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  6. CD-2021-11

Class deviation CD-2021-11: GSAR Class Deviation - Updated GSAR Leasing Clauses

CD-2021-11
September 16, 2022
MEMORANDUM FOR PBS LEASING CONTRACTING ACTIVITIES
FROM AND DIGITALLY SIGNED BY: Jeffrey A. Koses, Senior Procurement Executive, Office of Acquisition Policy
SUBJECT: GSAR Class Deviation - Updated GSAR Leasing Clauses

On this page:

  1. Purpose.
  2. Background.
  3. Authority.
  4. Applicability.
  5. Deviation.
  6. Effective date.
  7. Point of contact.
  8. Attachments.

1. Purpose.

This memorandum approves a class deviation to the General Services Administration Regulation (GSAR) at Subpart 552.270 to provide updated clause language for lease procurements.

2. Background.

As part of an on-going review of acquisition policies across the agency, GSA has identified the need to consolidate, update, and revise policy to fulfill statutory and executive order requirements, meet the needs of evolving acquisition programs and ensure more consistency with Acquisition Regulations. Policy rewrite efforts have largely been completed for the FAS Federal Supply Schedule (FSS) Program [1] and the PBS Construction Program [2].

This deviation is one of several updates planned to separately address the needs of PBS leasing contracts and update GSAR Part 570 text. This deviation is focused on incorporating existing lease guidance reflecting non-complex updates to provisions and clauses that were previously implemented through internal PBS policies and is an interim step towards a full policy update.

Lease Acquisition Circular LAC-2012-02, issued by the Office of Leasing on June 1, 2012, updated templates reflecting changes to certain lease clauses and paragraphs implemented through the PBS Lease Reform Initiative. These clauses and paragraphs, which have been subsequently updated through multiple Office of Leasing policy issuances since 2012, are not consistent with the text in GSAM 570. GSAM 501.404 requires the Senior Procurement Executive (SPE) to approve class deviations to the FAR or GSAR.

Pursuant to GSAM 501.404, this class deviation aligns the following updated leasing clauses for compliance with the GSAR and satisfies the SPE approval requirement:

Leasing clause titleLast revision by leasingGSAR clause titleLast revision by GSAR
Subletting and AssignmentJanuary 2011GSAR 552.270-5, Subletting and AssignmentSeptember 1999
Maintenance of the Property, Right to InspectApril 2015GSAR 552.270-6, Maintenance of Building and Premises—Right of EntrySeptember 1999
Fire and Casualty DamageJune 2016GSAR 552.270-7, Fire and Casualty DamageJune 2011
Compliance with Applicable LawJanuary 2011GSAR 552.270-8, Compliance with Applicable LawJanuary 2011
ChangesMarch 2013GSAR 552.270-14, ChangesJune 2011
Liquidated DamagesJune 2012GSAR 552.270-15, Liquidated Damages September 1999
Adjustment for Vacant PremisesOctober 2017GSAR 552.270-16, Adjustment for Vacant Premises June 2011
Delivery and ConditionJanuary 2011GSAR 552.270-17, Delivery and ConditionSeptember 1999
Integrated AgreementJune 2012GSAR 552.270-27, Integrated AgreementSeptember 1999
Acceptance of Space and Certificate of OccupancyApril 2015GSAR 552.270-29, Acceptance of Space June 2011

The following clauses will be addressed separately:

  • GSAR 552.270-4 Definitions
  • GSAR 552.270-10 Failure in Performance
  • GSAR 552.270-18 Default in Delivery - Time Extensions
  • GSAR 552.270-20 Payment
  • Other Local PBS Leasing Clauses, as appropriate

3. Authority.

This class deviation is issued under the authority of FAR 1.404 and General Services Administration Acquisition Manual (GSAM) 501.404.

4. Applicability.

This class deviation applies to PBS Leasing.

5. Deviation.

See Attachment A for the changes in the GSAR text as revised by this deviation. See Attachment B for a clean version of the new GSAR text.

6. Effective date.

This deviation is effective immediately and remains in effect until rescinded or incorporated into the GSAR.

7. Point of contact.

Any questions regarding this deviation may be directed to GSARPolicy@gsa.gov.

8. Attachments.

  • Attachment A – GSAR Deviation Text, Line-In/Line-Out
  • Attachment B – Clean Version of GSAR Deviation Text

Attachment A – GSAR Deviation Text, Line-In/Line-Out

GSAR Baseline: Change 155 effective 08/30/2022

  • Additions to baseline made by proposed rule are indicated by [bold text in brackets]
  • Deletions to baseline made by proposed rule are indicated by strikethroughs
  • Five asterisks (* * * * *) indicate that there are no revisions between the preceding part and/or subpart, and following section
  • Three asterisks (* * *) indicate that there are no revisions between the material shown within a section or subsection

PART 552 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES

* * * * *

Subpart 552.000 Scope of part.

* * * * *

Subpart 552.2 - Text of Provisions and Clauses

* * * * *

552.270-5 Subletting and Assignment [(DEVIATION)].

