : i ' � i i� r.
�AEEONM
� _ _ _ _ _ _ _ - '
_ .. . , . •� • .
� - - . _ _. . ' ' ' ' ' _ ' ' _.(� _ -'
�J'
�! 1 a 1 -
N . • F�tF��T ��d.a:[� I? LA..I�}} Ije c � -o . .
Museum lease premises =- _ � �ommon area
.a• . -
4 k
9 4i' � 6 �yA� 6[ 9% Q' H1,yh
t b' S " a � � � " � � � . P
� ,� _ F t
� �' p t f p 0. F 1 [ G
I � ' � � ' � r • r.
�- � ` --- F g -- -_ _ �� . °� �::� ' :" � � � �_ � t � � � � �
-� � [' `g -- _ � i � r R
� • I �, :B �-'"_'___k`_ . � r ` ffi:� RfANC f h _ . _ .�, _ _� � 4� �' 1 — —�
� r .
6 -
� ' � ,� `---_� -- -,-- -- '_ n ' � . 4 M . F - � 1� R �
. - ���^ t ~ � r I1 � � F . e p ( r
� : i 'r r •� ' • � l • , , � . ( � E . � F �
1�� ..� � � 4, � tr -
��/T _ .� � � � F _ �- y�- _ � _ ��f.�$� . � -` � � , ` W .
*; z; � �' i � � 5:11� . � � I M . t 0.: G �
IE� � � ��- - � �� ��� i � � - - - - - - � -- - - ---�
6 P ° � �- -- - c , 1 `< ` e�s2 � . � � .. � �`��'
P� 6 � :ti � �F �. P• ' F . 1 � !
l 1 � ._ _ � ., � � � ., �' � i� { �' — � '
n 6 � k F ' _ _
�� _ � 1 � � C. � � — . —�__ . — . — . _ _ _ _ — �
,� "" __ �—�_ ��_ Y — _ �L _ _..... � .6 — — I� _ _ t' _ _ t _ F _ _
h F F. F � . . j (' pp �.. '� � � tINE7t�9l�1 � � ` — �
'/ .C _ t _ _ 1 _� _ 6 � — t.' _�� �' —,�
��--- --�----�----�- , - - - -- ` - - - -- �� - . . . � ; - �
E � t ___t ,i 1 ' .. � � . E4k7M@ff -� � � � ,
° y� jF 7M! — �
C ; � r�t�Na��7i c � c �
J _ _ _ _ _ __ — _ "._ i 6 � . F , .. �.
�--- --- � � � � �
� I 1, f � 1� �
f �
` k — _ _ _ _ _ _ �
. � ' .
� . .
. � _ _ _ _ — _ _ _ _ _ —�• _
� � B,ASEME�1� PLA.N.
. �� ,�-��r��
. Museum lease premi�es � Common area
Contract Number: 4706
Vendor: UNITED STATES OF AMERICA
Subject: Lease - Building 50 - Naval Museum N44255-10-RP00030
Department: City Clerk
File Class: LEG 12-1
Begin Date: 10/11/2010
End Date: 10/10/2011
Review Date: 8/1/2011
Vault Date:
Comments: Government renewal option w/30 day written notice
Extended 11/08 - 11/09
New Lease Issued 10/11/2010 �
.
srnHOnqnww�z
�"�"'� � mON U.S.GOVERNMENT
��� LEASE FOR REAL PROPERTY
noMw�ar�
FPR (47 CFR) 7-t6801 ,
DATE OF LEASE LEASE NO. '
dune 3, zoto N44Z55-10-RP00030
THIS LEASE, made and entered into this date by and between City of Br�merton whose address is 345 6th,
Suite 600 Bremerton, WA 98337, and whose interest in the property herinafter described as that of Owaex,
hecinafter called the Lessor and the UNTI'ED STATFS OF AMERICA, hereinafter called the Government:
WITNFSSETH: The parties hereta for the considerations hereinafter men6oned, covenent and agcee as
follows:
1. The I.essor hereby leases to the Govemment the following described premises: ,
The basement, first, second, and thir�d tloors of Historic Bailding 50 (Puget 5ound Navy Museum) lacated
at the Bremerwn'Waterfxont Park plus joint use of the addition entry, staircase, elevator, foyer, loading dock,
and ingress and egress access poiats as existed on October 11, 2007.
To be used for govetntnent pnrposes.
2. TO HAVE AND TO HOLD the said premises with their appurtenaaces for the term beginning on
October 11, 2010 through October 10, 2011, subje,ct to termination and renewal rights as may be hereinafter
set forth.
3. The Government shall pay the L.essor annual zent of $1.00 at the rate of $1.00 per year in arrears receipt
of which is hereby aclrnowledgerl.
4. The Government may tera�inate tlris lease at aay time by giving at least 60 days notice, in writing, to the
Lessor and no rental shall accrue after the effecdve date of the tetmination. Said notice shall be computai
commencing with the day after the date of mailing.
5. This lease may be renewed at the optioa of the Government, for the following terms and at the
following rentals: at the same rental rate and under the same terms and conditions provided no6ce be given in
writing to the Lessor at least 30 days before the end of the original lease term or any renewal term; all other
tettns and conditions of this lease shall remain the same during any renewal term. Said notice shall be
computed commencing with the day after the date of mailing.
nccourrn►racawssmic�nowroaecwnaaen �aeurtsebs
A 6 APPROPRIM G SU& D.OBf. & BU- F. Q N. L ), K,
ACRN TION H6AD CLAS$ ppMRp� $A MA 7T PAA G'O37'pppg /�q7�
NA—� .._.._ � _.� _ � _ ..._ _�_ _._.
6. The Lessor shall furnish to the Government, as part of the rental condidon, the following:
a Water and electrical service
b. Building systems and exterior maintenance
c. Crrour►ds maintenance
d. Noimal HVAC for public spaces
e. Provide museum personnel with keys for unlimited access to museum spaces,
f. Provide nomial operadonal access to elevators, service areas; loading docks, and.entry ways pertaining to
the pt+emises.
7. The following are attached and made a part hereof:
C3SA Form 3517A General Clauses, Exhibit A- Floor Plans
8. The following changes were made to this lease prior to its execution: None
9. Using Actevity: Paying Office:
Puget Sound Navat Museum ' NA
251 1" Stneet
Bremerton, WA 98337
IlV WITNESS WHEItEOF, the parties her�to have hereunto subscribed their names as of the date first above
written.
LESSOR_� „�
BY L
G ton (Signature)
Special Projects Administrator for City of Bremerton
IN PRESENCE OF:
�yu- . i"'v- 3y�' d� Sr ,�$t�octs�v t,1�. f�'s3''J
(S��►�) (Aaa�s) ...
UNTTID STATES OF AMERIC/�
BY 1=/�! �!� (� �
Michael D. Brad
Real Estate Contractin O�cer
aeNFru� cwusEs
(8ImplNied L�eases)
(Aequisitlon of Leasehold {Mereats in Resf Property for Leases Up to 5100,000 Net Mnual ReM)
1. The Govemment reserves the right, at arty time aftar the lease Is s(gnad and during tl�e term of the
� leasa, to inspect lhe feased p�nises and ap Wkier ar�s of tfie buSldf�g to which access is
necessary to erreure a safe and healthy work environment far d�e Govemmer�t tenants and the
Lesaors pertortnance under this lease.
2. If the building is partially or totally destroyed or demaged by flre or ofher cesualty so that the leased
spaoe is untenantable as detemdned by the Govemmerrt, ttte GovemmeM may tem�inate the lease
upon 15 calendar days written nodce to the Lessor and no turtf►er rental will be due.
3. The Lessor shep malntain ihe demised premiees, iru9ud'mg the builcGng, buU�ng systems, and all
equipm�t, fatures, and appurtenanc�s fum� by fhe Lesaor under this lease, in good repair
and tensntable condition. Upon request of U�e Contracting Oflioer. the Lessor shall provide wrltten
docvmerrtation thai building syatems have been maintairred, tested, and are operational.
4. In the avent the Lessor fails to perfortn any service, to provide any Item, or rtreet any requirement
� of this lease, the Govemment may perform the serv)c�, provide the it�n, or mset the requiremeM,
either direcUy or through a coMract, The Gov�nmertt may dedud any c�sts fncurred for the
service or item, includng adminisbaUve coats, from rental paymeMs.
5. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (VARIATION) (DEC 2003)
This contrect incarporabes one or more clauses by reference, wiTh the same force and effect as H
tfie�y were pfven in fulf text. Upon reques� the Contractln8 Officer wiU meke the full text available, or
t#�e tup tead may be found as GSA Fam 3517C at httnJlwww.asa.aovlleasirtaform.
6. The following dauses are incorporated by reference: •
GSAR 552 203-5 COVENANT AGAINST CONTINGENT FEES•(FEB 1990)
(APPlicable to leeses over 5100.000.)
GSAR 552-203-70 PRICE AQ.IUSTAAENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1999)
(appi�ie to ��es w� s�oo,000.�
FAR 52.204-7 CENTRAL CONTRACTOR REOISTRATION (OCT 2003) (VARIATION)
FAR 52209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,
OR PROPOSED FOR DEBARMENT {JAN 2005}
(AppGcable to leases wer $25,000.)
FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JUL 2005j
(AppGcable to leases over $500,000.}
FAR 52.219-16 LIQUIDATED DAMAGES�SUBCONTRACTING PLAN (JAN 1999)
(App�cable io leases over 5500.000.)
GSAR 55221&72 PREPARATION, SUBMISSION, AND NEGOTIATION OF
SU$CONTRACT{PIG PLANS (JlfNf 2005)
(Applicable to leases over $500,000 H solicttation requires submission of the
subcotrtracdng plan wlfh initial offers.)
GSAR 552.219-73 GOALS FOR SUBCONTRACTING PlAN (JUN 2005)
(Appliceble to leases ove� $SUO,OUQ if solicttatlon does not require
submfssion af the subcontrac�ng plan with irtitiai offers.)
wirn�.s: _�� a �
�ESSOR �'r��C�/E•R1JMQif GSA FORM 3617A PAGE 1(REV 11lO5)
�
I
I
I
FAR 52.222-26 E�UAL OPPORTUNITY (APR 2002)
(Applicable to leases over $10,000.)
FAR 52.222-21 PROHIBiTION OF SEGREGATED FACILITIES (FEB 1999}
(ApPifceble W feas� over $10.000.)
FAR 52.222.35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS
OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001}
(AppBcabie to leases over $25,000.)
FAR 52.222-36 AFFIRMATNE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)
(Applicable to leases over $10,000.)
FAR 52.22237 EMPLOYMENT REPORTS ON SPECIAL DtSABIED VETERANS,
VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS
� DEC 2001)
Appiicable W leases o�r $25.000.)
FAR 52.232-23 ASSIGNMENT OF CLAIMS (SEP 1999)
(Applicable to leases over $2,500.)
GSAR 552.232-75 PROMPT PAYMENT (SEP 1999) .
GSAR 552.232-76 ELECTRONIC FUNDS TfiANSFER PAYMENT (MAR 2000) (VARIATION)
' FAC 9a33 NAVY DISPLITES CLAUSE (MAY 4996)
FAR 52215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 189�
AppUc�ble when cost or pridng data are required for work or services over
500.000.)
