X1DB--2237 Pending - Leasing - Urgent Lease Actions under the SLAT - Research Lease - SF (VA-24-00058180)

GSA TEMPLATE R103 (10/23) GSA TEMPLATE R103 (10/23) VA REQUEST FOR LEASE PROPOSALS NO. 36C26324R0065 Sioux Falls/SD Offers due by 05/12/2024 In order to be considered for award, offers conforming to the requirements of the RLP shall be received no later than 1600 CST on the date above. See Receipt Of Lease Proposals herein for additional information. This Request for Lease Proposals ("RLP") sets forth instructions and requirements for proposals for a Lease described in the RLP documents. Proposals conforming to the RLP requirements will be evaluated in accordance with the Basis of Award set forth herein to select an Offeror for award. The Government will award the Lease to the selected Offeror, subject to the conditions herein. The information collection requirements contained in this Solicitation/Contract, that are not required by regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No. 3090-0086.

SMALL RLP GSA TEMPLATE R103 (10/23) TABLE OF CONTENTS SECTION 1 - STATEMENT OF REQUIREMENTS 1 GENERAL INFORMATION (SMALL) (OCT 2023) 1 AMOUNT AND TYPE OF SPACE AND LEASE TERM (SLAT) (OCT 2020) 1 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL BUSINESS SIZE STANDARD (OCT 2023) 1 SECTION 2 - SOLICITATION PROVISIONS 2 PARTIES TO EXECUTE LEASE (APR 2015) 2 FLOOD PLAINS (OCT 2022) 2 THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE 2 SECTION 3 - ELIGIBILITY AND PREFERENCES FOR AWARD 3 BASIS OF AWARD (OCT 2023) 3 SEISMIC SAFETY MODERATE SEISMICITY (OCT 2023) - INTENTIONALLY REMOVED 3 SEISMIC SAFETY HIGH SEISMICITY (OCT 2023) - INTENTIONALLY REMOVED 3 HISTORIC PREFERENCE (SMALL) (SEP 2015) - INTENTIONALLY REMOVED 3 ENERGY INDEPENDENCE AND SECURITY ACT (SMALL) (OCT 2023) 3 NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS RLP (SMALL) (OCT 2023) 3 HUBZONE SMALL BUSINESS CONCERN PRICE PREFERENCE WAIVER (SMALL) (OCT 2023) 3 SECTION 4 - HOW TO OFFER 4 RECEIPT OF LEASE PROPOSALS (SMALL) (OCT 2023) 4 PROPOSAL CONTENTS FOR SMALL LEASES (OCT 2023) 4 FIRE PROTECTION AND LIFE SAFETY SUBMITTALS (SMALL) (OCT 2020) 4 EISA SUBMITTALS (SMALL) (SEP 2015) - INTENTIONALLY REMOVED 5 SWING SPACE - RLP (OCT 2022) - INTENTIONALLY REMOVED 5 RLP NO. 36C26324R0065, PAGE GSA TEMPLATE R103 (10/23) RLP NO 36C26324R0065, PAGE 2 GSA TEMPLATE R103 (10/23) SECTION 1 - STATEMENT OF REQUIREMENTS GENERAL INFORMATION (SMALL) (OCT 2023) This Request for Lease Proposals (RLP) sets forth instructions and requirements for proposals for a Lease described in the RLP documents. The Government will evaluate proposals conforming to the RLP requirements in accordance with the Basis of Award set forth below to select an Offeror for award. The Government will award the Lease to the selected Offeror, subject to the conditions below. Included in the RLP documents are the GSA Form 3626 (U.S. GOVERNMENT LEASE FOR REAL PROPERTY (Short Form)) which serves as an offer form and lease contract award document Supplemental Lease Requirements document, and GSA 3517A, General Clauses. The Offeror's executed GSA Form 3626 shall constitute a firm offer. No Lease shall be formed until the Lease Contracting Officer (LCO) executes the GSA Form 3626 and delivers a signed copy to the Offeror. Offeror may not use Federal agency name(s) and/or acronym(s), e.g., Veterans Administration, VA, in the entity name that owns and/or leases the Space he VA. AMOUNT AND TYPE OF SPACE AND LEASE TERM (SLAT) (OCT 2020) The Space shall be located in a modern quality Building of sound and substantial construction with a facade of stone, marble, brick, stainless steel, aluminum or other permanent materials in good condition and acceptable to the LCO. If not a new Building, the Space offered shall be in a Building that has undergone, or will complete by occupancy, modernization, or adaptive reuse for the Space with modern conveniences. City, State Sioux Fall, SD Delineated Area Main Campus of Augustana University, Sioux Fall, SD Space Type(s) Medical/Lab MINIMUM SQ. FT. RSF 752 MAXIMUM SQ. FT. RSF 752 Reserved Parking Spaces (Total) 0 Reserved Parking Spaces (Surface) 0 Reserved Parking Spaces (Structure) 0 Initial Full Term 7 MONTHS Termination Rights 30 DAYS Initial Firm Term 4 Months Soft Term 3 Additional Requirements None NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL BUSINESS SIZE STANDARD (OCT 2023) The North American Industry Classification System (NAICS) code for this acquisition is 531120 (Exception). The small business size standard for the applicable NAICS code is found at STANDARDS. SECTION 2 - SOLICITATION PROVISIONS PARTIES TO EXECUTE LEASE (APR 2015) If the Lessor is an individual, that individual shall sign the lease. A lease with an individual doing business as a firm shall be signed by that individual, and the signature shall be followed by the individual's typed, stamped, or printed name and the words, an individual doing business as . If the Lessor is a partnership, the lease must be signed in the partnership name, followed by the name of the legally authorized partner signing the same, and a copy of either the partnership agreement or current Certificate of Limited Partnership shall accompany the lease. If the Lessor is a corporation, the lease must be signed in the corporate name, followed by the signature and title of the officer or other person signing the lease on its behalf, duly attested, and, if requested by the Government, evidence of this authority to so act shall be furnished. If