SUBLETTING AND ASSIGNMENT (SEP 1999)[(SEP 2022) (DEVIATION)]

The Government may sublet any part of the premises but shall not be relieved from any obligations under this lease by reason of any such subletting. The Government may at any time assign this lease, and be relieved from all obligations to Lessor under this lease excepting only unpaid rent and other liabilities, if any, that have accrued to the date of said assignment. Any [subletting or] assignment shall be subject to prior written consent of [the] Lessor, which shall not be unreasonably withheld.

(End of clause)

552.270-6 Maintenance of [the Property] Building and Premises- Right [to Inspect] [(DEVIATION)].

MAINTENANCE OF [THE PROPERTY] BUILDING AND PREMISES —RIGHT [TO INSPECT] (SEP 1999) [(SEP 2022) (DEVIATION)]

Except in case of damage arising out of the willful act or negligence of a Government employee, [The] Lessor shall maintain the [property] 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 so that they are suitable in appearance and capable of supplying such heat, air conditioning, light, ventilation,[safety systems,] access and other things to the premises, without reasonably preventable or recurring disruption, as is required for the Government’s access to, occupancy, possession, use and enjoyment of the premises as provided in this lease.

[(a)] For the purpose of so maintaining the premises, the Lessor may at reasonable times enter the premises with the approval of the authorized Government representative in charge.

[(b) Upon request of the Lease Contracting Officer (LCO), the Lessor shall provide written documentation that building systems have been properly maintained, tested, and are operational within manufacturer’s warranted operating standards.

(c) The Lessor shall maintain the premises in a safe and healthful condition according to applicable OSHA standards and all other requirements of this lease, including standards governing indoor air quality, existence of mold and other biological hazards, presence of hazardous materials, etc.

(d) The Government shall have the right, at any time after the lease award date and during the term of the lease, to inspect all areas of the property to which access is necessary for the purpose of determining the Lessor’s compliance with this clause.]

(End of clause)

552.270-7 Fire and Casualty Damage [(DEVIATION)].

FIRE AND CASUALTY DAMAGE (JUN 2011) [(SEP 2022) (DEVIATION)]

If the entire premises are

[(a) If the building in which the premises are located is totally] destroyed by fire or other casualty[damaged by fire or other casualty], this lease [shall] will immediately terminate. In case of partial destruction.

[(b) If the building in which the premises are located are only partially destroyed] or damage[d], so as to render the premises untenantable, as determined by the Government, the Government may terminate the lease by giving written notice to the Lessor within 15 calendar days after such determination; if so terminated, no rent will accrue to the Lessor after such partial destruction or damage; and if not so terminated, the rent will be reduced proportionately by supplemental agreement hereto effective from the date of such partial destruction or damage. [or not usable for their intended purpose:
    (1) The Lessor shall have the option to elect to repair and restore the premises or terminate the lease.
    (2) Unless otherwise approved by the Lease Contracting Officer, the Lessor shall be permitted a reasonable amount of time, not to exceed 270 days from the event of destruction or damage, to repair or restore the premises, provided that the Lessor submits to the Government a reasonable schedule for repair of the premises within 60 days of the event of destruction or damage.
      (i) If the Lessor fails to timely submit a reasonable schedule for completing the work, the Government may elect to terminate the lease effective as of the date of the event of destruction or damage.
      (ii) If the Lessor elects to repair or restore the premises, but fails to repair or restore the premises within 270 days from the event of destruction or damage, or fails to diligently pursue such repairs or restoration so as to render timely completion commercially impracticable, the Government may terminate the lease effective as of the date of the destruction or damage.
    (3) During the time that the premises are unoccupied, rent shall be abated. Termination of the lease by either party under this clause shall not give rise to liability for either party.]
    [(4)] Nothing in this lease shall be construed as relieving Lessor from liability for damage to or destruction of property of the United States of America caused by the willful or negligent act or omission of Lessor.

(End of clause)

552.270-8 Compliance with Applicable Law [(DEVIATION)].

COMPLIANCE WITH APPLICABLE LAW (SEP 1999) [(SEP 2022) (DEVIATION)]

Lessor shall comply with all Federal, state[, tribal,] and local laws applicable to the Lessor as owner or lessor, or both, of the building or premises, including, without limitation, laws applicable to the construction, ownership, alteration or operation of both or either thereof, and will obtain all necessary permits, licenses and similar items at Lessor’s expense. [its ownership and leasing of the property, including, without limitation, laws applicable to the construction, ownership, alteration or operation of all buildings, structures, and facilities located thereon, and obtain all necessary permits, licenses and similar items at its own expense.] The Government will comply with all Federal, state [,tribal,] and local laws applicable to and enforceable against it as a tenant under this lease, provided that nothing in this lease shall be construed as a waiver of the sovereign immunity of the Government. This lease shall be governed by Federal law.

(End of clause)

* * * * *

552.270-14 Changes [(DEVIATION)].