FAR 52215-12 SUBCOIYTRACTOR COST OR PRICING DATA (OCT 1997j
(App6c�ble when tt�e dause at FAR 52.215-10 is appficabfe.)
The infom�ation oopecdon req�rirements cantained in this solicitationlcontract, that are not required by
reguletlon, have been app►oved by the Offioe of Management and Budget pursuant to the Paperwork
Redudion Act and assigned the OMB Caiirol No. 3090-0163.
INfT1AL3: g �_
R GOVERNMENT GSA FORM 3577A PAGE 2(REV 11/OS)
'� + -
. � • .
p � '_ � ����4� �� �
! f..
; � � � � �' � r ' � � - � h t • � ` �
�_ . �. '� , . ���-' � � �
� l � t .. �� �r � � �� � �- � � � . , � :�,� . . .f �
:. : . -�---���-�-��- �
P �� • ��_ .
�— — � �['�[ •. �L � � . t •f. r � ..� F c �--�
V' 63�F �� ' �� �..� I � 1 ( � � . k
� —' ' ..°�' , � � �...�,: -:� �.� �:..�. :�� : '
s �` . •r • •' R �
. �— —"'— � �— — � . . •+� • � F �
� � � r � +. . ' . � �' •.. _�:::�'_�"v"J�"�.—a—F—:--- � .
. � � � � �, C l. �� L . � F e' ` .
�� -1_ .��_ y -.a�
�_ �-_--�-�.__,�- � _-1__T � '� L �� �� � � � ..—
� � �_ _—�
. , � .
-� : �-- . -�---�- a
�� � r' °.� � • r.
�---- ---�----�---�- �' � , � -�`� k - - - . - �- . - :. ---�o
� .� r r , Y ` � -� °� � � • . �.'� . +----�
.' " � «: "'� �v � � • � �
' — j -- --Q
t�.---- � � � � � �' � �� � � � . � ` .
,. , ,
� �� -�-- - ��� -�
; � . : --
. -�-- . "----------=------------� .
�� �
. � . Museum lease premises Common area
.
� � � � �� � s a a s s' - s i u
� ��. : � ! �� � .. �� � .. � �� �� .� �� � � �
. ..
A i �
tr �•. � o, � e r �
� [ [ E
D�'� �y,�� c i• � [ • t � 1
_._ •_ " J *} .
�r � � , � � r .. � � e � � �� 4� -:�,"•, , �
� � � r ' � . �,/�
. . — e — F — �_�— � _ � . � —'�_— -Z/
� vt � � •` � i ' � ' � �
- . _ � . _ —'l'J .
� F . �=,�=-.=--�-==-�-�--- - ----�.
o"� a a �� -4 r3� :: � r. � r
pw----- � �' ' � .� r _ _
-�.--=�, ---�----�--�-- �----.�-
z� ' ;�., .. � : � �� � � .
: p t
� � �. p , � 6 � �.� - -----U
.�� . �.
. � �
� . - • .. .. . . -- ----p
- �--�----�---�--=------------@
. 6 Q� ' . .
��srs
Museum lease premises Common area
t � `.: .
� �,: •:.
� �� � �� .. � • a . ~ . .o . s ■ �v a1 ■ � '--
� � � E� r � � ! �. ::� �::: .�'� . � . . �' � � � � . �'` �� �. .� , .
�.----� - , �-- ` . �.p,��#: °� ,�'. � .� . : � � �,w .. � �. � � : . .
1 � ! ► '. . t F ' � • R.'• .. ► 1 . 1 ' ' � . . .
� �� � ���, �' T� � !� f .
�' ��� _ _ �:. . p�'�^,r, ; r �_�'
�� • � .. •� ! i , �• • � `',•' • � .
�.-- -- — _ � � -�-- ::. °•� k' :�: --�—�-�- s
� ' _.- -3__..�_-= - e .
� fA��C p � - : • ► � . : W: R
Tr' Y • •• " , - ,
�----- -- — � --_-�-----..--�-�,---�:--� .
' ' 3 • � r ��a m� r ' ' • , ".
mw
' 2 � . � — s
' � ' � . ,
a
� � ' , • . . .
a.ar? .
, Museum lease premises � � Common area . .
, , . . �' � � �' � �I �
1V) � Y .
, I 1
I• �
. . I .. . � . ' '��
. I I _ , •y' • �
• ' .,,,:�.. �;. 1 I� �.�-"•:�,w '�
� �
i • "�
. . . , . , � i_ • 1 ,. I . �."` .
. � l ' � �,
. (�..-` _ . �`°'-� °- ' . : .
. .. . .. ; , .�...��, � . .' .
�. � ' c�- I �1` ��� .,. �
, .. • .. , . • � � �'I .. : r , r.�
j"�1.�r. s....fr r ,��r ..►+ ' .
v
' [�}w� � '
�v
. . � . . ' . .. . ', r•'
' .�� ....a.:
�+. r � . .. IY.:R. .
. . = •� , Y.' �
, . �. . \ .+� •
. � n .......a � .. •�
� 1 �M
� �
W
� � �
�--- - I � � . � �
� � �
i I � �
�...�.....___ � �
, , �
. �
� ��
i .
�
;
�
� ,
Contract Number: 4706
Vendor: UNITED STATES OF AMERICA
Subject: Lease - Building 50 - Naval Museum
Department: City Clerk
File Class: LEG 16 -3
Begin Date: 10/11/2007
End Date: 10/10/2010
Review Date: 09/01/2010
Vault Date:
Comments: Government renewal option w /30 day written notice
N4425509RPOOG01
i
STANDARDFORM 2
O6/2003 (NAVFAC NW Version) U. S. G OV E R N M E NT
GENERAL SERVICES
ADMINfSTRATION LEASE FOR REAL PROPERTY
FPR (41 CFR) 1-16.601
DATE OF LEASE LEASE NO.
