JULY 05
SOLICITATION FOR OFFERS
OUTPATIENT CLINIC
SFO NO. V101-183R-xxx-xxx-xx
[INSERT LOCATION OF FACILITY]
(c)
Delivery by Lessor of less than the minimum ANSI/BOMA Office Area square footage
required by this lease shall in no event be construed as substantial completion, except as the
Contracting Officer permits.
(d)
The Government shall not terminate this lease under this clause nor charge the Lessor with
damages under this clause, if (1) the delay in substantially completing the work arises from
excusable delays and (2) the Lessor within 10 days from the beginning of any such delay
(unless extended in writing by the Contracting Officer) provides notice to the Contracting
Officer of the causes of delay. The Contracting Officer shall ascertain the facts and the extent
of delay. If the facts warrant, the Contracting Officer shall extend the delivery date, to the
extent of such delay at no additional costs to the Government. A time extension is the sole
remedy of the Lessor.
12.
552.270-19 - PROGRESSIVE OCCUPANCY (SEP 1999)
The Government shall have the right to elect to occupy the space in partial increments prior to the
substantial completion of the entire leased premises, and the Lessor agrees to schedule its work so
as to deliver the space incrementally as elected by the Government. The Government shall pay rent
commencing with the first business day following substantial completion of the entire leased
premise unless the Government has elected to occupy the leased premises incrementally. In case
of incremental occupancy, the Government shall pay rent pro rata upon the first business day
following substantial completion of each incremental unit. Rental payments shall become due on the
first workday of the month following the month in which an increment of space is substantially
complete, except that should an increment of space be substantially completed after the fifteenth
day of the month, the payment due date will be the first workday of the second month following the
month in which it was substantially complete. The commencement date of the firm lease term will be
a composite determined from all rent commencement dates.
13.
552.270-21 - EFFECT OF ACCEPTANCE AND OCCUPANCY (SEP 1999)
Neither the Government's acceptance of the premises for occupancy, nor the Government's
occupancy thereof, shall be construed as a waiver of any requirement of or right of the Government
under this Lease, or as otherwise prejudicing the Government with respect to any such requirement
or right.
14.
552.270-6 - MAINTENANCE OF BUILDING AND PREMISES - RIGHT OF ENTRY (SEP 1999)
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, building systems, and all equipment,
fixtures, and appurtenances furnished by the lessor under this lease, in good repair and in
tenantable condition so that they are suitable in appearance and capable of supplying such heat,
air conditioning, light, ventilation, safety systems, access and other things to the premises, without
reasonably preventable or recurring disruption, as is required for the Government's access to,
occupancy, possession, use and enjoyment of the premises as provided in this lease. 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.
15.
552.270-10 - FAILURE IN PERFORMANCE (SEP 1999)
The covenant to pay rent and the covenant to provide any service, utility, maintenance, or repair
required under this lease are interdependent. In the event of any failure by the Lessor to provide any
service, utility, maintenance, repair or replacement required under this lease or to put the leased
premises, or any part thereof, in a satisfactory and tenantable condition, as determined by
the Government, the Government may, by contract or otherwise, perform the requirement and
deduct from any payment or payments under this lease, then or thereafter due, the resulting cost to
the Government, including all administrative costs. If the Government elects to perform any such
requirement, the Government and each of its contractors shall be entitled to access to any and all
areas of the building, access to which is necessary to perform any such requirement, and the
Lessor shall afford and facilitate such access. Alternatively, the Government may deduct from any
payments under this lease, then or thereafter due, an amount which reflects the reduced value of
the contract requirement not performed. No deduction from rent pursuant to this clause shall
constitute a default by the Government under this lease. These remedies are not exclusive and are
in addition to any other remedies which may be available under this lease or at law.
For any period the demised premises, or any part thereof, are unfit for the purpose for which
leases, the rental shall be abated for that portion of the premises determined by the
Part IX Forms
Lessor __________ Gov't. __________
__________ of __________ Pages
GENERAL CLAUSES (Form 3517B)
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