CHANGES (JUN 2011) [(SEP 2022) (DEVIATION)]

a) The Contracting Officer[Lease Contracting Officer (LCO)] may at any time, by written order, make[direct] changes [to the tenant improvements within the space, building security requirements, or the services required under the lease. within the general scope of this lease in any one or more of the following:
    (1) Specifications (including drawings and designs).
    (2) Work or services.
    (3) Facilities or space layout.
    (4) Amount of space, provided the Lessor consents to the change.

(b) If any such change causes an increase or decrease in Lessor’s cost of or the time required for performance [of its obligations under this lease, whether or not changed by the order, the Lessor shall be entitled to an amendment to the lease providing for one or more of the following:] under this lease, whether or not changed by the order, the Contracting Officer shall modify this lease to provide for one or more of the following:
    (1) A modification[An adjustment] of the delivery date.
    (2) An equitable adjustment in the rental rate.
    (3) A lump sum equitable adjustment. [or]
    [(4) An adjustment to the operating cost base, if applicable.]
    (4) An equitable adjustment of the annual operating costs per ABOA square foot specified in this lease.

(c) The Lessor must assert its right to an adjustment[amendment] under this clause within 30 days from the date of receipt of the change order and must submit a proposal for adjustment. The Lessor’s failure to assert its right for adjustment within the time frame specified herein shall be a waiver of the Lessor’s right to an adjustment under this paragraph. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause excuses the lessor from proceeding with the change as directed.[the pendency of an adjustment or existence of a dispute shall not excuse the Lessor from proceeding with the change as directed.]

(d) Absent such[a] written change order [from the LCO],[ or from a Government official to whom the LCO has explicitly and in writing delegated the authority to direct changes,] the Government is not liable to Lessor under this clause.

(End of clause)

552.270-15 Liquidated Damages [(DEVIATION)].

LIQUIDATED DAMAGES (SEP 1999) [(SEP 2022) (DEVIATION)]

In case of failure on the part of the Lessor to complete the work within the time fixed in the lease contract or letter of award, the Lessor shall pay the Government as fixed and agreed liquidated damages, [$_____] pursuant to this clause, the sum of $ _____ for each and every calendar day that the delivery is delayed beyond the date specified for delivery of all of the space ready for occupancy by the Government. This remedy is not exclusive and is in addition to any other remedies which may be available under this lease or at law. [This liquidated sum is not meant as a penalty, but as an approximation of actual damages that would be suffered by the Government because of the Lessor’s delay.]

(End of clause)

552.270-16 Adjustment for Vacant Premises [(DEVIATION)].

ADJUSTMENT FOR VACANT PREMISES (JUN 2011) [(SEP 2022) (DEVIATION)]

(a) If the Government fails to occupy any portion of the leased premises or vacates the premises in whole or in part before the lease term expires[prior to expiration of the term of the lease], the rental rate [and the base for operating cost adjustments] will be reduced [using the figure specified in the “Rate for Adjustment for Vacant Leased Premises” paragraph of this Lease]. The reduction shall occur after the Government gives 30 calendar days notice to the Lessor, and shall continue in effect until the Government occupies or reoccupies the vacant premises or the lease expires or is terminated.

(b) The[If no] rate [reduction has been established in this lease], [the rate] will be reduced by that portion of the costs per ABOA square foot of operating expenses not required to maintain the space. In addition, at the first operating cost adjustment after the notice of reduction to the rent, the base cost of services subject to escalation will be reduced by said amount. In the event that the Government occupies or reoccupies the vacant premises on the lease anniversary date following the occupation of the vacant premises, the base cost of services subject to escalation will be increased by said amount.

[(c) Said reduction shall occur after the Government gives 30 calendar days’ prior notice to the Lessor and shall continue in effect until the Government occupies the vacant premises or the lease expires or is terminated.]

(c) The reduction in operating costs shall be negotiated and stated in the lease.

(End of clause)

552.270-17 Delivery and Condition [(DEVIATION)].

DELIVERY AND CONDITION (SEP 1999) [(SEP 2022) (DEVIATION)]

(a) Unless the Government elects to have the space occupied in increments, the space must be delivered ready for occupancy as a complete unit. The Government reserves the right to determine when the space is substantially complete.

(b) If the premises do not in every respect comply with the provisions of this lease the Contracting Officer may, in accordance with the Failure in Performance clause of this lease, elect to reduce the rent payments.

[(b) The Government may elect to accept the space notwithstanding the Lessor’s failure to deliver the space substantially complete; if the Government so elects, it may reduce the rent payments.]

(End of clause)

* * * * *

552.270-27 Integrated Agreement [(DEVIATION)]

INTEGRATED AGREEMENT (SEP 1999) [(SEP 2022) (DEVIATION)]

This L[l]ease, upon execution, contains the entire agreement of the parties and no prior written or oral agreement, express or implied, shall be admissible to contradict the provisions of the L[l]ease. [Except as expressly attached to and made a part of the lease, neither the request for lease proposals nor any pre-award communications by either party shall be incorporated in the lease.]

