SOW for Ice Skating Rink.doc

PROJECT NAME

PROJECT NUMBER

SECTION B – SUPPLIES OR SERVICES AND PRICE/COST

B.1

TYPE OF CONTRACT

The Gallery anticipates awarding a firm fixed price purchase order.

B.2

PRICING/COST

The Offeror’s proposal must include all cost associated with this requirement. The firm fixed-price total amount for this requirement is $____________________.

SECTION C – DESCRIPTIONS/SPECIFICATIONS/WORK STATEMENT

The Contractor shall perform the following work:

1. Provide all materials, equipment and labor to set on the Sculpture Garden Ice

Skating Rink the following items:

a. Skate Rental Pavilion crates

b. Zamboni Machine enclosure crates

c. Aluminum Ramp pallets and crates

d. Zamboni Machine @ 6,800 pounds empty weight (heaviest item on list)

e. Fork Lift

f. Ice melt gates and metal plate (2 ea)

2. Provide and set temporary steps over the existing fountain weir

3. Cover all granite pavers with ¾ inch construction grade plywood and then a top over of plastic sheeting the entire width of the walk-way from the 7th Street curb to the edge of the Sculpture Garden Fountain prior to the crane being placed for lifting. Refer to the attached site plan reflecting the areas to be covered by hash markings.

4. Remove all plywood and plastic sheeting once the crane has been removed from the Sculpture Garden after all materials have been placed within the fountain area (temporary ice skate rink)

5. This work is expected to occur within a sixteen hour time frame (two consecutive eight hour days) on two separate occurrences

a. 1st occurrence (ice rink set up) October 20, 2008 and November 3, 2008

b. 2nd occurrence (ice rink tear down) March 2009 (exact dates to be established and coordinated through the identified Contracting Officer’s Technical Representative (COTR)

The COTR assigned to this task will coordinate with the contractor the dates crane services is required.

SECTION D – PACKAGING AND MARKING

TBD

SECTION E – INSPECTION AND ACCEPTANCE

E.1

NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with FAR 52.252-2 “CLAUSES INCORPORATED BY REFERENCE” (FEB 1998) in Section I of this contract. This contract incorporates one or more FAR clauses by reference, with the same force and effect as if they were administered in full text. Upon request, the CO will make the FAR clauses available in full text. Also, the full text of a FAR clause may be accessed electronically at this/these website(s): http://www.arnet.gov (End of clause)

E.2

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

The Contract shall comply with the following FAR clauses:

SECTION F – DELIVERIES OR PERFORMANCE

F.1

PERIOD OF PERFORMANCE

The Contractor will provide the required services between the periods of October 1, 2008 to March 30, 2009. The COTR assigned to this task will coordinate with the contractor the dates crane services is required.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1

CONTRACT MANAGEMENT

The following individuals will have designated authority for the Gallery during the performance of the contract:

G.1.1

CONTRACTING OFFICER (CO)

The CO shall effect all contract administration. Communications pertaining to contract administration matters. No changes in or deviations from this contract are authorized unless directed in writing by the CO.

The CO is the only person authorized to make or approve any changes in any of the requirements of the contract and notwithstanding any provisions contained elsewhere in this contract. The said authority remains solely with the CO. The CO is authorized to appoint a Contract Specialist to perform administrative contracting functions for this contract. In the event the Contractor makes any changes at the direction of any person other than the CO, the change shall be considered to have been made without the authority of the CO or the Gallery and no adjustment shall be made in the contract price to cover any increase in costs incurred as a result thereof. The CO is also responsible for making the final decisions on matters under dispute, unsatisfactory performance, as well as contract terminations for convenience or default.

Henrietta Brox-Campbell is hereby designated as the CO. The CO may be changed at any time by the Gallery without prior notice to the Contractor, but notification of the change, including the name and address of the successor CO, shall be promptly provided to the Contractor in writing.

Henrietta V. Brox-Campbell

National Gallery of Art

Office of Procurement and Contracts (APC)

2000B South Club Drive

Landover, MD 20785

Phone: (202) 842-6408

Fax: (202) 312-2792

E-mail: h-brox@nga.gov G.1.2

PURCHASING AGENT (PA)

Debra Young-Leak is hereby designated as the PA. The PA may be changed at any time by the Gallery without prior notice to the Contractor, but notification of the change, including the name and address of the successor PA, shall be promptly provided to the Contractor in writing.

