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(End of Clause)

TERMINATION FOR CONVENIENCE OF THE GOV

ERNMENT (FIXED-PRICE) (SHORT FORM) (MAY 1988) (DEVIATION FAR 52.249–1 AND 52.249–2)

(a) If the Government terminates this contract for convenience, the rights of the Government and the Contractor shall be determined under paragraph (b) unless there is a termination liability schedule, in which case the rights of the parties shall be determined under paragraph (c).

(b) The clause at (Contracting Officer inserts 52.249–1 or 52.249-2, as applicable) of the FAR shall apply to the supply portion of the contract and the clause at 52.249 4 of the FAR shall apply to the service portion of the contract.

(c) If the Contractor specifies a schedule of termination liability charges that would be incurred by the Government if the Government terminates this lease contract without taking title to the equipment, the payment of such charges shall be the only responsibility of the Government to compensate the Contractor for such termination; except that, there shall be no termination liability for equipment installed after termination of this contract.

552.252–5 Authorized deviations or

variations in provisions. As prescribed in 552.107(a), insert the following provision: AUTHORIZED DEVIATIONS OR VARIATIONS IN

PROVISIONS (DEVIATION FAR 52.252–5) (JUL 1985)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation or variation is indicated by the addition of “(Deviation)" or “(Variation)" after the date of the provision, if the provision is not published in the General Services Administration Acquisition Regulation (48 CFR Chapter 5). The use in this solicitation of any Federal Acquisition Regulation (FAR) provision with an authorized deviation or variation that is published in the General Services Administration Acquisition Regulation is indicated by the addition of “(Deviation (FAR provision no.))” or “(Variation (FAR provision no.))" after the date of the provision.

(b) The use in this solicitation of any General Services Administration Acquisition Regulation provision with an authorized deviation or variation is indicated by the addition of “(Deviation)" or “(Variation)" after the date of the provision.

(c) Changes in wording of provisions that are prescribed for use on a "substantially the same as" basis are not considered deviations. Therefore, when such provisions are not worded exactly the same as the FAR or GSAR provision, they are identified by the word “(Variation)."

(End of Clause)

(54 FR 26558, June 23, 1989, as amended at 54 FR 40061, Sept. 29, 1989)

552.249–71 Submission of termination

liability schedule. As prescribed in 549.570 insert the following clause:

(End of Provision)

SUBMISSION OF TERMINATION LIABILITY

SCHEDULE (MAY 1989)

(a) An offeror may submit, as part of its proposal, a termination liability schedule to be applied if any resultant contract is terminated by the Government for reasons other than default. The offeror shall provide and explain the amount and method of computation of the termination liability charge(s).

(b) If submitted, the termination liability schedule will be incorporated into Part I, Section B of the contract document. If a termination liability schedule is not submitted and the Government terminates any resultant contract for its convenience, the rights of the parties shall be determined under paragraph (b) of the GSAR Termination for Convenience of the Government clause at 552.249–70.

(c) Any termination liability charges existing at the end of the evaluated contract period will be considered in the evaluation of offers.

552.252-6 Authorized deviations or

variations in clauses. As prescribed in 552.107(b), insert the following clause:

AUTHORIZED DEVIATIONS OR VARIATIONS IN CLAUSES (DEVIATION FAR 52.252-6) (JUL 1985)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation or variation is indicated by the addition of “(Deviation)” or “(Variation)" after the date of the clause, if the clause is not published in the General Services Administration Acquisition Regulation (48 CFR Chapter 5). The use in this solicitation of any Federal Acquisition Regulation (FAR) clause with an authorized deviation or vari. ation that is published in the General Services Administration Acquisition Regulation is indicated by the addition of “(Deviation (FAR clause no.))" or "(Variation (FAR clause no.))" after the date of the clause.

(b) The use in this solicitation of any General Services Administration Acquisition Regulation clause with an authorized deviation or variation is indicated by the addition of "(Deviation)" or "(Variation)" after the date of the clause.

(c) Changes in wording of clauses that are prescribed for use on a "substantially the same as" basis are not considered deviations. Therefore, when such clauses are not worded exactly the same as the FAR or GSAR clause, they are identified by the word (Variation)."

