Proposed in-lease agreement with George T. Curtis, III, as Trustee of 2235 Shannon Place Revocable Trust

MURIEL BOWSER
MAYOR
June 30, 2026
Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code §
1-204.51), enclosed for consideration and approval by the Council of the District of Columbia is
an amendment to an in-lease agreement with George T. Curtis, III, as Trustee of 2235 Shannon
Place Revocable Trust, to extend the lease of 82,511 square feet of office space located at 2235
Shannon Place, SE. The leased premises is occupied by the Office of Lottery and Gaming, the
Department of For-Hire Vehicles, the Workforce Investment Council, the Executive Office of
the Mayor and the District of Columbia Council. Consideration to be paid by the District for the
first year under the amendment (October 1, 2026 through September 30, 2027) is $101,950.95.
If you have any questions regarding this contract, please contact Delano Hunter, Director,
Department of General Services (“DGS”), or have your staff contact Tiwana Hicks,
Associate Director, Portfolio Management Division, DGS, at (202) 727-2800.
I look forward to the Council’s favorable consideration of this in-lease agreement.
Sincerely,
Muriel Bowser
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

_________________________________________________________________________________________________
3924 Minnesota Avenue NE, 6th Floor, Washington, DC 20019 • Telephone (202) 727-2800
1

COUNCIL REAL ESTATE CONTRACT SUMMARY

June 3, 2026

Please note that any capitalized term used but not defined in this Summary shall have the meaning
given to such term in the proposed real estate contract.

1. The name of the proposed lessor, lessee, grantor or other party to the proposed real estate
contract, the type of real estate contract, the source selection method, the primary term
of the real estate contract (if applicable), and the consideration to be paid by the District:

Contract Party Name: George T. Curtis, as Trustee of 2235 Shannon Place
Revocable Trust (“Landlord”)
Type of Real Estate Contract: Amendment to I n-Lease Agreement (District is
Tenant)
Location of Real Property: 2235 Shannon Place, SE
Source Selection Method: Non-Competitive as to the Amendment
Primary Term (if applicable): Approximately 3 years and 6 months remaining with
two successive options to extend by 5 years under
existing In- Lease Agreement. The proposed
Amendment would extend the primary term by 15
years.

Consideration to be paid by District
for First Year under the Amendment
(October 1, 2026 through
September 30, 2027): $101,950.95
Certificate of Funding Amount
for Fiscal Year 2026: $0

2. If the real estate contract is a lease amendment, a breakdown of the Annual Rental for
the first Lease Year under the amendment and the scheduled escalations thereof:

Premises (82,511 Rentable Square Footage (“RSF”))
Components of
Annual Rental
$/RSF/YR Annual Total Annual Escalations after First
Lease Year
Net Rental $39.89 $3,291,363.79 2.75%
2

Initial Operating
Costs
$10.15 $837,486.65 CPI-based
Initial Real Estate
Taxes
$8.46 $698,043.06 Based on actual increases in Real
Estate Taxes
Tenant Improvement
Allowance
Amortization
N/A N/A N/A
Total Annual
Rental
$58.50 $4,826,893.50 N/A

For the first Lease Year under the proposed Amendment (October 1, 2026 to September 30,
2027), the total Annual Rental of $4,826,893.50 is abated; and the District shall pay
$101,950.95 in Additional Rent only.

3. If the real estate contract is a lease amendment, a description of any extensions of or
options to renew the primary lease term set forth above , the contract amount for any
extension or option period (and an explanation of any difference), and a description of
any options to purchase the real property:

The proposed Amendment would extend the primary term under the existing i n-lease
agreement by 15 years. The District has two successive options to extend the primary term by
5 years under the existing in-lease agreement, which options would remain unchanged by the
proposed Amendment. The annual rental for each such extended term cannot be determined at
this time, but is not anticipated to be equal to the a nnual rental during the primary term. This
is primarily due to the fact that the net rental rate for the first lease year of each extended term
shall be equal to the then fair market rental rate for comparable properties in the District of
Columbia, as determined by the Landlord and the District. The proposed Amendment does not
provide for an option to purchase the real property.

4. A description of the real property to be acquired, developed or leased, including any
applicable improvements:

The following is provided under the existing in-lease agreement:

Street Address: 2235 Shannon Place, SE
Square/Lot Number: Square 5784 / Lot 1100
Total RSF of Building: 82,511 RSF
Total RSF of Premises: 82,511 RSF
Description of Improvements : The existing building is a n 82,511 RSF office building
located on approximately 19,166 square feet of land. Under the Amendment, the Office of
Lottery and Gaming (“DC Lottery”), the Department of For-Hire Vehicles (“DFHV”), the
Workforce Investment Council (“WIC”), the Executive Office of the Mayor (“EOM”) and
the District of Columbia Council (“Council”) will continue to occupy 82,511 RSF of office
space and have use of 80 unreserved parking spaces.

3

5. A description of the District’s specific real property need associated with the proposed
real estate contract and t he selection process, including the number of offerors, the
evaluation criteria, and the evaluation results , including price, technical or quality, and
past performance components:

The existing in- lease agreement, which was deemed approved by Council on July 19, 2013
(CA20-0166), was the result of a competitive process. Th e Amendment resulted from a
proposal from the Landlord requesting that the District extend the primary term of the existing
in-lease agreement in exchange for which the District would realize approximately $4.8 million
in rent abatement and obtain an approximately $6.6 million tenant improvement allowance for
the premises.

In response to the Landlord’s proposal, DGS conferred with DC Lottery, DFHV, EOM and the
Council regarding the Amendment terms. DC Lottery, DFHV, WIC, EOM and the Council
wish to remain at this location and support the Amendment.

6. A description of any other contracts the proposed contract party is currently seeking or
holds with the District.

Based upon a certification from Landlord, Landlord is not currently seeking and does not
currently hold any other contracts with the District.

7. The background and qualifications of the proposed contract party, including its
organization, principals, financial stability, and personnel; performance on past or
current real estate contracts with requirements similar to those of the proposed contract:

George T. Curtis, as Trustee of 2235 Shannon Place Revocable Trust , is the owner of 2235
Shannon Place, SE. The Landlord has no employees. The Landlord’s officers are: George T.
Curtis, Trustee; and Michael B. Gimbert, Chief Operating Officer. T he Landlord has
performed satisfactorily under the existing in-lease agreement.

8. Expected outcomes of the proposed real estate contract:

The execution of the proposed Amendment is expected to result in the continued occupancy
by DC Lottery, DFHV, WIC, EOM and the Council of the subject space for an additional 15
years, with the possibility of an additional 10 years pursuant to 2 extension options under the
existing in-lease agreement.

9. A statement that suitable space owned by the District is not available or cannot be
reasonably renovated or altered:

Based upon an evaluation of space owned by the District, there is no suitable space owned by
the District, either as-is or which can reasonably be renovated or altered, which would meet
the needs of DC Lottery, DFHV, WIC, EOM and the Council fulfilled under the Amendment.

10. ANC notice of the proposed real estate contract:

4

Not applicable, as DC Lottery, DFHV, WIC, EOM and the Council cu rrently occupy the
premises under an existing in-lease agreement.

11. A certification that the proposed real estate contract is within the appropriated budget
authority for the agency for the fiscal year and is consistent with the financial plan and
budget adopted in accordance with §§ 47-392.01 and 47-392.02:

The Office of the Chief Financial Officer has certified the availability of funds for the proposed
real estate contract. Please see the attached Funding Certification.

12. A certification that the proposed real estate contract is legally sufficient:

The Office of the General Counsel for the Department of General Services has certified that
the proposed real estate contract is legally sufficient. Please see the attached Legal Sufficiency
Certification.

13. A certification as to whether the proposed contract party has any currently pending legal
claims against the District:

Based upon a certification from the Landlord, the Landlord does not have any legal claims
currently pending against the District.

14. A certi fication that the Citywide Clean Hands database indicates that the proposed
contract party is current with its District taxes:

The proposed contract party is current with its District of Columbia taxes. Please see the
attached Citywide Clean Hands certificate.

15. A certification from the proposed contract party that it is current with its federal taxes ,
or has worked out and is current with a payment schedule approved by the federal
government:

Based upon a certification from the Landlord, the Landlord is current with its federal taxes, or
has worked out and is current with a payment schedule approved by the federal government.

16. A certification that the proposed contract party has not been determined to be in
violation of section 334a of the Board of Ethics and Government Accountability
Establishment and Comprehensive Ethics Reform Amendment Act of 2011:

Based upon a certification from the Landlord, the Landlord has not been determined to be in
violation of section 334a of the Board of Ethics and Government Accountability Establishment
and Comprehensive Ethics Reform Amendment Act of 2011.

17. A certification from the proposed contract party that it currently is not and will not be
in violation of section 334a of the Board of Ethics and Government Accountability
Establishment and Comprehensive Ethics Reform Amendment Act of 2011:
5

Based upon a certification from the Landlord, the Landlord currently is not and will not be in
violation of section 334a of the Board of Ethics and Government Accountability Establishment
and Comprehensive Ethics Reform Amendment Act of 2011.

18. The status of the proposed contract party as a certified local, small, or disadvantaged
business enterprise, as defined in subchapter IX-A of Chapter 2 of title § 2-218.01 et seq.:

The proposed contract party is not a certified local, small, or disadvantaged business enterprise.

1101 4th Street, SW
Washington, DC 20024
Date of Notice: May 22, 2026 L0016601922Notice Number:
FEIN: **-***8396
Case ID: 18984275

Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
2235 SHANNON PLACE REVOCABLE TRUST
5620 LINDA LN
CAMP SPRINGS MD 20748-2300

Branch Chief, Collection and Enforcement Administration
Authorized By Melinda Jenkins
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov

COPY
441 4th Street, NW – Suite 890 North - Washington, DC 20001

GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE CHIEF FINANCIAL OFFICER
GOVERNMENT OPERATIONS CLUSTER

OFFICE OF FINANCE & RESOURCE MANAGEMENT

Antoinette Hudson Beckham Angelique Rice
Agency Fiscal Officer Associate Chief Financial Officer

Date: 6/11/2026

Agency Budget: Department of General Services (AM0)
Occupying Agency: Executive Office of the Mayor (AA0)
District of Columbia Council (AB0)
DC Lottery & Charitable Games (DC0)
Workforce Investment Council (GW0)
Department For-Hire Vehicles (TC0)

Ward 8

Funds Needed: FY 2026 $0.00
Purpose: Funding is needed for a lease amendment, which will extend the term of the
lease agreement at 2235 Shannon Place. Executive Office of the Mayor, District
of Columbia Council, DC Lottery & Charitable Games, Workforce Investment
Council, and Department For-Hire Vehicles occupy office space under the lease.
Certification: This is to state that funding in the amount of $0.00 is needed for FY 2026. Funding
in the amount of $101,950.95 is needed for FY 2027 and is subject to the approval
of the District’s Budget and Financial Plan by the Council and Congress .

Cost of Obligation FY 2026: $0.00
Cost of Obligation FY 2027: $101,950.95

Term: 15 yrs

_________________________ _________________________
Antoinette Hudson Beckham Date

Cc: Angelique Rice, Associate Chief Financial Officer, GOC

06.11.2026
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

________________________________________________________________________________________________

3924 Minnesota Avenue, NE, 6th Floor, Washington, D.C. 20019 • Telephone (202) 727-2800
1

Office of the General Counsel

MEMORANDUM

TO: Tomás Talamante
Director, Office of Policy and Legislative Affairs

THROUGH: Xavier Beltran
General Counsel, Department of General Services

FROM: Jennie O’Flanagan
Assistant General Counsel, Department of General Services

SUBJECT: Legal Sufficiency Certification for Proposed Sixth Amendment to In -Lease
Agreement by and between the District and George T. Curtis, III, as Trustee
of 2235 Shannon Place Revocable Trust, for premises at 2235 Shannon Place,
SE, Washington, D.C. (the “Amendment”)

DATE: June 3, 2026

This is to certify that this Office has reviewed the above-referenced Amendment and that we have
found it to be legally sufficient, subject to the submission of any required materials and Council
approval.

If you have any questions, please do not hesitate to contact me at (202) 727-2800.

__________________________
Jennie O’Flanagan
Assistant General Counsel, Department of General Services

EXECUTION VERSION

Page 1 of 46

2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
SIXTH AMENDMENT TO AWARD OF IN-LEASE

THIS SIXTH AMENDMENT TO AWARD OF IN-LEASE (this “ Sixth
Amendment”) is made and entered into as of this ___ day of ___________, 2026 (the
“Sixth Amendment Effective Date”) by and between the DISTRICT OF COLUMBIA, a
municipal corporation, by and through its Department of General Services (“ Tenant” or
the “District ”), and GEORGE T. CURTIS, III, AS TRUSTEE OF 2235 SHANNON
PLACE REVOCABLE TRUST (“Landlord”). Landlord and the District are each referred
to hereinafter as a “Party” and collectively referred to as the “Parties”.

W I T N E S S E T H :

WHEREAS, pursuant to that certain Award of In-Lease, by and between Landlord
(as successor-in-interest to Curtis Properties, Inc.) and the District, dated August 27, 2013
(the “Original Lease”), as amended by that certain First Amendment to Award of In-Lease
dated August 27, 2013 (the “ First Amendment ”), that certain Second Amendment to
Award of In -Lease dated July 18, 2014 (the “ Second Amendment”), that certain Third
Amendment to Award of In-Lease dated January 2, 2015 (the “Third Amendment”), that
certain Fourth Amendment to Award of In -Lease dated May 12, 2015 (the “Fourth
Amendment”), and that certain Fifth Amendment to Award of In- Lease dated March 15,
2017 (the “Fifth Amendment”; the Original Lease as amended by the First Amendment,
Second Amendment, Third Amendment, Fourth Amendment and Fifth Amendment being
the “Existing Lease”; and the Existing Lease as amended by this Sixth Amendment being
the “Lease”), the District leases from Landlord, and Landlord leases to the District, those
certain premises located at 2235 Shannon Place, SE in Washington, DC , comprised of
82,511 rentable sq uare feet (“RSF”) and as more particularly set forth in the Existing
Lease; and
WHEREAS, the Parties desire to amend the terms of the Existing Lease as set forth
herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Incorporation of Recitals and Exhibits. The above recitals and any exhibits
hereto are incorporated in, and made a part of, this Sixth Amendment.

2. Defined Terms. Capitalized terms used but not defined herein shall have
the meanings given to them in the Existing Lease. The definition of “ Laws” is hereby
amended to include the Davis-Bacon Act, 40 U.S.C. §§ 3141-3148, together with Title 29
of the Code of Federal Regulations part 5), and the orders, rules and regulations
promulgated thereunder, as the same may be amended from time to time.

3. Building Rentable Square F ootage. The Parties acknowledge and agree
that, notwithstanding anything to the contrary in that certain Declaration of Delivery of
Premises by and between Landlord and the District dated May 28, 2015, due to the addition
EXECUTION VERSION

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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
of Additional Premises under the Fifth Amendment, the total rentable square footage of the
Premises is 82,511.

4. Extension of Lease Term; New Lease Year.

(a) The Parties acknowledge that under the Existing Lease the Lease Term
expires on December 11, 2029. The Lease Term is hereby extended for a period of fifteen
(15) years, commencing on December 12, 2029 and expiring at 11:59 p.m. on December
11, 2044, unless sooner terminated in accordance with the terms of the Lease (the period
from December 12, 2029 through December 11, 2044 being the “ Extended Term ”).
References in the Existing Lease to “Lease Term” or “Term” shall include the Extended
Term. For the avoidance of doubt, the provisions of Section 6 of the Original Lease
providing the District with two (2) Extension Options shall remain in effect, and, if
exercised in accordance with the terms thereof, the first Renewal Term shall commence
immediately following the expiration of the Extended Term and the second Renewal Term
shall commence immediately following the expiration of the first Renewal Term; and if the
District fails to exercise the first Extension Optio n, the Lease shall terminate upon the
expiration of the Extended Term, and the District shall have no second Extension Option.

(b) The Parties acknowledge that, as of the Sixth Amendment Effective Date:
(i) each Lease Year under the Lease commences on December 12th and ends on December
11th; and (ii) the Rent Commencement Date is December 12, 2014. Notwithstanding the
foregoing, effective as of October 1, 2026, the Parties agree that: (iii) the Lease Year shall
be reset such that each Lease Year commences on October 1st and ends on September 30th
and (iv) the Rent Commencement Date shall be amended such that the anniversary of the
Rent Commencement Date shall be each October 1 st. For the avoidance of doubt, the
Annual Rent set forth in Section 5(c) below shall commence on October 1, 2026 and the
next annual adjustments to be made to Annual Rental pursuant to the terms of this Sixth
Amendment and Section 7 of the Original Lease shall be made on October 1, 2027.