Debra Young-Leak

National Gallery of Art

Office of Procurement and Contracts (APC)

2000B South Club Drive

Landover, MD 20785

Phone: (202) 842-6457 Fax: (202) 312-2792

E-mail: d-young-leak@nga.gov G.1.3

CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

The COTR shall be designated on authority by the CO to monitor all technical aspects and assist in the administration of this contract. A copy of the COTR’s letter of designation shall be issued to the COTR with a copy furnished to the Contractor, stating the responsibilities and limitations of the COTR. This letter shall clarify, to all parties of the contract, the responsibilities of the COTR. The duties of the COTR include but are not limited to: assuring the Contractor’s compliance with the technical requirements, performing or arranging necessary inspections in connection with the technical performance, maintaining both written and oral communications with the Contractor, notifying the Contractor and the CO of any deficiencies observed, monitoring the Contractor’s overall performance, and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

The COTR does NOT have the authority to alter the Contractor’s obligations, direct changes that fall within purview of the General Provisions clause entitled “Changes”, or modify any of the expressed terms, conditions, specifications, or cost under this contract. If because of technical discussions it is desirable to alter/change contractual obligations within the Scope of the Work, the CO shall issue such changes in writing.

Roland Martin is hereby designated as the COTR. The COTR may be changed at any time by the Government without prior notice to the Contract, but notification of the change, including the name and address of the successor COTR, shall be promptly provided to the Contractor in writing.

Location:

4th Street & Constitution Ave., NW

Washington, DC 20004

Mailing Address:

2000B South Club Drive

Landover, MD 20785

Phone:

202-842-6148 E-Mail:

.r-martin@nga.gov G.2

CORRESPONDENCE

All non-technical correspondence shall be prepared in accordance with Section D and addressed to the CO. All technical correspondence shall be prepared in accordance with Section D and submitted to the COTR.

G.3

SUBMISSION OF INVOICES

All invoices shall include the contract number and be sent to:

William Burns National Gallery of Art

Facilities Management (AFM)

2000B South Club Drive

Landover, MD 20785

The Contractor shall submit proper invoices on a monthly basis for any work performed during the month being invoiced. To constitute a proper invoice, each invoice submitted shall include the following information and/or attached documentation:

(1) Name and address of the Contractor;

(2) Invoice date and number;

(3) Contract number

(4) Description, price, and quantity of services/supplies actually rendered/delivered;

(5) Delivery date or Period of performance covered by the invoice;

(6) Payment Terms;

(7) Name and address of the Contractor’s official to whom payment is to be sent. The “Remit To” address must correspond to the remittance address in the contract

(8) Name, title, phone number, and mailing address of contact person to be notified in the event of a defective invoice;

(9) Other substantiating information or documentation as required by the contract, including Pre and Post Inspection Forms; and

(10) The following statement on the first page of each original invoice:

COTR’s CERTIFICATION

I certify to the best of my knowledge and belief that the services/supplies shown on the invoice have been performed/delivered and are accepted.

COTR Signature

Date

G.4

PAYMENTS

Payment shall be made by:

Treasurer’s Office (TGA)

National Gallery of Art

2000B South Club Drive

Landover, MD 20785

G.5

NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with FAR 52.252-2 “CLAUSES INCORPORATED BY REFERENCE” (FEB 1998) in Section I of this contract. This contract incorporates one or more FAR clauses by reference, with the same force and effect as if they were administered in full text. Upon request, the CO will make the FAR clauses available in full text. Also, the full text of a FAR clause may be accessed electronically at this/these website(s): http://www.arnet.gov (End of clause)

G.6

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

The Contract shall comply with the following FAR clauses:

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1

NATIONAL GALLERY OF ART REQUIRED INSURANCE

(a) Contractor's Liability Insurance

(1) The Contractor shall purchase and maintain in companies properly licensed to do business in the location where work is being performed under this contract and acceptable to the NGA such insurance as will protect the contractor and the NGA from claims set forth below which may arise out of or result from the contractor's operations under the contract, whether such operations be by the contractor or by any subcontractor, any supplier, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.

(i) Workman's Compensation: Claims under worker's or workmen's compensation, disability benefit and other similar employee benefit acts. The contractor will require his subcontractors to similarly provide workmen's compensation insurance for all of the latter's employees;

(ii) Bodily Injury: Claims for damages because of bodily injury, sickness or disease or death of his employees;

(iii) