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RECEIVED
LINCOLN OOUNTY CLERK
UNITED sTATEs
PO_~TAL
Lease
MAIN OFFICE-AUBURN WY 83111-9998
UNITED ST~TES
Lease
FacilityName/Location
AUBURN - MAIN OFFICE
STAR VALLEY AUBURN,
(570532-001)
WY 83111-9998
'his LEASE, made and entered into by and between VELDA R
States Postal Service, hereinafter called the Postal Service:
HURD
LINCOLN COUNTY
Project: E33598
hereinafter called the Lessor, and the United
In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which
is hereby acknowledged, the parties covenant and agree as follows:
1. The 'Lessor hereby leases to the Postal Service and the Postal Service leases from the Lessor the following
)remises, hereinafter legally described in paragraph 9, in accordance with the terms and conditions described herein
and contained in the 'General Conditions to U.S. Postal Service Lease,' Section A, attached hereto and made a part
lereof.
Upon which is a one story ~=rame building and which property contains areas, spaces, improvements, and
appurtenances as follows:
AREA
Net Floor Space
Platform
Parking and Maneuvering
Other:
Driveway
Landscaping
Sidewalks
SQ. FEET AREA
480 Joint Use/Common Areas:
SQ. FEET
2,340
Total Site Area: 11,700
2. 'RENTAL: The Postal Service will pay the Lessor an annual rental of: $2,640. oo
***Two ThOusand Six Hundred Forty and.00/100 Dollars***
payable in equal installments at the end of each calegdar month. Rent for a part of a month will be prorated. Rent
checks shall be disbursed as follows:
payable to:,
VELDA R HURD
P O BOX 156
AUBURN WY 83111-0156
unless the Contracting Officer is notified, in writing by Lessor, of any change in payee or address at least sixty (60) days
before the effective date of the change.
3, TO HAVE AND TO HOLD the said premises with their appurtenances:
FIXED TERM: The term beginning Jul 20, .2004 and ending Jul 19, 2009 for a total of 5
years.
4. RENEWAL OPTIONS: None.
o
TERMINATION:
The Postal Service may terminate this Lease at any time by giving 30 days written
notice to ~the Lessor.
RELEASE (v2.2, June 1999)
UNITED STATES
POSTAL. SERVICE.
· . 0 1,4 Lease
6. UTILITIES, SERVICES, AND EQUIPMENT: Lessor, as part ~ the rentalconsideration, shallfurnish the following
utilities, sewioes and equipment:(SeeLessorObllgationsofGeneralOondltions ~.24)and/ora~achedaddendum ~rd~initions.)
Heating System, Light Fixtures, Electrical System, Postal Service shall pay for all
separately metered utilities
7. OTHER PROVISIONS: The following additional provisions, modifications, riders, layouts and/or forms were agreed
upon prior to execution and m,ade a part hereof:
Maintenance Rider - USPS (M-I), Reimbursement Tax Rider/98 (T-i).
The undersigned has completed the' 'Representations and Certifications.' (See Section B).
LEGAL DESCRIPTION:
Becjinn±ng at the Southeast corner o~ T,ot 4, Bloc~ 10~ o£ Auburn To~ns±te, Lincoln
County, WyomJ. ng~ thence running.Rorth 150 ~eet, thence West 78 ~eet, thence South 150
~eet~ thence ~ast 78 ~eet~ to the Point o~ Begi~n£ng.
RELEASE (v2.2, June 1999) 2
UNITED STATES
Lease
EXECUTED BY LESSOR this
,.~ day of
ALL INDIVIDUAL OFFERORS MUST SIGN
Velda R. Hurd
Print Name & Title
Print Name & Title
Print Name & Title
Print Name & Title
Print Name & Title
Print Name & Title
Print Name & Title
Signature
Signature
Signature
Signature
Signature
Signature
Signature
Signature
· Print Name & Title
hessor, Address: VELDA R HURD
P 0 BOX 156 AUBURN WY 83111-0156
Telephone No: (307) 886-3260
Taxpayer iD: 52o-16-o511
Witness' d
witness/" / -
ACCEPTANCE BY THE POSTAL SERVICE
Date: FZ./~'/0'~
ROBERT R MACGILL
C~tractingOfficer
DENVER ~ACILITIES OFFICE
8055 E TUFTS AVE #400
DENVER CO 80237-2881
Signature of Contracting Officer
Address of Contracting Officer
RELEASE (v2.2, June 1999) 3
UNITED STATES i
POSTAL SERVICE?'~ ..... -'~ °
Form of Acknowledgment
for Individuals
STATE OF
COUNTY OF
Personally appeared before me, a Notary Public in and for the County and State aforesaid,
, / ·
(Identify Individual party to the lease)
(Identify individual party to the lease)
(Identify individual party to the lease)
(Identify individual party to the lease)
(Identify individual party to the lease)
(identify individual party to the lease)
(identify individual party to the lease)
who is known to me to be the same per~on(s) who executed the foregoing lease, and who acknowledged that said
person(s) signed, sealed and delivered the. same as said person(s)'s free and voluntary act for the uses and purposes
therein set forth,
Witness my hand and notarial seal, in the County and State aforesaid,
this .~'~ day of "~~~ ,~,~.
NOTARIAL
SEAL
My commission expire~, /,,.~'., ~--~r,..~'-"
UNITED STATES
POST~tL SERVICE:
SECTION 'A
A.1 cHOICE OF LAW;
This Lease ih;Il be governed by federal law. ~'~.
As used lin this contract, the following terms have i~i~ followinO
· meanlnns: ~
a. 'Contracting officer" means the person executing thl~:~ontract on
behalf of the Postal Service, and any other employee whOlIi~ a properly
authorized contracting officer; the term includes, except 8~i otherwise
provided in the contract, the authorized representative of ~contract ng
officer acti,n'g with n the limits of the abthority conferred upo~ !{hat person.
b: "SuccessfUl offeror," "offeror," "owner'', ·"contractor," ol!.:i![essor'° are
interchangeable and refer to the party whose proposal Is acaCia)ted by the
Postal Service. ~.
c, '*Lease" and ~agreement" are interchangeable and ~i~fer to this
document; Including ell riders and attachments thereto.
A.3 EXECUTION REQUIREMENTS i~i
a, 'All co-owners and all other persons having or to have a t~gal Interest
. In the property must execute the Lease. If the offeror la ~1arrlad, the
husband or wife of the offeror must also execute the Lease.' The offeror
mu~st submit adequate evidence of tille. ~
b. If the offeror Is a general partnership, each member must sign.
c. If the offeror Is a limited pa~nersh p, all general partners i~ust sign.
· d. Where the offeror is an administrator or an executor of an estate,
there must be furnished a certificate of the clerk of the court or certified
copy or.the court order showing the appointment of the administrator or
executor, together with a certified ~opy of the will of the deceased. If
there is no will, or in the event the will of the deceased does not
specifically authorize the administrator or the executor to enter into a
contract to lease the proposed quarters, it will generally be necessary to
furnish, in addition to the above named items, a certified copy of the
court eider authorizing such administrator or executor to enter Into a
lease with the Postal Service.
e. Where the offeror is a trustee, a certified copy of the instrument
creating the trust must be furnished together with any other evidence
necessary to establish the trustee's authority to lease.
f. Where the offeror is a corporation, lease, s and lease agreements
entered into must have the corporate seal affixed or In place thereof the
statement that the corporation has no seal.
g. Where the offeror is a corporation, munlcipal corporation, fraternal
order or society, the Lease must be accompanied by documentary
evidence affirming the authority of the agent, or agents, to execute the
Lease to bind the municipal corporation, fraternal order or society for
which he (or they) purports to act. The usual evidence required to
establish such authority is in the form of extracts from the articles of
incorporation, or bylaws, or the minutes of the board of directors duly
certified by the custodian of such records, under the corporate seal.
Such resolutions, when required, must contain the essential stipulations
embodied in the Lease. The names and official titles of the officers who
ere authorized to sign the Lease must appear In the document.
h. Notices. Any notice to Lessor provided under this Lease or under
any law or regulation must be in writing and may be hand delivered or
mailed to Lessor at the address specified on page 3 of the Lease, or at
an address that Lessor has otherwise appropriately directed In writing.
Any notice to the Pqstal Service provided under this Lease or under any
General Conditions to USPS Lease
law or regulation must be In writing and may be hand delivered or mailed,
addressed to "Contracting Officer, U.S. Postal Service" at the address
specified on page 3 of the Lease, or at an address that the .Postal
Service has otherwise directed in writing.