the Lessor is a joint venture, the lease must be signed by each participant in the joint venture in the manner prescribed in paragraphs (a) through (c) of this provision for each type of participant. When a corporation is participating in the joint venture, the corporation shall provide evidence that the corporation is authorized to participate in the joint venture. If the lease is executed by an attorney, agent, or trustee on behalf of the Lessor, an authenticated copy of the power of attorney, or other evidence to act on behalf of the Lessor, must accompany the lease. FLOOD PLAINS (OCT 2022) A Lease will not be awarded for any offered Property located within a 1-percent-annual-chance floodplain (formerly referred to as 100-year floodplain) unless the Government has determined that there is no practicable alternative. An Offeror may offer less than its entire site in order to exclude a portion of the site that falls within a floodplain, so long as the portion offered meets all the requirements of this RLP and does not impact the Government s full use and enjoyment of the Premises. If an Offeror intends that the offered Property that will become the Premises for purposes of this Lease will be something other than the entire site as recorded in tax or other property records the Offeror shall clearly demarcate the offered Property on its site plan/map submissions and shall propose an adjustment to property taxes on an appropriate pro rata basis. For such an offer, the Government may determine that the offered Property does not adequately avoid development in a 1-percent- annual-chance floodplain. In addition, a Lease will not be awarded for any offered Property adjacent to 1-percent-annual-chance floodplain, where such an adjacency would, as determined by the Government, restrict ingress or egress to the Premises in the event of a flood, unless there is no practicable alternative. THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE: 552.270-1 - INSTRUCTIONS TO OFFERORS ACQUISITION OF LEASEHOLD INTERESTS IN REAL PROPERTY (JUN 2011) ALTERNATE II (MAR 1998) 52.215-5 - FACSIMILE PROPOSALS (OCT 1997) SECTION 3 - ELIGIBILITY AND PREFERENCES FOR AWARD BASIS OF AWARD (OCT 2023) Lowest Price Technically Acceptable Approach. The Lease will be awarded to the responsible Offeror whose offer conforms to the requirements of this RLP and Lease documents and is the lowest priced technically acceptable offer submitted, based on the lowest price per square foot, according to the ANSI/BOMA Z65.1-2017 definition for Occupant Area, which means the total aggregated area used by an Occupant before Load Factors are applied, consisting of Tenant Area and Tenant Ancillary Area. The Method A Multiple Load Factor Method shall apply. If an offer contains terms taking exception to or modifying any Lease provision, the Government will not be under any obligation to award a Lease in response to that offer. SEISMIC SAFETY MODERATE SEISMICITY (OCT 2023) - INTENTIONALLY REMOVED SEISMIC SAFETY HIGH SEISMICITY (OCT 2023) - INTENTIONALLY REMOVED HISTORIC PREFERENCE (SMALL) (SEP 2015) - INTENTIONALLY REMOVED ENERGY INDEPENDENCE AND SECURITY ACT (SMALL) (OCT 2023) The Energy Independence and Security Act (EISA) establishes requirements for Government leases relating to energy efficiency standards and potential cost-effective energy efficiency and conservation improvements. If the offered Space is not in a Building that has earned the ENERGY STAR® Label within one year prior to the due date for final proposal revisions, Offerors are required to include in their lease proposal an agreement to renovate the Building for all energy efficiency and conservation improvements that it has determined would be cost effective over the Firm Term of the Lease, if any, prior to acceptance of the Space Note. Additional information can be found on HTTPS://WWW.GSA.GOV/REAL-ESTATE/REAL-ESTATE- SERVICES/LEASING/SUSTAINABILITY-POLICIES under Sustainability Policies. The term "cost effective" means an improvement that will result in substantial operational cost savings to the landlord by reducing electricity or fossil fuel consumption, water, or other utility costs. The term "operational cost savings" means a reduction in operational costs to the landlord through the application of Building improvements that achieve cost savings over the Firm Term of the Lease sufficient to pay the incremental additional costs of making the Building improvements. Instructions for obtaining an ENERGY STAR® Label are provided at HTTPS://WWW.ENERGYSTAR.GOV/BUILDINGS/BUILDING_RECOGNITION (use Portfolio Manager to apply). ENERGY STAR® tools and resources can be found at HTTPS://WWW.ENERGYSTAR.GOV/BUILDINGS/TOOLS-AND-RESOURCES. The ENERGY STAR® BUILDING UPGRADE MANUAL and BUILDING UPGRADE VALUE CALCULATOR are tools which can be useful in considering energy efficiency and conservation improvements to Buildings. If the offered Space is not in a Building that has earned the ENERGY STAR® Label within one year prior to the due date for final proposal revisions, the successful Offeror will be excused from performing any agreed-to energy efficiency and conservation renovations if it obtains the Energy Star Label prior to the Government s acceptance of the Space If no improvements are proposed, the Offeror must demonstrate to the Government using the ENERGY STAR® Online Tools why no energy efficiency and conservation improvements are cost effective. If such explanation is unreasonable, the offer may be rejected. NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS RLP (SMALL) (OCT 2023) The Government is responsible for complying with section 106 of the National Historic Preservation Act of 1966, as amended, 54 U.S.C. § 306108 (Section 106). An Offeror must allow the Government access to the offered Property to conduct studies in furtherance of the Section 106 compliance. If the Government determines that the leasing action could affect historic property, the Offeror of any Property that the Government determines could affect historic property will be required to retain, at its sole cost and expense, the services of a preservation architect who meets or exceeds the Secretary of the Interior s Professional Qualifications Standards for Historic Architecture, as amended and annotated and previously published in the Code of Federal Regulations, 36 C.F.R. part 61, and the GSA s Qualification Requirements for Preservation Architects. These standards are available at: HTTPS://WWW.GSA.GOV/REAL-ESTATE/HISTORIC-PRESERVATION/. HUBZONE SMALL BUSINESS CONCERN PRICE PREFERENCE WAIVER (SMALL) (OCT 2023) A HUBZone small business concern (SBC) Offeror may elect to waive the price evaluation preference provided in the Basis of Award paragraph. In such a case, no price evaluation preference shall apply to the evaluation of the HUBZone SBC. SECTION 4 - HOW TO OFFER RECEIPT OF LEASE PROPOSALS (SMALL) (OCT 2023) Offeror is authorized to transmit its lease proposal as an attachment to an email. Offeror's email shall include the name, address and telephone number of the Offeror, and identify the name and title of the individual signing on behalf of the Offeror. Offeror's signed Lease proposal must be saved in a generally accessible format (such as portable document format (pdf)), which displays a visible image of all original document signatures and must be transmitted as an attachment to the email. Only emails transmitted to, and received at, the VA email address identified in the RLP will be accepted. Offeror submitting a Lease proposal by email shall retain in its possession, and make available upon VA's request, its original signed proposal. Offeror choosing not to submit its proposal via email may still submit its lease proposal, by United States mail, or other express delivery service of Offeror's choosing. In order to be considered for award, offers conforming to the requirements of the RLP shall be received no later than 1700 CST on the date specified below at the following designated office and address, or email address: Date: April 12, 2024, at 1600CDT Email Address: scott.jennings@va.gov Offers sent by United States mail or hand delivered (including delivery by commercial carrier) shall be deemed late if delivered to the address of the office designated for receipt of offers after the date and time established for receipt of offers. Offers transmitted through email shall be deemed late if received at the designated email address after the date and time established for receipt of offers unless it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one Working Day prior to the date specified for receipt of proposals. Offers may be also deemed timely if there is acceptable evidence to establish that it was received at the Government installation designated for receipt of proposals and was under the Government s control prior to the time set for receipt of proposals; or if it was the only proposal received. B. There will be no public opening of offers, and all offers will be confidential until the Lease has been awarded. However, the Government may release proposals outside the Government such as to support contractors to assist in the evaluation of offers. Such Government contractors shall be required to protect the data from unauthorized disclosure. PROPOSAL CONTENTS FOR SMALL LEASES (OCT 2023) The proposal shall consist of the following documents: Document Name or Description U.S. Government Lease For Real Property (Short Form) (GSA Form 3626), completed and signed by Offeror Agency Specific Requirements, Dated 06/01/2022, initialed by Offeror (Found in the Memorandum of Understanding (MOU), attached, initial) Security Requirements, initialed by Offeror (See MOU) Fire Protection and Life Safety information and documents (See applicable Fire Protection and Life Safety paragraphs) Registration in the System for Award Management (SAM) prior to the Lease Award Date, including completion of all required representations and certifications. This registration service is free of charge. Evidence of ownership or control of Building or site, including a copy of the Property deed Proof of signing authority (see GSA 3516A, Solicitation Provisions) Offeror s Rate for Routine Cleaning and Disinfection Requirements FIRE PROTECTION AND LIFE SAFETY SUBMITTALS (SMALL) (OCT 2020) The Offeror must submit the Fire Protection and Life Safety (FPLS) Submittal Information in A.1 through A.5, unless the Building meets either exemption in sub-paragraph B or C below. Completed GSA Form 12000, Prelease Fire Protection and Life Safety Evaluation for an Office Building (Part A or Part B, as applicable). A copy of the previous year s fire alarm system maintenance record showing compliance with the requirements in NFPA 72 (if a system is installed in the Building). A copy of the previous year s automatic fire sprinkler system maintenance record showing compliance with the requirements in NFPA 25 (if a system is installed in the Building). Computer generated plans set to 1/8" = 1'-0" (preferred). Plans submitted for consideration