(End of Clause)

552.253-70 Forms containing solicita

tion provisions and/or contract

clauses incorporated by reference. As prescribed in 553.171, insert the following clause: FORMS CONTAINING SOLICITATION PROVISIONS

AND/OR CONTRACT CLAUSES INCORPORATED BY REFERENCE (MAY 1989)

This solicitation incorporates the following forms containing solicitation provisions and/or contract clauses by reference, with the same force and effect as if they were included in full text. Upon request, the Contracting Officer will make the forms available.

[Insert the form number, title, and the revision date)

EXPLANATION TO PROSPECTIVE OFFERORS

(JUNE 1985) Any prospective offeror desiring an explanation or interpretation of the solicitation should request it in writing. Oral explanations or instructions given to a prospective offeror will not be binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors, if that information is necessary in submitting offers or if the lack of it would be prejudicial to any other prospective offeror.

(End of Provision) 552.2703 Late submissions, modifica

tions, and withdrawals of offers. As prescribed in 570.701-3, insert the following provision:

Late Submissions, Modifications, and

Withdrawals of Offers (June 1992) (a) Any offer received at the office designated in the solicitation after the exact time specified for receipt of best and final offers will not be considered unless it is received before award is made and it

(1) Was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th);

(2) Was sent by mail or, if authorized by the solicitation, was sent by telegram or via facsimile and it is determined by the Government that the late receipt was due solely to mishandling by the Government after receipt at the Government installation;

(3) Was sent by U.S. Postal Service Express Mail Next Day Service-Post Office to Addressee not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of offers. The term “working days” excludes weekends and U.S. Federal holidays; or

(4) Is the only offer received.

(b) A modification resulting from the Contracting Officer's request for “best and final" offers received after the date and time specified in the request will not be considered unless received before award and the late receipt is due solely to mishandling by the Government after timely receipt at the Government installation.

(c) The only acceptable evidence to establish the date of mailing of a late offer or modification sent either by U.S. Postal Service registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the offer or modification shall be

(End of Clause)

552.270-1 Preparation of offers.

As prescribed in 570.701-1, insert the following provision:

PREPARATION OF OFFERS (APR 1985) (a) Offerors are expected to read all parts of this solicitation.

(b) Offers must be (1) submitted on the forms prescribed and furnished by the Gov. ernment as a part of this solicitation or on copies of those forms, and (2) signed. The person signing an offer must initial each erasure or change appearing on any offer form. If the offeror is a partnership, the names of the partners composing the firm must be included with the offer.

(c) Offers will be construed to be in full and complete compliance with this solicitation unless the offer describes any deviation in the offer.

(End of Provision)

552.270-2 Explanation to prospective

offerors. As prescribed in 570.701–2, insert the following provision:

eligible for inclusion in the National Register of Historic Places and to historically significant buildings in historic districts listed in the National Register. Such preference will be extended to historic buildings and will result in award if:

(1) The offer for space meets the terms and conditions of this solicitation as well as any other offer received. (It is within the discretion of the Contracting Officer to accept alternatives to certain architectural characteristics and safety features defined elsewhere in this solicitation to maintain the historical integrity of the building such as high ceilings, wooden floors, etc.); and

(2) The rental is no more than 10 percent higher on a total annual square foot (net usable area) cost to the Government than the lowest otherwise acceptable offer.

(b) If more than one offer of an historic building is received and they meet the above criteria, an award will then be made to the lowest priced historic property offered.

(End of Provision)

processed as if mailed late. "Postmark" means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, offerors should request the postal clerk to place a legible hand cancellation bull's eye postmark on both the receipt and the envelope or wrapper.

(d) The only acceptable evidence to establish the time of receipt at the Government installation is the time/date stamp of that installation on the offer wrapper or other documentary evidence of receipt maintained by the installation.

(e) The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent by Express Mail Next Day Service-Post Office to Addressee is the date entered by the post office receiving çlerk on the “Express Mail Next Day Service-Post Office to Addressee" label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service. “Postmark" has the same meaning as defined in paragraph (c) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, offerors should request the postal clerk to place a legible hand cancellation bull's eye postmark on both the receipt and the envelope or wrapper.