A.4 MORTGAGEE'S AGREEMENT
if there is now or will be a mortgage on the property which Is or will be
recorded prior to the recording of the Lease, the offeror must notify the
contracting officer of the facts concerning such mortgage and, unless in
his sole discretion the contracting officer waives the requirement, the
offeror must furnish a Mortgagee's Agreement, which will consent to this
Lease and shall provide that, in the event of foreclosure, mortgagee,
successors, and assigns shall cause such foreclosures to be subject to
the Lease.
A.$ EQUAL OPPORTUNITY
a. The contractor may not discriminate against employees or applicants
because of race, color, religion, sex, or national origin. The contractor
will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to race,
color, religion, sex, or national origin. This action must Inblude, but not
be limited to, employment, upgrading, demotion, or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants, notices provided by the
contracting officer setting forth the provisions of this clause.
b. The contractor must, In all solicitations or advertisements for
employees placed by It or on its behalf, state that all qualified applicants
wilt be considered for employment without regard to race, color, religion,
sex, or national origin.
c. The contractor must send to each union or workers' representative
with which the contractor has a collective bargaining agreement or other
understanding, a notice, provided by the contraotlng officer, advising the
union or workers' representative of the contractor's commitment~ under
this clause, and must post copies of the notice in conspicuous places
available to employees and applicants.
d. The contractor must comply With all provisions of Executive Order
(EO) 11246 of September 24, 1965, as amended, and of the rules,
regulations, end relevant orders of the Secretary of Labor.
e. The contractor must furnish all information and reports required by
the Executive order, and by the rules, regulations, and orders of the
Secretary, and must permit access to the contractor`s books, records,
and accounts by the Postal Service and the Secretary for purposes of
Investigation to ascertain compliance with these rules,· regulations, and
6rders.
f. If the contractor falls to comply with this clause or with any of the
said rules, regulations, or orders, this contract may be canceled,
terminated, or euspended, in whole or In part; the contractor may be
declared Ineligible for further contracts In accordance with the Executive
order; end other aanctlon~ may be Imposed and remedies Invoked under
the Executive order,-or by rule, regulation, or order of the Secretary, or
as otherwise provided by law.
g. The contractor must insert this clause, Including this paragraph g, In
all subcontracts or purchase orders under this contract unless exempted
by Secretary of Labor rules, regulations, et: orders issued under the
Executive order. The contractor must take such acllon with respect to
any such subcontract or purchase order as the Postal Service may direct
as a means of enforcing the terms and conditions of this clause
(Including sanctions for noncompliance), provided, however, that if the
contractor becomes Involved in, or is threatened with, litigation as a
I II I iii II Iii I
Ri=~E:RMS (V2.2, June 1966) ~ ...... A-1
~ UNITED STATES ....
POST~L SERVICE~
result, the contractor may request the Postal Service to enier into the
litigation to protect the interests of the Postal Service.
h. Disputes under this clause will be governed by the procetlbras in 41
CFR 60-1.1. !il
A. 6 FACILITIES NONDISCRIMINATION
a. As used in this clause, the term "facility" means sto~s, shops,
restaurants, cafeterias, restrooms, and any other facility 6f a public
nature in the building in which the space covered by tht~!' Lease is
located.
b. The Lessor agrees that he will not discriminate by segregation or
otherwise against any person or persons because of race, religion, color,
age, sex, or,national origin in furnishing, or by refusing to furnish, to such
person or persons the use of any facility including any and all services,
privileges, accommodations, and activities provided thereby.
c. It is agreed that the Lassor's noncompliance with the pr~visions of
this clause shall constitute a material breach of this Lease. III the event
of such noncompliance, the Postal Service may take appropriate action
to enforce compliance, may terminate this lease, or may p~.Jrsue such
other remedies as may be provided by law. In the event of termination,
the Lessor shall be liable for all excess costs of the Postal Service in
acquiring substitute space, including but not limtted to the cost of moving
to such space.
d. The Lessor agrees to include, or to require the inclusion of the
foregoing provisions of this clause (with the terms "Lessor" and ~Lease"
appropriately modified) In every agreement or concession pursuant to
which any person other than the Lessor operates or has the right to
operate any facility. The Lessor also agrees that it will take such action
with respect to any such agreement as the Postal Service may direct as
a means of enforcing this clause, including but not limited to termination
of the agreement or concession.
~7 RESERVED
A.8 CONTINGENT FEES
a. The contractor warrants that no person or selling agency has been
employed or retained to solicit or obtain this contract for a commission,
percentage, brokerage, or contingent fee, except bona fide employees or
bona fide, established commemial or selling agencies employed by the
contractor for the purpose of obtaining business.
b. For breach or violation of this warranty, the Postal Service has the
right to annul this contract without liability or to deduct from the contract
price or otherwise recover the full amount of the .commission,
percentage, brokerage fee, or contingent fee.
c. Licensed real estate agents or brokers having listings on property for
rent, in accordance with general business practice, and who have not
obtained such licenses for the sole purpose of affecting this lease, may
be considered as bona fide employees or agencies within the exception
contained in this clause.
A.9 ASSIGNMENT OF CLAIMS
a. if this c~ntract provides for payments aggregating $10,000 or more,
claims for moneys due or to become due from the Postal Service under
it may be assigned to a bank, trust company,~ or other financing
institution, including any federal lending agency, and may thereafter be
further assigned and reassigned to any such institution. Any assignment
or reassignment must cover all amounts payable and must not be made
to more than one party, except that assignment or reassignment may be
made to one party as agent or trustee for two or more parties
participating in financing this contract. No assignment or reassignment
will be recognized as valid and binding upon the Postal Service unless a
General Conditions to USPS Lease
written notice of the assignment or reassignment, together with a true
copy of the instrument of assignment, is filed with:
1. The contracting officer;
2. The surety or sureties upon any bond; and
3. The office, if any, designated to make payment, and the
contracting officer has acknowledged the assignment in writing.
b. Assignment of this contract or any interest in this contract other than
in accordance with the provisions of this clause will be grounds for
termination of the contract for default at the option of the Postal Service.
c. Nothing contained herein shall be construed so as to prohibit transfer
of ownership of the demised premises, provided that: 1. such transfer is
subject to this agreement; and 2. both the original lessor and the
successor lessor execute the standard Lease Assignment and
Assumption form tO be provided by the USPS Contracting Officer.
A. 10 COMPLIANCE WITH OSHA STANDARDs
The Lessor must (i) comply with applicable Occupational Safety and
'Health Standards, title 29 Code of Federal Regulations, Part 1910,
promulgated pursuant to the authority of the Occupational Safety and
Health Act of 1970; (ii) comply with any other applicable federal, state,
or local regulation governing workplace safety to the extent they are not
in conflict with (I); and (iii) take all other proper precautions to protect the
health and safety of (a) any laborer or mechanic employed by the
Lessor In performance of this agreement, (b) Postal Service employees,
and (c) the public. The Lessor must include this clause in ali
subcontracts hereunder and to require its inclusion in all subcontracts of
a lower tier. The term "Lessor" as used in this clause in any subcontract
must be deemed to refer to the subcontractor.
A. 11 EXAMINATION OF RECORDS
a. The Postal Service and its authorized representatives will, until three
years after final payment under this contract, or for any shorter period
specified for particular records, have access to and the right to examine
any directly pertinent books, documents, papers, or other records of the
contractor involving transactions related to this contract.
b. The contractor agrees to include in all subcontracts under this
contract a provision to the effect that the Postal Service and Its
authorized representatives will, until three years after final payment
under the subcontract, or for any shorter specified period for particular
records, have access to and the right to examine any directly pertinent
books, documents, papers, or other records of the subcontractor
involving transactions related to the subcontract. The term "subcontract"
as used in this clause excludes:
1. Purchase orders; and
2. Subcontracts for public utility services at rates established for
uniform applicability to the general public.
A. 12 YEAR 2000 WARRANTY (REAL PROPERTY CONTRACTS)
The contractor warrants that all building systems required under this
contract (including, but not limited to, HVAC, electrical, lighting,
elevator, or security/alarm systems) which contain or are managed,
governed, or regulated in any manner by date-sensitive computer
hardware or software, will suffer no failure, irregularity, or interruption of
sen/ica based on failure accurately to process date data from, into, and
between the twentieth and twenty-first centuries, including recognizing
the year 2000 as a leap year. For breach of this warranty, the Postal
Sen/ice may require the contractor to repair or replace those portions of
any building syStem not performing as stated above.