5. Amended Annual Rent.

(a) As of October 1, 2026, Section II of DC DGS Form L-102 and Section 7 of
the Original Lease are amended such that the Annual Rental per Premises RSF shall consist
of:

Net Rental: $39.89
Operating Expenses: $10.15
Real Estate Taxes: $ 8.46
Total Annual Rental $58.50

For the avoidance of doubt, the Parties acknowledge and agree that there is no Amortization
of Tenant Improvement Allowance component of Annual Rental.

(b) As of October 1, 2027 and on each subsequent anniversary thereafter: (i)
the then current Net Rental shall escalate by 2 .75% of the Net Rental for the immediately
EXECUTION VERSION

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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
preceding year, as set forth in Exhibit A; and (ii) Operating Expenses shall escalate as set
forth in Section 7.3(b) of the Original Lease, subject to the provisions of Section 4(b)
above.

(c) As of the Sixth Amendment Effective Date, Section 7.4(e) of the Original
Lease is hereby deleted and replaced by the following:

“Tenant shall not initiate or participate in any contest of Real Estate Taxes
without Landlord’s prior written consent, such consent not to be unreasonably
withheld, conditioned or delayed. Real Estate Taxes that are being contested by
Landlord shall nevertheless be included for purposes of computation of the
estimated liability of Tenant hereunder. Notwithstanding any provision in this
Lease to the contrary, the District shall not pay or reimburse Landlord for any costs
incurred by Landlord in challenging the tax valuation or assessment of the Building,
Land or Property or obtaining such refund. In the event Landlord receives a refund
for any Real Estate Taxes paid during the Lease Term as a result of challenging the
tax valuation or assessment of the Building, Land or Property, the District shall be
entitled to the District’s Proportionate Share of such refund in the form of a rent
abatement (the “District Refund Abatement ”). Within sixty (60) days of
receiving the Real Estate Tax refund, Landlord shall deliver written notice to the
District of the District Refund Abatement (together with supporting
documentation). The District shall then deliver written notice to Landlord as to
which monthly payment of Annual Rental it elects the District Refund Abatement
to be applied. If the Lease shall have expired or is otherwise terminated, Landlord
shall refund any such credit due Tenant, after first deducting the amount of any
unpaid Annual Rental hereunder, within thirty (30) days after the Expiration Date
or earlier date of termination of this Lease. Notwithstanding any provision in this
Lease to the co ntrary, the District Refund Abatement shall be in addition to any
other abatement of rent provided or permitted under this Lease.”.

(d) As of the Sixth Amendment Effective Date, Section 7 of the Original Lease
is amended to add Section 7.5 as follows:
“7.5 Prerequisite for Payment . Landlord (including any successor landlord)
acknowledges that, as a condition precedent to the District’s obligation to pay
Annual Rental or Additional Rent hereunder, Landlord must be registered and
have an active status in the District’s financial and payment system, as may be
updated from time to time. Registration in such system shall require (i)
completion of the District’s self-service Supplier Portal registration process; (ii)
submission to the District of a current executed IRS Form W-9; (iii) delivery to
the District of a valid remittance address and related payment information; and
(iv) any additional documentation as the District may reasonably require to
establish and maintain an active vendor profile for Landlord for payment
process purposes. Landlord agrees to timely provide and maintain in current
status all required documentation and to promptly update any information as
necessary to ensure uninterrupted payment processing. The District shall not
EXECUTION VERSION

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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
be responsible for delays in Annual Rental or Additional Rent payments
resulting from Landlord’s failure to complete, deliver or maintain required
registration or documentation.”
(e) As of the Sixth Amendment Effective Date, the definition of “CPI” in the
Original Lease is hereby deleted in its entirety and replaced with the following:

“CPI” means the revised Consumer Price Index for Urban Wage Earners
and Clerical Workers (revised CPI -W), All Items, Washington – Arlington –
Alexandria, DC-VA-MD-WV, 1982-84=100, as published by the Bureau of Labor
Statistics of the United States Department o f Labor. If the CPI is changed so that
a base year of other than 1982-84 is used, the CPI used herein shall be converted in
accordance with the conversion factor published by the Bureau of Labor Statistics
of the United States Department of Labor. If the CPI is discontinued or otherwise
revised during the Lease Term, such other government index or computation by
which Landlord and the District agree that the CPI has been replaced by shall be
used for purposes of this Lease to obtain substantially the same result as would be
obtained if the CPI had not been discontinued or otherwise revised.”

(f) For the avoidance of doubt , except as expressly amended by this Sixth
Amendment, Annual Rental and Additional Rent shall be paid by the District to Landlord
pursuant to the terms of the Existing Lease.

6. Landlord Credit. Landlord hereby grants to the District a rental abatement
of Annual Rental in the total amount of $4,826,893.50 (the “Landlord Credit”), which is
equal to the amount of twelve (12) months of Annual Rental for the period beginning
October 1, 2026, and which shall be applied to the twelve (12) consecutive monthly
payments of Annual Rent due and payable by the District to Landlord commencing on
October 1, 2026 and continuing through September 30, 2027.

7. Extended Term TI Allowance; Work Exhibit; Extended Term TI Outside
Delivery Date.

(a) Commencing as of December 12, 2032, Landlord shall provide to
the District a tenant improvement allowance for tenant improvements to the Premises (the
“Extended Term Tenant Improvements” as is more fully defined in the exhibit attached
hereto as Exhibit B (the “Work Exhibit”)) in the amount of $6,600,880, which is $80.00
per RSF of the Premises (the “Extended Term TI Allowance”). For the avoidance of
doubt, as there is no Amortization of Tenant Improvement Allowance component of
Annual Rental, in no event shall the termination of the Lease prior to the expiration of the
Extended Term result in (i) any continued or accelerated payment by the District of any
amortization rental payments for, or the principal of, the Extended Term TI Allowance or
(ii) any other payment of or reimbursement for the then remaining unamortized portion of
the Extended Term TI Allowance.

EXECUTION VERSION

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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
(b) If any amount of the Extended Term TI Allowance is not used for
Extended Term Tenant Improvements (the “Unused Extended Term TI Allowance ”),
such Unused Extended Term TI Allowance shall be the Additional Landlord Credit
(defined in the Work Exhibit) and shall be applied to abate Annual Rental due and payable
by the District to Landlord. The amount of any Unused Extended Term TI Allowance shall
be set forth in the Extended Term Declaration (as defined in the Work Exhibit) and shall
be applied beginning with the next monthly payment of Annual Rental following the
effective date of the Extended Term Declaration, until exhausted.

(c) Landlord shall cause the design and construction of the Extended
Term Tenant Improvements in accordance with the Work Exhibit . All costs of the
Extended Term Tenant Improvements shall be paid by Tenant, subject to and in accordance
with the provisions of the Work Exhibit. The Parties acknowledge that the performance of
Landlord’s work under the Work Exhibit shall be performed while District agency(ies)
continue to occupy the Premises for the Permitted Use. Tenant shall cooperate in good
faith with Landlord during the performance of the Extended Term Tenant Improvements
to minimize any interference or delay by Tenant with respect to the Extended Term Tenant
Improvements. Landlord shall use commercially reasonable efforts to ensure that the
performance of the Extended Term Tenant Improvements does not interfere with the
operations of the District in the Premises; and it shall be presumed that (i) with respect to
noise levels, Extended Term Tenant Improvements work that does not exceed reasonable
noise levels for a workplace does not interfere with the operations of the District and (2)
with respect to access, Extended Term Tenant Improvements work that does not adversely
impact the District’s access to the Premises does not interfere with the operations of the
District. In order to allow for the performance and completion of the Extended Term
Tenant Improvements, the Parties acknowledge that, for certain agreed dates and portions
of the Premises that shall be specified in the Project Schedule (defined in the Work
Exhibit), Tenant may not have full access to or use of such specified portion(s) of the
Premises for such specified dates.

(d) “Extended Term TI Outside Delivery Date” means the date that
is ninety (90) days after the projected Substantial Completion date set forth in the Project
Schedule, as such projected date may be amended in subsequent iterations of the P roject
Schedule approved in writing by the District. Subject to Force Majeure Events and any
District Delay, in the event that Landlord does not Substantially Complete the Extended
Term Tenant Improvements on or before the Extended Term TI Outside Delivery Date, the
District shall be entitled to a credit against Annual Rental for each day beyond the Extended
Term TI Outside Delivery Date that the Extended Term Tenant I mprovements have not
been Substantially Completed.

8. Parking. Section II of DC DGS Form L -102 and Section 2 of the Original
Lease are amended such that , as of December 1 2, 2029, there shall be eighty (80)
unreserved fleet parking spaces and the monthly Parking Fee for each Parking Space shall
be $180.00 per month. On December 12 , 2030, and on every anniversary thereafter, the
monthly Parking Fee for each Parking Space shall increase by 2.75% of the monthly fee
for the month prior to such anniversary.
EXECUTION VERSION

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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease

9. Additional Property Management Requirements.

(a) Section 11 of the Original Lease is amended to add Section 11.2 as
follows:
“11.2 (a) The entit y or entities providing property
management services for the Property, including the Premises, required
under this Lease, whether Landlord, an affiliate of Landlord or a third-party,
is referred to herein as the “Property Manager ”. The Property Manager
and at least one senior member or employee of the Property Manager
assigned to the Property shall each hold and maintain in good standing a
recognized professional property management designation (e.g., AMO,
CPM, ARM and RPA) during the Lease Term.

(b) Within ninety (90) days of the Sixth Amendment Effective
Date, Landlord shall cause to be delivered to the District a comprehensive
property management staffing and engineering staffing plan for the
Property for the District’s review and approval, not to be unreasonably
withheld, conditioned or delayed. At a minimum, the staffing plan shall
reflect, and the Property Manager staffing for the Building shall include: (i)
one full-time property management professional dedicated to administrative
oversight a nd tenant relations; and ( ii) one full -time, on -site Building
engineer responsible for effectuating Landlord’s maintenance, repair and
operational obligations hereunder.

(c) The District shall have access to and the use of a centralized,
electronic work order system for the Property, which allows for the
electronic submission, tracking and resolution confirmation of service and
maintenance requests. Landlord shall resolve all work orders promptly and
in any event no later than three (3) Business Days (as hereafter defined)
after the work order has been submitted; provided, however, that if the work
order is of a type and nature that cannot reasonably be resolved within three
(3) Business Days after the work order has been submitted, Landlord shall
reply to the District within three (3) Business Days after the work order has
been submitted regarding the status of the work order . “Business Days”
shall mean all days during the Term except Saturdays, Sundays, and days
observed by the Government of the District of Columbia as legal holidays.

(d) Landlord shall, at Landlord’s sole cost and expense, perform
all Landlord obligations under the Lease , including, but not limited to ,
maintaining the structural portions of the Building and its operating systems
in good condition and order.

(e) Within sixty (60) days of the Sixth Amendment Effective
Date, at Landlord’s sole cost and expense, Landlord shall deliver (or cause
to be delivered) to the District a capital plan for maintenance, repair,
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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
replacement and operation of the Building (the “ Capital Plan ”). The
Capital Plan shall be supported by a capital needs assessment conducted by
a qualified a nd experienced third party assessor , and the capital needs
assessment shall be included as an exhibit to the Capital Plan. The Capital
Plan shall include a schedule of useful life and replacement dates for all
applicable items including Building Structures and Systems. Landlord shall
maintain and operate the Building in accordance with the Capital Pla n,
subject to unanticipated repairs or replacements, as needed; and Landlord
shall have the right, in its sole discretion but only after consultation with
appropriate third- party professionals, to perform reasonable alternative
mitigations. The foregoing shall not modify Landlord’s Extended Term
Tenant Improvement obligations or Landlord’s maintenance and services
obligations under the Lease. Landlord shall use commercially reasonable
efforts to ensure that the performance of work related to the Capital Pl an
does not interfere with the operations of the District in the Premises; and it
shall be presumed that (i) with respect to noise levels, work related to the
Capital Plan that does not exceed reasonable noise levels for a workplace
does not interfere with the operations of the District and (2) with respect to
access, work related to the Capital Plan that does not adversely impact the
District’s access to the Premises does not interfere with the operations of
the District.”

(b) Section 9.4 of the Original Lease is amended to add the following:
“Landlord shall ensure that the Building will be managed, operated and maintained in
accordance with Section 11.2 hereof.”

(c) Section 11.1(xiv) of the Original Lease is amended to add the
following: “The Building shall be professionally managed, operated and maintained and
services shall be provided in accordance with Section 11.2 hereof.”

10. Definition of Additional Cost Approval for Additional Services . The
definition of “Additional Cost Approval” for Additional Services set forth in Section 8 of
the Fifth Amendment is hereby deleted and replaced with the following:

“The District shall either approve or disapprove the Scope of Work and the
Additional Services Cost (a) in a writing signed by the Director after , if
applicable, the District’s certification of the availability of appropriated
funds for such purpose ; or (b) if the Additional Services Cost is not more
than $25,000.00, in a writing (including an email) from the Associate
Director, the Realty Officer or a Supervisory Realty Specialist of the
Portfolio Management Division of the District of Columbia Department of
General Services (an “Additional Cost Approval”).”

11. Premises Work.
(a) Notwithstanding any other provision of the Lease to the contrary,
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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
any work caused to be performed by Landlord under a construction contract in or to the
Premises after the performance of the Extended Term Tenant Improvements, whether or
not on behalf of the District (“ Premises Work”), shall be subject to the DBA (as defined
in the Work Exhibit) , including then current wage rate requirements, as set forth in an
amendment to the Lease , if applicable. At such time as the contractor for the Premises
Work (the “Premises Contractor”) is preparing its contract with Landlord and its
subcontracts, Landlord shall cause the Premises Contractor to include the applicable wage
rates in its contract and subcontracts. Landlord shall also cause the Premises Contractor to
comply with the regulations implementing the DBA and such regulations shall be
incorporated into the Premises Contractor’s contract, which in turn shall require the
inclusion of such regulations in all subcontracts. Landlord shall include or cause the
inclusion of the applicable wage rates and regulations compliance requirements within any
competitive request for proposal, bid or similar issuance for contractors and subcontractors.
The construction contract and all subcontracts shall require compliance with the record
keeping requirements of the DBA, including keeping payroll records for at least three (3)
years from the date of completion of the construction contract. The foregoing requirements
applicable to the Premises Contractor’s subcontractors and subcontracts shall apply to
subcontractors and subcontracts of any tier for Premises Work performed.
(b) Landlord shall deliver or cause the Premises Contractor to deliver
by email to PMDLeasePayrolls@dc.gov the following: (i) prior to the commencement of
any Premises Work, a list of all general contractors and subcontractors to perform any
Premises Work, and (ii) a copy of each construction contract and subcontract within five
(5) Business Days of execution thereof. In addition, on a weekly basis, Landlord shall
deliver or cause the Premises Contractor to deliver by email to PMDLeasePayrolls@dc.gov
the following: (A) a list of the general contractors and subcontractors who have performed
any Premises Work during the applicable one week period, and (B) a certified payroll
statement for the applicable week from each general contractor and subcontractor on such
list. Each certified payroll statement shall be delivered in pdf format and the name of each
pdf shall identify the name of the contractor or subcontractor, the applicable week of the
certified payroll statement, the name of Landlord and the address of the leased premises.
All references in this paragraph to subcontracts and subcontractors refer to all tiers of
Premises Work. The District may exercise any rights and avail itself of any remedies
available to it under the DBA and related acts in order to ensure compliance therewith.

12. Insurance. Section 14 of the Original Lease is hereby amended by adding a
Section 14.6 thereto as follows:

“14.6 Landlord agrees that: (i) Landlord’s property insurance shall insure
all tenant improvements in the Premises constituting fixtures and shall cause
the “District of Columbia, as its interests may appear” to be added as a loss
payee as to property insurance and as an additional insured as to liability
insurance; and (ii) notwithstanding anything in this Lease to the contrary,
Landlord hereby waives, and releases the District and its Agents of and
from, any and all rights of recovery, claims, or causes of action, whether by
subrogation or otherwise, against the District or its Agents for any liability,
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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
loss or damage that may occur to the Property (including the Premises),
Landlord’s property or any leasehold improvements (regardless of cause or
origin, including the negligence of any of the District or its Agents), which
loss or damage is insured against or is required to be insured against by
Landlord hereunder.”

