Leasing Alert LA-19-07: Digital Signatures on Lease Contracts and Lease Amendments

Purpose

This Leasing Alert revises Leasing Alert LA-19-04, issued June 13, 2019, authorizing the use of GSA’s enterprise-wide Digital Signature Solution (DSS) tool (currently eSignLive/OneSpanSign) for digital signatures on lease contracts and lease amendments. This revision updates the guidance as follows:

1. Affirms that all parties must digitally sign document in order to validate signatures
2. Includes a reference to a new replacement DSS tool
3. Clarifies guidance on uploading documentation into G-REX.

Background

Under previous guidance issued under Leasing Desk Guide Chapter 2, New or Replacing Lease, digital signatures were allowed on most documents related to lease acquisition, except for the execution of lease contracts and lease amendments. This restriction was due to the fact that our contracts require both parties to initial all pages of a lease contract and that prior digital signature methods did not address this requirement. However, the enterprise-wide DSS tool (currently eSignLive/OneSpanSign) software does allow for this and, on May 11, 2018, the Office of Leasing introduced a DSS pilot for Automated Advanced Acquisition Program (AAAP) leases only. Based on the success of this pilot, the utilization of digital signatures is now authorized on all lease contracts and lease amendments when using an authorized GSA enterprise-wide DSS tool.

Effective Date

This Leasing Alert and attachment are effective immediately.

Cancellation

Leasing Alert – Digital Signatures issued via email on February Page 2 of 5 28, 2013 and Leasing Alert – Digital Signatures on Lease Contracts and Lease Amendments, issued June 13, 2019.

Applicability

This Leasing Alert applies for all General Services Administration (GSA) real property leasing activities. Agencies using GSA delegated leasing authority are not authorized to digitally execute lease contracts and amendments without prior approval from the GSA Office of Leasing.

Instructions and Procedures

Complete Digital Signature Solutions (DSS) instructions are outlined under Attachment 1 and will be posted on the GSA Office of Leasing Google Site, under the tab “References and Resources.”

Note that digital lease signature process must be documented in the lease file using the Evidence Summary generated by the application. The Evidence Summary records the email addresses and unique IP identifiers for all parties involved with the signature process (e.g., Lessor, witness, and Government), along with the time and date when the documents were signed and/or initialed by the parties. The digitally signed lease package and the Evidence Summary must be downloaded after the signing process is completed and uploaded to the project lease file in G-REX (instructions also outlined in Attachment 1).

Attachment 1 – Digital Signature Solutions (DSS) Instructions and Procedures for Executing Lease Contracts and Lease Amendments

Digital Signature Solutions (DSS) Instructions and Procedures for Executing Lease Contracts and Lease Amendments

DSS Users should build the lease package using DSS-specific instructions below for signature and initial blocks to format correctly. Instructions include considerations for existing documents that may be formatted differently than the newly updated templates.

The lease package should be combined into one PDF document using Adobe Pro DC before uploading to your e-Sign Live Package.

 Note that all of the steps below, with the exception of digitally signing the documents, may be performed by someone other than a Lease Contracting Officer (LCO). Also, the Lessor does not require eSignLive/OneSpanSign software in order to use this application. 

All parties must digitally sign the document in order to produce the Evidence Summary, which is a necessary confirmation of signature validity.

Finally, please note that a new DSS tool, DocuSign, is expected to replace eSignLive/OneSpanSign on or about October 1, 2019. Updated instructions will be posted on the Office of Leasing Google site to reflect this and any future DSS tool, as necessary. 

1. Build your lease package in Adobe Acrobat Pro DC

   (Instructions here)

2. Click here to access your e-sign live account

   (https://sign.gsa.gov)

3. Click “Send new package”

   1. Enter Package Name (i.e. GSA Notice to Apparent Successful Offeror (Re: RLP XXXXXXX))
   2. Click ‘Show Shared’ and
      1. If you sending the package on behalf of the LCO, select ‘Lease Template (Package Owner is LS)’
      2. If you are the LCO sending the package, select ‘Lease Template (Package Owner is LCO)’
   3. Click ‘Advanced Settings’ and:
      1. Enter the lease transmittal text (below) into the ‘email message’
      2. Check the box which reads ‘Do not auto-complete the Package’
      3. Click ‘Create’

   Lease Transmittal Letter Text

   Dear Mr. /Ms. [Authorized Lessor Name]:

   After careful review of all offers relating to RLP No. XXXXXXX it has been determined that contemplating a lease at [Building Address] is in the best interest of the Government.

   The following digital package contains Lease # GS-XXP_LXXXXXXX for space located at [Building Address] for your review and execution.

   Please click the link contained in this email to digitally sign the lease contract (signatures must be witnessed) and digitally initial all pages no later than [DATE]. Following the lessor’s execution of the lease contract, the package will be routed to the witness for signature, and then to the GSA Lease Contracting Officer (LCO).

   Please be aware that this shall not be construed as a lease award. The agreement is not binding until execution by the General Services Administration.

   Upon execution and award, a copy will be returned to you for your records. No information about this Lease shall be released until after award.

   Should you require any further information regarding this action, you may contact [LCO Name] at ([Telephone Number]) or at ([Email Address]).

   Sincerely,

4. Define lessor, witness, and government signers

   Note: You will need to collect email addresses and cell phone numbers for the Lessor and Witness in preparation for this step.

   1. Click the Gear Icon
   2. Change ‘Signer Type’ to ‘Someone I invite’
   3. Fill out email, first name, last name, title, and company fields
   4. Change the Authentication Method to SMS in the Authentication tab, and provide a cell phone number for each signer
   5. Review Change Signer Option for the Witness

5. Upload lease document

   Note: The lease document and all attachments to the lease requiring initials should be consolidated into one PDF document.

   1. Click ‘Add Document’
   2. Select the lease document
   3. Click ‘Open’

6. Apply the signature overlay template

   A Warning dialogue may appear - please ignore

   1. Click the title of uploaded document to View
   2. Click ‘Apply Layout’
   3. Click ‘Show Shared’ and
      1. If you sending the package on behalf of the LCO, select ‘Lease Layout (Package Owner is LS)’
      2. If you are the LCO sending the package, select ‘Lease Layout (Package Owner is LCO)’
   4. Click Apply
   5. Review the Package and move any signature blocks where necessary

7. Send the document

   1. Click the green ‘Send’ button
   2. Click ‘OK’ to confirm
   3. Once sent, contact the lessor and witness to confirm receipt, walk them through the process, and troubleshoot any issues.

8. Complete the package

   Once the lease package has been signed by the Lessor, Witness, and LCO, the LCO will have an opportunity to review lease one last time. When ready to transmit the lease to all signatories, the owner of the digital package can click the ‘Complete Package’ link – this will route the executed lease to the Lessor, Witness, and LCO as an attached zip file.

   The owner of the digital package will also download the fully executed lease document and evidence summary from the DSS tool and upload to the lease file in G-REX. In order to prevent confusion, the Lease and associated Evidence Summary should be uploaded against the Lease – Executed as a zip file and not as a separate document; similarly, Evidence Summary(ies) for Lease Amendments should be uploaded against their respective Lease Amendment as a zip file and not as separate documents.