The Postal Service may enforce this clause prior to January 1, 2000, if
testing of any system before that date results in a failure, irregularity, or
RETERMS (v2.2, June 1999)
UNITED ST/JTES
POST~L SERVICE. (J~,t~LI~/
interruption of service as described above. Accordingly, systems must
permit user-programmed date changes sufficient to simulate time
periods beginning with any future date, including without limitation
December 31, 1999. Nothing in this warranty may be construed to limit
any rights or remedies the Postal Service may otherwise have under this
contract with regard t.o Year 2000 compliance or any other defects or
failures.
A. 13 CLAIMS AND DISPUTES
a. This contract is subject to the Contract Disputes Act of 1978 (41
U.S.C. 601-613) ("the Act").
b. Except as provided in the Act, all disputes arising under or relating to
this contract must 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 as required by subparagraph d.2 below. 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 must be made in writing and submitted
to the contracting officer for a written decision. A claim by the Postal
Service against the contractor is subject to a written decision by the
contracting officer.
2. For contractor claims exceeding $100,000, the contractor must
submit with the claim the following certification:
"1 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 Postal Service
is liable, and that I am duly authorized to certify the claim on
behalf of the contractor."
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.
f. The contracting officer's decision is final unless the contractor
appeals or tiles a suit as provided in the Act.
g. When a claim is submitted' by or against a contractor, the pa~ties by
mutual consent may agree to use an alternative dispute resolution (ADR)
process to_ass!st in resolving the claim. A certification as described in
d(2) of this clause must be provided for any claim, regardless of dollar
amount, before ADR Is used.
h.. The Postal Service will pay interest on the amount found due and
unpaid from:
1. The date the contracting officer receives the claim (properly
certified if required); or
General Conditions to USPS Lease
2. The date payment otherwise would be due, if that date is later,
until the date of payment.
I. Simple interest on claims will be paid at a rate determined in
accordance with the Interest clause.
J. The contractor must 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.
A. 14 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS
The following Clause is applicable if this contract provides for payments
aggregating $2,500 or more.
a. The contractor may not discriminate against any employee or
applicant because of physical or mental handicap, in regard to any
position for which the employee or applicant is qualified. The contractor
agrees to take affirmative action to employ, advance in employment, and
otherwise treat qualified handicapped individuals without discrimination in
all employment practices, such as employment, upgrading, demotion or
transfer, recruitment, advertising, layoff or termination, rates of pay or
other forms of compensation, and selection for training (including
apprenticeship).
b. The contractor agrees to comply with the rules, regulations, and
relevant orders of the Secretary of Labor issued pursuant to the
Rehabilitation Act of 1973, as amended.
c. In the event of the contractor's noncompliance with this clause,
action may be taken in accordance with the rules and regulations and
relevant orders of the Secretary of Labor.
d. The contractor agrees to post in conspicuous places, available to
employees and applicants, notices in a form to be prescribed by the
Director, Office of Federal Contract Compliance Programs, provided by
or through the contracting officer. These notices state the contractor's
obligation under the law to take affirmative action to employ and advance
In employment qualified handicapped employees and applicants, and the
rights of applicants and employees.
e. The contractor must notify each union or worker's, representative with
which it has a collective bargaining agreement or other understanding
that the contractor is bound by the terms of section 503 of the Act and is
committed to taking affirmative action to employ, and advance in
employment, handicapped individuals.
f. The contractor must include this clause In every subcontract or
purchase order over $2,500 under this contract unless exempted by
rules, regulations, or orders of the Secretary issued pursuant to section
503 of the Act, so Its provisions will be binding upon each subcontractor
or vendor. The contractor must take such action with respect to any
subcontract or purchase order as the Director of the Office of Federal
Contract Compliance Programs may direct to enforce in these
provisions, including action for noncompliance.
A.15 AFFIRMATIVE .ACTION FOR DISABLED VETERANS AND
VETERANS OF THE VIETNAM ERA
If this contract provides for payments aggregating $10,000 or more, the
following clause is applicable.
a. The contractor may not discriminate against any employee or
applicant because that employee or applicant is a. disabled veteran or
veteran of the Vietnam era, in regard to any position for which the
employee or applicant is qualified. The contractor agrees to take
affirmative action to employ, advance in employment, and otherwise
treat qualified disabled veterans and veterans of the Vietnam era without
discrimination in all employment practices, such as employment,
upgrading, demotion or transfer, recruitment, advertising, layoff or
RETERMS (v2:2, June 1999) A-3
UNITED ST/JTES
PO--O-~-~SERVICE. (,) ~j [,~ t1~,~ ~,:~
termination, rates of pay or other forms of compensation, and Selection
for training (including apprenticeship).
b. The contrac~tor agrees to list all employment openings which 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 office of the state employment service where the
opening occurs. State and local government agencies holding Postal
Service contracts of $10,000 or more will also list their openings with the
appropriate office of the state employment service.
c. Listing of employment openings with the employment service system
will be made~ at least concurrently with the use of any other recruitment
source or effort and will involve the normal obligations attaching to the
placing of e bona fide job order, including the acceptance of referrals of
veterans and non-veterans. The listing of employment openings does not
require the hiring of any particular applicant or hiring from any particular
group of applicants, and nothing herein is intended to relieve the
contractor from any other requirements regarding nondiscrimination in
employment.
d. Whenever the contractor becomes contractually bound to the listing
provisions of this clause, it must advise the employment service system
in each;State where it has establishments of the name and location of
each hiring location In the State. The contractor may advise the State
system when it is no longer bound by this clause.
e. Paragraphs b, c, and d above do not apply to openings the
contractor proposes to fill from within its own organization or under a
customary and traditional employer/union hiring arrangement. But this
exclusion does not apply to a particular op. ening once the contractor
decides to consider applicants outside its own organization or
employer/union arrangements for that opening.
f. Definitions
1. All Employment Openings. This includes all positions except
executive and top management, those positions that will be filled
from within the contractor's organization, and positions lasting three
days or less. This also includes full-time.employment, temporary
employment of more than three days duration, and part-time
employment. Under the most compelling circumstances, an
employment opening may not be suitable for listing, Including
situations in. which the needs of the Postal Service cannot
reasonably be otherwise supplied, when listing would be contrary to
national security, or when listing would not be In the best interest of
the Postal Service,
2. Appropriate Office of the State Employment Service. This
means the local office of the federal/state national system of public
employment offices with assigned responsibility for serving the area
where the employment opening is to be filled, including the District of
Columbia, Guam, the Commonwealth of Puerto Rico, and the Virgin
islands.
3. Positions That Wilt be Filled From Within the Contractor's Own
Organization. This means employment openings for which no
consideration wilt be given to persons outside the contractor's'
organization_ (including any affiliates, subsidiaries and parent
companies) and includes any openings which the contractor
proposes to fill from regularly established recall lists.
4. Openings the Contractor Proposes to Fill Under a Customary
and Traditional Employer/Union Hiring Arrangement. Employment
openings the contractor proposes to fill from union halls as part of
the customary and traditional hiring relationship existing between it
and representatives of its employees.
General Conditions to USPS Lease
g. The conffactor agrees to comply with the rules, regulations, and
relevant orders of the Secretary of Labor issued pursuant to the Vietnam
Era Veterans Readjustment Assistance Act of 1972, as amended.
h. In the event of the contractor's noncompllanc~ with this clause,
action may be taken In accordance with the rules, regulations, and
relevant orders of the Secretary.
i. The contractor agrees to post in conspicuous places, available to
employees and applicants, notices in a form to be prescribed by the
Director, Office of Federal Contract Compliance Programs, provided by
or through the contracting officer. These notices state the contractor's
obligation under the law to take affirmative action to employ and advance
in employment qualified disabled veterans and veterans of the Vietnam
era, and the rights of applicants and employees.
j.. The contractor must notify each union or workers' representative with
which it has a collective bargaining agreement or other understanding
that the contractor is 'bound by the terms of the Act and is committed to
taking affirmative action to employ, and advance in employment,
qualified disabled veterans and veterans of the Vietnam era.
k. The contractor must include this clause in every subcontract or
purchase order of $10,000 or more under this contract unless exempted
by rules, regulations, or orders of the Secretary issued pursuant to the .
Act, so its provisions will be binding upon each subcontractor or vendor.
The contractor must take such action with respect to any subcontract or
purchase order es the Director of the Office of Federal Contract
Compliance Programs may direct to enforce in these provisions,
including action for noncompliance.