(End of clause)

* * * * *

552.270-29 Acceptance of the Space [and Certificate of Occupancy (DEVIATION)].

ACCEPTANCE OF SPACE [AND CERTIFICATE OF OCCUPANCY] (JUN 2011) [(SEP 2022) (DEVIATION)]

(a) When the lessor has completed all alterations, improvements, and repairs necessary to meet the requirements of the lease, the lessor shall notify the Contracting Officer. The Contracting Officer or designated representative shall promptly inspect the space.

(b) The Government will accept the space and the lease term will begin after determining that the space is substantially complete and contains the required ABOA square footage as indicated in the solicitation paragraph, Amount and Type of Space.

[(a) Ten (10) working days prior to the completion of the space, the Lessor shall issue written notice to the Government to schedule the inspection of the space for acceptance. The Government shall accept the space only if the construction of building shell and tenant improvements conforming to this lease and the approved design intent drawings (DIDs) is substantially complete, and a certificate of occupancy has been issued as set forth below.

(b) The space shall be considered substantially complete only if the space may be used for its intended purpose and completion of remaining work will not unreasonably interfere with the Government’s enjoyment of the space. Acceptance shall be final and binding upon the Government with respect to conformance of the completed tenant improvements to the approved DIDs, with the exception of items identified on a punchlist generated as a result of the inspection, concealed conditions, latent defects, or fraud, but shall not relieve the Lessor of any other lease requirements.

(c) The Lessor shall provide a valid certificate of occupancy, issued by the local jurisdiction, for the intended use of the Government. If the local jurisdiction does not issue certificates of occupancy or if the certificate of occupancy is not available, the Lessor may satisfy this condition by providing a report prepared by a licensed fire protection engineer that indicates that the premises and building are compliant with all applicable local codes and ordinances and all fire protection and life safety-related requirements of this lease to ensure an acceptable level of safety is provided. Under such circumstances, the Government shall only accept the space without a certificate of occupancy if a licensed fire protection engineer determines that the offered space is compliant with all applicable local codes and ordinances and fire protection and life safety-related requirements of this lease.]

(End of clause)

* * * * *

Attachment B – Clean Version of GSAR Deviation Text

552.270-5 Subletting and Assignment (DEVIATION).

SUBLETTING AND ASSIGNMENT (SEP 2022) (DEVIATION)

The Government may sublet any part of the premises but shall not be relieved from any obligations under this lease by reason of any such subletting. The Government may at any time assign this lease, and be relieved from all obligations to Lessor under this lease excepting only unpaid rent and other liabilities, if any, that have accrued to the date of said assignment. Any subletting or assignment shall be subject to prior written consent of the Lessor, which shall not be unreasonably withheld.

(End of clause)

552.270-6 Maintenance of the Property–Right to Inspect (DEVIATION).

MAINTENANCE OF THE PROPERTY—RIGHT TO INSPECT (SEP 2022) (DEVIATION)

The Lessor shall maintain the property, including the building, building systems, and all equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and tenantable condition so that they are suitable in appearance and capable of supplying such heat, air conditioning, light, ventilation, safety systems, access and other things to the premises, without reasonably preventable or recurring disruption, as is required for the Government’s access to, occupancy, possession, use and enjoyment of the premises as provided in this lease.

(a) For the purpose of so maintaining the premises, the Lessor may at reasonable times enter the premises with the approval of the authorized Government representative in charge.

(b) Upon request of the Lease Contracting Officer (LCO), the Lessor shall provide written documentation that building systems have been properly maintained, tested, and are operational within manufacturer’s warranted operating standards.

(c) The Lessor shall maintain the premises in a safe and healthful condition according to applicable OSHA standards and all other requirements of this lease, including standards governing indoor air quality, existence of mold and other biological hazards, presence of hazardous materials, etc.

(d) The Government shall have the right, at any time after the lease award date and during the term of the lease, to inspect all areas of the property to which access is necessary for the purpose of determining the Lessor’s compliance with this clause.

(End of clause)

552.270-7 Fire and Casualty Damage (DEVIATION).

FIRE AND CASUALTY DAMAGE (SEP 2022) (DEVIATION)

(a) If the building in which the premises are located is totally destroyed or damaged by fire or other casualty, this lease shall immediately terminate.

(b) If the building in which the premises are located are only partially destroyed or damaged, so as to render the premises untenantable, or not usable for their intended purpose:
    (1) The Lessor shall have the option to elect to repair and restore the premises or terminate the lease.
    (2) Unless otherwise approved by the Lease Contracting Officer, the Lessor shall be permitted a reasonable amount of time, not to exceed 270 days from the event of destruction or damage, to repair or restore the premises, provided that the Lessor submits to the Government a reasonable schedule for repair of the premises within 60 days of the event of destruction or damage.
      (i) If the Lessor fails to timely submit a reasonable schedule for completing the work, the Government may elect to terminate the lease effective as of the date of the event of destruction or damage.
      (ii) If the Lessor elects to repair or restore the premises, but fails to repair or restore the premises within 270 days from the event of destruction or damage, or fails to diligently pursue such repairs or restoration so as to render timely completion commercially impracticable, the Government may terminate the lease effective as of the date of the destruction or damage.
    (3) During the time that the premises are unoccupied, rent shall be abated. Termination of the lease by either party under this clause shall not give rise to liability for either party. 
    (4) Nothing in this lease shall be construed as relieving Lessor from liability for damage to or destruction of property of the United States of America caused by the willful or negligent act or omission of Lessor.