shall include floor plan(s) for which Space is being offered and floor plan(s) of the floor(s) of exit discharge (e.g., street level(s)). Each plan submitted shall include the locations of all exit stairs, elevators, and the Space(s) being offered to the Government. In addition, where Building exit stairs are interrupted or RLP NO. 36C26324R0065, PAGE 4 GSA TEMPLATE R103 (10/23) RLP NO. 36C26324R0065, PAGE GSA TEMPLATE R103 (10/23) RLP NO. 36C26324R0065, PAGE GSA TEMPLATE R103 (10/23) discontinued before the level of exit discharge, additional floor plans for the level(s) where exit stairs are interrupted or discontinued must also be provided. A valid Building Certificate of Occupancy (C of O) issued by the local jurisdiction. If the Building C of O is not available or the local jurisdiction does not issue a Building C of O, provide a report prepared by a licensed fire protection engineer with their assessment of the Building regarding compliance with all applicable local Fire Protection and Life Safety-related codes and ordinances. If the Space offered is 10,000 RSF or less in area and is located on the 1st floor of the Building, Offeror is not required to submit to the VA the Fire Protection and Life Safety (FPLS) Submittal Information listed in A.1 through A.5 above. If the Offeror provides a Building C of O obtained under any edition of the International Building Code (IBC), and the offered Space meets or will meet all the requirements of the Lease with regard to Means of Egress, Automatic Fire Sprinkler System, and Fire Alarm System prior to occupancy, then Offeror is not required to submit the VA the FPLS Submittal Information in A.1 through A.5 above. EISA SUBMITTALS (SMALL) (SEP 2015) - INTENTIONALLY REMOVED SWING SPACE - RLP (OCT 2022) - INTENTIONALLY REMOVED p. p. MEMORANDUM OF UNDERSTANDING (MOU) Regarding Temporary Hosting of Animal Research from THE SIOUX FALLS VA HEALTH CARE SYSTEM at THE AUGUSTANA UNIVERSITY Effective Date: June 1, 2022 Parties to this MOU are: Sioux Falls Veterans Affairs Health Care System located at 2501 West 22nd Street, Sioux Falls, South Dakota 57105, hereafter known as "SFVA". Augustana University located at 2001 South Summit Avenue, Sioux Falls, South Dakota 57197, hereafter known as "AU". Purpose. Collaborative endeavors depend fundamentally on the good faith efforts of all parties involved, to maintain a healthy, cooperative, and mutually beneficial relationship. The purpose of this MOU is to facilitate those good-faith efforts by defining the expectations of the parties with regard to their collaboration on the maintenance of the SFVA mouse breeding colonies at the AU during renovation of the animal facility at SFVA. For the purposes of this MOU, the terms "Collaboration" or "Collaborative" refer to the joint efforts of the Parties to manage and oversee the breeding colonies while they are at the AU. The housing facilities and research laboratories at the AU that will be used by SFVA will be rented by SFVA per a separate agreement. This MOU is to define the specifics of how responsibilities for and in those spaces will be shared. References. The most recent versions of following documents are the foundation for the terms of this MOU. This is not an exhaustive list but highlights the regulatory references of particular relevance to collaborative efforts involving animal research. C.l. The Animal Welfare Act (7 USC§ 54:2131-2159) as implemented in the United States Department of Agriculture (USDA) Animal Welfare Act Regulations (9 CFR Parts 1, 2, and 3; USDA Animal Welfare Act), with special emphasis on Sections 2.31 (Institutional Animal Care and Use Committee (IACUC)), 2.32 (Personnel Qualifications), and 2.33 (Attending Veterinarian and Adequate Veterinary Care). The Health Research Extension Act of 1985 (PL 99-158: 495) as implemented in the Public Health Service (PHS) Policy on Humane Care and Use of Laboratory Animals. Office of Laboratory Animal Welfare (OLAW) Frequently Asked Question D.8, "When institutions collaborate, or when the performance site is not the awardee institution, which IACUC is responsible for review of the research activity?", and National Institutes of Health (NlH) Notice NOT-OD-01-017, ''No Requirement for Duplicate Review." "Guide for the Care and Use of Laboratory Animals" (Guide), 8th edition, with special emphasis on meeting the requirements for collaborative research found on page 15 in the "Collaborations" section. AAALAC International (formerly "Association for Assessment and Accreditation of Laboratory Animal Care International") Rules of Accreditation. VHA Handbook 1058.01, "Research Reporting Requirements." VHA Directive 1200.01, "Research and Development Committee." VHA Directive 1200.02, "Business Operations." VHA Handbook 1200.07, "Use of Animals in Research." General stipulations D.l. Parties agree that all of the Collaborative activities covered by this MOU must comply with the References cited under Section C. D.2 For the purposes of this document, Parties agree that the terms "SFVA IACUC of record" and "SFVA IACUC" refer generally to the Institutional Animal Care and Use Committee (IACUC) that is held responsible for oversight of SFVA research with animals, according to the terms of the applicable Public Health Service Animal Welfare Assurance (PHS Assurance) approved by the National Institutes of Health Office of Laboratory Animal Welfare (OLAW) that covers the SFVA program, and this MOU. The SFVA IACUC of record is the University of South Dakota (USD) IACUC, as