Lease Solicitation Clauses
STANDARD LEASE SOLICITATION CLAUSES
Required for Compliance with the National Historic Preservation Act (NHPA), Archeological Resources Protection Act (ARPA) and Executive Order 13006, "Locating Federal Facilities on Historic Properties in Our Nation’s Central Cities"
Leases requiring no construction (small lease requiring interior build out only)
Include the following clause in all site solicitations involving downtown locations (E.O. 13006):
In compliance with the National Historic Preservation Act and Executive Order 13006, when operationally appropriate and economically prudent, the Government will consider historic buildings and sites within historic districts.
Include the following clause for compliance with the NHPA regarding interior alteration of historic buildings or exterior alteration of buildings in or adjoining historic district (including signs, awnings, paving, penthouses, etc.):
The offeror’s Architect-Engineering team must include a qualified preservation architect* who will be responsible for developing preservation design solutions and project documentation required for review by the State Historic Preservation Officer in compliance with Section 106 the National Historic Preservation Act. For offers of space in historic buildings, this requires designing interior and exterior repairs and alterations in a manner consistent with the Secretary of Interior’s Standards for Rehabilitation. For non-historic buildings in or adjoining a historic district, this requires developing context-sensitive design options.
Leases requiring any construction (office space, parking deck, excavation)
Include the following clause in all site solicitations involving downtown locations (E.O. 13006/NHPA):
In compliance with the National Historic Preservation Act and Executive Order 13006, when operationally appropriate and economically prudent, the Government will consider historic buildings and sites within historic districts. Demolition of historic buildings in anticipation of Government purchase may disqualify an offeror from consideration.
Include the following clause for compliance with the ARPA and NHPA regarding ground-disturbing activities:
Offeror must comply with federal requirements concerning the identification and protection of archeological resources under the Archeological Resources Protection Act and National Historic Preservation Act. This requires research and field survey to assess the potential presence of resources that may be disturbed by construction activity. Compliance may also require site testing to determine the presence of artifacts, artifact recovery, recordation, and interpretation, the costs of which may only be recovered in lease rent payments. No other federal funding source for compliance is available.
Include the following clause for compliance with the NHPA regarding construction in or adjoining a historic district:
The developer’s A/E team must include a qualified preservation architect* who will be responsible for developing preservation design solutions and project documentation required for review by the State Historic Preservation Officer in compliance with Section 106 the National Historic Preservation Act. For new construction within a historic district, this requires developing context-sensitive design options consistent with the Secretary of Interior’s Standards for Rehabilitation. For locations where construction will be visible from historic properties, compliance may require tailoring the site and building design to avoid adversely affecting such properties.
*Must meet DOI preservation professional standards and GSA qualification standards for preservation architects available at http://www.gsa.gov/historicpreservation, select Project Management Tools, Qualification Requirements for Preservation Architects.
Last Reviewed 4/21/2009