(End of clause)

552.270-8 Compliance with Applicable Law (DEVIATION).

COMPLIANCE WITH APPLICABLE LAW (SEP 2022) (DEVIATION)

Lessor shall comply with all Federal, state, tribal, and local laws applicable to its ownership and leasing of the property, including, without limitation, laws applicable to the construction, ownership, alteration or operation of all buildings, structures, and facilities located thereon, and obtain all necessary permits, licenses and similar items at its own expense. The Government will comply with all Federal, state, tribal, and local laws applicable to and enforceable against it as a tenant under this lease, provided that nothing in this lease shall be construed as a waiver of the sovereign immunity of the Government. This lease shall be governed by Federal law.

(End of clause)

* * * * *

552.270-14 Changes (DEVIATION).

CHANGES (SEP 2022) (DEVIATION)

(a) The Lease Contracting Officer (LCO) may at any time, by written order, direct changes to the tenant improvements within the space, building security requirements, or the services required under the lease.

(b) If any such change causes an increase or decrease in Lessor’s cost or time required for performance of its obligations under this lease, whether or not changed by the order, the Lessor shall be entitled to an amendment to the lease providing for one or more of the following:
    (1) An adjustment of the delivery date.
    (2) An equitable adjustment in the rental rate.
    (3) A lump sum equitable adjustment. or
    (4) An adjustment of the operating cost base, if applicable.

(c) The Lessor must assert its right to an amendment under this clause within 30 days from the date of receipt of the change order and must submit a proposal for adjustment. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, the pendency of an adjustment or existence of a dispute shall not excuse the Lessor from proceeding with the change as directed.

(d) Absent a written change order from the LCO, or from a Government official to whom the LCO has explicitly and in writing delegated the authority to direct changes, the Government is not liable to Lessor under this clause.

(End of clause)

552.270-15 Liquidated Damages (DEVIATION)].

LIQUIDATED DAMAGES (SEP 2022) (DEVIATION)

In case of failure on the part of the Lessor to complete the work within the time fixed in the lease, the Lessor shall pay the Government as fixed and agreed liquidated damages, $_____ for each and every calendar day that the delivery is delayed beyond the date specified for delivery of all of the space ready for occupancy by the Government. This remedy is not exclusive and is in addition to any other remedies which may be available under this lease or at law. This liquidated sum is not meant as a penalty, but as an approximation of actual damages that would be suffered by the Government because of the Lessor’s delay.

(End of clause)

552.270-16 Adjustment for Vacant Premises (DEVIATION).

ADJUSTMENT FOR VACANT PREMISES (SEP 2022) (DEVIATION)

(a) If the Government fails to occupy any portion of the leased premises or vacates the premises in whole or in part prior to expiration of the term of the lease, the rental rate and the base for operating cost adjustments will be reduced using the figure specified in the “Rate for Adjustment for Vacant Leased Premises” paragraph of this Lease.

(b) If no rate reduction has been established in this lease, the rate will be reduced by that portion of the costs per ABOA square foot of operating expenses not required to maintain the space.

(c) Said reduction shall occur after the Government gives 30 calendar days’ prior notice to the Lessor and shall continue in effect until the Government occupies the vacant premises or the lease expires or is terminated.

(End of clause)

552.270-17 Delivery and Condition (DEVIATION).

DELIVERY AND CONDITION (SEP 2022) (DEVIATION)

(a) Unless the Government elects to have the space occupied in increments, the space must be delivered ready for occupancy as a complete unit.

(b) The Government may elect to accept the space notwithstanding the Lessor’s failure to deliver the space substantially complete; if the Government so elects, it may reduce the rent payments.

(End of clause)

* * * * *

552.270-27 Integrated Agreement (DEVIATION).

INTEGRATED AGREEMENT (SEP 2022) (DEVIATION)

This lease, upon execution, contains the entire agreement of the parties and no prior written or oral agreement, express or implied, shall be admissible to contradict the provisions of the lease. Except as expressly attached to and made a part of the lease, neither the request for lease proposals nor any pre-award communications by either party shall be incorporated in the lease.

(End of clause)

* * * * *

552.270-29 Acceptance of the Space and Certificate of Occupancy (DEVIATION).