A. 16 GRATUITIES OR GIFTS
a. The Postal Service ma.y terminate this contract for default if, after
notice and a hearing, the Postal Service Board of Contract Appeals
determines that the contractor or the contractor's agent or other
representative:
1. Offered or gave a gratuity or gift (as defined in 5 CFR 2635) to
an officer or employee of the Postal Service; and
2. intended by the gratuity to obtain a contract or favorable
treatment under a contract.
b. The rights and remedies of the Postal Service provided in this clause
are in addition to any other rights and remedies provided by law or under
this contract.
A, 17 HAZARDOUS/TOXIC CONDITIONS CLAUSE
"Asbestos containing building material" (ACBM) means any material
containing more than 1% asbestos as determined by using the method
speCified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos
material" means any ACBM that when dry, can be crumbled, pulverized,
or reduced to powder by hand pressure.
The Lessor must identify and disclose the presence, location and'
quantity of all ACBM or presumed asbestos containing material (PACM)
which includes all thermal system insulation, sprayed on and troweled on
surfacing materials, and asphalt and vinyl flooring material unless such
material has been tested and identified as non-ACBM. The Lessor
agrees to disclose any information concerning the presence of lead-
based paint, radon above 4 pCl/L, and lead piping or solder in drinking
water systems in the building, to the Postal Servioe.
Sites cannot have any contaminated soil or water above applicable
federal, state or local action levels or undisclosed underground storage
tanks. Unless due to the act or negligence of the Postal Service, if
contaminated soil, water, underground storage tanks or piping or friable
asbestos material or any other hazardous/toxic materials or substances
as defined by applicable Local, State or Federal law is subsequently
UNITED STATES
POSTAL SERVICE.
identified on the premi§es, the Lessor agrees to remove such materials
or substances upon notification by the U. S. Postal Service at Lessor's
sole cost and expense in accordance with EPA and/or State guidelines.
If ACBM is subsequently found in the building which reasonably should
have been determined, identified, or known to the Lessor, the Lessor
agrees to conduct, at Lessor's sole expense, an asbestos survey
pursuant to the standards of the Asbestos Hazard Emergency Response
Act (AHERA), establish an Operations and Maintenance lO&M) plan for
asbestos management, and provide the survey report and plan to. the
Postal Service. If the Lessor fails to remove any friable asbestos or
hazardous/toxic materials or substances, or complete an AHERA
asbestos survey and O&M plan, the Postal Service has the right to
accomplish the work and deduct the cost plus administrative costs, from
future rent payments or recover these costs from Lessor by other means,
or may, at its sole option, cancel this Lease. In addition, the Postal
Service may' proportionally abate the rent for any period the premises, or
any part thereof, are determined by the Postal Service to have. been
rendered unavailable to it by reason of such condition.
The remainder of this clause applies if this Lease is for premises not
previously occupied by the Postal Service.
By execution of this Lease the Lessor certifies:
1. the property and improvements are free of all contamination from
petroleum products or any hazardous/toxic or unhealthy materials or
substances, including friable asbestos materials, as. defined by
applicable State or Federal law;
2. there are no undisclosed underground storage tanks or
associated piping, ACBM, radon, lead-based paint, or lead piping or
solder In drinking water systems, on the property; and
3. it has not received, nor is it aware of, any notification or other
communication from any governmental or regulatory entity
. concerning any environmental condition, or violation or potential
violation of any local, state, or federal environmental statute or
regulation, existing at or adjacent to the property.
The Lessor hereby indemnifies and holds harmless the Postal Service
and its officers, agents, representatives, and employees from all claims,
loss, damage, actions, causes of action, expense, fees and/or liability
resulting from, brought for, or on account of any violation of this clause.
A.18 ADVERTISING OF CONTRACT AWARDS
Except with the contracting officer's prior approval, the contractor agrees
not to refer in its commercial advertising to the fact that it was aWarded a
Postal Service contract or to imply in any manner that the Postal Service
endorses its products.
A.19 RECORDING
This agreement or a memorandum hereof, must be recorded at the
expense of the Lessorl Such expense includes all fees required for or
incident to recording. If the Lessor fails to record the Lease, or a
memorandum thereof, the Postal Service may record the Lease or a
memorandum thereof, and deduct all costs associated.therewith from
future rents.
A.20 SUBLEASE
The Postal Service may sublet all or any part of the premises or assign
this lease but shall not be relieved from any obligation under this lease
by reason of any subletting or assignment.
A.21 ALTERATIONS
The Postal Service shall have the right to make alterations, attach
fixtures and erect additions, structures or sighs in or upon the premises
General Conditions to USPS Lease
hereby leased (provided such alterations, additions, structures, or signs
shall not be detrimental to or inconsistent with the rights granted to other
tenants on the property or in the building in which said premises are
located); which fixtures, additions or structures so placed in, upon or
attached to the said premises shall be and remain the property of the
Postal Service and may be removed or otherwise disposed of by the
Postal Service. Prior to expiration or termination of this lease the Postal
Service may remove such alterations and improvements and restore the
premises to as good condition as that existing at the time of entering
upon the same under the lease, reasonable and ordinary wear and tear
and damages by the elements or by circumstances over which the
Postal Service has no control, excepted, if however, at the ~xpiratlon or
termination of the lease or any renewal or extension thereof, the Postal
Service elects not to remove such alterations and/or improvements, said
alterations and/or improvements shall become the property of the Lessor
and any rights of restoration are waived.
A.22 APPLICABLE CODES AND ORDINANCi;S
The Lessor~ as part of the rental consideration, agrees to comply with all
codes and ordinances applicable to the ownership and operation of the
building in which the rented space is situated and to obtain all necessary
permits and related items at no cost to the Postal Service.
A.23 DAMAGE OR DESTRUCTION OF PREMISES
if the demised premises or any portion thereof are damaged or
destroyed by fire or other casualty, Acts of God, of a public enemy, riot
or insurrection or are otherwise determined by the Postal Service to be
unfit for use and occupancy, the Postal Service may;
a. terminate this lease as of the date the premises become unfit for use
and occupancy, or
b. require the Lessor to repair or rebuild the premises as necessary to
restore them to tenantable condition to the satisfaction of the Postal
Service. For any period the premises, or any part thereof, are unfit for
use and occupancy, the rent will be abated in proportion to the area
determined by the Postal Service to be untenantable. Unfitness for use
does not include unsuitability arising from such causes as design, size,
or location of the premises, or
c. accomplish all repair necessary for postal occupancy and deduct all
such costs, plus administrative burden from future rents.
A.24 LESSOR OBLIGATIONS
The Lessor's obligations regarding the services to be provided are further
defined as follows:
a. If heating system and fuel are furnished - Lessor must furnish
heating system together with all fuel required for proper operation of the
system during the continuance of the Lease. The system must be in
good working order and, if maintained by the Lessor, will be maintained
in accordance with the Maintenance Rider attached hereto. Any
Investigative or remediaflon cost associated with a release of fuel from
the system, including any fuel tank, shall be the responsibility of the
Lessor, unless the release is cause by the act or negligence of the
Postal Service.
b. If heat is furnished - Lessor must maintain a uniform heating
temperature of 65 degrees F. In all enclosed portions of the demised
premises during the continuance of the Lease.
c. If heating system is furnished - Lessor must furnish heating system
in good working order and, if maintained by Lessor, will be maintained in
accordance with th.e Maintenance Rider attached hereto. Any
Investigative or remediation cost associated with a release of fuel from
the system, including any fuel tank, shall be the responsibility of the
RETERMS (v2.2, June 1999) A-5
UNITED STATES
PO-~-~T~
General Conditions to USPS Lease
Lessor, unless the release is cause by the act or negligence of the
Postal Service.
d. If lighting fixtures and power are furnished - Lessor must provide light
fixtures in good working order as well as pay all recurring electric bills.
e. If light fixtures are furnished * Lessor.'must provide light fixtures in
good working order.
f. If electricity is furnished - Lessor must pay for all recurring electric
bills and furnish the electrical system during the continuance of the
Lease.
g. If electrical system Is furnished - Lessor must furnish an electrical
system in gqod working order having a separate electrical meter.
h. If water system and water service are furnished - Lessor must
furnish a water system in good working order and pay for all recurring
water bills during the continuance of the Lease.
i. If water system is furnished - Lessor must furnish a water system in
good working order with separate water meter.