N44255
THIS LEASE, made and entered into this date by and between
City of Bremerton
whose address is
345 6th, Suite 600
Bremerton, WA 98337
and whose interest in the property herinafter described as that of Owner, herinafter called the Lessor
and the UNITED STATES OF AMERICA, hereinafter called the Government:
WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenent and agree as follows:
1. The Lessor hereby leases to the Government the following described premises:
The basement, first, second, and third floors of Historic Buildmg 50 (Puget Sound Navy Museum) located at the Bremerton
Waterfront Park plus joint use of the addition entry, staircase, elevator, foyer, loading dock, and ingress and egress access points
as existed on October 11, 2007.
to be used for government purposes. �
2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on October 11, 2009
through October 10, 2010 , subject to termination and renewal rights as may be hereinafter set forth.
3. The Government shall pay the Lessor annual rent of $ 1.00 at the rate of $ �.00 Per year in arrears Rent for
lesser periods shall be pro-rated. Rent checks shall be made payable to: receipt of which is hereby acknowledged �
4. The Government may terminate this lease at any time by giving at least days notice, in writing, to the Lessor and no rental
shall accrue after the effective date of the termination. Said notice shall be computed commencing with the day after the date of
mailing.
5. This lease may be renewed ai the option of the Government, for the following terms and at the following rentals:
at the same rental rate and under the same terms and conditions
provided notice be given in writing to the Lessor at least 30 days before the end of the original lease term or any renewal term; all
other terms and conditions of this lease shall remain the same during any renewal term. Said notice shall be computed commencing
with the da after the date of mailin .
ACCOUNTING CLASSIFICATION TO BE CHARGED (DISBURSEMENT
A B APPROPRIA- C. SUB- D OBJ E BU- F. G. H 1. J. K
ACRN TfON HEAD CLASS CONTROL SA AAA TT PAA COSTCODE AMOUNT
6. The Lessor shall furnish to the Government, as part of the rental condition, the following:
a. Water and electrical service
b. Building systems and exterior maintenance
c. Grounds maintenance
d. Normal HVAC for public spaces
e. Provide museum personnel with keys for unlimited access to museum spaces.
f. Provide normal operational access to elevators, service areas, loading docks, and entry ways pertaining to the premises.
7. The following are attached and made a part hereof:
GSA Form 3517A General Clauses, Exhibit A- Floor Plans
8. The following changes were made to this lease prior to its execution: None
9. Using Activity: Paying Office:
Puget Sound Naval Museum
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written.
LESSOR
����'� -
BY
' nature) (Signature)
IN PRESENCE OF:
��` �� �` T'7�"(/
(Signature) (Address)
UNITED STATES OF AMERICA
� Director, Real Estate �� .�
BY �J
(Signature) (Official title)
i '
GENERALCLAUSES
(Simplified Leases)
(Acquisition of Leasehold Interests in Real Property for Leases Up to $100,000 Net Annual Rent)
1. The Government reserves the right, at any time after the lease is signed and during the term of the
lease, to inspect the leased premises and all other areas of the building to which access is
necessary to ensure a safe and healthy work environment for the Government tenants and the
Lessor's performance under this lease.
2. If the building is partially or totally destroyed or damaged by fire or other casualty so that the leased
space is untenantable as determined by the Government, the Government may terminate the lease
upon 15 calendar days written notice to the Lessor and no further rental will be due.
3. The Lessor shall maintain the demised premises, including the building, building systems, and all
equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair
and tenantable condition. Upon request of the Contracting Officer, the Lessor shall provide written
documentation that building systems have been maintained, tested, and are operational.
4. In the event the Lessor fails to perform any service, to provide any item, or meet any requirement
of this lease, the Government may perform the service, provide the item, or meet the requirement,
either directly or through a contract. The Government may deduct any costs incurred for the
service or item, including administrative costs, from rental payments.
5. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (VARIATION) (DEC 2003)
This contract incorporates one or more clauses by reference, with the same force and effect as if
they were given in full text. Upon request, the Contracting Officer will make the full text available, or
the full text may be found as GSA Form 3517C at http://www.QSa.qov/leasinqform.
6. The following clauses are incorporated by reference:
GSAR 552-203-5 COVENANT AGAINST CONTINGENT FEES (FEB 1990)
(Applicable to leases over $100,000.)
GSAR 552-203-70 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1999)
(Applicable to leases over $100,000.)
FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (OCT 2003) (VARIATION)
FAR 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,
OR PROPOSED FOR DEBARMENT (JAN 2005)
(Applicable to leases over $25,000.)
� FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JUL 2005)
(Applicable to leases over $500,000.)
FAR 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (JAN 1999)
(Applicable to leases over $500,000.)
GSAR 552.219-72 PREPARATION, SUBMISSION, AND NEGOTIATION OF
SUBCONTRACTING PLANS (JUN 2005)
(Applicable to leases over $500,000 if solicitation requires submission of the
subcontracting plan with initial offers.)
GSAR 552.219-73 GOALS FOR SUBCONTRACTING PLAN (JUN 2005)
(Applicable to leases over $500,000 if solicitation does not require
. submission of the subcontracting plan with initial offers.)
INITIALS: &
LESSOR GOVERNMENT GSA FORM 3517A PAGE 1(REV 11/05)
FAR 52.222-26 EQUAL OPPORTUNITY (APR 2002)
(Applicable to leases over $10,000.)
FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)
(Applicable to leases over $10,000.)
FAR 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS
OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001)
(Applicable to leases over $25,000.)
FAR 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)
(Applicable to leases over $10,000.)
FAR 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS,
VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS
(DEC 2001)
(Applicable to leases over $25,000.)
FAR 52.232-23 ASSIGNMENT OF CLAIMS (SEP 1999)
(Applicable to leases over $2,500.)
GSAR 552.232-75 PROMPT PAYMENT (SEP 1999)
GSAR 552.232-76 ELECTRONIC FUNDS TRANSFER PAYMENT (MAR 2000) (VARIATION)
FAC 90-33 NAVY DISPUTES CLAUSE (MAY 1996)
FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997)
(Applicable when cost or pricing data are required for work or services over
$500,000.)
FAR 52.215-12 SUBCONTRACTOR COST OR PRICING DATA (OCT 1997)
(Applicable when the clause at FAR 52.215-10 is applicable.)
The information collection requirements contained in this solicitation/contract, that are not required by
regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork
Reduction Act and assigned the OMB Control No. 3090-0163.
INITIALS: &
LESSOR GOVERNMENT GSA FORM 3517A PAGE 2(REV 11/05)
' �4�
.1�: � � i
t
G F � 9 �2 � t�'
� F � � .
f• p � [ 1 . I � '
c � Y
� , ' • s � �
g E '�' r u .
� � — ` � _—�' — � — - — — — —
rn�
�,�`�,'`°-- — — — r ; ` � � , �
' � � � �� ' _ �r�•
� � � ' � — — —
� r , -- �-- -- —�— �— � F— , 1 ,� r, i�
,t9� — T- —L"�i--- _ , � � " ' '"�' ; �
� NkSM , �
�i � �� i ortn io � . , ��7 . , — — — — — — — — — — � � 6,
Q1�09C'G , eQlBer '
� ! i �> . - ' i
��•ai. . , • � " "; i f , .
�ai� _ _ �� _ ' I w � � ' .
r ' I t . � . �� �
or<m�, ; , i �.--�� , ,
,� { , �
�
�
� .
".���� ��.Qi� ���1-��
�,' sc�a } ��,
u�ygo� ��.,,,�.,;—�
— (i �� L
``� , ,,�
m; -
..:_,-- �,
��=' :
� �_-ii
�_rr�1s! ; �
G^'_-` �
^��
�� �`-'J
,_ --i
l���J���f(�`� ���5� �f���B��� � �-_-.._-r
:�
�
H M 6` � �
� � ' �� 6 �. -
� t � ���
F � C,tiJ: 71 g}. "4t Se 5. �71� '8}' �9;, '49
� � � �' c � 'y-' � � �
C � `
� A �� . � I . :• � i
� 1- � � � . � ; � " � �, _ � . � �, �� I
R h � I �� , t I 1. I
�� " � K � � ` I TiYfLM1i�1{ Q !261 �F��' BiF� � k . .. f � � � �'.. � � C . �
� �R E
p R � 4 � B I k t _ .� � f 'A � 6 �. � I 6
� � � E � .��� � t� � � � .
k
r r.�i.a— _ ' — _ _ , r � I �' , p _ 1 t — _'_ ( � _ t ,Y ` — _[_`r — _, � — ! a, :
�� t '
; �� , � i �. ,� � � �
�'kN�2ff �' • ,'��'{�, K . , h , ' F , t� � ' 9 ;
�a'��,— _ _ _ ' , � _ �— — � _ — _ . , p .
�;�.
� ��, � - � � .�� -
srnuc � y — — — — — �—�—�— — �
. �� � .
, k sa��ea� 2� ,w ar� i � _ k. P.
T � Nf6N8,
[;.}t.,—_. _ _ — — r. L6�R'F ZW �ShmS �, , � � ' — � _ — _ . . _ —� _� ' ' W
�Si7F' _ �
� �i . ' I f. 0@F1¢' TOl'� '• �. t' 4 ,
� � _ � Y � BECfibY[—�" .
� t _
� �� (H ;
I'
k �
_ _ _ �.'
. ��Co�C`55P �H_l`kV'� �6./'.� '
� 1/8 =if-1Y
�duseum I�ea�se premises c�arn�mon area
> �
� � � � --
t � � � . ���}}}
� � � � Z' • 3 A ; 5: � .6: ' 7' &. , 9s � hC6 �MI �
� � P � � �
d � � �EI4Y'tH � 4 , � ' i
G , , �
{ � k r
� e r rm• r c, �, H i , e w �; r
���-- — ` — ' - , _ ° ' s �� � �
�-� �� � �� � ' . � � N � � � � � ., � �
! [ C f, �, • K " � 1 i . � f 4 F , 6. b
� �1 � � � � 66LGERA71N1 � P k � � �; I�� �
b �' �- ��� � '�; t �� 1
, , � . �r � � � [ �
E 1 � k r � � o�°seb• �rl�us. . �^ �S � - � H»� • � _ — � _ F _ — � _ � _ — _ -- r — _ _ — _ — �
�+ [iW{fSM' �� ' i
� �� �' �a. r- '��'� � �' � �: � � P,5 .
� �- ` ��" — -
r � ' �� � &� ` . —� — — , - — — — — — — — � — — — `�
' u �f� � —�� —�— —�—�— —�
cae�� i �� cunuts � E•.�� r K' n c
�, m a�raas+ : �
� _ causeta�•�m � � � — , — ,� — — .� — — — � — � —� � � � — —
� —�
� � G
ea�s . � ' p : e R < < � r
csac����• ��, , � ^ , i ; � eoee�
# � " � � � � �— — ----(�
� i" i i i� t
� on�earia•
— . i •
i ,
• ii •
, � , - - - - --- - - � ----�a}
_- _ � " , . � � �
.� , �
�
�
� �
_ - - - -. - - - - - - - --a
�_ ` - {�- _.