13. Notice to District. The District’s Notice Address set forth in Section 4b of
DC DGS Form L -100 of the Original Lease is hereby deleted and replaced with the
following:

If to District: District of Columbia
Department of General Services
3924 Minnesota Avenue, NE, 6th Floor
Washington, D.C. 20019
Attention: Director

Email address: delano.hunter@dc.gov

With a copy to: District of Columbia
Department of General Services
3924 Minnesota Avenue, NE, 6th Floor
Washington, D.C. 20019
Attention: General Counsel

Email address: xavier.beltran@dc.gov

14. Counterparts. This Sixth Amendment may be executed in several
counterparts each of which shall constitute an original, but both of which together shall
constitute one and the same instrument. Execution of this Sixth Amendment by electronic
or facsimile signature, and electronic delivery (including without limitation by an e-mailed
.pdf document), shall be sufficient for all purposes, and shall be binding on the Parties
hereto.

15. Binding; Choice of Law. This Sixth Amendment shall be (a) binding upon
and inure to the benefit of the Parties hereto and their respective representatives, successors
and permitted assigns, and (b) governed by, and construed in accordance with, the laws of
the District of Columbia, without regard to conflicts of law provisions.

16. Miscellaneous. The Parties, intending to be bound, acknowledge and agree
that: (a) the Lease contains and embodies the entire agreement of the Parties with respect
to the matters set forth herein, and supersedes and revokes any and all negotiations,
arrangements, letters of intent, representations, inducements or other agreements, oral or
in writing with respect to such matters; (b) no representations, inducements or agreements,
oral or in writing, between the Parties with respect to such matters, unless contained in the
Lease, shall be of any force or effect; (c) in the event of any conflict between any terms of
this Sixth Amendment and those of the Existing Lease, the terms of this Sixth Amendment
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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
shall control; and (d) except as expressly amended by this Sixth Amendment, all terms,
conditions, covenants, and provisions of the Existing Lease shall remain unmodified and
in full force and effect.

17. Absence of Interest . Landlord represents and warrants that no officer,
agent, employee, elected official or representative of the District of Columbia , including
of the Council of the District of Columbia, has received any payment or other consideration
for the making of the Lease, and that no such person has any interest, direct or indirect, in
the Lease, or the proceeds thereof or related thereto.

18. Authority.

(a) District’s Representations. By executing this Sixth Amendment, the
District represents to Landlord that: (i) it is authorized to enter into, execute and deliver
this Sixth Amendment and perform its obligations hereunder; (ii) this Sixth Amendment
is effective and enforceable against the District in accordance with its terms; (iii) the person
signing on behalf of the District is duly authorized to execute this Sixth Amendment and
thereby bind the District; and (iv) no other signatures or approvals are nece ssary in order
to make all of the representations of the District contained in this Section true and correct
in all material respects.

(b) Landlord’s Representations. By executing this Sixth Amendment,
Landlord represents to the District that: (i) it is authorized to enter into, execute and deliver
this Sixth Amendment and perform its obligations hereunder; (ii) this Sixth Amendment
is effective and enforceable against Landlord in accordance with its terms; (iii) the person
signing on behalf of Landlord is duly authorized to execute this Sixth Amendment and
thereby bind Landlord; (iv) no other signatures or approvals are necessary in order to make
all of the representations of Landlord contained in this Section true and correct in all
material respects; (v) Landlord is in good standing in the District of Columbia and shall
remain so for the term of the Lease; and (vi) Landlord is in compliance with all District of
Columbia laws and regulations applicable to Landlord, including but not limited to laws
and regulations pertaining to the District of Columbia Office of Tax and Revenue and the
District of Columbia Department of Employment Services, and shall remain so for the term
of the Lease.

19. Severability. Each provision of this Sixth Amendment shall be valid and
enforceable to the fullest extent permitted by law. If any provision of this Sixth
Amendment or the application thereof to any person or circumstance shall to any extent be
invalid or unenforceable, then such provision shall be deemed to be replaced by the valid
and enforceable provision most substantively similar to such invalid or unenforceable
provision, and the remainder of this Sixth Amendment and the application of such
provision to persons or circumstances other than those as to which it is invalid or
unenforceable shall not be affected thereby. Nothing contained in this Sixth Amendment
shall be construed as permitting Landlord to charge or receive interest in excess of the
maximum rate allowed by law.

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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
20. No Partnership; No Third Party Beneficiaries . Nothing contained in the
Lease shall be deemed or construed to create a partnership or joint venture of or between
Landlord and the District, or to create any other relationship between the Parties hereto
other than that of landlord and tenant. Nothing contained in the Lease shall be deemed or
construed to create any third party beneficiaries. The only entities that the Parties intend
to be benefitted by the Lease are Landlord and the District.

21. Not a Contract for Goods or Services. The Lease is not intended to be, nor
shall it be deemed or construed to be a contract for goods or services. Nothing contained
in the Lease, and no future action or inaction by the District under the Lease, shall be
deemed or construed to mean that the District has contracted with Landlord to perform any
activity at the premises or the property that is not ancillary to the conveyance of an interest
in real property. Landlord expressly acknowledges that the District is prohibited by law
from entering into contracts for goods and services without following the procedures set
forth in the Procurement Practices Reform Act of 2010, D.C. Official Code § 2-351.01, et
seq., as may be amended from time to time, or any other applicable procurement authority.

22. The District’s Authority to Execute and Deliver this Sixth Amendment.
Landlord acknowledges that the execution of this Sixth Amendment by the District is
subject to authorization by the Council of the District of Columbia pursuant to Section 451
of the District of Columbia Home Rule Act (D.C. Official Code § 1-204.51 (2001)), as may
be amended from time to time.

23. Brokers. Landlord acknowledges and agrees that Landlord shall pay any
commission or fee due to Landlord’s broker, if any, pursuant to a separate agreement .
Landlord shall indemnify, defend, and hold the District harmless from and against any
damage, injury, loss or claim relating to any broker, finder or agent claiming through or
under Landlord with respect to this Sixth Amendment. S avills, Inc. (“ Savills”) is
recognized as the exclusive broker representing the District with respect to this Sixth
Amendment. Upon f ull execution and delivery to Landlord of this Sixth Amendment,
Landlord shall compensate Savills in an amount equal to 3.0% of the total Annual Rental
over the Extended Term less the amount of the Landlord Credit pursuant and subject to a
separate brokerage agreement between Landlord and Savills.

24. Third-Party Consent . Landlord warrants to the District that, and has
provided evidence to the District of, any required consent to this Amendment of any third
party, including, but not limited to, any lender having a security interest in the Lease or the
property of which the Premises is a part has been obtained by Landlord.

[Signature Pages and Exhibits Follow]
EXECUTION VERSION
IN WITNESS WHEREOF, LandlordandtheDistricthaveexecutedthisSixth
Amendmentasofthe SixthAmendmentEffectiveDate.
LANDLORD:
2235SHANNON PLACE REVOCABLE
TRUST

Title:Trustee
[District'sSignaturePageandExhibitsFollow]
Page12of46
2235ShannonPlace,SE~SixthAmendmenttoAwardofIn-Lease
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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease

DISTRICT:

DISTRICT OF COLUMBIA, a municipal
corporation, by and through its Department
of General Services

By: ____________________________
Delano Hunter, Director

Approved as to Legal Sufficiency for the District of Columbia by:
Office of the General Counsel for the Department of General Services

By: _____________________________
Assistant General Counsel

[Exhibits Follow]

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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
EXHIBIT A

Net Rental Schedule for Extended Term

Approximately 82,511 Rentable Square Feet

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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
EXHIBIT B

Work Exhibit for Extended Term Tenant Improvements

1. Definitions. Any capitalized term used but not defined in this Work Exhibit shall
have the meaning given to such term in the remainder of this Sixth Amendment . The
definition for each of the following terms is set forth in this Work Exhibit as follows:

“Budget Costs” is defined in Section 10 hereof.

“Change Order” is defined in Section 13 hereof.

“Change Order Cost(s)” is defined in Section 12(a) hereof.

“Complete Plans and Specifications” is defined in Section 6 hereof.

“Contractor” is defined in Section 8(a) hereof.

“Cost Ceiling” is defined in Section 10 hereof.

“DBA” is defined in Section 8(b) hereof.

“Design Phase” is defined in Section 5 hereof.

“DGS-PSD” is defined in Section 4 hereof.

“Director” means the Director of the Department of General Services, an executive
agency within the Government of the District of Columbia authorized, pursuant to
the Department of General Services Establishment Act of 2011, effective
September 14, 2011 (D.C. Law 19-21, 58 DCR 6226), D.C. Official Code § 10-
551.01 (2011 Supp.), as well as, all regulations, and orders promulgated and related
thereto and in furtherance thereof (as all may be amended from time to time), and
established to, among other things, manage certain leased space and other real
property assets of the District of Columbia.

“District Delay” is defined in Section 18 hereof.

“District PM” means the project manager engaged by Landlord, subject to the
District’s approval, to provide the PM Services.

“District Proposed Change” is defined in Section 12(a) hereof.

“District Requirements” is defined in Section 4 hereof.

“District’s Response Period” is defined in Section 10 hereof.

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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
“District’s Value Engineering” is defined in Section 10 hereof.

“Excess Cost” is defined in Section 10 hereof.

“Excess Cost Approval Notice” is defined in Section 10 hereof.

“Excluded IT Equipment” is defined in Section 4 hereof.

“Extended Term Declaration ” means that document (the form of which is set
forth in “ Schedule 1” attached hereto and made a part hereof) to be executed by
the Parties upon completion of the Final Accounting as set forth in Section 16
hereof, which sets forth the date of Substantial Completion of the Extended Term
Tenant Improvements, the Final Accounting, any adjustments to be made to any
rental abatement as a result thereof, and any Change Order Costs or Excess Costs,
as well as such other terms and information as is deemed appropriate by the Parties.

“Extended Term Tenant Improvement ” and “Extended Term Tenant
Improvements” are defined in Section 4 hereof.

“Final Accounting” is defined in Section 16 hereof.

“Final Plans and Specifications” is defined in Section 6 hereof.

“Final Response Period” is defined in Section 6 hereof.

“IT” is defined in Section 4 hereof.

“Landlord Delay” is defined in Section 17 hereof.

“Landlord Stated Delay” is defined in Section 12(a) hereof.

“Landlord Proposed Change” is defined in Section 12(b) hereof.

“Landlord’s Notice” is defined in Section 12(a) hereof.

“Latent Defect” is defined in Section 19 hereof.

“OCTO/DC-Net” means the District of Columbia’s Office of the Chief
Technology Officer.

“Plans and Specifications” is defined in Section 5 hereof.

“PM Services ” means the project management services to be provided to the
District in accordance with the terms set forth on “Schedule 3”, attached hereto and
made a part hereof.

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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
“Portfolio Manager” means the Associate Director or the Realty Officer of the
Portfolio Management Division of the District of Columbia Department of General
Services.

“Project Architect” is defined in Section 3 hereof.

“Project Schedule” is defined in Section 6 hereof.

“Punch List” is defined in Section 19 hereof.

“Required Change” is defined in Section 12(c) hereof.

“Response Period” is defined in Section 6 hereof.

“Subcontractor” is defined in Section 8(a) hereof.

“Substantially Complete ”, “ Substantially Completed” and “ Substantial
Completion” are defined in Section 19 hereof.

“TI Construction Contract” is defined in Section 8(a) hereof.

“TI Construction Costs” is defined in Section 9 hereof.

“Turnkey Budget” is defined in Section 10 hereof.

2. Scope. This Work Exhibit sets forth the agreements by and between Landlord and
the District with respect to the design and construction by Landlord of the Extended Term
Tenant Improvements. In the event of any inconsistency between the terms of this Work
Exhibit and the terms of the remainder of this Sixth Amendment, the terms of this Work
Exhibit shall control.

3. Kickoff Meeting; Project Architect. On or before December 12, 2032, (a) the
Parties shall attend a kickoff meeting to discuss the design and construction of the Extended
Term Tenant Improvements, and (b) Landlord shall propose the architect for the Extended
Term Tenant Improvements, which shall be subject to the District’s reasonable approval
(the “Project Architect”).

4. Extended Term Tenant Improvements. Landlord shall, at its sole cost and expense
up to the Cost Ceiling (a) cause the Extended Term Tenant Improvements to be in a state
of Substantial Completion, and (b) furnish all labor and materials to design, construct,
furnish, install and complete all of the items, equipment and work necessary to bring the
Extended Term Tenant Improvements to a state of Substantial Completion, each for the
District’s use and occupancy of the Premises, in a turnkey manner, in accordance with the
Project Schedule, pursuant and subject to the terms of this Work Exhibit, the remainder of
the Lease (including the Sixth Amendment), and in accordance with Laws. As of
December 12, 2032, the District shall provide to Landlord the District’s specifications and
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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
requirements for the build out of the Extended Term Tenant Improvements consisting of
the following documents: (a) “Workplace Design Guidelines” which includes “Basis of
Design, Furniture & Finishes” and “Signage Specifications and Standards”; (b) “Standards
and Practices for Communications Environments – Information and Communications
Technology Structured Cabling Standards” ; and ( c) “Department of General Services,
Protective Services Division’s (“ DGS-PSD”) Security Infrastructure Specifications and
Standards” ((a) through ( c) each and collectively are, the “District Requirements ”).
“Extended Term Tenant Improvements ” (and each , a n “Extended Term Tenant
Improvement”) shall mean the turnkey build-out of the Premises and, if applicable, the
District’s relocation thereto (subject to the Cost Ceiling), including, but not limited to the
PM Services costs, a single stall bathroom with gender neutral signage on any floor fully
occupied by the District, the District’s relocation costs (if any), the purchase and
installation of the construction elements, furniture, fixtures, equipment (including security,
server room, network and power equipment) , fit -out, signs, HVAC related distribution
ductwork and supplemental HVAC equipment, cabling and wiring for both power and low
voltage requirements, security infrastructure, information technology (“ IT”) server room
equipment, telephones and any other IT infrastructure requirements, but specifically not IT
equipment such as computers, televisions , printers and public information monitors and
associated audiovisual equipment (collectively, the “Excluded IT Equipment”). For the
avoidance of any doubt, Extended Term Tenant Improvements constituting furniture or
equipment shall be the personal property of the District. Landlord agrees and
acknowledges that (i) a vendor approved by DGS-PSD shall be the required Subcontractor
for the District’s security requirements associated with the Extended Term Tenant
Improvements, and (ii) OCTO/DC-Net or its approved vendor may, at Landlord’s election,
be the Subcontractor for the IT requirements associated with the Extended Term Tenant
Improvements; provided that, in all events, OCTO/DC-Net and DGS-PSD will provide the
IT infrastructure and security standards and specifications , respectively, for the Extended
Term Tenant Improvements. Landlord and the District acknowledge and agree that,
notwithstanding the foregoing definition of Extended Term Tenant Improvements, the
District shall not be limited in the application of the Extended Term TI Allowance to such
items, but shall have the right to apply the Extended Term TI Allowance to other costs
relating to the build-out of the Premises pursuant to this Work Exhibit and the remainder
of this Lease, including without limitation, contractor and subcontractor wages in order to
ensure compliance with the DBA. Landlord shall Substantially Complete the Extended
Term Tenant Improvements substantially in accordance with the Final Plans and
Specifications and subject to the Cost Ceiling. In addition, all of the Extended Term Tenant
Improvements shall be performed by Landlord: (i) promptly and in a good workmanlike
manner; (ii) by duly qualified, licensed and bonded persons; (iii) in accordance with all
Laws and the provisions of this Lease; and (iv) once commenced, diligently pursued to
Substantial Completion, subject to the Cost Ceiling.

5. Plans and Specifications. The Design Phases are: (a) concept /space plan phase; (b)
schematics phase; (c) design development phase; (d) design construction documents phase;
and (e) furniture, fixture and equipment phase (each of the foregoing (a) through (e) being
a “Design Phase”). Landlord shall cause the Project Architect to prepare and deliver to
the District, for the District’s review and comment, two (2) printed sets of plans (and their
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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
related electronic files) containing, as applicable, the construction drawings, construction
notes, plans and specifications for each Design Phase of the Extended Term Tenant
Improvements, which may be set forth on, and in the order indicated on, the Project
Schedule (each set of construction drawings, construction notes, plans and specifications
for each Design Phase being the “Plans and Specifications” for such Design Phase).
Within 30 days of the District’s approval of the concept/ space plan, Landlord shall deliver
the Plans and Specifications for the “ schematics” Design Phase to the District. Landlord
shall ensure that the Plans and Specifications for each Design Phase of the Extended Term
Tenant Improvements shall be based upon, and shall incorporate and be consistent with,
the District Requirements, and the most recently approved Design Phase, as applicable.
Landlord shall cause the Project Architect to provide specifications in each Design Phase’s
Plans and Specifications for all power (including low voltage power), voice/data, audio-
visual, and security systems, together with the infrastructure and attendant equipment and
devices therefor, based on the District Requirements and the District’s program needs.
Landlord shall also cause the Project Architect to develop a signage plan and package with
the District that is based on the District Requirements and the District’s program needs.