ACCEPTANCE OF THE SPACE AND CERTIFICATE OF OCCUPANCY (SEP 2022) (DEVIATION)

(a) Ten (10) working days prior to the completion of the space, the Lessor shall issue written notice to the Government to schedule the inspection of the space for acceptance. The Government shall accept the space only if the construction of building shell and tenant improvements conforming to this lease and the approved design intent drawings (DIDs) is substantially complete, and a certificate of occupancy has been issued as set forth below.

(b) The space shall be considered substantially complete only if the space may be used for its intended purpose and completion of remaining work will not unreasonably interfere with the Government’s enjoyment of the space. Acceptance shall be final and binding upon the Government with respect to conformance of the completed tenant improvements to the approved DIDs, with the exception of items identified on a punchlist generated as a result of the inspection, concealed conditions, latent defects, or fraud, but shall not relieve the Lessor of any other lease requirements.

(c) The Lessor shall provide a valid certificate of occupancy, issued by the local jurisdiction, for the intended use of the Government. If the local jurisdiction does not issue certificates of occupancy or if the certificate of occupancy is not available, the Lessor may satisfy this condition by providing a report prepared by a licensed fire protection engineer that indicates that the premises and building are compliant with all applicable local codes and ordinances and all fire protection and life safety-related requirements of this lease to ensure an acceptable level of safety is provided. Under such circumstances, the Government shall only accept the space without a certificate of occupancy if a licensed fire protection engineer determines that the offered space is compliant with all applicable local codes and ordinances and fire protection and life safety-related requirements of this lease.

(End of clause)

* * * * *

Endnotes.

[1] GSAR Change 100 [PDF], Dated May 23, 2019 for GSAR Case 2013-G502

[2] GSAR Change 98 [PDF], Dated February 13, 2019 for GSAR Case 2015-G503

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Last updated: May 2, 2025
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Glossary

  • An SBA program that helps provide a level playing field for small businesses owned by socially and economically disadvantaged people or entities that meet the following eligibility requirements:

    • Be a small business
    • Not already have participated in the 8(a) program
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    See Title 13 Part 124 of the Code of Federal Regulations for more information.

  • A multiple-award IDIQ governmentwide acquisition contract offering complete and flexible IT solutions worldwide. A best-in-class GWAC and preferred governmentwide solution, Alliant 2 offers:

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    It provides best-value IT solutions to federal agencies, while strengthening chances in federal contracting for small businesses through subcontracting.

  • An agreement established by a government buyer with a Multiple Award Schedule contractor to fill repetitive needs for supplies or services.

  • Types of funds to use on specific expenses.

    • BA51 is for new construction
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    • BA54 is for repairs and alterations below the prospectus level
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  • Negotiated firm-fixed pricing on airline seats for official government travel. The locked-in ticket prices for the fiscal year save federal agencies time and money. Federal employees enjoy flexibility to change their plans without incurring penalties or additional costs. All negotiated rates have:

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    Use the CPP search tool to find current fares.

  • From 5 USC 5701(6), "continental United States" means the several states and the District of Columbia, but does not include Alaska or Hawaii.

  • A space where individuals work independently or co-work collaboratively in a shared office. The work environment is similar to a typical office, usually inclusive of office equipment and amenities. Typical features of co-working facilities include work spaces, wireless internet, communal printer/copier/fax, shared kitchens, restrooms and open seating areas. May also be referred to as a “shared office.”

  • A system that is bought from a commercial vendor to solve a particular problem, as opposed to one that a vendor custom builds.

  • An employee who negotiates and awards contracts with vendors and who has the sole authority to change, alter or modify a contract.

  • An employee whose duties are to develop proper requirements and ensure contractors meet the commitments during contract administration, including the timeliness and delivery of quality goods and services as required by the contract.

  • A request of GSA where a federal agency retains and manages all aspects of the procurement process and is able to work with the selected vendor after award.

  • An SBA program that gives preferential consideration for certain government contracts to businesses that meet the following eligibility requirements:

    • Meet all the requirements of the WOSB Federal Contract program
    • Be owned and controlled by one or more women, each with a personal net worth less than $850,000
    • Be owned and controlled by one or more women, each with $450,000 or less in adjusted gross income averaged over the previous three years
    • Be owned and controlled by one or more women, each $6.5 million or less in personal assets

    See Title 13 Part 127 Subpart B of the Code of Federal Regulations for more information.

  • The primary regulation for federal agencies to use when buying supplies and services with funds from Congress.

    Use acquisition.gov to browse FAR parts or subparts or download the full FAR in various formats.

  • The travel and relocation policy for all federal civilian employees and others authorized to travel at government expense.

  • A program that promotes the adoption of secure cloud services across the federal government by providing a standardized approach to security and risk assessment.

  • A GSA business line that provides safe, reliable, low-cost vehicle solutions for federal agency customers and eligible entities. Offerings include:

    • Vehicle purchasing, leasing and short-term rentals
    • Vehicle disposal
    • Maintenance control and accident management
    • Loss prevention and fuel services
    • A fleet management system with detailed, accurate data
  • A charge card for U.S. government personnel to use when paying for fuel and maintenance of GSA Fleet vehicles. Find out where the Fleet card is accepted, how to use it and more.

