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MAY 2009SOLICITATION FOR OFFERS OUTPATIENT CLINIC <strong>SFO</strong> NO. VA-101-XX-RP-XXXX[INSERT LOCATION OF FACILITY]<strong>of</strong> the Treasury under Section 12 <strong>of</strong> the Contract Disputes Act <strong>of</strong> 1978, as amended (41 USC§ 611), that is in effect on the day after the due date. The interest penalty shall accrue dailyon the amount <strong>of</strong> the credit and shall be compounded in 30-day increments inclusive from thefirst day after the due date through the payment date. The Government shall have the right topursue the outstanding balance <strong>of</strong> any tax credit using all such collection methods as areavailable to the United States to collect debts. Such collection rights shall survive theexpiration <strong>of</strong> this Lease.In order to obtain a Tax Adjustment, the Lessor shall furnish the Contracting <strong>Office</strong>r withcopies <strong>of</strong> all paid tax receipts, or other similar evidence <strong>of</strong> payment acceptable to theContracting <strong>Office</strong>r, and a proper invoice (as described in GSA Form 3517, General Clauses,552.232-75, Prompt Payment) for the requested Tax Adjustment, including the calculationthere<strong>of</strong>. All such documents must be received by the Contracting <strong>Office</strong>r within 60 calendardays after the last date the Real Estate Tax payment is due from the Lessor to the TaxingAuthority without payment <strong>of</strong> penalty or interest. FAILURE TO SUBMIT THE PROPERINVOICE AND EVIDENCE OF PAYMENT WITHIN SUCH TIME FRAME SHALLCONSTITUTE A WAIVER OF THE LESSOR’S RIGHT TO RECEIVE A TAX ADJUSTMENTPURSUANT TO THIS CLAUSE FOR THE TAX YEAR AFFECTED.3.5.4 TAX APPEALSIf the Government occupies more than 50% <strong>of</strong> the Building by virtue <strong>of</strong> this and any otherGovernment lease(s), the Government may, upon reasonable notice, direct the Lessor toinitiate a tax appeal, or the Government may elect to contest the assessed valuation on itsown behalf or jointly on behalf <strong>of</strong> Government and the Lessor. If the Government elects tocontest the assessed valuation on its own behalf or on behalf <strong>of</strong> the Government and theLessor, the Lessor shall cooperate fully with this effort, including, without limitation, furnishingto the Government information necessary to contest the assessed valuation in accordancewith the filing requirements <strong>of</strong> the Taxing Authority, executing documents, providingdocumentary and testimonial evidence, and verifying the accuracy and completeness <strong>of</strong>records. If the Lessor initiates an appeal at the direction <strong>of</strong> the Government, the Governmentshall have the right to approve the selection <strong>of</strong> counsel who shall represent the Lessor withregard to such appeal, which approval shall not be unreasonably withheld, conditioned ordelayed, and the Lessor shall be entitled to a credit in the amount <strong>of</strong> its reasonable expensesin pursuing the appeal.3.6 INSURANCE ADJUSTMENTSThe Government shall 1) make a single annual lump sum payment to the Lessor for its sharebased on the percentage <strong>of</strong> occupancy <strong>of</strong> any increase in hazard and liability insurancepremiums during the lease term over the amount established as the base year premium, or 2)receive a lump sum payment for its share <strong>of</strong> any annual decreases for the duration <strong>of</strong> thelease in the insurance premium established as the base year premium.The amount <strong>of</strong> lump sum payment shall be based upon evidence <strong>of</strong> insurance policy andpayment submitted by the Lessor to the Contracting <strong>Office</strong>r. The Government shall beresponsible for payment <strong>of</strong> any insurance premium increase over the base year only if theproper invoice and evidence <strong>of</strong> payment is submitted by the Lessor within 90 calendar daysafter the date the insurance premium is due from the Lessor to the insurance company. Baseyear insurance premium as referred to in this paragraph is the insurance premium for the first12-month period coincident with Government occupancy <strong>of</strong> leased space in its entirety.Part I: Basic Solicitation Requirements – Page 22 <strong>of</strong> 196Lessor __________ Gov’t. ____________________ <strong>of</strong> __________ Pages

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