�-� �-;-�l-�;--r-�-i � �-
t_ � t , J _��_
� � ErR'�T �'•L�a.R� P 'LAR} -
N SGlE ��8._��-0.
�/luseum lease premises �omrnon area � �
�.a , . ,
4 'a {� �' �; � p;u� � � 10A' �l:F�
9 h '�7 � � � i � , 8� ',91 , - .,, �
� � � `
. f F � C. F I [ G
B P f
!A:•� — _ rp 'P p[ Fg . U �,. F ' � 6 r ., G ` � � i �, `'� f• I!
l 4
� ! C li � �. V � 6 I � P Ip F k P • j E {p
_ u _ _ _ � [ — � _ _ � �— � I• � "— — — F
p � , 1, � 8R Fa�n cP caNC' [
�+" . ti [ Al& NICR6�,, 7 ;, t � !�i F h �. I k I, t � �,
� ' k�� ' , ' 't (
b L%&CI!lIE1ffi E
G'` _ ._ � — � _ _ �b _ ` — C(�EhECiIONS � ' � t r .. � . i � �. � �, � � ' ' u t � ' E .
r" C ( �«
�. ` C r � r r 1 �RA1� ' C 1 M I Y�. ' li 4
� � ' � 1, � .';� �'. p �
� ' ' - I — + — � — ----�:
� � u ' '�' . . � _�_�_�_�_ � � .
r � o c� . ��� ,'
� ! � � E � . , �' ., ��� �' � 4 F ' C ' _ , _� ! _
�.� ' IF 6 � • . � _ �
� :xF 1 .�,. � •L . t _ , —L_ _ 9141RR101L&t . , � , — 7 — — — �I "
t �—�— p � _ x 1 _ _— �_ _ : � �iARSt'. 6 _ _ f _ _ t _ _ r _ 6 _ _ ^ __
11 � � � � �
� ``— � _ �
� 7 r L I• ; F F E�}' E44 � 1 ,
, ,: , " .k�F - � _ t _ _ � tlNFI_� — i , — F; —�',
�,�_ �_�}_�_�_ ; � - �� '' . . --
uv� � ��
�-- ; -�-�,
F � t C ' .. , , � R6NdTd7 , W11NM 6 �KftEF�U , � � � i ' I �
I � �:: M �' � � i c � — — � � � — —
,j _ ' " �, I, � I � I' _ . � _ � ,
� I I• F I I' � �
4 i
� �' — — — — — — — ----�
� '
t
�— --- — — — --— — — ----�.
N •BASEMEN� f?LAN F � �
Mu�s�eu�rn leas�e prem�i��es Cornrno�n a�rea `�
Contract Number:
Vendor:
Subject:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
Comments:
4706
UNITED STATES OF AMERICA
Lease - Building 50 - Naval Museum
City Clerk
LEG 16-3
10/11/2007
10/10/2009
09/01/2009
Government renewal option w/30 day written notice
N4425509RPOOGOl
Extended 11/08
'"W
STANDARD FORM 2
06/2003 (NAVFAC NW Version)
GENERAL SERVICES
ADMINISTRATION
FPR (41 CFR) 1-16.601
U.S.GOVERNMENT
LEASE FOR REAL PROPERTY
I LEASE NO.
N4425509RPOOGO 1
THIS LEASE, made and entered into this date by and between
DATE OF LEASE
tI/l $f IUJog
City of Bremerton
whose address is
345 6th Street, Suite 600
Bremerton, WA 98337
and whose interest in the property herinafter described as that of Owner, hereinafter called the Lessor
and the UNITED STATES OF AMERICA, hereinafter called the Government:
WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenent and agree as follows:
1. The Lessor hereby leases to the Government the following described premises:
The basement, first, second, and third floors of Historic Building 50 (Puget Sound Navy Museum) located at the Bremerton
Waterfront Park plus joint use of the addition entry, staircase, elevator, foyer, loading dock, and ingress and egress access points
as is on October 11,2007.
to be used for government purposes.
2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on October 11,2008
through October 10, 2009 ,subject to termination and renewal rights as may be hereinafter set forth.
3. The Government shall pay the Lessor annual rent of $ 1.00 at the rate of $ 1.00 per year in arrears. Rent for
lesser periods shall be pro-rated. Rent checks shall be made payable to: Receipt of which is hereby acknowledged
4. The Government may terminate this lease at any time by giving at least 90 days notice, in writing, to the Lessor and no rental
shall accrue after the effective date of the termination. Said notice shall be computed commencing with the day after the date of
mailing.
5. This lease may be renewed at the option of the Government, for the following terms and at the following rentals:
provided notice be given in writing to the Lessor at least 30 days before the end of the original lease term or any renewal term; all
other terms and conditions of this lease shall remain the same during any renewal term. Said notice shall be computed commencing
with the day after the date of mailina.
A. B. APPROPRlA-
ACRN nON
ACCOUNTING CLASSIFICATION TO 8E CHARGED (DISBURSEMENTI
C. SU8- D.081. E.8U- F. G. H. I. 1.
HEAD' CLASS CONTROL SA AAA IT PAA COST CODE
K.
AMOUNT
6. The Lessor shall furnish to the Government, as part of the rental condition, the following:
a. Water and electrical service
b. Building systems and exterior maintenance
c. Grounds maintenance
d. Normal HVAC for public spaces
e. Provide museum personnel with keys for unlimited access to museum spaces.
f. Provide normal operational access to elevators, service areas, loading docks, and entryways pertaining to the premises.