J. If sewerage system and sewerage service Is furnished - Lessor
agrees to furnish sewerage systems including all equipment, piping,
plumbing, lines, connections, septic tanks, field lines and related
devices, as necessarY and to pay all charges, fees and other costs for
such system and services during the continuance of the Lease.
k. If sewerage system is furnished - Lessor agrees to furnish sewerage
systems including all equipment, piping, plumbing, lines, connections,
septic tanks, field lines, and related devices, as necessarY during the
continuance of the Lease.
I. Future Availability of Public Water and/or Sewerage Services -
Regardless of Lessor's responsibility for water and/or sewerage under
this Lease, if public water and/or sewerage services are not currently
available, but become available In the future, the Lessor agrees to
accomplish connection, maintain, and pay all fees and costs involved in
connecting'the bulldihg system to the public water and/or sewerage
systems. After connection, the Postal Service agrees to pay recurring
charges for water consumption and use of sewerage services. If
connection of such services is optional, the Postal Service will determine
if the connection is to be made by the Lessor.
m. If air-conditioning equipment end operating power are provided -
Lessor must furnish air-conditioning equipment together with all power
required for proper operation of the equipment during the continuance of
the Lease. The equipment must be in good working order and, if
maintained by the Lessor, will be maintained in accordance with the
Maintenance Rider attached hereto.
n. If air-conditioning equipment is furnished - Lessor must furnish air
conditioning equipment in the demised premises in good working order
and, if maintained by Lessor, will be maintained in accordance with the
Maintenance Rider included attached hereto.
o. If air-conditioning is furnished - Lessor must maintain a uniform
temperature of no greater than 78 degrees F. in all enclosed portions of
the demised premises and be responsible for servicing of the air
conditioning equipment including, but not limited to, the replacement of
necessary filters and refrigerant as required for proper operation of the
equipment together with power, water and other services for its
operation.
A.25 LESSOR'S SUCCESSORS
The terms and provisions of this Lease and the conditions herein are
binding on the Lessor, and all heirs, executors, administrators,
successors, and assigns.
~26 RESERVED
A.27 DAVIS-BACON ACT
The following is applicable If this agreement covers premises of net
interior space in excess of 6,500 square feet and Involves construction
work over $2,000.00.
a. Minimum Wages
1. All mechanics and laborers employed in the contract work (other
than maintenance work of a recurring, routine nature necessary to
keep the building or space in condition to be continuously used at an
established capacity and efficiency for its intended purpose) must be
paid unconditionally, and not less than once a week, without
deduction or rebate (except for deductions permitted by the
Copeland. Regulations (29 CFR Part 3)), the amounts due at the time
of payment computed at rates not less than the aggregate of the
basic hourly rates and rates of payments, contributions, or costs for
any fringe benefits contained in the wage-determination decision of
the Secretary of Labor, attached hereto, regardless of any
contractual relationship alleged to exist between the Lessor, or
subcontractor and these laborers and mechanics. A copy of the
wage-determination decision must be kept posted by the Lessor at
the site of the work In a prominent place where It can easily be seen
by the workers.
2. The Lessor may discharge its obligation under this clause to
workers In any classification for which the wage-determination
decision contains:
(a) Only a basic hourly rate of pay, by making payment at not
less than that rate, except as otherwise provided in the copeland
Regulations (29 CFR Part 3); or
(b) Both a basic hourly rate of pay and fringe-benefit payments,
by paying in cash, by irrevocably contributing to a fund, plan, or
program for, or by assuming an enforceable commitment to bear
the cost of, bona fide fringe benefits contemplated by 40 U.S.C.
276a, or by a combination of these.
3. ContYibutlons made, or costs assumed, on other than a weekly
basis (but not tess often than quarterly) are considered as having
been constructively made for a weekly period. When a fringe benefit
is expressed in a wage determination in any manner other than as
an hourly rate and the Lessor pays a cash equivalent or provides an
alternative fringe benefit, the Lessor must furnish information with
the Lessor's payrolls showing how the Lessor determined that the
cost incurred to make the cash payment or to provide the alternative
fringe benefit is equal to the cost of the wage-determination fringe
benefits. When the Lessor provides a fringe benefit different from
that contained in the wage determination, the Lessor must show how
the hourly rate was arrived at. In the event of disagreement as to an
equivalent of any fringe benefit, the contracting officer must submit
the question, together with the contracting officer's recommendation,
to the Secretary of Labor for final determination.
4. If the contractor does not make payments to a trustee or other
third person, the contractor may consider as payment of wages the
costs reasonably anticipated in providing bona fide fringe benefits,
but only with the approval of the Secretary of Labor pursuant to a
written request by the Lessor. The Secretary of Labor may require
the Lessor to set aside assets in a separate account, to meet the
Lesecr's obligations under any unfunded plan or program.
5. The contracting officer will require that any class of laborers or
mechanics not listed in the wage-determination but to be employed
under the contract will be classified in conformance with the wage-
determination and report the !~cfion taken to the Administrator of the
Wage and Hour Division, Employment Standards Administration,
RETERMS (v2.2, ~nJ.J~) A-5
~ ~::~-~:::,.-~ ~ -_____ .
UNITED ST/JTES
U.S. Department of Labor, Washington, D.C, 20210-0001, for
approval. The contracting officer will approve an additional
classification and wage rate and fringe benefits therefor only if:
(a) The work to be performed by the classification requested is
not performed by a classification in the wage-determination;
(bi The classification is utilized in the area by the construction
industry; and
(c) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
6. If the Lessor, the laborers or mechanics to be employed in the
classifica, tion or their representatives, and the contracting officer do
not agree on the proposed classification and wage rate and fringe
benefits therefor, the contracting officer must submit the question,
together with the views of the interested parties and the contracting
officer's recommendation, to the Wage and Hour Administrator for
final determination. The Administrator or authorized representative
will, within 30 days of receipt, approve, modify, or disapprove every
proposed additional classification action, or issue a final
determination if the parties disagree, and so advise the contracting
officer or advise that additional time is necessary. The final
approved wage rate (and fringe benefits If appropriate) must be paid
to all workers performing work in the classification under the contract
from the first day work is performed in the classification. The Lessor
will post a copy of the final determination of the conformance action
with the wage-determination determination at the site of the work.
(The Department of Labor information collection and reporting
requirements contained in subparagraph a.5 above and in this
subparagraph a.6 have been approved by the Office of Management
and Budget under OMB control number 1215-0140.)
Apprentices and Trainees
1. Apprentices may be permitted to work only when
(a) registered, individually, under a bona fide apprenticeship
program registered with a State apprenticeship agency
recognized by the Bureau of Apprenticeship and Training,
U.S. Department of Labor, or, if no such recognized agency
exists in a state, under a program registered with the
Bureau of Apprenticeship and Training; or
(bi if not individually registered in the program, certified by the
Bureau of Apprenticeship and Training or state agency (as
appropriate) to be eligible for probationary emplo~yment as
an apprentice. Trainees may be permitted to work only if
individually registered in a program approved by the
Employment and Training Administration, U.S. Department
of Labor.
2. The ratio of apprentices to journeymen or trainees to journeymen
in any craft classification must not be greater than that permitted for
the Lessor's entire work force under the registered apprenticeship or
trainee program. Apprentices and trainees must be paid at least the
applicable wage rates and fringe benefits specified in the approved
apprenticeship or trainee program for the particular apprentice's or
trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage-
determination. If the apprenticeship or trainee program does not
specify fringe benefits, apprentices or trainees must be paid in the
full amount of fringe benef~ listed on the wage-determination for the
applicable classification unless the Administrator of Wage and Hour
Division determines that a different practice prevails. Any employee
listed on a payroll at an apprentice or trainee wage rate r~ot
registered, or performing work on the job site In excess of the ratio
permitted under the registered program, must be paid the wage rate
General Conditions to USPS Lease
on the wage determination for the classification of work .actually
performed.
3. If the Bureau of Apprenticeship and Training or State agency
recognized by the Bureau (as appropriate) withdraws approval of an
apprenticeship program, or if the Employment and Training
Administration withdraws approval of a trainee program, the
contractor will no longer be permitted to utilize apprentices or
trainees (as appropriate) at less than the applicable predetermined
rate for the work performed until an acceptable program is approved.
(See 29 CFR 5.16 for special provisions that apply to training plans
approved or recognized by the Department of Labor prior to August
20, 1975.)