described in a separate MOU between SFVA and USD. Parties agree that all work covered by this MOU is considered "VA research", and must comply with VA policy, as set forth in VHA Handbooks 1200.07 (ref. C.9, above), 1200.02 (ref. C.8, above), and VHA Directive 1200.01 (ref. C.7, above). Parties agree that Collaborative research with animals will generally not be considered AU research, but if AU, at its sole discretion, determines that any of it is AU research, that work will be subject to the oversight of both the SFVA IACUC ofrecord and the AU IACUC. In that case, each Party agrees that such research will be conducted only if it meets both the requirements of the SFVA and the requirements of the AU. Parties agree that the ultimate authority to interpret any regulatory requirement rests with the agency or entity that published and administers it. Parties agree that all animals covered by this MOU will be owned by SFVA. Parties agree to make good faith efforts to facilitate reciprocal physical access to personnel, records, and facilities, as well as to provide information and data, as needed for both Parties to meet their respective regulatory obligations related to their Collaboration, and to respect the security and access requirements of each Party. D.6. In case of any open records request (e.g., any request submitted under the terms of the Federal Freedom of Information Act (FOIA), 5 U.S.C. § 552, or state open records laws) that addresses any aspect of their Collaboration, Parties commit to making good faith efforts to coordinate their responses and permit reasonable opportunity for each to review materials before release, to the extent allowed by law and by each Party's policies. D.7. Parties agree to make good faith efforts to grant representatives of recognized regulatory or accrediting entities (e.g., USDA, OLAW, AAALAC, and VA) access to facilities and records as needed for both Parties to meet their regulatory obligations. Parties agree to keep each other apprised of visits by such regulatory or accrediting entities and to share with each other any reports or findings relevant to the Collaborative activities. Stipulations related to the facilities to be used for the work with mice that is covered by this MOU The facilities that are to be used for the collaborative activities covered by this MOU must be included in a PHS Assurance approved by OLAW (VHA Handbook 1200.07, ref. C.l 0, above). E.2(a) Each Party will independently ensure that the facilities used for the work covered by this MOU are included in a PHS Assurance, approved by OLAW. Because the facilities relevant to this MOU will be rented by SFVA, they will be included as part of the SFVA program covered by the USD PHS Assurance. Full AAALAC International accreditation must be maintained for the facilities used for the collaborative activities covered by this MOU (VHA Handbook 1200.07, ref. C.10, above). E.3(a) The facilities at AU that will be rented by SFVA for the work with animals covered by this MOU will be included with the SFVA facilities in the USD program accredited by AAALAC International. Appropriate veterinary care and routine husbandry will be provided as follows to all animals involved in research under the terms of this MOU: E.4(a) by SFVA personnel according to SFVA SOPs. As required by PHS Policy, all personnel involved in Collaborative activities covered by this MOU must have the opportunity to participate in an Occupational Health and Safety Program (OHSP) that includes a periodic individual risk assessment related to exposure to animals or their unfixed tissues or fluids (VHA Handbook 1200.07, ref. C.10, above). E.5(b) Parties agree that personnel involved in activities covered by this MOU may waive participation in the SFVA OHSP only if they participate instead in a PHS-compliant OHSP that is offered by the AU or another institution acceptable to the VA. Stipulations related to IACUC oversight. All Collaborative activities with animals covered by this MOU are subject to the oversight of the SFVA IACUC ofrecord, which is the IACUC identified in the OLAW-approved PHS Assurance that covers the SFVA program of research with animals. The IACUC of record for SFVA is the University of South Dakota IACUC. Each IACUC will keep the other IACUC informed of any matters that arise relevant to the Collaborative activities covered by this MOU and will provide in a timely fashion any information or documentation required for the other IACUC to meet its regulatory obligations. The SFVA IACUC of Record will generally be solely responsible for oversight of all collaborative activities covered by this MOU (including but not limited to protocol reviews, program and facility reviews, investigations, and determinations about reporting), but the AU IACUC retains the right to act independently, if circumstances dictate, and solely at its own discretion. AU agrees to exercise that discretion only as necessary to meet its oversight responsibilities, and to allow access of the SFVA IACUC of Record to the AU facilities and records as needed for the the SFVA IACUC of Record to meet its oversight responsibilities. Each Party agrees to inform the other Party promptly of its findings and determinations, and to consider the other Party's findings and determinations in its own deliberations. Each IACUC must evaluate semiannually the animal use programs and facilities that are covered by its own PHS Assurance and will inform the other IACUC promptly of any important concerns noted, and corrective actions planned and taken, that are relevant to the Collaborative activities. Both Parties agree to review such information that is received, and to honor reasonable requests submitted by the other IACUC for additional details and updates (see "sharing of information", Section G, below). Each IACUC is independently responsible for reporting the results of its own semiannual evaluations to its own Institutional Official (10). In cases of potential regulatory noncompliance related to the animals involved in Collaborative activities covered by this MOU, the SFV IACUC of Record will take primary responsibility for investigating, determining whether regulatory noncompliance is involved (and, if so, what corrective actions are appropriate), and reporting to the applicable regulatory entities. Neither IACUC has any authority to investigate or address any aspect of the animal care and use program of the other Party that is not related to the Collaborative activities, but each IACUC is obligated to bring concerns about any aspect of the other program to the attention of the IACUC that oversees it. F.4(a) To facilitate coordination of oversight, each Party agrees to notify the other promptly (within two (2) business days) if its IACUC acts to change the approval status of any protocol that it has previously approved for Collaborative activity (e.g., suspension ofIACUC approval, lifting the suspension ofIACUC approval). Any Collaborative activity covered by this MOU must stop if any approval that was granted is suspended and may not resume until the suspension is lifted. F.4(b) The SFVA IACUC will submit any reports about Collaborative activities that are required by the VHA Office of Research and Development (ORD) or the VHA ORO. Because VHA Handbook 1058.01 (ref. C.7, above) includes specific requirements with regard to the timing of correspondence with ORO about non-compliance, the AU agrees to provide information promptly to the VA IACUC, as follows: F.4(b)(1) Any information suggesting potential regulatory noncompliance related to the Collaborative activity covered by this MOU will be provided to the SFVA IACUC within five (5) business days of AU becoming aware of it, as required by VHA Handbook 1058.01. F.4(b)(2) Information about any corrective action plan prepared, corrective actions completed, or sanctions imposed or lifted on Collaborative activities, , will be communicated promptly to the other IACUC (within five (5) business days of such actions being taken). Stipulations regarding the sharing of information between the SFVA and the AU Each Party agrees to make good faith efforts to provide all information, copies of documents, and access necessary for the other Party to meet its regulatory obligations related to the Collaboration. G.l(a) Each Party has its own independent IACUC, and each IACUC agrees to provide the information and documents to the other IACUC. Redaction of information from copies of documents to be provided (VHA Handbook 1200.07, ref. C.10, above). G.2(a) Parties agree that documents that are otherwise publicly available will not be redacted. G.2(b) The SFVA agrees that any AU document to be shared with VA may be redacted of information not relevant to matters covered by this MOU, provided the unredacted version is available for VA representatives to review at the AU during normal business hours, within three (3) business days of request. G.2(c) The AU agrees that any SFVA document to be shared with the AU may be redacted of information not relevant to matters covered by this MOU, provided the unredacted version is available for AU representatives to review at the SFVA during normal business hours, within three (3) business days of request. Documents to be shared- Each Party agrees to provide promptly on request all documents needed by the other Party to meet its regulatory obligations, and to limit its own requests to those documents that are reasonably needed. Each Party agrees to provide to the other Party, routinely and in a timely fashion, without waiting for request, a copy (which may be redacted as described in G.2, above) of correspondence with any oversight entity, that is relevant to the Collaborative activities with animals - e.g., reports of noncompliance, reports from an oversight entity about routine or "for cause" site visits, institutional responses to site visit reports. (VHA Handbook 1200.07, ref. C.10, above): Other information to be shared routinely - Each Party agrees to notify the other Party promptly about all other matters relevant to the Collaborative activities covered by this MOU (VHA Handbook 1200.07, ref. C.10, above), including the following: G.4(a) Receipt of any complaint, allegation, or other information suggesting concerns about animal welfare or potential regulatory noncompliance relevant to the Collaboration; the other Party will be notified within two (2) business days of receipt of the information, even ifIACUC investigation of the matter is still pending, so that both Parties can be prepared to address any inquiries received. G.4(b) The outcome of any investigation by the IACUC regarding any matter that is potentially reportable and relevant to the Collaboration; the SFVA will receive notification of such outcomes immediately, so that VA requirements for reporting to the SFVA Director and then to the VHA ORO can be met. G.4(c) Receipt of any FOIA request or other open records request regarding Collaborative activities; the other Party will be notified within two (2) business days