6. Approval of Plans and Specifications. Within ten (10) Business Days of Landlord’s
delivery to the District of any initial (or resubmitted, if applicable) Plans and Specifications
for each Design Phase of the Extended Term Tenant Improvements (each a “ Response
Period”), the District shall notify Landlord of the District’s approval thereof or denial of
approval thereof (with any such denial specifying the District’s reasons for denying its
approval in reasonable detail) (each a “TI Approval Response” or “TI Denial Response,”
as the case may be). If the District gives Landlord a TI Denial Response, Landlord shall
cause the Project Architect to make any and all revisions necessary to the subject Plans and
Specifications to address each of the District’s reasons for denying approval thereof, and
resubmit revised Plans and Specifications for the District’s approval. In such case, within
10 Business Days of Landlord’s delivery to the District of such revised Plans and
Specifications, the District shall give Landlord a TI Approval Response or TI Denial
Response with respect thereto. Each time the District is presented with the Plans and
Specifications for each Design Phase, or with the Complete Plans and Specifications, shall
constitute a “TI Approval Round”. Following the District’s approval of the Plans and
Specifications for the final Design Phase, Landlord shall cause the Project Architect to
submit complete and unified Plans and Specifications for all Design Phases of the Extended
Term Tenant Improvements which incorporate the revised and approved Plans and
Specifications for each Design Phase (the “Complete Plans and Specifications ”), and
Landlord shall deliver to the District therewith the then current budget based on such
Complete Plans and Specifications. Within twenty ( 20) Business Days of Landlord’s
delivery to the District of the Complete Plans and Specifications (the “ Final Response
Period”), the District shall notify Landlord of the District’s approval thereof or the reasons
why such approval was withheld or is not granted (with any denial specifying the District’s
reasons in reasonable detail). Landlord shall cause the Project Architect to make any
revisions necessary to address the District’s comments on each Design Phase’s Plans and
Specifications or the Complete Plans and Specifications (as applicable), and resubmit the
same for the District’s approval. The time needed to effectuate any material change or
addition to the Plans and Specifications requested by the District between the “ design
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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
development phase” Design Phase and the “design construction documents phase” Design
Phase shall constitute District Delay (provided, however, the foregoing shall not apply to:
(i) the refinement of any existing design elements through the natural progression from the
“design development phase” Design Phase to the “d esign construction documents phase”
Design Phase; (ii) any change that is the requirement of Laws; or (iii) any change required
to address any errors, omissions or mistakes of Landlord, Contract or, or the Project
Architect). The revisions and resubmissions shall continue until the District gives its final
approval, or is deemed to have given final approval (as provided in Section 7 below) of
each Design Phase’s Plans and Specifications or of the Complete Plans and Specifications.
Such final approved (or deemed approved) Complete Plans and Specifications shall be the
“Final Plans and Specifications”. At the same time that Landlord delivers to the District
the Complete Plans and Specifications, Landlord shall deliver a proposed project schedule
(the “Proposed Project Schedule”). Within twenty ( 20) Business Days of Landlord’s
delivery to the District of the Proposed Project Schedule, the District shall notify Landlord
of the District’s approval thereof or the reasons why such approval is not granted (with any
denial specifying the District’s reasons in reasonable detail). Landlord shall make any
revisions necessary to address the District’s comments on the Proposed Project Schedule,
and resubmit the same for the District’s approval. The revisions and resubmissions shall
continue until the District approves the Proposed Project Schedule. Such final approved
Proposed Project Schedule shall be the “ Project Schedule”. The District will not
unreasonably withhold, condition or delay its approval of the Proposed Project Schedule
or any aspects of any Design Phase’s Plans and Specifications (or of the Complete Plans
and Specifications) for the Extended Term Tenant Improvements which are consistent
with, and in accordance with, the District Requirements.

7. Deemed Approval of Plans and Specifications. In the event that the District has not
responded to Landlord within a Response Period or the Final Response Period, as
applicable, then Landlord shall have the right to deliver a notice to the District containing
the following language in at least 16 point, bold font and capital letters: “THIS NOTICE
IS BEING DELIVERED PURSUANT TO THAT CERTAIN SIXTH AMENDMENT
TO IN -LEASE AGREEMENT WITH A SIXTH AMENDMENT EFFECTIVE
DATE OF _________ ___, 20___ PERTAINING TO YOUR LEASE FOR
PREMISES AT 2235 SHANNON PLACE, SE IN WASHINGTON, DC. IF THE
DISTRICT FAILS TO PROVIDE TO LANDLORD WRITTEN APPROVAL OR
REASONABLE DETAILS FOR ITS OBJECTIONS TO THE [PLANS AND
SPECIFICATIONS/COMPLETE PLANS AND SPECIFICATIONS ] DELIVERED
TO THE DISTRICT ON _____________, 20 __, FOR WORK TO BE DONE AT THE
PREMISES WITHIN 10 BUSINESS DAYS OF THE DISTRICT’S RECEIPT OF
THIS NOTICE, THE DISTRICT WILL BE DEEMED TO HAVE APPROVED
SUCH PLANS AND SPECIFICATIONS(/COMPLETE PLANS AND
SPECIFICATIONS).” If the District fails to respond within such 10 Business Day period
after receipt of such notice from Landlord, then the District shall be deemed to have
approved such applicable Plans and Specifications or the Complete Plans and
Specifications. In the case of the Complete Plans and Specifications, they shall be deemed
to be the Final Plans and Specifications.

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8. Contractors.

(a) Landlord shall include the Project Schedule within any competitive request
for proposal, bid or similar issuance. Landlord shall solicit competitive general contractor
bids for the Extended Term Tenant Improvement work from at least three ( 3) general
contractors (the general contractor selected to perform such work being the “Contractor”).
Within fifteen (15) Business Days of having Final Plans and Specifications pursuant to
Sections 6 or 7 hereof, Landlord shall deliver to the District all of the general contractor
bid information received together with Landlord’s selection recommendation for the
District’s review. The general contractor recommended by Landlord shall be the most
responsive in terms of price and performance from among those general contractors that
submitted accurate and complete bid responses in accordance with all bid requirements and
instructions by Landlord. The District shall have three (3) Business Days to review such
information and either accept Landlord’s recommendation without comment or present the
District’s questions and comments to Landlord. If the District presents questions and
comments to Landlord, Landlord and the District shall discuss the same for one ( 1)
Business Day, provided that Landlord’s selection, after Landlord has acted in good faith in
reviewing and considering the District’s questions and comments, shall be final. Landlord
shall then notify such Contractor by the next Business Day of its selection. Landlord shall
cause Contractor to submit to Landlord (and to the District, upon request) actual costs for
any and all work associated with the Extended Term Tenant Improvements. The District
shall have the right to review any and all pricing for work associated with the Extended
Term Tenant Improvements and may elect to remove, modify or add to the Extended Term
Tenant Improvements. Any contractor engaged by Landlord or Contractor to (a) perform
Extended Term Tenant Improvement work not to be self -performed by the Contractor
(including but not limited to providing non-construction element goods and services); and
(b) provide any other goods and services that Landlord is obligated to provide under this
Work Exhibit shall be referred to herein as a “Subcontractor”. Such work that Landlord
and Contractor shall bid out to Subcontractors shall include, but not be limited to: (i) work
associated with the installation of HVAC, mechanical, electrical, and plumbing (and all
other work performed by the trades); (ii) non-construction related hard-costs (including but
not limited to furnishings, fixtures, and equipment); (iii) information technology and
security cabling and equipment; (iv) signage (if applicable); and (v) other non-construction
element goods and services. S uch work that Landlord and Contractor shall bid out shall
exclude any and all work to be performed by, and equipment to be provided by, OCTO/DC-
Net, if Landlord and Contractor elect for OCTO /DC-Net to be the Subcontractor for the
District’s information technology requirements. Landlord shall select the Subcontractor(s)
within 10 Business Days after its receipt of the last Subcontractor bid. Landlord shall
ensure that the construction contract for the Extended Term Tenant Improvements (the “TI
Construction Contract”) will be a guaranteed maximum price construction contract or a
fixed price construction contract. Landlord shall ensure that the Contractor and any
Subcontractors will construct the Extended Term Tenant Improvements, and otherwise
perform all work associated with the Extended Term Tenant Improvements and this Work
Exhibit, in compliance with the TI Construction Contract, the Final Plans and
Specifications for the Extended Term Tenant Improvements, this Work Exhibit, and Laws.

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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
(b) The total amount of the Cost Ceiling shall be subject to the requirements of
D.C. Code Section 2-218.46, as may be amended from time to time, regarding the use of
Small Business Enterprises and Certified Business Enterprises (as such are defined under
D.C. Code Section 2 -218.02); provided, however, that Landlord shall use reasonable
efforts to achieve a 50% SBE/CBE dollar volume participation (rather than the 35% dollar
volume participation set forth in D.C. Code Section 2- 218.46) and, provided further that
the District may reduce such dollar volume participation below 50% (but not below 35%)
if such reduction serves to reduce or prevent Excess Costs. In addition, the work performed
under this Work Exhibit shall be subject to the Davis-Bacon Act (40 U.S.C. §§ 3141-3148)
and Title 29 Code of Federal Regulations (attached hereto as “Schedule 3” and made a part
hereof), as each may be amended from time to time (the “DBA”). The DBA wage rates in
effect for Washington, D.C. as of the Sixth Amendment Effective Date (the “ Current
Wage Rates”) shall apply to such work. The DBA wage rates in effect for Washington,
D.C. as of May 15, 2026 are attached hereto as “Schedule 4” and made a part hereof. In
the event such attached DBA wage rates are amended or replaced as of the Sixth
Amendment Effective Date (for the avoidance of doubt, if the attached DBA wage rates
are amended or replaced by the Current Wage Rates), Landlord shall notify the District of
the same in writing and provide a copy of the Current Wage Rates to the District. At such
time as the Contractor is preparing its contract with Landlord and its subcontracts, Landlord
shall cause the Contractor to include the Current Wage Rates in its contract and
subcontracts. Landlord shall also cause the Contractor to comply with the regulations
implementing the DBA and such regulations shall be incorporated into the Contractor’s
contract, which in turn shall require the inclusion of such regulations in all
subcontracts. Landlord shall include or cause the inclusion of the Current Wage Rates and
regulations compliance requirements within any competitive request for proposal, bid or
similar issuance for contractors and subcontractors. The TI Construction Contract and all
subcontracts shall require compliance with the record keeping requirements of the DBA,
including keeping payroll records for at least 3 years from the date of completion of the TI
Construction C ontract. The foregoing requirements applicable to the Contractor’s
subcontractors and subcontracts shall apply to subcontractors and subcontracts of any tier
for work performed under this Work Exhibit.

(c) Landlord shall deliver or cause the Contractor to deliver by email to
PMDLeasePayrolls@dc.gov the following: (a) prior to the commencement of any work
under this Work Exhibit, a list of all general contractors and subcontractors to perform any
such work, and (b) a copy of each construction contract and subcontract within 5 Business
Days of execution thereof. In addition, on a weekly basis, Landlord shall deliver or cause
the Contractor to deliver by email to PMDLeasePayrolls@dc.gov the following: (i) a lis t
of the general contractors and subcontractors who have performed any work under this
Work Exhibit during the applicable one week period, and (ii) a certified payroll statement
for the applicable week from each general contractor and subcontractor on such list. Each
certified payroll statement shall be delivered in pdf format and the name of each pdf shall
identify the name of the contractor or subcontractor, the applicable week of the certified
payroll statement, the name of Landlord and the address of t he leased premises. All
references in this paragraph to subcontracts and subcontractors refer to all tiers of work
under this Work Exhibit. The District may exercise any rights and avail itself of any
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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
remedies available to it under the DBA and related acts in order to ensure compliance
therewith.

9. Extended Term Tenant Improvement Construction Costs . All costs of: (a) the
construction of the Extended Term Tenant Improvements, including the soft costs of all
space planning, architectural, and engineering work related thereto; (b) all governmental
authority approvals and permits required to construct the Extended Term Tenant
Improvements including any certificate(s) of occupancy; (c) all labor and materials and
other hard costs, including the Contractor’s fee and customary work related insurance for
construction of the Extended Term Tenant Improvements, and bond costs relating to the
Extended Term Tenant Improvements; and (d) the purchase and installation of the Tenant
Improvement requirements (including OCTO/DC -Net specified equipment, cabling,
wiring and security equipment that is based on DGS -PSD provided specifications) are
referred to herein as the “TI Construction Costs” (it being agreed that TI Construction
Costs may include such other costs as Landlord and District may agree) . The TI
Construction Costs shall include, as a component thereof, a project management fee to
Landlord equal to 3.5% of the total TI Construction Costs constituting “hard costs” (i.e.,
excluding any TI Construction Costs related to design, space planning, architectural work,
engineering work and other soft costs) for Landlord’s management and coordination of the
construction of the Extended Term Tenant Improvements (it being agreed by Landlord and
the District that no cost which is included in the “hard costs” shall be counted more than
once for purposes of calculating the project management fee). A copy of a detailed scope
of work for Landlord’s management and coordination of the construction of the Extended
Term Tenant Improvements is set forth on “Schedule 2”, attached hereto and made a part
hereof. Landlord agrees and acknowledges that if OCTO/DC-Net is the Subcontractor for
the IT requirements of the Extended Term Tenant Improvements , Landlord shall be
responsible for ordering any OCTO/DC -Net specified equipment, and acknowledges that
OCTO/DC-Net requires an “upfront” payment for OCTO/DC -Net’s purchase and
installation of such equipment.

10. Cost Ceiling; Budget. The “Cost Ceiling” means the Extended Term TI Allowance
plus the amount of all Excess Costs approved by the District under this Section 10 or
Section 12 below. Within thirty (30) Business Days of the District’s approval (or deemed
approval) of the Final Plans and Specifications for the Extended Term Tenant
Improvements, Landlord shall provide the District with a budget (the “Turnkey Budget”)
reflecting the cost of the Extended Term Tenant Improvements (the “Budget Costs ”)
(along with reasonable supporting documentation), including a calculation of the amount
by which the total Budget Costs exceeds the then Cost Ceiling (any amount exceeding the
then Cost Ceiling being an “Excess Cost”). If the Turnkey Budget reflects an Excess Cost,
the District shall within fifteen (15) Business Days after receipt of the Turnkey Budget (the
“District’s Response Period ”) either (a) deliver a written notice signed by the Director
agreeing to pay for the Excess Cost (such notice, an “Excess Cost Approval Notice”), the
delivery of which Excess Cost Approval Notice shall require the certification of the
availability of appropriated funds, or (b) submit to Landlord value engineering of the
Extended Term Tenant Improvements that, if implemented, the District anticipates would
result in a Turnkey Budget with no or reduced Excess Cost (the “District’s Value
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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
Engineering”). The District may elect to use a combination of the foregoing options to
apply against any Excess Costs, or reduce the Budget Costs to eliminate any potential
Excess Costs. An Excess Cost approved in an Excess Cost Approval Notice shall be
payable as Additional Rent in accordance with Section 16 below. Within ten (10) Business
Days of Landlord’s receipt of the District’s Value Engineering, Landlord shall prepare a
revised Turnkey Budget and submit the same, including the revised Budget Costs, to the
District. If applicable, Landlord shall direct the Project Architect to promptly revise the
Final Plans and Specifications in accordance with the District’s Value Engineering, which
revised Final Plans and Specifications shall be subject to the District’s approval, and upon
such approval the revised Final Plans and Specifications shall be deemed to be the Final
Plans and Specifications. The revisions to the Turnkey Budget pursuant to the foregoing
shall continue until the earlier of there being (i) a revised Turnkey Budget reflecting no
Excess Cost, or (ii) the District agreeing to pay the Excess Cost pursuant to the foregoing
provisions of this Section 10 , at which time the applicable Turnkey Budget shall be the
approved Turnkey Budget, and Landlord shall proceed with the work in accordance with
this Work Exhibit. Any Excess Cost Approval Notice for the payment of Excess Costs
must be signed by the Director. Any purported Excess Cost Approval Notice not in
compliance with the provisions of this Section shall be of no force or effect, the District
shall have no obligation to pay any costs related thereto, and Landlord shall be under no
obligation to proceed with any redesign or construction work that is the subject thereof.
Landlord acknowledges that if it proceeds with any such work prior to receipt of an Excess
Cost Approval Notice complying with the provisions of this Section, Landlord does so at
its sole and complete risk. The Turnkey Budget may include industry standard
contingencies for hard costs and soft costs, but Landlord shall not apply any contingency
funds towards any Budget Cost without the prior written approval (which may be an email)
of a Portfolio Manager.

