USE OF SPACE IN CONTRACTOR-OWNED BUILDINGS

1. In accordance with subparagraph (b)(2) of Clause H.2, Laboratory Facilities, the Contractor shall provide space in Contractor-owned buildings in connection with the work under this contract. The Contractor shall be paid on a Laboratory fiscal year (October 1 through September 30 and hereinafter referred to as "fiscal year") basis by DOE an amount of $12.20 per square foot for actual space used in Gilman Hall, the Physics Building and other Laboratory type buildings, and $10.25 per square foot for actual space used in the Office and Laboratory Building and other office type buildings (hereinafter sometimes referred to as the "space rental rate") which amount shall be in lieu of rental for such use and occupancy. The "space rental rate" proposed by the contractor is in accordance with the current Office of Management and Budget Circular A-21, J.12 Depreciation and use allowance as incorporated by FAR Subpart 31.3 — Contracts with Educational Institutions.

2. The rate set forth in section 1 above includes physical plant services normally provided by the Contractor with respect to the use and occupancy of said space. Said rate includes (i) utilities, (ii) renovations or alteration, and (iii) maintenance of said space and the equipment and facilities therein and appurtenances thereof in good repair to adequately provide for the health and safety of Laboratory employees and other individuals.

  1. The rate set forth in 1 above shall apply to each year of the contract appropriately prorated for nine months during the first year of the contract (January 1, 2000 through

September 30, 2000) and three months at the end of the contract (October 1, 2004 through December 31, 2004).

4. The Contractor represents that the space rental charge provided in section 1 are no higher than the rates it charges to other self-supporting departments of the Contractor.

5. Space area shall be computed as the actual net area used directly in connection with the work under the contract. Space shall be measured in the clear, excluding space occupied by walls and partitions. Only space used for a specific and direct purpose in connection with the work under the contract shall be included in the actual net area computation, thereby excluding from the computation certain available space used for corridors, washrooms, building equipment areas and similar areas except when such space is for specific and exclusive use in connection with work under the contract. In those instances where space will be occupied for use by the Contractor in carrying on its own activities as well as in connection with the work under the contract, the space used in connection with the work under the contract shall be prorated on the basis of estimated time usage of space for work under the contract.

 

6. Prior to each fiscal year during the term of this contract, the Contractor shall submit to DOE for its approval a proposal of the estimated total square feet which the Contractor contemplates will be used in carrying on the work under the contract during the ensuing fiscal year. Upon DOE approval of the Contractor's proposal, provisional reimbursement, based upon the rates provided for in section 1, shall be made at the end of each month. Following the close of the fiscal year, the Contractor shall submit its request for reimbursement under this appendix in accordance with section 7., and prompt adjustment shall be made for any difference between the amount paid to the Contractor on a provisional basis and the actual amount due under this appendix.

7. Claims for reimbursement under the appendix will be presented promptly after the close of the fiscal year and shall be itemized to show actual space used by room or other identifiable location, net usable area of room, percentage of Contractor work use and time, actual net area used for the contract work, the use of the space, and the name of the Group Leader directing the particular phase of the work under the contract in each specific location. In addition, the Laboratory Director shall certify (i) to the accuracy of prorata distribution of space, (ii) that the space for which payment is requested under this appendix was required for performance of the work under contract, and (iii) that such space was actually used directly in connection with the work under the contract. The Contractor shall maintain adequate records to support any requests submitted for payment under this appendix.

8. The space occupied by the Government in Contractor-owned buildings is that space described in the annual Ames Laboratory-Iowa State University Space Utilization Report (Projected) and later verified by the annual Space Utilization Report (Actual).