ofreceipt of the request. G.4(d) Any public disclosure (including press releases) regarding Collaborative activities; each Party will notify the other Party at least five (5) business days before release, to provide an opportunity for the other Party to comment and request revision. Parties agree to give reasonable consideration to all requested edits received. G.4(e) Identification of key individuals -Each Party will identify and ensure that the other Party has the current contact information for its personnel who are responsible for the following functions in support of the Collaboration G.4(e)(l) animal care (including emergency contact information) For SFVA: Dr. Karen Munger, Chief of Research & Development for the Sioux Falls, VA Health Care System. For AU: Dr. Alexander Kloth, Assistant Professor of Biology G.4(e)(2) IACUC operations and communications with the other Party For SFVA: Dr. Karen Munger, Chief of Research & Development for the Sioux Falls, VA Health Care System. For Collaborating Institution: Dr. Cyndey Johnson-Edler, Assistant Professor of Chemistry and Biochemistry and Chair of the AU IACUC; Dr. Jay Kahl, Assistant Vice Provost for Assessment & Academic Excellence Additional Terms and Conditions 1This MOU neither authorizes nor memorializes any exchange or commitment of funds between the Parties. The agreement for SFVA to rent facilities at AU will be documented and executed by the Parties' authorized representatives. Each Party is responsible for its own costs and expenses, and the SFVA's participation is subject to the availability of appropriated funds. Parties agree to work in good faith to amend this document as needed to reflect changes in the circumstances or policies of either Party. Amendments must be bilaterally executed in writing and signed by authorized representatives of both Parties. No oral or unilateral amendments will be effective. This MOU will remain in effect through the renovation of the SFVA facility, which is estimated to take less than 3 months. If either Party fails to satisfactorily fulfill its obligations, promises, terms, or conditions of this MOU, and having been given reasonable notice of and opportunity to take corrective actions and not having taken satisfactory corrective action within the time specified by the other Party, the other Party will have the right to terminate this MOU by giving written notice of such termination at least fourteen (14) calendar days before the effective date of such termination. After a termination notice is received, the Parties will make good faith efforts to transfer all remaining animals, equipment, and data in a timely, orderly, and mutually agreeable manner; and the Collaborative activities will terminate no later than when the MOU terminates. Disputes - Disputes will be documented in writing that clearly states the disputed issue and the reason for the dispute. Any dispute will be submitted jointly to SFVA and AU in accordance with G.4.f(2). Both Parties agree to make all reasonably good faith efforts to resolve the dispute by mutual agreement. Both Parties agree that the VHA CVMO and senior administrators of the AU may be consulted for guidance in resolving the dispute. If agreement cannot be reached at this level, the disagreement will be raised to the next highest level. Pending the resolution of any dispute pursuant to this paragraph, the Parties agree to diligently pursue performance of all obligations to the extent possible. Liability - Neither Party indemnifies the other Party for any action. AU will be responsible for any loss or damage caused by its and its employees, officers, and directors' acts or omissions in the performance of this MOU. VA is a federal entity of the United States. The liability, if any, of the United States for damage to or loss of property, or personal injury or death will be governed exclusively by the provisions of the Federal Tort Claims Act. Each of the undersigned certifies thats/he is authorized to enter into this MOU on behalf of the Party s/he represents and has read and agrees to all terms stated herein. For Augustana University Signature Date JAY KAHL, PHD Assistant Vice Provost for Assessment & Academic Excellence For the Sioux Falls VA Health Care System Signature TIMOTHY L. PENDERGRASS, MD Acting Director Sioux Falls VA Health Care System Date General Services Administration Page of 3 GSA FORM 3626 (REV 10/21) General Services Administration Page of 3 GSA FORM 3626 (REV 10/21) U.S. GOVERNMENT LEASE FOR REAL PROPERTY (Short Form) 1a. LEASE NUMBER DSD12406-001 1b. BUILDING NUMBER 23 PART I - OFFER (Offeror completes Section A, C and D; Government shall complete Section B) NOTE: All offers are subject to the terms and conditions outlined in Request for Lease Proposals No. , Supplemental Lease Requirements document, General Clauses (GSA Form 3517A), and any other attachments included herein. LOCATION AND DESCRIPTION OF PREMISES OFFERED FOR LEASE BY GOVERNMENT 1. NAME AND ADDRESS OF BUILDING (Include nine-digit ZIP Code) 2. LOCATION(S) IN BUILDING 2a. FLOOR(S) 2b. ROOM NUMBER(S) 2e NUMBER OF PARKING SPACES OFFERED 2001 South Summit Avenue 1 & 2 STRUCTURED 4 Sioux Falls, SD 57197-0001 SURFACE 4 2c.SQ. FT. 2d. TYPE RENTABLE 752 ABOA 557.04 GENERAL OFFICE WAREHOUSE ANNUAL PARKING RATES (IF NOT INCLUDED IN RATES UNDER PART C BELOW) Common Area Factor OTHER (Specify) STRUCTURED $0/space 0.35 Medical Lab SURFACE $0/space TERM 3a. To have and to hold the said Premises with its appurtenances for the term beginning upon acceptance of the Premises as required by this Lease and continuing for a period of 7 months, 4 months Firm, subject to termination and renewal rights as may be hereinafter set forth. The commencement date of this Lease, along with any applicable termination and renewal rights, shall be more specifically set forth in a Lease Amendment upon substantial completion and acceptance of the Space by the Government. 