4. The utilization of apprentices, trainees, and journeymen must be
in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
Overtime Compensation
1. The Lessor may not require or permit any laborer or mechanic
employed on any work under this contract to work more than 40
hours in any workweek on work subject to the provisions of the
Contract Work Hours and Safety Standards Act (40 U,S.C. 327-333),
unless the laborer or mechanic receives compensation at a rate not
less than one-and-one-haft times the laborer's or mechanic's basic
rate of pay for all such hours worked in excess of 40 hours.
2. For violations of subparagraph c.1 above, the Lessor is liable for
liquidated damages, which will be computed for each laborer or
mechanic at $10 for each day on which the employee was required
or permitted to work in violation of subparagraph c. 1 above.
3. The contracting officer may withhold from the Lessor sums as
may administratively be determined necessary to satisfy any
liabilities of the Lessor for unpaid wages and liquidated damages
pursuant to subparagraph c.2 above.
Payroll and Other Records
1. For all laborers and mechanics employed in the work covered by
this clause, the Lessor must maintain payrolls and related basic
records and preserve them for a period of three years after contract
completion. The records must contain the name, address,, and
social security number of each employee, the employee's correct
classification, rate of pay (including rates of contributions for, or
costs assumed to provide, fringe benefits), the daily and weekly
number of hours worked, deductions made, and actual wages paid.
Whenever the Lessor has obtained approval from the Secretary of
Labor to assume a commitment to bear the cost of fringe benefits
under subparagraph a.4 above, the Lessor must maintain records
showing the commitment and its approval, communication of the
plan or program to the employees affected, and the costs anticipated
or incurred under the plan or program. Lessors employing
apprentices or trainees under approved programs must maintain
written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed In the
applicable programs. (The Departm.ent of Labor information
collection and record keeping requirements in this subparagraph d. 1
have been approved by the Office of Management and Budget under
OMB control numbers 1215-0140 and 1215-0017).
2~ The Lessor must submit weekly, for each week in which any
work covered by this clause is performed, a copy of all payrolls to the
contracting officer. The Lessor is responsible for the submission of
copies of payrolls of all subcontractors. The copy must be
accompanied by a statement signed by the Lessor indicating that the
payrolls are correct and complete, that the wage rates contained in
them are not less than those determined by the Secretary of Labor,
RETERMS (v2.2, June 1999) A-7
UNITED ST/JTES
POSTAL SERVICE,.
General Conditions to USPS Lease
and that the classifications set forth for each laborer or mechanic ·
conform with the work the laborer or mechanic pedormed.
Submission of the Weekly Statement of Compliance (see 29 CFR
5.5(a)(3)(ii)) required under this agreement satisfies this requirement.
As required by this clause, the Lessor must submit a copy of any
approval by the Secretary of Labor. (1-he Department of Labor
information collection and reporting requirements in this
subparagraph d.2 have been approved by the Office of Management
and Budget under OMB, control number 1215-014.9.)
3. The Lessor's records required under this clause must be
available for inspection by authorized representatives of the
contracting officer and the Department of Labor, and the Lessor
must permit the representative to interview employees during
working hours on the job.
4. Th~ Lessor must comply with the Copeland Regulations of the
Secretary of Labor (29 CFR Part 3), which are hereby incorporated in
this contract by reference.
e. ' Withholding of Funds. The contracting officer may withhold from the
Lessor under this or any other contract with the Lessor so much of the
accrued payments or advances as is considered necessary to pay all
laborers and mechanics the full amount of wages required by this
contract or any other contract subject to the Davis-Bacon prevailing
wage requirements that is held by the Lessor.
f. Subcontracts
1. If the Lessor or any subcontractor fails to pay any laborer or
mechanic employed on the site of the work any of the wages
required by the contract, {he contracting officer may, after
written notice to the lessor, suspend further payments or
advances to the lessor until violations have ceased.
2. The lessor agrees to insert this clause, including this paragraph
f, in all subcontracts hereunder. The term "lessor" as used in
this clause in any subcontract, is deemed to refer to the lower-
tier subcontractor.
g. Compliance with Davis-Bacon and Related Acts Requirements. All
rulings and interpretations of the Davis-Bacon Act and related acts
contained in 29 CFR Parts 1, 3, and 5 are hereby Incorporated by
reference in this contract.
and the Postal Service, the U.S. Department of Labor, or the
employees or their representatives.
A.28 BANKRUPTCY
In the event the Lessor enters into proceedings relating to bankruptcy,
whether voluntary or involuntary, the Lessor will furnish, by certified mail,
written notification of the bankruptcy to the contracting officer responsible
for administering the contract. The notification must be furnished within
five days of the initiation of the bankruptcy proceedings. The notification
must include the date on which the bankruptcy petition was. filed, the
court in which the petition was filed, and a list of Postal Service contracts
and contracting officers for all Postal Service contracts for which final
payment has not yet been made. This obligation remains in effect until
final payment under this contract.
RETERMS (v2.2, June 1999)
h. Certification of Eligibility ~
1. By entering into this contract, the lessor certifies that neither it
or any person or firm having an interest in the lessor is ineligible
to be awarded contracts by virtue of section 3(a) of the Davis-
Bacon Act or 29 CFR 5.12(a)(1).
2. No part of this contract will be subcontracted to any person or
firm ineligible for contract award by virtue of section 3(a) of.the
Davis~Bacon ACt or 29 CFR 5.12(a)(1).
3. The penalty for making false statements is prescribed in the.
U.S. Criminal Code, 18 U.S.C. 1001.
i. Contract Termination and Debarment. A breach of this Davis-
Bacon Act clause may be grounds for termination of the contract
and debarment as a contractor and subcontractor as provided in 29
CFR 5.12.
j. Disputes Concerning Labor Standards. Disputes arising out of the
labor standards provisions of this contract are not subject to the
Claims and Disputes clause. They will be resolved in accordance
with the procedures of the Department of Labor set forth in 29 CFR
Parts 5, 6, and 7. Disputes within the meaning of this clause
include disputes between the lessor (or any of its subcontractors)
A-8
UNITED ST/~TES
Representations and Certifications
SECTION B
B.1 TYPE OF BUSINESS ORGANIZATION
The offeror, by checking the applicable blocks, represents that it:
a. Operates as [] a corporation incorporated under the laws of the State of ., [] an individual,
[] a partnership, [] a joint venture, [] a non-profit organization, or [] an educational institution; and'
b. Is a [] small business concern, [] minority-owned business, [] woman-owned business, [] labor surplus area concern,
[] educational or other non-profit organization, or [] none of the above entities.
c. SMALL BUSINESS CONCERN. A small business concern for the purposes of Postal Service procurement is a concern,
including its, affiliates, which is independently owned and operated, is not dominant in the field of operations in which it is submitting
an offer, and is of a size consistent with the standards set forth by SBA in CFR Part 121, or if no standard has. been established,
then of a size employing not more than 500 employees. (Aisc see USPS Procurement Manual, Chapter 10, Section 1.)
d. MINORITY-OWNED BUSINESS. A minority-owned business is a concern that is at least 51 percent owned by, and Whose
management and daily business operations are controlled by, one or more members of a socially and economically disadvantaged
minority group, namely U.S. citizens who are black Americans, Hispanic Americans, Nat ve Americans, Asian-Pacific Americans,' or
Asian-Indian Americans. ("Native Americans" means American Indians, Eskimos, Aleuts, and native Hawaiians. "Asian-Pacific
Americans" means those whose origins are in Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust
Territories of the Pacific Islands, the Northern Marianas Islands, Laos, Kampuchea, or Taiwan. "Asian-Indian Americans" means
those whose origins are in India, Pakistan, or Bangladesh.)
e. WOMAN-OWNED BUSINESS. A woman-owned business is a business which is at least 51 percent owned, controlled, and
operated by a woman or women. Controlled is defined as exercising the power to make policy decisions. Operated is defined as
actively involved in the day-to-day management.
f. LABOR SURPLUS AREA. A geographical area which at the time of award is either a section of concentrated unemployment or
underemployment, a persistent labor surplus area, or a substantial labor surplus area, as defined in this paragraph.
1. Section of concentrated unemployment or underemployment means appropriate sections of States or labor areas so
classified by the Secretary of Labor.
2. Persistent labor surplus area means an area which is classified by the Department of Labor as an area of substantial and
persistent labor surplus (als.o called Area of Substantial and Persistent Unemployment) and is listed as such by that Department
in conjunction with its publication, Area Trends in Employment and Unemployment.