11. Project Schedule. Subject to Force Majeure and District Delay, Landlord shall
design and construct the Extended Term Tenant Improvements in accordance with the
Project Schedule. Further, within ten ( 10) Business Days after Landlord’s receipt of the
construction permit(s), Landlord shall deliver to the District a revised construction
schedule pertaining to the Extended Term Tenant Improvements to update and replace the
Project Schedule.

12. Proposed Changes to the Final Plans and Specifications.

(a) Any changes to the Final Plans and Specifications desired by the District
shall be requested in writing (a “ District Proposed Change”) and shall be subject to
Landlord’s reasonable approval, which approval shall not be unreasonably withheld,
conditioned or delayed, except as otherwise provided below. Within ten (10) Business
Days of Landlord’s receipt of the District Proposed Change, Landlord shall notify the
District in writing (a “Landlord’s Notice”) of Landlord’s approval or disapproval of
the District Proposed Change (with any denial specifying Landlord’s objections in
reasonable detail). The Landlord’s Notice shall include the fixed amount of any cost
increase (the “Change Order Cost”) and whether the Change Order Cost will result in
an Excess Cost and/or any delay in Substantial Completion of the Extended Term
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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
Tenant Improvements that will result from the District’s requested changes to the Final
Plans and Specifications (the “Landlord Stated Delay”). If a Landlord’s Notice sets
forth a Change Order Cost including a Change Order Cost resulting in an Excess Cost,
within fifteen (15) Business Days after the District’s receipt of such Landlord’s Notice,
the District shall, as applicable, (i) approve or disapprove the Change Order Cost that
will not result in an Excess Cost, or (ii) approve or disapprove the Excess Cost (an
approval being set forth in an Excess Cost Approval Notice, pursuant to which the
District shall reimburse Landlord for the Excess Cost , subject to the terms of, and the
procedures contained in this Work Exhibit). If the District Proposed Change will cause
a delay in Substantial Completion pursuant to the Landlord Stated Delay, the Extended
Term TI Outside Delivery Date will be extended day- for-day for any actual delay
caused by the District Proposed Change, not to exceed the Landlord Stated Delay (such
delay being deemed to be a District Delay as set forth in Section 18 below). If the
District Proposed Change results in an Excess Cost, the Excess Cost Approval Notice
must be signed by the Director after the District has certified the availability of
appropriated funds for such purpose and the Excess Cost shall be paid in accordance
with Section 16 below. If the District Proposed Change results in a Change Order Cost
but not an Excess Cost, the Change Order Cost may be approved in a writing (including
an email) from the Director or a Portfolio Manager . If the District fails to prov ide an
Excess Cost Approval Notice before the end of said fifteen ( 15) Business Day period,
the District shall be deemed to have withdrawn its request for the District Proposed
Change. Notwithstanding the foregoing or anything to the contrary contained
elsewhere herein, a District Proposed Change shall be subject to Landlord’s prior
written approval, in Landlord’s reasonable discretion, if the work requested in the
District Proposed Change would: ( x) change the rentable area of the Premises, ( y)
materially affect the Base Building Conditions or Building Structures and Systems, or
(z) involve the exterior of the Building. The Parties acknowledge that Excess Costs in
the amount of approximately $4,000,000.00 may result under this Work Exhibit, which
Excess Costs would be paid in accordance with and subject to the terms of this Work
Exhibit.

(b) Any changes to the Final Plans and Specifications desired by Landlord
subsequent to the approval of such plans by both Parties (a “ Landlord Proposed
Change”) shall be requested in writing and subject to the District’s written approval,
in its sole and absolute discretion. Any delay in the date of Substantial Completion of
the Extended Term Tenant Improvements as a result of a Landlord Proposed Change
shall be deemed to be a Landlord Delay. Any costs related to or resulting from a
Landlord Proposed Change shall be at the sole cost and expense of Landlord.

(c) Notwithstanding anything contained in this Work Exhibit, including
Section 12(a) or (b), to the contrary, if a change to the Final Plans and Specifications
is required due to (i) a de minimis change as a result of a Change Order (i.e., a technical
requirement); or (ii) a change in applicable Laws (i.e., not an error or omission by
Landlord) (each such change a “Required Change”) then the Required Change shall
not require the District’s approval unless the Required Change (x) results in a change
in the rentable square footage of the Premises; (y) causes the TI Construction Costs to
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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
exceed the Cost Ceiling; or (z) results in a TI Construction Cost in excess of 0.10% of
the Extended Term TI Allowance.

13. Change Orders. Upon Landlord’s receipt of (a) an Excess Cost Approval Notice if
a District Proposed Change will result in Excess Cost, (b) the District’s approval of a
Change Order Cost not resulting in Excess Cost, or (c) the District’s approval of a Landlord
Proposed Change , the District Proposed Change or Landlord Proposed Change, as
applicable, shall be deemed a “Change Order”. If not otherwise performed under Section
12 above and if applicable, Landlord shall direct the Project Architect to promptly r evise
the Final Plans and Specifications in accordance with such Change Order and such revised
Final Plans and Specifications shall be subject to the District’s approval as provided above
in Section 6.

14. Unapproved Change Order Costs. Notwithstanding anything to the contrary in this
Work Exhibit, including Sections 12 and 13, if a District Proposed Change would result in
a Change Order Cost (whether or not creating an Excess Cost), Landlord shall be under no
obligation to proceed with any redesign or construction work required by the District
Proposed Change until Landlord has received the District’s written approval thereof
(including, if applicable, an Excess Cost Approval Notice) . Any Excess Cost Approval
Notice must be signed by the Director. Any Excess Cost Approval Notice not in
compliance with the provisions of this Section shall be of no force or effect, and Landlord
shall be under no obligation to proceed with any redesign or construction work required by
a District Proposed Change. Landlord acknowledges that if it proceeds with a District
Proposed Change prior to receipt of an Excess Cost Approval Notice in compliance with
the provisions of this Section, it does so at its sole and complete risk.

15. Finalized Change Orders . Upon approval by the District and Landlord of such
revised Final Plans and Specifications based on any Change Order (and only after
Landlord’s receipt of an Excess Cost Approval Notice, if applicable), Landlord shall direct
Contractor to promptly proceed with the work contemplated by such Change Order. If no
revisions to the Final Plans and Specifications are necessary as a result of a Change Order
(and only after Landlord’s receipt of an Excess Cost Approval Notice, if applicable),
Landlord shall direct Contractor to promptly proceed with the work contemplated by such
Change Order.

16. Final Accounting. Within thirty ( 30) days after Substantial Completion of the
Extended Term Tenant Improvements, Landlord shall deliver to the District the Extended
Term Declaration which shall include a final accounting of the TI Construction Costs (on
an open book basis) that sets forth a description of the Extended Term Tenant Improvement
work covered by all Change Orders, the actual final amount of Excess Costs and the final
TI Construction Costs (the “Final Accounting”). Any actual Excess Cost shall be paid as
Additional Rent in a lump sum by the District to Landlord with the next installment of
Annual Rental due (or that would be due but for the application of any abatement or rent
credit) after execution of the Extended Term Declaration. Notwithstanding the foregoing,
the District may elect to pay any Excess Cost or portion thereof prior to the execution of
the Extended Term Declaration, in its sole and absolute discretion, and any such payment
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shall be reflected in the Extended Term Declaration . If the TI Construction Costs have
exceeded the then Cost Ceiling but were not reflected as exceeding such Cost Ceiling on
any Turnkey Budget, revised Turnkey Budget or Landlord’s Notice, or if Landlord incurred
alleged Excess Costs without an Excess Cost Approval Notice as required hereunder, then
such costs shall not accrue against the Cost Ceiling, and the District shall have no obligation
to pay any such costs if above the Cost Ceiling. If pursuant t o the Final Accounting it is
determined that the Extended Term TI Allowance exceeds the TI Construction Costs, then
Landlord shall grant to the District such excess amount (consisting of the difference
between the Extended Term TI Allowance and the TI Construction Costs) as a rental
abatement of Annual Rental payable under the Lease, to be applied to the next successive
payment(s) of Annual Rental due and payable by the District under th e Lease (the
“Additional Landlord Credit”). The Additional Landlord Credit, if any, shall be set forth
on the Extended Term Declaration and shall be applied following the exhaustion of the
Landlord Credit. The Parties acknowledge that the execution of the Extended Term
Declaration by Landlord and the District is not required to authorize Landlord to proceed
with the Extended Term Tenant Improvements, and that the District intends the Excess
Cost Approval Notice to be an express representation to Landlord upon which Landlord
may reasonably rely.

17. Landlord Delay. A “ Landlord Delay” shall mean: (a) Landlord’s failure to
respond, notify or take any action otherwise required under this Work Exhibit within the
time periods set forth herein, or (b) any delay beyond the Extended Term TI Outside
Delivery Date in the Substantial Completion of the Extended Term Tenant Improvements
directly resulting or arising from or in connection with any (i) Landlord Proposed Change
or (ii) any negligence or willful misconduct by Landlord or any of its Agents. To the extent
any additional TI Construction Costs are incurred in connection with any delay in
Substantial Completion of the Extended Term Tenant Improvements resulting from a
Landlord Delay, such costs shall be Landlord’s sole responsibility and paid for by
Landlord.

The District shall notify Landlord in writing, which may be by email, of any purported
Landlord Delay specifying the nature and the length thereof within two (2) Business Days
after the District or any of the District’s Agents has knowledge of the existence of the
Landlord Delay, provided that no such notice from the District shall be required if Landlord
has knowledge of such Landlord Delay.

18. District Delay. A “District Delay” shall mean: (a) the District’s failure to respond,
notify or take any action otherwise required under this Work Exhibit within the time
periods set forth herein, (b) any material delay beyond the Extended Term TI Outside
Delivery Date in the Substantial Completion of the Extended Term Tenant Improvements
directly resulting or arising from or in connection with any District Negligence, ( c) any
material delay beyond the Extended Term TI Outside Delivery Date in the Substantial
Completion of the Extended Term Tenant Improvements directly resulting or arising from
or in connection with a District Proposed Change, provided such District Delay shall not
exceed the applicable Landlord Stated Delay, or (d) any deemed District Delay under this
Work Exhibit (including, but not limited to, any material delay in connection with Change
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Order Costs ). To the extent any additional costs are incurred in connection with any
material delay in Substantial Completion of the Extended Term Tenant Improvements
resulting from a District Delay, such costs shall be the District’s sole responsibility and
shall be deemed a Change Order Cost to be paid for by the District to Landlord, so long as,
and only if, such additional costs have been previously approved by the District in a n
Excess Cost Approval Notice, pursuant to the terms of this Work Exhibit. In the event that
the Extended Term Tenant Improvements are not Substantially Complete by, on, or before
the Extended Term TI Outside Delivery Date as a result of a District Delay, then the
Extended Term TI Outside Delivery Date shall be extended by one day for each day that
the Substantial Completion of the Extended Term Tenant Improvements is delayed beyond
the Extended Term TI Outside Delivery Date as a result of such District Delay.

Landlord shall notify the District in writing, which may be by email, of any purported
District Delay specifying the nature and the length thereof within two ( 2) Business Days
after Landlord or any of Landlord’s Agents has knowledge of the existence of the District
Delay, provided that no such notice from Landlord shall be required if the District has
knowledge of such District Delay.

19. Substantial Completion . The Extended Term Tenant Improvements shall be
deemed “Substantially Complete ”, “ Substantially Completed” or in a state of
“Substantial Completion” when both: (a) Contractor and Landlord have obtained all sign-
offs, inspections and approvals required by the District of Columbia (as a sovereign entity,
and not as a tenant under this Lease) and any other applicable governmental authorities for
the issuance of the certificate(s) of occupancy covering the Premises and have delivered
such certificate of occupancy to the District (issuance of a certificate of occupancy shall be
deemed to be conclusive evidence that Landlord and Contractor have obtained all required
sign-offs, inspections and approvals), and (b) the Project Architect has certified (on a
standard AIA Form) that the Extended Term Tenant Improvements have been completed
substantially in accordance with the Final Plans and Specifications , including the
placement of furniture and equipment (including but not limited to IT equipment), subject
to completion of punch list items that do not materially impair the ability of the District to
occupy or utilize the Premises for the Permitted Use under this Lease (the “Punch List”).
The Punch List will identify any Punch List items that may take longer than 30 days to
complete (a “Long Lead Item”) and shall set forth the number of days for completion. On
or prior to the date of Substantial Completion, the District together with Landlord (if it
elects) and Contractor shall make a final inspection of the Premises to ensure that the
Extended Term Tenant Improvements are Substantially Complete. At such time, Landlord
shall cause to be prepared a Punch List by the District, Landlord (if it elects) and
Contractor, and Landlord shall cause such Punch List to be delivered by the Project
Architect to Landlord and the District. The date of Substantial Completion shall be set
forth in Extended Term Declaration, and the Punch List shall be attached as a schedule
thereto. Landlord’s contract with Contractor shall: (i) provide that the Contractor shall use
commercially reasonable efforts to complete all Punch List items within thirty (30) days of
its receipt thereof (with the exception of any Long Lead Items), and (ii) contain a warranty
as to Latent Defects, which shall provide in substance that the Contractor shall promptly
commence and diligently proceed to correct any Latent Defects in the Extended Term
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Tenant Improvements upon receipt of the District’s written notice to Landlord of a Latent
Defect, provided such notice is delivered to Landlord within twelve ( 12) months after the
date of Substantial Completion of the Extended Term Tenant Improvements. As used
herein, the term “Latent Defect”, shall mean a defect in the construction of the Extended
Term Tenant Improvements that could not have reasonably been discovered prior to the
District taking possession of the Premises by a commercially reasonable ins pection of the
Premises performed by a reasonably prudent architect or engineer exercising a
professionally reasonable level of due diligence in such inspection. No later than thirty
(30) calendar days following Substantial Completion of the Extended Term Tenant
Improvements, Landlord shall deliver to the District at least one copy of any and all
manuals, booklets, specification sheets, and manufacturer’s warranty information that
accompanied any and all non-construction element items that are a part of the Extended
Term Tenant Improvements, and as -built plans for the Extended Term Tenant
Improvements. In the event any Punch List item remains incomplete or outstanding after
30 days of Contractor’s receipt of the Punch List, then for each month or partial month
following such 30 day period that any Punch List item remains incomplete or outstanding
(subject to Long Lead Items), the District shall be entitled to an abatement of five percent
(5%) of Annual Rental for such month, which shall be in addition to any other rent
abatement to which the District is entitled under the Lease or this Work Exhibit.

20. Director. The Parties acknowledge that the Director is the exclusive agen t for the
District to provide an Excess Cost Approval Notice to Landlord.

List of Schedules:
Schedule 1: Form of Extended Term Declaration
Schedule 2: Landlord’s Scope for Management of Extended Term Tenant
Improvements
Schedule 3: PM Services
Schedule 4: Title 29 Code of Federal Regulations
Schedule 5: Davis-Bacon Wage Rates

[SCHEDULES TO FOLLOW]
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SCHEDULE 1

Form of Extended Term Declaration

EXTENDED TERM DECLARATION OF DELIVERY AND FINAL
ACCOUNTING
THIS EXTENDED TERM DECLARATION OF DELIVERY AND FINAL
ACCOUNTING (this “Declaration”), made effective as of __________ ___, 20__ (the
“Declaration Effective Date”), is entered into by and between GEORGE T. CURTIS, III,
AS TRUSTEE OF 2235 SHANNON PLACE REVOCABLE TRUST (“Landlord”), and
the DISTRICT OF COLUMBIA , a municipal corporation, acting by and through its
Department of General Services (the “District”), pursuant to that certain Sixth Amendment
to In-Lease Agreement with a Sixth Amendment Effective Date of ________ __, 2026 (the
“Sixth Amendment ”) which amends that certain Award of In-Lease dated August 27,
2013 for premises located at 2235 Shannon Place, SE (as amended, the “Lease”).
Capitalized terms used, but not defined, herein shall have the meanings ascribed to
them in the Sixth Amendment. Landlord and the District do hereby agree and confirm that:
1. Landlord and the District agree that Landlord has Substantially Completed
the Extended Term Tenant Improvements in accordance with the Work
Exhibit on _________________, subject to any remaining Punch List items,
if any, set forth in “Schedule 1” attached hereto and made a part hereof
2. Landlord and the District agree on the Final Accounting of the TI
Construction Costs, a copy of which is set forth in “ Schedule 2” attached
hereto and made a part hereof.
3. The Extended Term TI Allowance is in the total amount of $________.
4. The total amount of the TI Construction Costs is $___________.
[SELECT FROM AND COMPLETE THE FOLLOWING, IF AND AS
APPLICABLE:]

5. The total amount of Excess Costs is $____________.
6. The District is entitled to a credit against Annual Rental under Section 7(d)
of the Sixth Amendment in the total amount of $_____.