3b. The Government may terminate this Lease, in whole or in parts, at any time effective after the Firm Term of this Lease, by providing not less than 30 days prior written notice to the Lessor. The effective date of the termination shall be the day following the expiration of the required notice period or the termination date set forth in the notice, whichever is later. No rental shall accrue after the effective date of termination. 3c. This Lease may be renewed at the option of the Government for a term of 0 YEARS at the rental rate(s) set forth below, provided notice is given to the Lessor at least 0 days before the end of the original Lease term; all other terms and conditions of this Lease, as same may have been amended, shall remain in full force and effect during any renewal term. RENTAL 4. Rent shall be payable in arrears and will be due on the first workday of each month. When the date for commencement of the lease falls after the 15th day of the month, the initial rental payment shall be due on the first workday of the second month following the commencement date. Rent for a period of less than a month shall be prorated. Rent shall not be adjusted for changes in real estate taxes or operating costs. 5a. AMOUNT OF ANNUAL RENT $11,922 5b. RATE PER MONTH $2,193 RENTAL RATE BREAKDOWN FIRM TERM ($/RSF/YEAR) NON-FIRM TERM ($/RSF/YEAR) RENEWAL TERM ($/RSF/YEAR) 6. BUILDING SHELL RENT (INCL. REAL ESTATE TAXES) 6a. $30.00 6b. $30.00 6c. $0.00 7. OPERATING RENT 7a. $5.00 7b. $5.00 7b. $0.00 8. TURNKEY TENANT IMPROVEMENT RENT (See blocks 12 and 13 below for additional breakdown of cost and amortization rate ) 8a. $0.00 8b. $0.00 8c. $0.00 9. BUILDING SPECIFIC AMORTIZED CAPITAL (IF APPLICABLE) 9a. $0.00 9b. $0.00 9c. $0.00 10. TOTAL RENT 10a. $35.00 10b. $35.00 10c. $0 11. TENANT IMPROVEMENT COSTS 0 12. INTEREST RATE TO AMORTIZE TENANT IMPROVEMENTS 0 13. HVAC OVERTIME RATE PER HOUR 0 14. ADJUSTMENT FOR VACANT PREMISES RATE ($/ABOA SF/YEAR) N/A OWNER IDENTIFICATION AND CERTIFICATION 15. RECORDED OWNER 15a. Name The Augustana University 15b. Unique Entity Identifier (UEI) W6YZCPTMFSD5 15c. Address 2001 South Summit Avenue 15d. City Sioux Falls 15e. State SD 15f. ZIP + 4 57197-0001 BY SUBMITTING THIS OFFER, THE OFFEROR AGREES UPON ACCEPTANCE OF THIS PROPOSAL BY HEREIN SPECIFIED DATE, TO LEASE TO THE UNITED STATES OF AMERICA, THE PREMISES DESCRIBED, UPON THE TERMS AND CONDITIONS AS SPECIFIED HEREIN, IN FULL COMPLIANCE WITH AND ACCEPTANCE OF THE AFOREMENTIONED RLP, WITH ATTACHMENTS. I have read the RLP with attachments in its entirety and am requesting no deviations OFFEROR S INTEREST IN PROPERTY OWNER AUTHORIZED AGENT OTHER (Specify) Department Chair 18. OFFEROR Check if s ame as Recorded Owner 18a. NAME 18b. ADDRESS 18c. CITY 18d. STATE 18e. ZIP + 4 18f. Title 18g. E-mail address 18h. Telephone Number 18i. OFFEROR S SIGNATURE 18j. DATE SIGNED PART II - AWARD (To be completed by Government) Your offer is hereby accepted. This award consummates the Lease, which consists of the following attached documents: (a) this GSA Form 3626, (b) Supplemental Lease Requirements, (c) Security Requirements, (d) Agency Specific Requirements, (e) Floor Plan delineating the Premises, (f) GSA Form 3517A, General Clauses (Acquisition of Leasehold Interests in Real Property for Small Leases), and (g) the following building improvements, changes or additions made or agreed to by you (for example, energy efficiency and conservation improvements, ABAAS upgrades, Seismic Form C - Building Retrofit or New Construction Pre-Award Commitment (if applicable)): The Period of Performance for the lease is expected to be from December 2023 through June 2024. This will be a seven-month lease. The first four months are firm and the final three months are soft. We request that the Government be able to terminate the lease, in whole or in part, after the firm term of this lease, by providing not less than 30 days prior written notice to the Lessor. The total cost of the seven-month lease is expected to be $11,922.00, fully serviced. Breakdown of Firm Term and Soft Term Firm Term 4 months December 2023 March 2024 Room Type Space SF Shell Cost Operating Cost Monthly Cost Wet Lab, Bench Research 360 $30 $5 $1,050 Animal Holding 151 $30 $5 $440 Common Animal Space 151 $30 $5 $411 Animal Supply Storage 100 $30 $5 $292 TOTAL 752 $2,193 Room Type Space SF Shell Cost Operating Cost Monthly Cost Wet Lab, Bench Research 360 $30 $5 $1,050 TOTAL 360 $1,050 Firm term is 752 rentable sf at $2,193 per month for 4 months totaling $8,772. Soft Term 3 months April 2024 June 2024 Soft term is 360 rentable sf at $1,050 per month for 3 months totaling $3,150. General Services Administration GSA Form 3626 (REV 10/21) Page 2 of 3 General Services Administration Page of 3 GSA FORM 3626 (REV 10/21) General Services Administration Page of 3 GSA FORM 3626 (REV 10/21) THIS DOCUMENT IS NOT BINDING ON THE GOVERNMENT OF THE UNITED STATES OF AMERICA UNLESS SIGNED BELOW BY AUTHORIZED LEASE CONTRACTING OFFICER. 3a. NAME OF LEASE CONTRACTING OFFICER (Type or Print) Scott J. Jennings 3b. SIGNATURE OF LEASE CONTRACTING OFFICER 3c. DATE