(f) Notwithstanding paragraph (a) of this provision, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(g) Offers may be withdrawn by written notice or telegram (including mailgram) received at any time before award. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision entitled “Facsimile Proposals.” Offers may be withdrav:n in person by an offeror or an authorized representative, if the representative's identity is made known and the representative signs a receipt for the offer before award.

552.270_5 Lease award.

As prescribed in 570.701-5, insert the following provision:

LEASE AWARD (JUNE 1985) (a) The Government will award a lease resulting from this solicitation to the responsible offeror, whose offer conforming to the solicitation, will be most advantageous to the Government, price and other factors specified elsewhere in this solicitation, considered.

(b) The Government may (1) reject any or all offers, (2) accept other than the lowest priced offer, and (3) waive informalities and minor irregularities in offers received.

(c) Negotiations conducted after receipt of an offer do not constitute a rejection or counteroffer by the Government.

(d) The unconditional acceptance of an offer establishes a valid contract.

(End of Provision)

552.2706 Parties to execute lease.

As prescribed in 570.701-6, insert the following provision:

(End of Provision)

(57 FR 23163, June 2, 1992)

552.2704 Historic preference.

As prescribed in 570.701-4, insert the following provision:

HISTORIC PREFERENCE (JUNE 1985) (a) Preference will be given to offers of space in buildings on, or formally listed as

PARTIES TO EXECUTE LEASE (AUG 1992)

(a) If the lease is executed by an attorney, agent, or trustee on behalf of the Lessor, an authenticated copy of his power of attorney, or other evidence to act on behalf of the Lessor, shall accompany the lease.

(b) If the Lessor is a partnership, the lease shall be signed with the partnership name, followed by the name of the legally authorized partner signing the same, and, if required by the Government, a copy of either the partnership agreement or current Certificate of Limited Partnership shall accompany the lease.

(c) If the Lessor is a corporation, the lease shall be signed with the corporate name, followed by the signature and title of the officer or other person signing the lease on its behalf, duly attested, and, if requested by the Government, evidence of this authority to so act shall be furnished.

(End of Provision) (57 FR 37890, Aug. 21, 1992)

beyond the control and without the fault or negligence of both the Lessor and any such subcontractor or supplier.

(g) Lessor means the sub-lessor if this lease is a sublease.

(h) Lessor shall provide means the Lessor shall furnish and install at Lessor's expense.

(1) Notice means written notice sent by certified or registered mail, press Mail or comparable service, or delivered by hand. Notice shall be effective on the date delivery is accepted or refused.

(j) Premises means the space described in this lease.

(k) Substantially complete and substantial completion means that the work, the common and other areas of the building, and all other things necessary for the Government's access to the premises and occupancy, possession, use and enjoyment thereof, as provided in this lease, have been completed or obtained, excepting only such minor matters as do not interfere with or materially diminish such access, occupancy, possession, use or enjoyment.

(1) Work means all alterations, improvements, modifications, and other things required for the preparation or continued occupancy of the premises by the Government as specified in this lease.

(End of Clause) (57 FR 37890, Aug. 21, 1992, as amended at 57 FR 52826, Nov. 5, 1992]

552.270-10 Definitions.

As prescribed in 570.702–1, insert the following clause:

DEFINITIONS (AUG 1992) The following terms and phrases (except as otherwise expressly provided or unless the context otherwise requires) for all purposes of this lease shall have the respective meanings hereinafter specified:

(a) Commencement Date means the first day of the term.

(b) Contract and Contractor means Lease and Lessor, respectively.

(c) Contracting Officer means a person with the authority to enter into, administer, and/ or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

(d) Delivery Date means the date specified in or determined pursuant to the provisions of this lease for delivery of the premises to the Government, improved in accordance with the provisions of this lease and substantially complete, as such date may be modified in accordance with the provisions of this lease.

(e) Delivery Time means the number of days provided by this lease for delivery of the premises to the Government, as such number may be modified in accordance with the provisions of this lease.