3. Substantial labor surplus area means an area which is classified by the Department of LabOr as an area of substantial labor
surplus (also called Area of Substantial Unemployment) and which is listed as such by that Department in conjunction with its
publication, Area Trends in Employment and Unemployment.
g. LABOR SURPLUS AREA CONCERN. A firm which will perform or cause to be performed a substantial proportion of a contract
in a labor surplus area.
h. EDUCATIONAL OR OTHER NON.PROFIT ORGANIZATION. Any corporation, foundation, trust, or other institution operated for
scientific or educational purposes, not organized for profit, no part of the net earnings of which inures to the profits of any private
shareholder or individual.
B.2 PARENT COMPANY AND TAXPAYER IDENTIFICATION NUMBER
a. A parent company is one that owns or controls the basic business policies of an offeror. To own means to own more than 50
percent of the voting rights in the offeror. To control means to be able to formulate, determine, or veto basic business policy
decisions of the offeror. A parent company need not own the offeror to control it; it may exercise control through the use of dominant
minority voting rights, proxy voting, contractual arrangements, or otherwise.
b. Enter the,offeror's Taxpayer Identification Number (TIN) in the space provided. The TIN is the offer0r's Social Security Number or
other Employee Identification Number used on the offeror's Quarterly Federal Tax Return, U.S. Treasury Form 941.
Offeror'S TIN: ~'.~ ~ '-/~'.~ ~.~//
c. [] Check this block if the offeror is owned or controlled by a parent company.
REREP$ (v2.2, June 1999) B-!
UNITED ST/JTES
PO~O-~-~-~ SE-~-~-V~F.~
Representations and certifications
.d. If the block above is checked, provide the following information about the parent company:
Parent Company's Name: '~'f~.~:~' ~.~ ~"?~ (-.~~ ....
Parent Company's Main Office Address:
No. and Street:
City: State: ~ Zip Code:
Parent Company's TIN:
e. If the offeror is a member of an affiliated group that flies its federal income tax return on a consolidated basis (whether or not the
offeror is owned or controlled by a parent company, as provided above) provide the name and TIN of the common parent of the
affiliated group:
Name of Common Parent:
Common Parent's TIN:
B.3 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION '
a. By submitting this proposal, the offeror certifies, and in the case of a joint proposal each party to it certifies as to its own
organization, that in connection with this solicitation:
1. The prices proposed have been arrived at independently, without consultation, communication, or agreement, for the purpose
of restricting competition, as to any matter relating to the prices with any other offeror or with any competitor;
2. Unless otherwise required by law, the prices Proposed have not been and will not be knowingly disclosed by the offeror
before award of a contract, directly or indirectly to any other offeror or to any competitor; and
3. No attempt has been made or will be made by the offeror to induce any other person or firm to submit or not submit a
proposal for the purpose of restricting competition.
b. Each person signing this proposal certifies that:
1. He or she is the person in the offer°r's organization responsible for the decision as to the prices being offered herein and that
he or she has not partic pated~ and will not participate, in any action contrary to paragraph a above; or
2. He or she is not the person in the offeror's organization responsible for the decision as to the prices being offered but that he
or she has been authorized in writing to act as agent for the persons responsible in certifying that they have not participated, and
will not participate, in any action contrary to paragraph a above, and as their agent does hereby so certify; and he or she has
not participated and will not participate, in any action contrary to paragraph a above.
Modification or deletion of any provision in this certificate may result in the rejection of the proposal as unacceptable. Any
by a .signed statement explaining the reasons and describing in detail any
Co
modification or deletion should be accompanied
disclosure or communication.
B.4 CONTINGENT.FEE REPRESENTATION
a. The offeror must complete the following representations:
1. The offeror [] has [] has not employed or retained any company or person (other than a full-time bona fide employee
working solely for the offeror) to solicit or secure this contract.
2. The offeror [] has [~ has not paid or agreed to pay any company or person (other than a full-time bona fide employee
working solely for the offeror) any fee, commission, percentage, or brokerage fee, contingent upon or resulting from the award of
this contract.
b. If eithe~ representation is In the affirmative, or upon request of the contracting officer, the offeror must furnish, in duplicate, a
completed Form 7319, "Contractor's Statement of Contingent or Other Fees," and any other information requested by the contracting
officer: If the offeror has previously furnished a completed Form 7319 to the office issuing this solicitation, it may accompany its
proposal with a signed statement--
1. Indicating when the'completed form 'was previously furnished;
2. Identifying the number of the previous solicitation or contract, if any, in connection with which the form ~was submitted; and
3. Representing that the statement on the form is applicable to this proposal.
REREPS (v2.2, June 1999) ~ B-2
UNITED ST/JTE$~
Representations and Certifications
c. Licensed real estate agents or brokers having Ilstl~s on property for rent, In accordance with general business practice, and
who have not obtained such licenses for the sole purF~se of affecting this lease, may be considered as bona fide employees or
agencies within the exception contained In this clause.
B.5 CERTIFICATION OF NONSEGREGATED.F,',~ClLITIE~
a. By submitting this proposal, the offeror certifies that
facilities at any of its establishments, and that it does nc
Its control where segregated facilities are maintained. T
Opportunity clause in this contract.
b. As used in this certlficatlon, "segregated facilities"
or other eating areas, time clocks, locker rooms or otl~
entertainment areas, transportation, or housing facllltl~
fact segregated on the basis of race, color, religion, or Hi
i does not ~nd will not maintain or provide for its employees any segregated
lend will r~ot permit its employees to perform services at any location under
~ offeror ~grees that a breach of this certification is a violation of the Equal
ans any waiting rooms, Work areas, rest rooms or wash rooms, restaurants
r storage or dressing areas, parking lots, drinking fountains, recreation or
provided for employees that are segregated by explicit directive or are In
Jonal origin, because of habit, local custom, or otherwise.
c. The offeror further agrees that (unless It has obt~ ed identical certifications from proposed subcontractors for specific time
periods) it will obtain Identical certifications from propo., d subcontractors before awarding subcontracts exceeding $10;000 that are
not exempt from the provisions of the Equal Opportunity ilause; that it will retain these certifications In Its flips; and that it will forward
the following notice to these proposed subcontractors :(except when they have submitted identical certifications for specific time
periods).
NOTICE ¥
A certification of nonsegregated fac!lities must be Submi. ited before the award of a subcontract exceeding :$10,000 that is not exempt
from the Equal Opportunity clause. The certification m~¥ be submi~ted either for each subcontract or for all subcontracts during a
period (quarterly, semiannually, or annuallY).
B.6 RESERVED J ,
B.7 LEASES BETWEEN THE POSTAL SERVICE AND ITS EMPLOYEES, CONTRACT EMPLOYEES, OR
BUSINESS ORGANIZATIONS SUBSTANTIALLY OWNED OR CONTROLLED BY POSTAL SERVICE EMPLOYEES
OR CONTRACT EMPLOYEES
By submitting this proposal, the offeror certifies that'the offeror [] Is, [~'ls not an employee, a personal service contract employee
or a member of the immediate .family of..a Postal Service employee or personal service contra=t employee OR a business
organization (partnership, corporation, joint venture, etc.) substantially owned or controlled by a Postal Service employee, a personal
service contract employee, or a member of the immediate family of a Postal Servlca employee or personal servlca contract
employee. "Immediate family" means spouse, minor child or children, and other individuals related to the employee by blood who
are residents of the employee's household.
~flEP8 (v2,2, J~me 199S)
B-3
UNITED ST/.ITES
POSTAL SERVlC~) ~ ~ ~ ,~; ~ ,7
Maintenance Rider
USPS Responsibility (Partial)
a. If the Postal Service is assuming maintenanc~J~esponsibility for the demised premises for the first time, the Lessor
must correct all maintenance deficiencies and ~tain a written certification from a professional HVAC firm that the
heating, ventilating and air conditioning systems have been maintained and are in proper working condition. The Lessor
will remain responsible until all deferred maintenance work has been completed to the satisfaction of the Postal Service
and Postal Serv ce is in receipt of and accepts the~:~forementioned written certification.
b. The term "demised premises" as used in this ~i~ter includes the premises described in the Lease, the improvements
and appurtenances to such premises and all equipment and fixtures furnished, or to be furnished, by the Lessor under
this Lease. ~'*
c. The Postal Service is responsible for ordinary ~pairs to, and maintenance of the demised Premises except for those
repairs that are specifically made the responsibility of the Lessor in this Lease. The responsibility of the Postal Service
as stated herein will be fulfilled at such time and itt such manner as the Postal Service considers necessary to keep the
demised premises in proper condition.
d. The Lessor is responsible for:
(1) Repairs to all common or joint use areas, ~..ommon or joint use equipment and fixtures that may be included as
part of this Lease.