  • A Department of Homeland Security program that allows members to use expedited lanes at U.S. airports and when crossing international borders by air, land and sea.

  • A charge card for certain U.S. Government employees to use when buying mission-related supplies or services using simplified acquisition procedures, when applicable, and when the total cost does not exceed micro-purchase thresholds.

  • A charge card for U.S. government personnel to use when paying for reimbursable expenses while on official travel. Visit smartpay.gsa.gov for more.

  • A vehicle used to perform an agency’s mission(s), as authorized by the agency.

  • Pre-competed, multiple-award, indefinite delivery, indefinite quantity contracts that agencies can use to buy total IT solutions more efficiently and economically.

  • A ceremony marking the official start of a new construction project, typically involving driving shovels into ground at the site.

  • An online shopping and ordering system at gsaadvantage.gov that provides access for federal government employees and in some cases, state and local entities, to purchase from thousands of contractors offering millions of supplies and services.

  • An online auction site at gsaauctions.gov that allows the general public to bid on and buy excess federal personal property assets such as:

    • Office equipment
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    • Heavy machinery
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  • An SBA program that gives preferential consideration for certain government contracts to business that meet the following eligibility requirements:

    • Be a small business
    • Be at least 51 percent owned and controlled by U.S. citizens, a Community Development Corporation, an agricultural cooperative, a Native Hawaiian organization, or an Indian tribe
    • Have its principal office located in a HUBZone
    • Have at least 35 percent of its employees live in a HUBZone

    See Title 13 Part 126 Subpart B of the Code of Federal Regulations for more information.

  • A type of contract when the quantity of supplies or services, above a specified minimum, the government will require is not known. IDIQs help streamline the contract process and speed service delivery.

  • A fee paid by businesses who are awarded contracts under Multiple Award Schedule to cover GSA’s cost of operating the program. The fee is a fixed percentage of reported sales under MAS contracts that contractors pay within 30 calendar days following the completion of each quarter.

  • A law that provides $3.375 billion for us to:

    • Invest in federal buildings with materials and technologies, making them more efficient, saving taxpayer dollars and creating opportunities for small businesses.
    • Help boost the competitiveness of American manufacturers developing materials.

    This includes $2.15 billion for low embodied carbon materials in construction projects, $975 million to support emerging and sustainable technologies, and $250 million for measures to convert more buildings into High Performance Buildings.

  • An investment in our nation’s infrastructure and competitiveness. The law provides funding for LPOE modernization projects that will create new good-paying jobs, bolster safety and security, and make our economy more resilient to supply chain challenges.

  • A written agreement entered into between two federal agencies, or major organizational units within an agency, which specifies the goods to be furnished or tasks to be accomplished by one agency (the servicing agency) in support of the other (the requesting agency).

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  • An employee who is responsible for preparing, negotiating, awarding and monitoring compliance of lease agreements.

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  • The standard federal agencies use to classify business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy.

  • A family of six separate governmentwide multiple award, IDIQ contracts for management and advisory, facilities, technical and engineering, logistics, intelligence services, research and development, environmental, and enterprise solutions.

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    • Marine vessel maintenance and repair services
    • Painting
    • Pest control
    • Plumbing or pipe fitting
    • Refrigeration or heating, cooling, and air conditioning
    • Smart buildings
  • The per day rates for the lower 48 continental United States, which federal employees are reimbursed for expenses incurred while on official travel. Per diem includes three allowances:

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    • A rate for incidental expenses
  • An identification card that allows credentialed government personal to access facilities, computers, or information systems. May also be referred to as HSPD-12 card, LincPass, Smart Card, or CAC.

  • Furniture and equipment such as appliances, wall hangings, technological devices, and the relocation expenses for such property.

  • Information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information that is linked or linkable to a specific individual. Get our agency's privacy policies and practices as they apply to our employees, contractors, and clients.

  • You should only drive a privately owned vehicle for official travel after your agency evaluates the use of:

    • A common carrier
    • A government-furnished vehicle
    • A rental car

    When your agency has determined a POV to be the most advantageous method of transportation, you are authorized reimbursement for mileage and some additional allowances (parking, bridge, road and tunnel fees, etc.).

  • Approvals from GSA’s congressional authorizing committees, the U.S. Senate Committee on Environment and Public Works and the U.S. House Committee on Transportation and Infrastructure, for proposed capital and leasing projects that require funding over an annually established threshold.

  • Region 1 (New England): Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont

    Region 2 (Northeast and Caribbean): Northern New Jersey, New York, Puerto Rico, U.S. Virgin Islands

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    Region 9 (Pacific Rim): Arizona, California, Hawaii, Nevada

    Region 10 (Northwest Arctic): Alaska, Idaho, Oregon, Washington

    Region 11 (National Capital): Washington, D.C., area including parts of Maryland and Virginia

  • Formal agreements between GSA and a federal agency customer where GSA agrees to provide goods, services, or both, and the federal agency agrees to reimburse GSA’s direct and indirect costs. The customer portal for RWA information is called eRETA at extportal.pbs.gsa.gov.