7. The following are attached and made a part hereof:
Exhibit A - Floor Plans, GSA Form 3517 A General Clauses
8. The following changes were made to this lease prior to its execution:
9. Using Activity:
Puget Sound Navy Museum
Paying Office:
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written.
LESSOR
(i~
~ (S;gnatu",)
IN PRESENCE OF:
BY
(Signature)
(Signature)
(Address)
UNITED STATES OF AMERICA
.~
By<~pr) . ~-
. ature)
Real Estate Contracting Officer
(Official title)
Contract Number:
Vendor:
Subject:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
Comments:
4706
UNITED STATES OF AMERICA
Lease - Building 50 - Naval Museum
City Clerk
LEG 16-3
10/11/2007
10/08/2008
09/01/2008
Government renewal option w/30 day written notice
\
.,
.
.
STANDARD FORM 2
06/2003 (NAVFAC NW Version)
GENERAL SERVICES
ADMINISTRATION
FPR (41 CFR) 1-16,601
U.S.GOVERNMENT
LEASE FOR REAL PROPERTY
I LEASE NO.
N4425508RPOOG02
THIS LEASE, made and entered into this date by and between
DATE OF LEASE
MAR 2,4 2008
City of Bremerton
whose address is
345 6th Street, Suite 600
Bremerton, WA 98337
and whose interest in the property herinafter described as that of Owner, herinafter called the Lessor
and the UNITED STATES OF AMERICA, hereinafter called the Government:
WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenent and agree as follows:
1. The Lessor hereby leases to the Government the following described premises:
The basement, first, second, and third floors of Historic Building 50 (Puget Sound Navy Museum) located at the Bremerton
Waterfront Park plus joint use of the addition entry, staircase, elevator, foyer, loading dock, and ingress and egress access points
as is on October 11, 2007.
to be used for government purposes.
2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on October 11, 2007
through October 10, 2008 ,subject to termination and renewal rights as may be hereinafter set forth.
3. The Government shall pay the Lessor annual rent of $ 1.00 at the rate of $ 1.00 per year in arrear Rent for
lesser periods shall be pro-rated. Rent checks shall be made payable to: Receipt of which is hereby acknowledged.
4. The Government may terminate this lease at any time by giving at least 90 days notice, in writing, to the Lessor and no rental
shall accrue after the effective date of the termination. Said notice shall be computed commencing with the day after the date of
mailing.
5. This lease may be renewed at the option of the Government, for the following terms and at the following rentals:
provided notice be given in writing to the Lessor at least 30 days before the end of the original lease term or any renewal term; all
other terms and conditions of this lease shall remain the same during any renewal term. Said notice shall be computed commencing
with the dav after the date of mailina.
A. B. API'ROPRIA-
ACRN nON
C. SUB-
HEAD
ACCOUNTING CI.ASSIFlCA TlON TO BE CHARGE[)(DISHURSEMENTl
D. OBJ. E. llU- F G. H. I. J.
CLASS CONTROL SA AAA 'IT PAA COST CODE
K.
AMOUNT
-
-
6. The Lessor shall furnish to the Government, as part of the rental condition, the following:
a. Water and electrical service
b. Building systems and exterior maintenance
c. Grounds maintenance
d. Normal HVAC for public spaces
e. Provide museum personnel with keys for unlimited access to museum spaces.
f. Provide normal operational access to elevators, service areas, loading docks, and entryways pertaining to the premises.
7. The following are attached and made a part hereof:
Exhibit A - Floor Plans, GSA Form 3517A General Clauses
8. The following changes were made to this lease prior to its execution:
9. Using Activity:
puget Sound Navy Museum
Paying Office:
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written.
LESSOR
BY Qa(A4
Signature)
(Signature)
IN PRESENCE OF:
(Signature)
(Address)
UNITED STATES OF AMERICA
Bye- \ qu 0 '(~
~ature)
Rcal Estate Contracting Otliccr
(Official title)
-
~
v
GENERAL CLAUSES
(Simplified leases)
(Acquisition of leasehold Interests in Real Property for leases Up to $100,000 Net Annual Rent)
1. The Government reserves the right, at any time after the lease is signed and during the term of the
lease, to inspect the leased premises and all other areas of the building to which access is
necessary to ensure a safe and healthy work environment for the Government tenants and the
Lessor's performance under this lease.
2. If the building is partially or totally destroyed or damaged by fire or other casualty so. that the leased
space is untenantable as determined by the Government, the Government may terminate the lease
upon 15 calendar days written notice to the Lessor and no further rental will be due.
3. The Lessor shall maintain the demised premises, including the building, building systems, and all
equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair
and tenantable condition. Upon request of the Contracting Officer, the Lessor shall provide written
documentation that building systems have been maintained, tested, and are operational.
4. In. the event the Lessor fails to perform any service, to provide any item, or meet any requirement
of this lease, the Government may perform the service, provide the item, or meet the requirement,
either directly or through a contract. The Government may deduct any costs incurred for the
service or item, including administrative costs, from rental payments.
5. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (VARIATION) (DEC 2003)
This contract incorporates one or more clauses by reference, with the same force and effect as if
they were given in full text. Upon request, the Contracting Officer will make the full text available, or
the full text may be found as GSA Form 3517C at http://www.qsa.qov/leasinqform.
6. The following clauses are incorporated by reference:
GSAR 552-203-5 COVENANT AGAINST CONTINGENT FEES (FEB 1990)
(Applicable to leases over $100,000.)
GSAR 552-203-70 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1999)
(Applicable to leases over $100,000.)
FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (OCT 2003) (VARIATION)
FAR 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,
OR PROPOSED FOR DEBARMENT (JAN 2005)
(Applicable to leases over $25,000.)
FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JUL 2005)
(Applicable to leases over $500,000.)
FAR 52.219-16 LIQUIDATED DAMAGES-SUBCONTRACTING PLAN (JAN 1999)
(Ai?plicable to leases over $500,?00.)
GSAR 552.219-72 PREPARATION, SUBMISSION, AND NEGOTIATION OF
SUBCONTRACTING PLANS (JUN 2005)
(Applicable to leases over $500,000 if solicitation requires submission of the
subcontracting plan with initial offers.)
GSAR 552.219-73 GOALS FOR SUBCONTRACTING PLAN (JUN 2005)
(Applicable to leases over $500,000 if solicitation does not require
submission of the subcontracting plan with initial offers.)
INITIALS: &
lESSOR
GOVERNMENT
GSA FORM 3517A PAGE 1 (REV 11/05)
8
ta
~
FAR 52.222-26 EQUAL OPPORTUNITY (APR 2002)
(Applicable to leases over $10,000.)
FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)
(Applicable to leases over $10,000.)
FAR 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS
OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001)
(Applicable to leases over $25,000.)
FAR 52.222-36 AFFIRMATivE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)
(Applicable to leases over $10,000.)
FAR 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS,
VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS
(DEC 2001)
(Applicable to leases over $25,000.)
FAR 52.232-23 ASSIGNMENT OF CLAIMS (SEP 1999)
(Applicable to leases over $2,500.)
GSAR 552.232-75 PROMPT PAYMENT (SEP 1999)
GSAR 552.232-76 ELECTRONIC FUNDS TRANSFER PAYMENT (MAR 2000) (VARIATION)
FAC 90-33 NAVY DISPUTES CLAUSE (MAY 1996)
FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997)
(Applicable when cost or pricing data are required for work or services over
$500,000.)
FAR 52.215-12 SUBCONTRACTOR COST OR PRICING DATA (OCT 1997)
(Applicable when the clause at FAR 52.215-10 is applicable.)
The information collection requirements contained in this solicitation/contract, that are not required by
regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork
Reduction Act and assigned the OMB Control No. 3090-0163.
INITIALS:
&
lESSOR
GOVERNMENT
GSA FORM 3517A PAGE 2 (REV 11/05)
~-
~;9"'~_:
t!*"
f
,
r
I --
I '
I' ,
~~--- ,
T
"
TT
t-
.' ~
11;
W.l l
, ;~ t.
",t ~
, r
, ,
, Gl!
--- ~~-r---
:. 0-: ':' t
" \ .
--< . .
'.',
OHI~~ III
09'L:r
~ID' !flOOR I?tAN'
. ,
Museum lease premises
i
i
:i
ltQ!9f-Vr
l" ,'. " "
..
. ,
'----'- ,---~._----------0
f ' '
_______ Ii:
I
rOF1
e
e
rrI
><
:c
-
CO
-
-i
)>
T Trl T rr ! 11 T .. .
r ' , I ni I i I ! [, I I" ~I I
, , d I I r: t t r
~--1, - ~~ t--It~~~ ~
" ' ' ,I I ~ ~ t
g9:----~ -__ :_ . : : t
, P-
I ~..A;~ 2t1 ~.
~_ I
---- - ..l sa'A~.~_ ~ ~
~. f . I
. ,
~---'
.ft
II'
-" (!:
GACLEflY 2f:
((]IE}
IlfI
..-r-0I/0I TV>': -"
"" 8El6W':.../
- [ ,
-0
--
~~CO'.N;D fLOO~ PlAN1
ljB'=r.'-r1
Museum lease premises
Common area ~
\. r 1. T 11 ~r I f r r Iii ! i
:, , ,i 'f ," ti i ' I' I, ' I' '" 1
~--,>---:!--~ , ! 'I, I,'.!.:! ! ~ ! J ! !
, r: , II 11m t . i."H'J" f '" '! I ~M'. I f I I .~ I I
!J:~tlIl:' r ;;; r! i~~~~~, . . ~ '" ',\~~ ~;.,' i-l-rl'1:-rT----e
=--- ,~ ~ ~ ~ "" ~" --~
~- L Tf I' '.wa '- -.~,'~; --~-L----L----L-L-~-J----~
I lW~el ' IRS- ' 'l.)\J~:~ "'::'" r ,'. - t
~-_\.--===4= '- GA~~ &g:, ~ 'i~_~_+~~_+-~__J__~_,_~____~
- J' -. r ",- '_ ",,
c--- ~,'- -C"-< :,: - ~ t ~ ~ I ~b--~'---------0
..~ ;. ;~. . I I ,t t" I
,- - J , L J 1 l D 8ALCOO~ l ~ - - - -0
e
G.ll:L.Ef!I!t'lE-
QO!lD.
-I I I
,. ,-
--r -I i
~. : ~I
I -,
-'i'--- I -'~
-1 ''-l-k ~ _ j' _______.-----------------~
' "J-J.d::J;:' t II
~, *'kL~-fuEFrilllT
-, c:t+:~~~=! rtL~-~t[tr
--"- -'-~.:._:_:::_::t.=:L_~
fit
I.
o --'"
~FIiR.ST 1fL00R PLAN
~SCAl.L '/8",,'-0'
Museum lease premises
Common area ,'"
I.,j.
~~-
~-
r T'TT T
fi>-- Ul. ! .~ If.
tit
~.
8>---
1_
'. ----0
e
~~SEMENl PLAN
1/9l-;!:1'.-O',
Museum lease premises
Common area """