(2) All repairs to structural elements and all parts of the roof system. The term "structural elements" as used in this
clause is limited to the foundation, bear ng walls, floors (not including floor covering), and column supports. The roof
system includes, but is not limited to, the roof COvering, flashing and insulation, and roof beams, joists, and deck.
(3) Repairs resulting from Acts of God, of a public enemy, riot or insurrection,
(4) Inspection, prevention and eradication of termites and any other wood eating insects and for repairs of any
damage resulting therefrom.
(5) Repairs resulting from defects i,n building construction or installation of equipment, fixtures,' or appurtenances
furnished by the Lessor.
(6) Repairs resulting from fire or other casualties, unless such casualties were caused by the negligence of
employees or agents of the Postal Se[vice.
(7) Any ordinary repairs by the Postal Service which were made necessary by the failure of any element for which the
Lessor is responsible.
e. When the need arises for repairs which are the responsibility of the Lessor, including any repairs or actions for which
the Lessor is responsible under paragraph a. hereof, the Postal Service will (except in emergencies) give the Lessor
written notice of the needed repairs and will specify a reasonable deadline for completion of the work. A copy of such
notice will be sent by certified or registered mail to the Lessor's mortgagee and assignee of monies due or to become
due pursuant to this Lease whose names and add~esses have been furnished to the Postal Service by the Lessor. If
none of these parties (lessor, mortgagee or assignee) proceed with the work with such diligence so as to ensure
completion within the time specified in the notice (or any extension thereof granted at. the sole discretion, of the Postal
Service) or actually fails to complete the work within said time, the Postal Service has the right to perform the work, by
contract or otherwise, and withhold the 'cost of such work (which may include administrative cost and/or interest) from
payments due under this Lease. In addition, the Postal Service may proportionally abate the rent for any period the
demised-premises, or any part thereof, are determined by the Postal Service to have been rendered unavailable to it by
reason of such condition. Alternatively, the Postal Service may, if the demised premises are determined to be unfit for
occupancy, at its sole discretion, cancel this Lease without liability.
REMAINU (v2.2,1': ::'. ':!9) : ....~'!
UNITED ST,~TES
Tax Rider
Reimbursement of Paid Taxes/98
AUBURN - MAIN OFFICE (570532-001)
STAR VALLEY AUBURN, WY 83111-9998
Assessor's Parcel Number: ].2-33.9-04-1-02-022. oo
a. Definitions
Ad Valorem means according to the value of the property.
Property Tax Ral;e is an amount expressed as dollars and cents per $100.00 or per $1,000.00 of assessed value
or as mills per $1.00 of assessed value as set by authorities for tax jurisdictions.
Real Property Taxes, as used in this clause, shall mean those taxes, including ad valorem taxes, special
assessments, fees and chargeS, that are assessed against any or all taxable real property appearing on the assessment
roll or list in a taxing authority's jurisdiction and that are identified by a taxing authority for the.support of government
activities ~,ithin' it's jurisdiction, whether such activities are general or specific. Real Property Taxes also include
administrative charges or fees imposed by a taxing authority for the support of it's tax assessment and collection
activities.
b. The lessor agrees to pay all taxes of any kind, including Real Property Taxes, special assessments, and charges and
fees of every kind and nature~levied on the Demised Premises.
c. The Postal Service will reimburse Lessor for paid Real Property Taxes, as defined above, only under the folloWing
terms:
1. Lessor may submit not more than one request for reimbursement in any calendar year, irrespective of the
number of taxing authorities included; and reimbursement will be made not more than one time annually by
the Postal Service.
' 2. No reimbursement Will be made for fines, penalties, interest or costs imposed for late payment.
3. Reimbursement will be made only for paid taxes, less the maximum discount allowed by the taxing authority for
r prompt or early payment, regardless of whether Lessor act. ua!ly received any such discount.
4. Notwithstanding anything contained in section c.3 above, in the case of a special assessment for which a taxing
authority permits or prescribes installment payments that extend beyond the lease term, reimbursement will be
made only for those installments that are required to be made during the lease term, regardless of whether
Lessor pays in full or otherwise adjusts the payment schedule within the lease term.
5. Reimbursement will be made only for taxes levied for periods of time within the term of this Lease.
6. In order to qualify for reimbursement, the tax bill as issued by the taxing authority must pertain only to the
Demised Premises, and to no other real property.
7. Lessor must provide copies of the front and back of the complete tax bill Issued by the taxing'
authority, along with satisfactory proof of payment. Satisfactory proof of payment shall be (i) a receipt for
payment shown on the face of the tax bill, (ii) acopy of the front and back of the canceled payment check, (iii) a
statement from a lender verifying p'a~yment of the tax, or (iv) o(her documentation satisfactory to the Postal
Service.
8. Incomplete or improper requests for reimbursement will be returned to Lessor without payment.
9. The Postal Service is not required to reimburse paid taxes unless the request for reimbursement is
made within 18 months after the close.of the tax year.
The Lessor must promptly furnish to the Postal Service copies of all notices that may affect the valuation of the
Demised Premises for Real Property Tax purposes or that may affect the levy or assessment of Real Property
Taxes thereon. If Lessor does not timely furnish such notices relating to valuation changes or the levy or
assessment of taxes or fails to meet any legal prerequisite for appeal and the Postal Service loses the right to
contest the validity or the amount of the taxes, then the Postal Service shall be responsible to reimburse Lessor for
only 75% of the reimbursable taxes due for the year involved.
RETAX3 (v2.2, June 1999) T-1
UNITED STATES
POST/~L SERVlCE.~ ,~ ~
Tax Rider
Reimbursement of Paid. Taxes/98
0
All notices required under this paragraph must be delivered or mailed, using certified mail with a return receipt or other
verified method of delivery, within ten (10) days from the receipt thereof by the Lessor to:
CONTRACTING OFFICER, DENVER FACILITIES OFFICE
8055 E TUFTS AVE 9400, DENVER, CO 80237-2881
or to such other office as the Postal Service maY.later direct in writing.--
e. The Postal Service may contest the validity of any valuation for Real Property Tax purposes or of any leW Or
assessment of any Real Property Taxes by appropriate proceedings either in the name of the Postal Service or of
the Lessor or in the names of both. Notwithstanding any contest of valuation, levy, assessment, or Property Tax
Rate, 'Lessor must pay under protestthe Real Property Taxes involved when requested to do so by the Postal
Service. The Lessor, upon reasonable notice and request by the Postal Service, must join in any proceedings, must
cooperate with the Postal Service, and must execute and file any documents or pleadings as the Postal Service may
require fo~ such proceeding, provided the Lessor is reasonably satisfied that the facts and data contained therein are
accurate. Lessor will not be responsible for the payment of penalties, costs, or legal expenses in connection with
any protest or appeal proceedings brought by the Postal Service, and the Postal Service will indemnify and save
harmless the Lessor from any such penalties, costs, or expenses. Lessor hereby authorizes the Postal Service as
it's agent to represent it's interest in any appeal or protest proceeding authorized under this paragraph.
f. Lessor shall promptly notify the Postal Sen/ice of any appeal or other action it takes or initiates to adjust any
valuation of the property, Property Tax Rate, or lew or assessment of Real Property Taxes. The Postal Service is
entitled to any and all monies obtained through such actions or any other refunds or remissions of Real Property
Taxes pa d in any year subsequent to the commencement of the lease. If any such refunded or remitted monies are
paid or delivered to Lessor, LeSsor must immediately forward them to the Postal Service. If Lessor is informed that
. he is entitled to a refund or remission of monies paid as Real Property Taxes upon the submission of an application,
Lessor will promptly make and file such application, and upon receipt of such refund or remission, immediately
forward It to the Postal Service. The Postal Service 'reserves the right to offset refund and remission payments not
so obtained or forwarded, against rental or other payments due the Lessor.
g. The Postal Service is entitled to the benefits of all tax exemptions or abatements authorized by law or regulation that
may be available with respect to the Demised Premises. Lessor shall take all necessary steps to obtain such
exemptions or abatements. The Postal Service reserves the right to offset against rental or other payments due the
Lessor the amount or value of any a~atement or exemption that would have been available if Lessor had properly
applied for it, and any amount for which the Postal Service is not to be responsible under paragraph (b), above.
h. Nothing herein contained shall operate to waive or deprive the Postal Service of any rights, privileges or immunities
it enjoys under law.