7. The District has paid $_____ of Excess Costs prior to the Declaration
Effective Date as permitted under Section 16 of the Work Exhibit.
8. The District shall pay Excess Costs in the amount of $_____ as Addi tional
Rent in a lump sum to Landlord with the next installment of Annual Rental
due after the Declaration Effective Date.
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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
9. The Extended Term TI Allowance exceeds the TI Construction Costs by an
amount equal to $_____ which amount shall be deemed to be the Additional
Landlord Credit. Pursuant to the Work Exhibit, such amount is available to
the District as a rental abatement of Annual Rental payable under the Lease,
to be applied to the next successive payment(s) of Annual Rental due and
payable by the District under the Lease following the Declaration Effective
Date.

[TWO SIGNATURE PAGES AND SCHEDULES TO FOLLOW]
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IN WITNESS WHEREOF, Landlord and the District have caused their respective
duly authorized representative to execute and deliver this Declaration to be effective as of
the Declaration Effective Date.
L
ANDLORD:
__________________________

a _________________________
B
y: _____________________________
Name: _____________________________
Title: _____________________________
[DISTRICT’S SIGNATURE PAGE AND SCHEDULES TO FOLLOW]
EXECUTION VERSION
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DI
STRICT:
D
ISTRICT OF COLUMBIA,
a municipal corporation, acting by and
though its Department of General Services
B
y: _____________________________
Name: _____________________________
Title: _____________________________
A
pproved as to Legal Sufficiency for the District of Columbia by:
The Office of the General Counsel for the Department of General Services
B
y:______________________________
[Senior/Assistant] General Counsel
[
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EXECUTION VERSION
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SCHEDULE 1
(To Extended Term Declaration)
P
unch List
[
Attach]
EXECUTION VERSION
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SCHEDULE 2
(To Extended Term Declaration)
F
inal Accounting
[
Attach]
[
REMAINING SCHEDULES TO FOLLOW]
EXECUTION VERSION
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2235 Shannon Place, SE – S ixth Amendment to Award of In-Lease
SCHEDULE 2
L
andlord’s Scope for Management of Extended Term Tenant Improvements
3.1
Any inconsistency between this Schedule and the remainder of the Work
Exhibit shall be resolved in favor of the remainder of the Work Exhibit.
3.1 Basic Services:
Landlord shall perform day-to-day project management services for the tenant fit-out
design and construction. This management will include coordinating all efforts for the
Project Architect, the Contractor, and Subcontractors and e ngaging the District PM
to provide PM Services to and for the District, as set forth in Schedule 3 to the Work
Exhibit. This management will conclude with a closeout of all site activity and
project records for the Extended Term Tenant Improvements.
The following is a representative list of the basic services that Landlord shall perform.
They are general descriptions of services and are not intended to establish limits of
service. Landlord in its role as project manager shall perform management and
organization of all design and construction-related activities that may arise related to
the build-out of the Extended Term Tenant Improvements.
I. Communications and Set Up:
A. Meet with project team to establish project objectives, budget and schedule
parameters.
B. Establish progress meeting.
C. Set up project reporting:
1. Review fo rmats for weekly and monthly reports.
2. Establish d istribution list and delivery schedule.
D. Establish project team directory (and update as new members are added).
E. Establish baseline project schedule.
F. Establish baseline project budget:
1. Project h ard costs
2. Project s oft costs
3. Project FF& E
4. Other vendors
G. Review the Contractor’s safety and logistics plan.
EXECUTION VERSION
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H. Review the Contractor’s document and quality control plan.
II. Design, Permit, and Bid Phases:
A. Manage design process through the various design phases as set forth in the
Work Exhibit, permitting and bidding.
1. Each phase will typically include the following:
• Drawing review
• Budget review with preconstruction contractor
• User Review and incorporation
• Budget Check
• Provide cost management solutions (VE) as applicable
2. The permit phase principally involves securing the necessary building permits
with the authorities having jurisdiction.
• Complete application and submission process
• Manage reviewer comments and ensure design team is addressing
comments and reissuing drawings as applicable.
B. Manage Bid process to prepare for construction.
1. S
olicit contractors for bid as required
2. Evaluate bids
3.Select Contractor
4. Negotiate/Execute Landlord’s construction contract
III. Construction – Progress:
3.1
Upon commencement of construction, the parties anticipate tremendous
activity on-site, as well as in the construction trailer. From ground breaking to ribbon cutting,
Landlord shall maintain meticulously organized project records and communications.
A. Attend all progress meetings.
1. Review weekly agenda and ensure critical items are addressed.
2. Develop a nd maintain a task list, tracking open items and projected
completion dates.
3. Attend special progress or coordination meetings as requested.
B. Monitor progress and quality:
1. Walk site at least twice weekly and compare progress to the Contractor’s
contract schedule.
2. Communication with project team, vendors, or other required parties as
EXECUTION VERSION
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necessary.
3. Coordinate written communications.
4. Monitor progress against the schedule, document potential delays and work
with the Contractor on mitigation or catch up plan.
5. Prepare electronic monthly progress report to include an executive summary,
budget and schedule updates, and copies of reporting documentation issue the
previous month.
C. Monitor submittals, requests for information, and change order logs. Coordinate
submittal review process to ensure no delays or unnecessary scope increases.
D. Coordinate the Contractor's work with other vendors related to the Project.
E. Review and process the Contractor’ s monthly application for payment and certify
that invoices are valid to enable funding source to disburse payment.
F. Assist the Contractor in securing final occupancy certificates.
IV. Invoice Processing / Financial Controls:
3.1
Landlord acknowledges that it shall play the key role in ensuring that the
project has organized financial records and that processing of payments is accurate and
timely.
A. Establish vendor files for all consultants, vendors, and contractors for the project.
B. R
eview each invoice or application for consistency with contract requirements and
the actual work put in place.
C. T
rack cost spent to date and projected costs against the approved master budget.
Coordinate w ith DGS to develop the form and contents of master budget.
D. C
oordinate, as necessary, with debt and equity partners to ensure that payment
review and approval process meets their requirements.
E. E
nsure all required lien waivers, insurance certificates and other documentation are
received w ith each application for payment.
F. C
reate change order / cost log tracking the submission, review and
approval/rejection of change orders.
V. Project Close-Out:
A. Attend punch list inspection and create a report to track outstanding items.
B. I
dentify process to expedite punch list completion with contractors and vendors.
EXECUTION VERSION
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C. R
eview Substantial Completion and final completion submissions.
D. P
erform final cost accounting.
1. Verify final payments.
2. Obtain final lien releases.
3. Finalize all outstanding change orders.
4. Verify contract and lease obligations have been met.
E. C
onduct final audit of general conditions expenditures.
F. C
oordinate turn-over to the District of all operating and maintenance manuals
including as -bui
lt drawings and warranties and any other project completion
documentation.
G. W
orking with the Contractor, ensure all punch list items are completed in a timely
way.
[
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EXECUTION VERSION
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SCHEDULE 3
P
M Services
L
andlord shall engage the District PM to provide project management services (“PM
Services”) to and for the District in connection with the performance and completion of
the Extended Term Extended Term Tenant Improvements work pursuant and subject to
the Work Exhibit. The contract between Landlord and the District PM shall include the
following provisions:
S
cope of Work
1. T
he District PM shall, at all times, take direction only from District personnel, as
identified by the District, and act for the benefit of the District.
2. T
he PM Services shall be provided from the pre-construction stage through
Substantial Completion and the post-construction stage, and shall include, without
limitation, the coordination, management and oversight of all pre-construction,
on-site construction and post-construction activities.
3. T
he District PM acknowledges and agrees that Landlord’s performance and
completion of the Extended Term Tenant Improvements work shall be pursuant
and subject to the Lease, including the Work Exhibit and the attachments thereto,
including the project schedule and budget.
4. T
he District PM(s) shall provide the PM Services to the District on a 50% time
basis.
5. T
he District PM shall perform and provide, as applicable, the following:
a. Work under the direction and supervision of District personnel, as
identified by the District;
b. Provide regular, written status and incident reports to the District and, as
required, the District agency to occupy the Premises (the “District
Agency Occupant”);
c. Inform the District and the District Agency Occupant of the progress of
Extended Term Tenant Improvement work and any project activities that
may impact the District;
EXECUTION VERSION
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d. Ensure timely processing of, and responses to, Work Exhibit
documentation and other project documentation as it relates to District
responsibilities;
e. Maintain and update the project schedule, and track milestone activity
against the then-current project schedule (using Microsoft Project);
f. Review all Extended Term Tenant Improvement-related invoices and
prepare same for District execution;
g. Assist the District with District Agency Occupant requests and other
project inquiries;
h. Attend regular project progress meetings, and coordinate with Landlord’s
Contractor so that it prepares and distributes meeting minutes for such
meetings within seventy-two (72) hours of meeting end time;
i. Provide digital photo documentation to support the information provided
to the District and/or the District Agency Occupant;
j. Advise the District on all known potential scope and cost changes as the
result of existing conditions or complications; and
k. Perform other standard project management duties, such as:
i. document control and records keeping;
ii. utilities coordination;
iii. spot check review of building materials for compliance with Lease
and Work Exhibit requirements (Contractor is required to ensure
building material compliance);
iv. coordinate with Landlord and Contractor to confirm all installation
and construction work adheres to Lease and Work Exhibit
requirements;
v. review and interpret drawings, specifications and shop drawings;
and
vi. advise the District of any specialized construction required to
install systems or sub-components.
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6. In addition to the above, the District PM shall also ensure that the full scope of
standard construction management functions are duly executed, including,
without limitation, the following:
a. Review and validate all Extended Term Tenant Improvement invoices and
provide recommendations to the District as to the same;
b. Resolve technical and/or procedural conflicts and keep the District
informed so that the District may provide directives;
c. Coordinate with Contractor to confirm it maintain logs of all clarifications
requested by Landlord’s Contractors and Subcontractors;
d. Provide written notifications to Landlord’s Project Architect requesting
design clarification and discussing delays that may be caused;
e. Respond in an expeditious manner to situations or occurrences which
warrant a change order;
f. Provide written recommendations to the District as to all change orders,
including all costs and potential impacts on the project schedule. Suggest
alternatives which may be more beneficial to the District, with respect to
both cost and project schedule. Support all recommendations with cost
and scheduling data which are in accordance with the Lease and Work
Exhibit requirements and reconcile with the applicable budget. Prepare a
written cost estimate, provide technical assistance during negotiations, and
prepare appropriate documentation for approval of the District;
g. Coordinate with Architect so that it maintains a current lists of observed
construction/installation defects, omissions and subsequent corrections.
Confirm additional reviews before construction work proceeds where
defects may be covered by ensuing work, provide follow-up, management,
and resolution of defect and omissions lists so that project delivery date
for Substantial Completion Date is achieved;
h. Monitor the Contractor’s compliance with labor and safety standards and
advise of any non-compliance issues;
i. Provide regular progress photos. Photographs shall be labeled with the
name of the building, the scope item or area name, and the date taken.
These photos shall be provided via email as requested by the District,
compiled onto one (1) CD-ROM per site and delivered to the District upon
Substantial Completion;
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2235 Shannon Place, SE – Sixth Amendment to Award of In-Lease
j. Review the Contractor’s development of its detailed construction
schedule. Such schedule shall use the critical path method, shall be the
schedule by which the Extended Term Tenant Improvements will be
sequenced, and shall be used as the basis for measuring progress of the
construction;
k. Review and reconcile the Extended Term Tenant Improvements budget
for each of the activities included in the project schedule and make
recommendations to the District for the District’s approval. Monitor the
project using the then-current budget;
l. Review the progress of construction with the Contractor, observe work in
place and properly stored materials on a regular basis, and evaluate the
percentage complete of each construction activity as indicated in the
project schedule;
m. Coordinate with Contractor so that it prepares project schedule updates for
the District. These will include proper evaluation of the actual progress as
observed. Assign schedule activities percentage-complete values in
conjunction with the Contractor. Reflect in the schedule actual progress as
compared to scheduled progress noting variances (if any);
n. For change orders, evaluate the Contractor’s proposed cost and make
recommendations to the District regarding the same. In the event of major
scope changes, prepare an estimate, if required, for such change in scope
in a format for approval by the District. District PM will endeavor to
provide estimates within twenty-four (24) hours of District request. The
District PM may be directed to negotiate change orders with Landlord or
the Contractor on behalf of the District;
o. Prepare accurate and detailed written records of progress during all stages
of the project and prepare progress reports in the format and frequency
required by the District; provide or approve formats for periodic monthly
reports, status reports, etc.; maintain a monthly report of all events which
affect, or may be expected to affect, project progress; submit monthly
reports to the District on the status of the Extended Term Tenant
Improvements, including updated copies of all Contractor logs maintained
at the site for change orders, claims, submittals, etc.; and make reports
available to the District at all times and turn over to the District an
electronic file upon Substantial Completion;
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p. Confirm Substantial Completion with the Contractor and provide the
required documentation to the District; develop a work list with the
Contractor before recommending inspection for occupancy;
q. Advise the District if the Premises is Substantially Complete and ready for
inspection for occupancy. During the inspection with the District and the
District Agency Occupant, coordinate with Architect so that it prepares a
comprehensive punch list, and coordinate required inspections. Transmit
the punch list to Landlord and the Contractor for implementation and
provide a copy to the District. Monitor the corrective work and coordinate
with the Architect so that it signs off each deficiency as it is corrected.
Provide all documentation required for final budget approval, Declaration
of Delivery and close-out;
r. Coordinate the delivery of the completed Premises to the District Agency
Occupant, ensuring that equipment and system testing and start-up take
place. Organize equipment start-up seminars and training with the
Contractor and facility personnel and supervise start-up testing and
balancing of all equipment and systems and assure that the Contractor’s
obligation to provide this training is fulfilled; and
s. Provide all personnel, equipment and supplies necessary to fulfill the
requirements set forth in this Schedule 3.
[
REMAINING SCHEDULES FOLLOW]
EXECUTION VERSION
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SCHEDULE 4
Tit
le 29 Code of Federal Regulations
[Sep
arately paginated]
[LAS
T SCHEDULE TO FOLLOW]
§ 5.5 Contract provisions and related matters., 29 C.F.R. § 5.5
© 2026 Thomson Reuters. No claim to original U.S. Government Works. 1
Code of Federal Regulations
Title 29. Labor
Subtitle A. Office of the Secretary of Labor
Part 5. Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction
(Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours
and Safety Standards Act)
(Refs & Annos)
Subpart A. Davis–Bacon and Related Acts Provisions and Procedures (Refs & Annos)
29 C.F.R. § 5.5
§ 5.5 Contract provisions and related matters.
Effective: January 15, 2025
Currentness
(a) Required contract clauses. The Agency head will cause or require the contracting officer to require the contracting officer to
insert in full, or (for contracts covered by the Federal Acquisition Regulation (48 CFR chapter 1)) by reference, in any contract
in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating,
of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance
with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a
loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor
standards provisions of any of the laws referenced by § 5.1, the following clauses (or any modifications thereof to meet the
particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor):
(1) Minimum wages—
(i) Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise
working in construction or development of the project under a development statute), will be paid unconditionally and not
less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions
as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount
of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates
not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers
and mechanics. As provided in paragraphs (d) and (e) of this section, the appropriate wage determinations are effective by
operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated
for bona fide fringe benefits under the Davis–Bacon Act (40 U.S.C. 3141(2)(B)
) on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of this section; also,
regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans,
funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during
such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph
(a)(4) of this section. Laborers or mechanics performing work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records
accurately set forth the time spent in each classification in which work is performed.
The wage determination (including
any additional classifications and wage rates conformed under paragraph (a)(1)(iii) of this section) and the Davis–Bacon
§ 5.5 Contract provisions and related matters., 29 C.F.R. § 5.5
© 2026 Thomson Reuters. No claim to original U.S. Government Works. 2
poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent
and accessible place where it can be easily seen by the workers.
(ii) Frequently recurring classifications.
(A) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures
set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates
for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to
paragraph (a)(1)(iii) of this section, provided that:
(1) The work performed by the classification is not performed by a classification in the wage determination for
which a prevailing wage rate has been determined;
(2) The classification is used in the area by the construction industry; and
(3) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained
in the wage determination.
(B) The Administrator will establish wage rates for such classifications in accordance with paragraph (a)(1)(iii)(A)
(3) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit
rate listed on the wage determination for such classification.
(iii) Conformance.
(A) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed
in the wage determination and which is to be employed under the contract be classified in conformance with the wage
determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when
the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination; and
(2) The classification is used in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage
rates contained in the wage determination.
(B) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications
listed in the wage determination.
§ 5.5 Contract provisions and related matters., 29 C.F.R. § 5.5
© 2026 Thomson Reuters. No claim to original U.S. Government Works. 3
(C) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated
for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to
DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time is necessary.
(D) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated
for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov, refer
the questions, including the views of all interested parties and the recommendation of the contracting officer, to the
Administrator for determination. The Administrator, or an authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period
that additional time is necessary.
(E) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour
Division under paragraphs (a)(1)(iii)(C) and (D) of this section. The contractor must furnish a written copy of such
determination to each affected worker or it must be posted as a part of the wage determination. The wage rate
(including fringe benefits where appropriate) determined pursuant to paragraph (a)(1)(iii)(C) or (D) of this section
must be paid to all workers performing work in the classification under this contract from the first day on which work
is performed in the classification.
(iv) Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class
of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the
benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(v)
Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider
as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the
contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis–Bacon Act have
been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
(vi) Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required
to pay interest on any underpayment of wages.
(2) Withholding—
(i) Withholding requirements. The [write in name of Federal agency or the recipient of Federal assistance] may, upon its
own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to
be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy
the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including
