CBCA 8555

GRANTED: February 19, 2026 CBCA 8555 GIP INDIANAPOLIS, LLC, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Diana Parks and Hadeel N. Masseoud of Curran Legal Services Group, Inc., Marietta, GA, counsel for Appellant. Jennifer S. Scott, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges ZISCHKAU and NEWSOM. ZISCHKAU, Board Judge. Appellant, GIP Indianapolis, LLC (GIP), appeals the decision of respondent, General Services Administration (GSA), denying GIP’s claim for reimbursement of amounts withheld from rent payments. GIP elected disposition of this appeal under the accelerated procedure in Board Rule 53, 48 CFR 6101.53 (2024), and the parties agreed to resolve the appeal on the written record under Board Rule 19. GSA argues that it properly recalculated the monthly rent payments based on an analysis of the annual consumer price index (CPI) and the timing of the calculations for the base operating rent. GIP argues that GSA’s recalculation ignores the plain terms of the bilateral lease amendments which specified the CBCA 8555 2 actual amount of the base operating rent. We agree with GIP and conclude that GSA must reimburse GIP for the amount of the rent it withheld plus applicable interest. Background The parties submitted into the record a joint statement of stipulated facts (JSSF), which forms the basis for our findings in this matter. GIP and GSA entered into lease number GS 05B-LIN17060/GS-05B17060 (the lease) concerning the property located on Lakeside Boulevard in Indianapolis, Indiana, on August 1, 2002. JSSF ¶ 1. Paragraph 12 of the base lease states that operating cost adjustments would be computed based on a base rate of $3.10 per rentable square foot (RSF). Id. ¶ 2. Section 3.4 of the Solicitation for Offers (SFO), which was made a part of the lease, governs the calculation of adjusted rent for changes in operating costs, stating that: The amount of adjustment will be determined by multiplying the base rate by the percent of change in the Cost of Living Index. The percent change will be computed by comparing the index figure published in the month of the lease commencement date with the index figure published in the month which begins each successive 12-month period. Id. ¶ 3. Section 3.5 states that “[t]he base for the operating costs adjustment will be established during negotiations based upon [American National Standards Institute (ANSI)/Building Owners and Managers Association (BOMA)] Office Area square feet.” Id. ¶ 4. The original ten-year lease was extended through various lease amendments. Lease amendment 14 was executed on September 26, 2018, reflecting a reduction in leased space and amending paragraph 12 of the lease, stating: Paragraph 12 of the lease is hereby amended by deleting the existing text in its entirety and replacing it with the following in lieu thereof: 12. For the purposes of computing future operating cost adjustments in accordance with the section entitled ‘OPERATING COSTS, (SEP 2000),’ it is mutually agreed that effective November 1, 2018, the base rent from which future adjustments shall be made is $5.50 per rentable square foot. No operating cost adjustment shall be made on November 1, 2018; the next time an operating cost adjustment shall be completed is on November 1, 2019. Id. ¶ 5. CBCA 8555 3 Lease amendment 17, which was executed on January 23, 2023, slightly reduced the RSF; specified adjusted operating costs of $366,168.15; specified adjusted annual rent of $1,104,976.15; and specified an operating cost base of $5.50 per RSF by stating: OPERATING COST BASE FOR PURPOSES OF ADJUSTMENT REMAINS $5.50 per RSF. THE OPERATING COST BASE WILL CONTINUE TO BE ADJUSTED IN ACCORDANCE WITH SFO PARAGRAPH 3.4 OPERATING COSTS (SEP 2000) OF THE LEASE. JSSF ¶ 6. Lease amendment 18, which was executed on August 31, 2023, specified adjusted operating costs of $366,168.15, and specified an operating cost base of $5.50 per RSF by stating: OPERATING COST BASE FOR PURPOSES OF ADJUSTMENT REMAINS $5.50 per RSF.