  • A document used in negotiated procurements to communicate government requirements to prospective contractors (firms holding Multiple Award Schedule contracts) and to solicit proposals (offers) from them.

  • A document used to communicate government requirements, but which do not solicit binding offers. Quotations submitted in response are not offers. The Multiple Award Schedule order is the offer, and then the contractor can do something to show acceptance, like ordering supplies or contacting subcontractors.

  • An SBA program that gives preferential consideration for certain government contracts to businesses that meet the following eligibility requirements:

    • Be a small business
    • Be at least 51% owned and controlled by one or more service-disabled veterans
    • Have one or more service-disabled veterans manage day-to-day operations and also make long-term decisions
    • Eligible veterans must have a service-connected disability
    • Permanently and totally disabled veterans who are unable to manage the daily business operations of their business may still qualify if their spouse or appointed, permanent caregiver is assisting in that management

    See Title 13 Part 128 Subpart B of the Code of Federal Regulations for more information.

  • An SBA designation for businesses that meet size standards set for each NAICS code. Most manufacturing companies with 500 employees or fewer, and most non-manufacturing businesses with average annual receipts under $7.5 million, will qualify as a small business.

    See Title 13 Part 121.201 of the Code of Federal Regulations for more information.

  • To improve and stimulate small business utilization, we award contracts to businesses that are owned and controlled by socially and economically disadvantaged individuals. We have contracting assistance for:

    • 8(a) Business Development contractors
    • Historically underutilized business zone
    • Service-disabled, veteran-owned small businesses
    • Small businesses
    • Small disadvantaged businesses
    • Veteran-owned small businesses
    • Women-owned small businesses
  • A Small Business Administration program that gives preferential consideration for certain government contracts to business that meet the following eligibility requirements:

    • Be a small business
    • The firm must be 51% or more owned and controlled by one or more disadvantaged persons
    • The disadvantaged person or persons must be socially disadvantaged and economically disadvantaged

    See Title 13 Section 124.1001 of the Code of Federal Regulations for more information.

  • The basis for the lease negotiation process, which becomes part of the lease. SFOs include the information necessary to enable prospective offerors to prepare proposals. See SFO minimum requirements.

  • Specific supply and service subcategories within our Multiple Award Schedule. For the Information Technology Category, a SIN might be new equipment or cloud services.

  • An online system at sam.gov, which the U.S. Government uses to consolidate acquisition and award systems for use by contractors wishing to do business with the federal government. Formerly known as FBO.gov, all contracting opportunities valued over $25,000 are posted at sam.gov.

  • When you use a government purchase card, such as the "GSA SmartPay" travel card for business travel, your lodging and rental car costs may be exempt from state sales tax. Individually billed account travel cards are not tax exempt in all states. Search for exemption status, forms and important information.

  • The finishes and fixtures federal agency tenants select that take a space from a shell condition to a finished, usable condition and compliant with all applicable building codes and standards.

  • A statute that applies to all Multiple Award Schedule contracts, unless otherwise stated in the solicitation or contract, which requires contractors to sell to the U.S. Government only products that are manufactured or “substantially transformed” in the U.S. or a TAA-designated country.

  • Vendors report transactional data — information generated when the government purchases goods or services from a vendor — to help us make federal government buying more effective.

    See our TDR page for which SINs are eligible and which line-item data to submit.

  • A unique number required to do business with the federal government.

  • An indicator of how efficiently a federal agency is currently using space, it is traditionally calculated by dividing the usable square feet of the space, by the number of personnel who occupy the space.

  • A Small Business Administration program that gives preferential consideration for certain government contracts to businesses that meet the following eligibility requirements:

    • Be a small business, as defined by the size standard corresponding to any NAICS code listed in the business’s SAM profile
    • Have no less than 51% of the business owned and controlled by one or more veterans
    • For those veterans who are permanently and totally disabled and unable to manage the daily business operations of their business, their business may still qualify if their spouse or appointed, permanent caregiver is assisting in that management

    Get a full list of eligibility requirements.

  • A governmentwide acquisition contract exclusively for service-disabled veteran-owned small businesses to sell IT services such as:

    • Data management
    • Information and communications technology
    • IT operations and maintenance
    • IT security
    • Software development
    • Systems design
    • New and emerging technologies
  • The amount of solid waste, such as trash or garbage, construction and demolition waste, and hazardous waste, that is reused, recycled or composted instead of being put in a landfill or burned.

  • A GSA program designed to promote recycling and reuse of solid waste.

  • A Small Business Administration program that gives preferential consideration for certain government contracts to businesses that meet the following eligibility requirements:

    • Be a small business
    • Be at least 51% owned and controlled by women who are U.S. citizens
    • Have women manage day-to-day operations who also make long-term decisions

    See Title 13 Part 127 Subpart B of the Code of Federal Regulations for more information.