interest, required by the clauses set forth in paragraph (a) of this section for violations of this contract, or to satisfy any such
§ 5.5 Contract provisions and related matters., 29 C.F.R. § 5.5
© 2026 Thomson Reuters. No claim to original U.S. Government Works. 4
liabilities required by any other Federal contract, or federally assisted contract subject to Davis–Bacon labor standards,
that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor
under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that
is subject to Davis–Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the
other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability
for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any
apprentice or helper working on the site of the work (or otherwise working in construction or development of the project
under a development statute) all or part of the wages required by the contract, or upon the contractor's failure to submit
the required records as discussed in paragraph (a)(3)(iv) of this section, the [Agency] may on its own initiative and after
written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
(ii)
Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph
(a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds by:
(A) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(B) A contracting agency for its reprocurement costs;
(C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a
contractor's bankruptcy estate;
(D) A contractor's assignee(s);
(E) A contractor's successor(s); or
(F) A claim asserted under the Prompt Payment Act,
31 U.S.C. 3901–3907.
(3) Records and certified payrolls—
(i) Basic record requirements—
(A) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor
and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site
of the work (or otherwise working in construction or development of the project under a development statute) for a
period of at least 3 years after all the work on the prime contract is completed.
(B)
Information required. Such records must contain the name; Social Security number; last known address, telephone
number, and email address of each such worker; each worker's correct classification(s) of work actually performed;
hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash
§ 5.5 Contract provisions and related matters., 29 C.F.R. § 5.5
© 2026 Thomson Reuters. No claim to original U.S. Government Works. 5
equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis–Bacon Act); daily and weekly number
of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(C) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph (a)(1)
(v) of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis–Bacon Act, the contractor
must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or
program is financially responsible, and that the plan or program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(D) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs
must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and
the ratios and wage rates prescribed in the applicable programs.
(ii) Certified payroll requirements—
(A) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in
which any DBA- or Related Acts-covered work is performed, certified payrolls to the [write in name of appropriate
Federal agency] if the agency is a party to the contract, but if the agency is not such a party, the contractor will
submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such
records, for transmission to the [write in name of agency]. The prime contractor is responsible for the submission of
all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors
to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid
electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access
the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and
the contracting agency or prime contractor permits other methods of submission in situations where the contractor is
unable or limited in its ability to use or access the electronic system.
(B) Information required. The certified payrolls submitted must set out accurately and completely all of the
information required to be maintained under paragraph (a)(3)(i)(B) of this section, except that full Social Security
numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly
transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker (e.g.,
the last four digits of the worker's Social Security number). The required weekly certified payroll information may
be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for
this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/
wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor
to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the
prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government
agency (or the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records).
(C)
Statement of Compliance. Each certified payroll submitted must be accompanied by a “Statement of Compliance,”
signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the
payment of the persons working on the contract, and must certify the following:
§ 5.5 Contract provisions and related matters., 29 C.F.R. § 5.5
© 2026 Thomson Reuters. No claim to original U.S. Government Works. 6
(1) That the certified payroll for the payroll period contains the information required to be provided under
paragraph (a)(3)(ii) of this section, the appropriate information and basic records are being maintained under
paragraph (a)(3)(i) of this section, and such information and records are correct and complete;
(2) That each laborer or mechanic (including each helper and apprentice) working on the contract during the
payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that
no deductions have been made either directly or indirectly from the full wages earned, other than permissible
deductions as set forth in 29 CFR part 3; and
(3)
That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash
equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination
incorporated into the contract.
(D) Use of Optional Form WH–347. The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance”
required by paragraph (a)(3)(ii)(C) of this section.
(E) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an
original handwritten signature or a legally valid electronic signature.
(F) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to
civil or criminal prosecution under
18 U.S.C. 1001 and 31 U.S.C. 3729.
(G) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during
the course of the work and for a period of 3 years after all the work on the prime contract is completed.
(iii) Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or
subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and
extensions.
The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the
course of the work and for a period of 3 years after all the work on the prime contract is completed.
(iv) Required disclosures and access—
(A) Required record disclosures and access to workers. The contractor or subcontractor must make the records
required under paragraphs (a)(3)(i) through (iii) of this section, and any other documents that the [write the name of
the agency] or the Department of Labor deems necessary to determine compliance with the labor standards provisions
of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized
representatives of the [write the name of the agency] or the Department of Labor, and must permit such representatives
to interview workers during working hours on the job.
§ 5.5 Contract provisions and related matters., 29 C.F.R. § 5.5
© 2026 Thomson Reuters. No claim to original U.S. Government Works. 7
(B) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor
fails to submit the required records or to make them available, or refuses to permit worker interviews during working
hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other
entity, as the case may be, that maintains such records or that employs such workers, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to
submit the required records upon request or to make such records available, or to permit worker interviews during
working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or
other person that fails to submit the required records or make those records available to WHD within the time WHD
requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding
under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take
into consideration a reasonable request from the contractor or person for an extension of the time for submission of
records. WHD will determine the reasonableness of the request and may consider, among other things, the location
of the records and the volume of production.
(C) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number
and last known address, telephone number, and email address of each covered worker, and must provide them upon
request to the [write in name of appropriate Federal agency] if the agency is a party to the contract, or to the Wage and
Hour Division of the Department of Labor. If the Federal agency is not such a party to the contract, the contractor,
subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone
number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may
be, that maintains such records, for transmission to the [write in name of agency], the contractor, or the Wage and
Hour Division of the Department of Labor for purposes of an investigation or other compliance action.
(4) Apprentices and equal employment opportunity—
(i) Apprentices—
(A) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform
when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with
the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a
State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but
who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform
in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State
Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will
no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until
an acceptable program is approved.
(B) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that
a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance
with that determination.
§ 5.5 Contract provisions and related matters., 29 C.F.R. § 5.5
© 2026 Thomson Reuters. No claim to original U.S. Government Works. 8
(C) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification
must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program
or the ratio applicable to the locality of the project pursuant to paragraph (a)(4)(i)(D) of this section. Any worker
listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph
(a)(4)(i)(A) of this section, must be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the job site in excess of
the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination
for the work actually performed.
(D) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality
other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the
journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be
observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified
in the contractor's registered program must be observed.
(ii) Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with
the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3,
which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in paragraphs
(a)(1) through (11) of this section, along with the applicable wage determination(s) and such other clauses or contract
modifications as the [write in the name of the Federal agency] may by appropriate instructions require, and a clause
requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime
contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses
in this section.
In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible
will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due
to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate.
(7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of
the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12
.
(8) Compliance with Davis–Bacon and Related Act requirements. All rulings and interpretations of the Davis–Bacon and
Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be
subject to the general disputes clause of this contract. Such disputes shall 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 contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
(10) Certification of eligibility.
§ 5.5 Contract provisions and related matters., 29 C.F.R. § 5.5
© 2026 Thomson Reuters. No claim to original U.S. Government Works. 9
(i) By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the
contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or §
5.12(a).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract
by virtue of
40 U.S.C. 3144(b) or § 5.12(a).
(iii) The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18
U.S.C. 1001.
(11) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist,
harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten,
restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
(i) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA,
Related Acts, this part, or 29 CFR part 1 or 3;
(ii) Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on
behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
(iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related
Acts, this part, or 29 CFR part 1 or 3; or
(iv) Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.
(b) Contract Work Hours and Safety Standards Act (CWHSSA). The Agency Head must cause or require the contracting officer
to insert the following clauses set forth in paragraphs (b)(1) through (5) of this section in full, or (for contracts covered by the
Federal Acquisition Regulation) by reference, in any contract in an amount in excess of $100,000 and subject to the overtime
provisions of the Contract Work Hours and Safety Standards Act. These clauses must be inserted in addition to the clauses
required by paragraph (a) of this section or 29 CFR 4.6. As used in this paragraph (b), the terms “laborers and mechanics”
include watchpersons and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek
in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked
in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid
§ 5.5 Contract provisions and related matters., 29 C.F.R. § 5.5
© 2026 Thomson Reuters. No claim to original U.S. Government Works. 10
wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to
the United States (in the case of work done under contract for the District of Columbia or a territory, to such District
or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph (b)(1)
of this section, in the sum of $33 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth
in paragraph (b)(1).
(3) Withholding for unpaid wages and liquidated damages—
(i) Withholding process. The [write in the name of the Federal agency or the recipient of Federal assistance] may, upon
its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or
cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to
satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest;
and liquidated damages required by the clauses set forth in this paragraph (b) on this contract, any other Federal contract
with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety
Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from
the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted
contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor,
regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy
the contractor liability for which the funds were withheld.
(ii)
Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph
(a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds by:
(A) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(B) A contracting agency for its reprocurement costs;
(C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a
contractor's bankruptcy estate;
(D) A contractor's assignee(s);
(E) A contractor's successor(s); or
(F) A claim asserted under the Prompt Payment Act,
31 U.S.C. 3901–3907.
(4) Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs (b)(1)
through (5) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in paragraphs (b)(1) through (5). In the event of any violations of these clauses, the prime contractor and any
§ 5.5 Contract provisions and related matters., 29 C.F.R. § 5.5
© 2026 Thomson Reuters. No claim to original U.S. Government Works. 11
subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of
the underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may
be subject to debarment, as appropriate.
(5) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist,
harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten,
restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
(i) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract
Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part;
(ii) Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on
behalf of themselves or others any right or protection under CWHSSA or this part;
(iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this
part; or
(iv) Informing any other person about their rights under CWHSSA or this part.
(c)
CWHSSA required records clause. In addition to the clauses contained in paragraph (b) of this section, in any contract subject
only to the Contract Work Hours and Safety Standards Act and not to any of the other laws referenced by § 5.1, the Agency
Head must cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor must maintain
regular payrolls and other basic records during the course of the work and must preserve them for a period of 3 years after all
the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the
contract. Such records must contain the name; last known address, telephone number, and email address; and social security
number of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid;
daily and weekly number of hours actually worked; deductions made; and actual wages paid. Further, the Agency Head must
cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under
this paragraph must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized
representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit
such representatives to interview workers during working hours on the job.
(d)
Incorporation of contract clauses and wage determinations by reference. Although agencies are required to insert the contract
clauses set forth in this section, along with appropriate wage determinations, in full into covered contracts, and contractors and
subcontractors are required to insert them in any lower-tier subcontracts, the incorporation by reference of the required contract
clauses and appropriate wage determinations will be given the same force and effect as if they were inserted in full text.
(e) Incorporation by operation of law. The contract clauses set forth in this section (or their equivalent under the Federal
Acquisition Regulation), along with the correct wage determinations, will be considered to be a part of every prime contract
required by the applicable statutes referenced by § 5.1 to include such clauses, and will be effective by operation of law,
whether or not they are included or incorporated by reference into such contract, unless the Administrator grants a variance,
tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage determinations are
§ 5.5 Contract provisions and related matters., 29 C.F.R. § 5.5
© 2026 Thomson Reuters. No claim to original U.S. Government Works. 12
effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in
wages in accordance with applicable law.
(The information collection, recordkeeping, and reporting requirements contained in the following paragraphs of this section
were approved by the Office of Management and Budget:
Paragraph OMB
Control No.
(a)(1)(ii)(B)..................................................................................................................................... 1235-0023
(a)(1)(ii)(C)..................................................................................................................................... 1235-0023
(a)(1)(iv)......................................................................................................................................... 1235-0023
(a)(3)(i)........................................................................................................................................... 1235-0023
(a)(3)(ii)(A).................................................................................................................................... 1235-0023
........................................................................................................................................................ 1235-0008
(c)................................................................................................................................................... 1235-0023
Credits
[29 FR 100, Jan. 4, 1964, as amended at 29 FR 13463, Sept. 30, 1964; 30 FR 13136, Oct. 15, 1965; 36 FR 19304, Oct. 2, 1971;
40 FR 30481, July 21, 1975; 41 FR 10063, March 9, 1976; 47 FR 145, Jan. 5, 1982; 51 FR 12265, April 9, 1986; 54 FR 4243,
Jan. 27, 1989; 55 FR 50150, Dec. 4, 1990; 57 FR 28776, June 26, 1992; 58 FR 58955, Nov. 5, 1993; 61 FR 40716, Aug. 5,
1996; 61 FR 68641, Dec. 30, 1996; 65 FR 69693, Nov. 20, 2000; 73 FR 77511, Dec. 19, 2008; 74 FR 2862, Jan. 16, 2009; 81
FR 43450, July 1, 2016; 82 FR 2225, 2226, Jan. 9, 2017; 83 FR 12, Jan. 2, 2018; 84 FR 218, Jan. 23, 2019; 87 FR 2334, Jan.
14, 2022; 88 FR 2215, Jan. 13, 2023; 88 FR 57734, Aug. 23, 2023; 89 FR 1815, Jan. 11, 2024; 90 FR 1859, Jan. 10, 2025]
SOURCE: 48 FR 19541 , April 29, 1983; 51 FR 12265 , April 9, 1986; 61 FR 40716, Aug. 5, 1996; 65 FR 80278, Dec. 20,
2000; 73 FR 77511 , Dec. 19, 2008; 81 FR 43450 , July 1, 2016; 88 FR 2215, Jan. 13, 2023; 88 FR 57731, Aug. 23, 2023,
unless otherwise noted.
AUTHORITY: 5 U.S.C. 301; Reorganization Plan No. 14 of 1950, 5 U.S.C. appendix; 28 U.S.C. 2461 note; 40 U.S.C. 3141
et seq.; 40 U.S.C. 3145; 40 U.S.C. 3148; 40 U.S.C. 3701 et seq.; Secretary's Order No. 01–2014, 79 FR 77527; and the laws
referenced by § 5.1(a).; 40 U.S.C. 276a–276a–7; 40 U.S.C. 276c; 40 U.S.C. 327–332; Reorganization Plan No. 14 of 1950, 5
U.S.C. Appendix; 5 U.S.C. 301; and the statutes listed in section 5.1(a) of this part.
Notes of Decisions (67)
Current through March 26, 2026, 91 FR 14653. Some sections may be more current. See credits for details.
End of Document © 2026 Thomson Reuters. No claim to original U.S. Government Works.
EXECUTION VERSION
P
age 46 of 46
2235 Shannon Place, SE – S ixth Amendment to Award of In-Lease
SCHEDULE 5
D
avis-Bacon Wage Rates
as of May 15, 2026
[Sep
arately paginated]
"GeneralDecisionNumber:0C20260002@1/16/2026
‘SupersededGeneralDecisionNumber:0C20250002
State:DistrictofColumbia
ConstructionType:Building
County:DistrictofColumbiaStatewide.
BUILDINGCONSTRUCTIONPROJECTS(doesnotincludesinglefamilyhomesor apartmentsupto andincluding4 stories).
ModificationNumber PublicationDate@ 01/02/20261 01/29/20262 01/16/2026
‘ASBEOO24-00710/01/2024
Rates Fringes
ASBESTOSWORKER/HEAT& FROSTINSULATOR. -+$40.77 20.1748
Includestheapplicationofallinsulatingmaterials,protectivecoverings,coatingsandfinishestoalltypesofmechanicalsystems
a.PAIDHOLIDAYS:NewYear'sDay,MartinLutherKingDay,MemorialDay,IndependenceDay,LaborDay,Veterans"Day,ThanksgivingDay,thedayafterThanksgivingandChristmasDayprovidedtheemployeeworkstheregularworkdaybeforeandafterthepaidholiday.
‘ASBEOO24-00810/01/2024

Rates Fringes
ASBESTOSWORKER:HAZARDOUSMATERIALHANDLER...+eessreeseeeee$24.46 10.19+a
Includespreparation,wetting,stripping,removal,scrapping,vacuuming,bagginganddisposingofallinsulationmaterials,whethertheycontainasbestosornot,frommechanicalsystems
a.PAIDHOLIDAYS:NewYear'sDay,MartinLutherKingDay,MemorialDay,IndependenceDay,LaborDay,Veterans"Day,ThanksgivingDay,thedayafterThanksgivingandChristmasDayprovidedtheemployeeworkstheregularworkdaybeforeandafterthepaidholiday.
ASBEQO24-01410/01/2024
Rates Fringes
FIRESTOPPER........ «$30.21 10.43¢a

Includestheapplicationofmaterialsordeviceswithinoraroundpenetrationsandopeningsinallratedwallorfloorassemblies,inordertopreventthepasageoffire,smokeofothergases.Theapplicationincludesallcomponentsinvolvedincreatingtheratedbarrieratperimeterslabedgesandexteriorcavities,theheadofgypsumboardorconcretewalls,jointsbetweenratedwallorfloorcomponents,sealingofpenetratingitemsandblankopenings.
‘a.PAIDHOLIDAYS:NewYear'sDay,MartinLutherKingDay,MemorialDay,IndependenceDay,LaborDay,Veterans"Day,ThanksgivingDay,thedayafterThanksgivingandChristmasDayprovidedtheemployeeworkstheregularworkdaybeforeandafterthepaidholiday.