(f) Excusable Delays mean delays arising without the fault or negligence of Lessor and Lessor's subcontractors and suppliers at any tier, and shall include, without limitation:

(1) Acts of God or of the public enemy,

(2) Acts of the United States of America in either its sovereign or contractual capacity,

(3) Acts of another contractor in the performance of a contract with the Government,

(4) Fires,
(5) Floods,
(6) Epidemics,
(7) Quarantine restrictions,
(8) Strikes,
(9) Freight embargoes,
(10) Unusually severe weather, or

(11) Delays of subcontractors or suppliers at any tier arising from unforeseeable causes

552.270–11 Subletting and assignment.

As prescribed in 570.702–2, insert the following clause: SUBLETTING AND ASSIGNMENT (AUG

1992) 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 assignment shall be subject to prior written consent of lessor, which shall not be unreasonably withheld.

(End of Clause) (57 FR 37891, Aug. 21, 1992)

552.270-12 Maintenance of building

and premises—Right of entry. As prescribed in 570.702–3, insert the following clause:

MAINTENANCE OF BUILDING AND PREMISES-RIGHT OF ENTRY (AUG 1992)

Except in case of damage arising out of the willful act or negligence of a Government employee, Lessor shall maintain the premises, including the building and all equip ment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and condition so that they are suitable in appearance and capable of supplying such beat, air conditioning, light, ventilation, access and other things to the premises, without reasonably preventable or recurring disrup tion, as is required for the Government's access to, occupancy, possession, use and enjoyment of the premises as provided in this lease. 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.

341-1890-93--17

(End of Clause) (57 FR 37891, Aug. 21, 1992)

expense. The Government will comply with all Federal, state and local laws applicable to and enforceable against it as a tenant under this lease; provided that nothing in this lease shall be construed as a waiver of any sovereign immunity of the Government. This lease shall be governed by Federal law.

(End of Clause) (57 FR 37891, Aug. 21, 1992)

552.270–13 Fire and casualty damage.

As prescribed in 570.702-4, insert the following clause: FIRE AND CASUALTY DAMAGE (AUG 1992)

If the entire premises are destroyed by fire or other casualty, this lease will immediately terminate. In case of partial destruction or damage, 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 of the fire or other casualty; 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. 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) (57 FR 37891, Aug. 21, 1992)

552.270–16 Inspection-Right of entry.

As prescribed in 570.702–7, insert the following clause: INSPECTION—RIGHT OF ENTRY (AUG

1992) (a) At any time and from time to time after receipt of an offer (until the same has been duly withdrawn or rejected), after acceptance thereof and during the term, the agents, employees and contractors of the Government may, upon reasonable prior notice to Offeror or Lessor, enter upon the offered premises or the premises, and all other areas of the building access to which is necessary to accomplish the purposes of entry, to determine the potential or actual compliance by the Offeror or Lessor with the requirements of the solicitation or this lease, which purposes shall include, but not be limited to:

(1) Inspecting, sampling and analyzing suspected asbestos-containing materials and air monitoring for asbestos fibers;

(2) Inspecting the heating, ventilation and air conditioning system, maintenance records, and mechanical rooms for the offered premises or the premises;

(3) Inspecting for any leaks, spills, or other potentially hazardous conditions which may involve tenant exposure to bazardous or toxic substances; and

(4) Inspecting for any current or past hazardous waste operations, to ensure that ap propriate mitigative actions were taken to alleviate any environmentally unsound activities in accordance with Federal, State, and local law.

(b) Nothing in this clause shall be construed to create a Government duty to inspect for toxic materials or to impose a higher standard of care on the Government than on other leases. The purpose of this clause is to promote the ease with which the Government may inspect the building. Nothing in this clause shall act to relieve the Lessor of any duty to inspect or liability which might arise as a result of Lessor's failure to inspect for or correct a hazardous condition.

(End of Clause) (57 FR 37891, Aug. 21, 1992)

552.270–14 [Reserved) 552.270–15 Compliance with applicable

law. As prescribed in 570.702-6, insert the following clause:

COMPLIANCE WITH APPLICABLE LAW

(AUG 1992) Lessor shall comply with all Federal, state 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

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