BRDC@GG1-2204/27/2025
Rates Fringes
BRICKLAYER. -$38.80 15.17
CARP@197-@1105/01/2024

Rates Fringes
CARPENTER,IncludesDrywallHanging,FormWork,andSoftFloorLaying-Carpet. -$34.41 14.33
CARP@219-@0105/01/2025
Rates Fringes
MILLWRIGHT. -$39.50 17.32

CARPe474-00605/01/2024

Rates Fringes
PILEDRIVERMAN.......02es00eeee02+$36.60 14.47

* ELEC@@26-0166/02/2025
Rates Fringes
ELECTRICIAN,IncludesInstallationofHVAC/TemperatureControls........$59.50 23.06
ELEC@@26-@1709/01/2025

Rates Fringes
ELECTRICALINSTALLER(Sound& CommunicationSystems)... -$34.16 13.54

SCOPEOFWORK:Includeslowvoltageconstruction,installation,maintenanceandremovalofteledatafacilities(voice,dataandvideo)includingoutsideplant,telephoneanddatainsidewire,interconnect,terminalequipment,centraloffices,PABX,fiberopticcableandequipment,railroadcommunications,microwaves,VSAT,bypass,CATV,WAN(Wideareanetworks),LAN(Localareanetworks)andISDN(Integratedsystemsdigitalnetwork).
WORKEXCLUDED:Theinstallationofcomputersystemsinindustrialapplicationssuchasassemblylines,roboticsandcomputercontrollermanufacturingsystems.Theinstallationofconduitand/orracewaysshallbeinstalledbyInsideWiremen.On siteswherethereisnoInsideWiremanemployed,theTeledataTechnicianmayinstallracewayorconduitnotgreaterthan1@feet.Firealarmworkisexcludedonallnewconstructionsitesorwherever‘thefirealarmsystemisinstalledinconduit.AllHVACcontrolwork.

ELEVee10-20101/01/2025
Rates Fringes

++$57.16 38.435+aeb
‘a.PAIDHOLIDAYS:NewYear'sDay,MemorialDay,IndependenceDay,LaborDay,Veterans’Day,ThanksgivingDay,ChristmasDayandtheFridayafterThanksgiving.
b.VACATIONS:Employercontributes8%ofbasichourlyratefor5 yearsormoreofservice;6%ofbasichourlyratefor6 monthsto5 yearsofserviceasvacationpaycredit.
‘TRON@@05-00506/01/2024

Rates Fringes
TRONWORKER,STRUCTURALANDORNAMENTAL.
‘TRON@O5-01205/01/2024
-$37.86 25.86
Rates Fringes
TRONWORKER,REINFORCING.
LAB08011-00906/01/2025
-$31.88 23.78

Rates Fringes
LABORER:Skilled. «$30.47 8.70
FOOTNOTE:Potmen,powertooloperator,smallmachineoperator,signalmen,laserbeamoperator,waterproofer
(excludingroofing),opencaisson,testpit,underpinning,pierholeandditches,laggersandallworkassociatedwithlaggingthatisnotexpresslystated,strippers,operatorofhandderricks,vibratoroperators,pipelayers,ortilelayers,operatorsofjackhammers,pavingbreakers,spadersoranymachinethatdoesthesamegeneraltypeofwork,carpentertenders,scaffoldbuilders,operatorsoftowmasters,scootcretes,buggymobilesandothermachinesofsimilarcharacter,operatorsoftampersandranmersandothermachinesthatdothesamegeneraltypeofwork,whetherpoweredbyair,electricorgasoline,buildersoftrestlescaffoldsoveronetierhighandsandblasters,powerandchainsawoperatorsusedinclearing,installersofwellpoints,wagondrilloperators,acetyleneburnersandlicensedpowdermen,stakejunper,denolition.
MARBOOE2-00404/27/2025

Rates Fringes
MARBLE/STONEMASON......++-.+++0$45.65 21.21
INCLUDINGpointing,caulkingandcleaningofAlltypesofmasonry,brick,stoneandcementEXCEPTpointing,caulking,cleaningofexistingmasonry,brick,stoneandcement.(restorationwork)
MARBOO@3-00604/27/2025

Rates Fringes
‘TERRAZZOWORKER/SETTER.
MARBQ0@3-0074/27/2025
$34.34 14.20

Rates Fringes
‘TERRAZZOFINISHER..
MARBOO@3-00804/27/2025
-$28.85 12.55

Rates Fringes
TILESETTER.
MARBQ003-00904/27/2025
«$34.34 14.20

Rates Fringes
TILEFINISHER......0eeeeeeeeeeeee$28.85 12.55
"PAINGO51-01406/01/2025
Rates Fringes
GLAZIERGlazingContracts$2

millionandunder....... 14.46GlazingContractsover$2million. : -$36.65 14.46
PAING@51-@1506/01/2025

Rates Fringes
PAINTER
Brush,Roller,SprayandDrywallFinisher. «$29.16 11.86
PLAS@891-00507/01/2025

Rates Fringes
PLASTERER(IncludingFireproofing)......
PLAS@891-20603/01/2025
++$32.86 10.46
Rates Fringes
CEMENTMASON/CONCRETEFINISHER...$30.50 14.23
PLUM@@@5-21028/01/2025

Rates Fringes
PLUMBER. -$53.30 23.7148

‘a.PAIDHOLIDAYS:LaborDay,Veterans’Day,ThanksgivingDayandthedayafterThanksgiving,ChristmasDay,NewYear'sDay,MartinLutherKing’sBirthday,MemorialDayandtheFourthofJuly.
PLUM@602-00808/01/2025

Rates Fringes
PIPEFITTER,IncludesHVACPipeInstallation..........+++++-$55.00 24.4640
‘a.PAIDHOLIDAYS:NewYear'sDay,MartinLutherKing’sBirthday,MemorialDay,IndependenceDay,LaborDay,Veterans’Day,ThanksgivingDayandthedayafterThanksgivingandChristmasDay.
ROOF@@30-01607/01/2025

Rates Fringes
ROOFER,
SFDC@669-20201/01/2026
-$36.26 14.91

Rates Fringes
SPRINKLERFITTER(FireSprinklers)
SHEE@100-01511/01/2025
-$45.22 27.69

Rates Fringes
SHEETMETALWORKER(IncludingHVACDuctInstallation). seee$53.42 23.204a

a.PAIDHOLIDAYS:NewYear'sDay,MartinLutherKing'sBirthday,MemorialDay,IndependenceDay,LaborDay,VeteransDay,ThanksgivingDayandChristmasDay

‘SUDC2009-00305/19/2009
Rates Fringes
LABORER:CommonorGeneral......$13.04 2.80
LABORER:MasonTender-Cement/Concrete.......+seeeeeeeee$15.48 2.85
LABORER:MasonTenderfor
pointing,caulking,cleaningofexistingmasonry,brick,stoneandcementstructures(restorationwork);excludespointing,caulkingandcleaningofneworreplacementmasonry,brick,stoneandcement... -$11.67

POINTER,CAULKER,CLEANER,Includespointing,caulking,Cleaningofexistingmasonry,brick,stoneandcementstructures(restorationwork);excludespointing,caulking,cleaningofneworreplacementmasonry,brick,stoneorcement -$18.88
WELDERS- Receiverateprescribedforcraftperforming
operationtowhichweldingisincidental.

Note:ExecutiveOrder(£0)13706,EstablishingPaidSickLeaveforFederalContractorsappliestoallcontractssubjecttotheDavis-BaconActforwhichthecontractisawarded(andanysolicitationwasissued)onorafterJanuary1,2017.IfthiscontractiscoveredbytheEO,thecontractormustprovideemployeeswith1 hourofpaidsickleaveforevery30hourstheywork,upto 56hoursofpaidsickleaveeachyear.Employeesmustbepermittedtousepaidsickleavefortheirownillness,injuryorotherhealth-relatedneeds,includingpreventivecare;toassista familymember(orpersonwhoislikefamilytotheemployee)whoisill,injured,orhasotherhealth-relatedneeds,includingpreventivecare;orforreasonsresultingfrom,ortoassista familymember(orpersonwhoislikefamilytotheemployee)whoisa victimof,domesticviolence,sexualassault,orstalking.Additionalinformation‘oncontractorrequirementsandworkerprotectionsundertheEOisavailableathttps://www.dol.gov/agencies/whd/government-contracts.
Note:ExecutiveOrder13658generallyappliestocontractssubjecttotheDavis-BaconActthatwereawardedonorbetweenJanuary1,2615andJanuary29,2022,andthathavenotbeenrenewedorextendedonorafterJanuary30,2022.ExecutiveOrder13658doesnotapplytocontractssubjectonlytotheDavis-BaconRelatedActsregardlessofwhentheywereawarded.Ifa contractissubjecttoExecutiveOrder13658,thecontractormustpayallcoveredworkersatleast$13.30perhour(ortheapplicablewageratelistedonthiswagedetermination,ifitishigher)forallhoursspentperformingonthecontractin225. TheapplicableExecutiveOrderminimumwageratewillbeadjustedannually.AdditionalinformationoncontractorrequirementsandworkerprotectionsunderExecutiveOrder13658isavailableatww.dol.gov/whd/govcontracts.
Unlistedclassificationsneededforworknotincludedwithin‘thescopeoftheclassificationslistedmaybeaddedafterawardonlyasprovidedinthelaborstandardscontractclauses(29CFR5.5(a)(1)(4i4)).

Thebodyofeachwagedeterminationliststheclassificationsandwageratesthathavebeenfoundtobeprevailingforthe
type(s)ofconstructionandgeographicareacoveredbythewagedetermination.Theclassificationsarelistedinalphabeticalorderunderrateidentifiersindicatingwhethertheparticularrateisa unionrate(currentunionnegotiatedrate),a surveyrate,a weightedunionaveragerate,a stateadoptedrate,orasupplementalclassificationrate.
UnionRateIdentifiers
A four-letteridentifierbeginningwithcharactersotherthan"*su"",""UAVG"",?SA?,or ?SC?denotesthata unionratewasprevailingforthatclassificationinthesurvey.Example:PLUM@198-005@7/@1/2024.PLUMisanidentifieroftheunionwhosecollectivelybargainedrateprevailedinthesurveyforthisclassification,whichinthisexamplewouldbePlumbers.0198indicatesthelocalunionnumberordistrictcouncilnumberwhereapplicable,i.e.,PlumbersLocal0198.Thenextnumber,@@5intheexample,isaninternalnumberusedinprocessingthewagedetermination.Thedate,@7/01/224intheexample,istheeffectivedateofthemostcurrentnegotiatedrate.

UnionprevailingwageratesareupdatedtoreflectallchangesovertimethatarereportedtoWHDintheratesinthecollectivebargainingagreement(CBA)governingtheclassification.
UnionAverageRateIdentifiers
‘TheUAVGidentifierindicatesthatnosinglerateprevailedforthoseclassifications,butthat100%ofthedatareportedfortheclassificationsreflectedunionrates.EXAMPLE:UAVG-OH-@01001/01/2024.UAVGindicatesthattherateisaweightedunionaveragerate.OHindicatestheStateofOhio.Thenextnumber,@@1@intheexample,isaninternalnumberusedinproducingthewagedetermination.Thedate,01/01/2024intheexample,indicatesthedatethewagedeterminationwasupdatedtoreflectthemostcurrentunionaveragerate.
‘AUAVGratewillbeupdatedoncea year,usuallyinJanuary,toreflecta weightedaverageofthecurrentratesinthecollectivebargainingagreementsonwhichtherateisbased.
SurveyRateIdentifiers
The""SU""identifierindicatesthateithera singlenon-unionrateprevailed(asdefinedin29CFR1.2)forthisclassificationinthesurveyorthattheratewasderivedbycomputinga weightedaverageratebasedonalltherates
reportedinthesurveyforthatclassification.Asa weightedaveragerateincludesallratesreportedinthesurvey,itmayincludebothunionandnon-unionrates.Example:SUFL2022-0076/27/2024.SUindicatestherateisa singlenon-unionprevailingrateora weightedaverageofsurveydataforthatclassification.FLindicatestheStateofFlorida.2022istheyearofthesurveyonwhichtheseclassificationsandratesarebased.Thenextnumber,07 intheexample,isaninternalnumberusedinproducingthewagedetermination.Thedate,6/27/2024intheexample,indicatesthesurveycompletiondatefortheclassificationsandratesunderthatidentifier.
?SU?wageratestypicallyremainineffectuntila newsurveyisconducted.However,theWageandHourDivision(WHD)hasthediscretiontoupdatesuchratesunder29CFR1.6(c)(1).
StateAdoptedRateIdentifiers
The""SA""identifierindicatesthattheclassificationsandprevailingwageratessetbya state(orlocal)governmentwereadoptedunder29C.F.R1.3(g)-(h).Example:SAME2@23-0071/03/2024.SAreflectsthattheratesarestateadopted.MEreferstotheStateofMaine.2023istheyearduringwhichthestatecompletedthesurveyonwhichthelistedclassificationsandratesarebased.Thenextnumber,@07intheexample,isaninternalnumberusedinproducingthewagedetermination.Thedate,01/03/2024intheexample,reflectsthedateonwhichtheclassificationsandratesunderthe?SA?identifiertookeffectunderstatelawinthestatefromwhichtherateswereadopted.

WAGEDETERMINATIONAPPEALSPROCESS
1)Hastherebeenaninitialdecisioninthematter?Thiscanbe:
a)a surveyunderlyinga wagedeterminationb)anexistingpublishedwagedeterminationc)aninitialWHDlettersettingfortha positionona wagedeterminationmatterd)aninitialconformance(additionalclassificationandrate)determination
Onsurveyrelatedmatters,initialcontact,includingrequestsforsummariesofsurveys,shouldbedirectedtotheWHDBranchofWageSurveys.Requestscanbesubmittedviaemailtodavisbaconinfo@dol.govorbymailto:
BranchofWageSurveysWageandHourDivisionU.S.DepartmentofLabor208ConstitutionAvenue,N.W.Washington,DC20210
Regardinganyotherwagedeterminationmattersuchasconformancedecisions,requestsforinitialdecisionsshouldbedirectedtotheWHDBranchofConstructionWageDeterminations.RequestscanbesubmittedviaemailtoBCWD-Office@dol.govorbymailto:
BranchofConstructionWageDeterminationsWageandHourDivisionU.S.DepartmentofLabor208ConstitutionAvenue,N.W.Washington,DC20216
2)Ifaninitialdecisionhasbeenissued,thenanyinterestedparty(thoseaffectedbytheaction)thatdisagreeswiththedecisioncanrequestreviewandreconsiderationfromtheWageandHourAdministrator(See29CFRPart1.8and29CFRPart7).Requestsforreviewandreconsiderationcanbesubmittedviaemailtodba.reconsideration@dol.govorbymailto:
WageandHourAdministratorU.S.DepartmentofLabor200ConstitutionAvenue,N.W.Washington,DC20216
Therequestshouldbeaccompaniedbya fullstatementoftheinterestedparty'spositionandanyinformation(wagepaymentdata,projectdescription,areapracticematerial,etc.)thattherequestorconsidersrelevanttotheissue.
3)IfthedecisionoftheAdministratorisnotfavorable,aninterestedpartymayappealdirectlytotheAdministrativeReviewBoard(formerlytheWageAppealsBoard).Writeto:
AdministrativeReviewBoardU.S.DepartmentofLabor200ConstitutionAvenue,N.W.Washington,DC20216.

ENDOF GENERALDECISION"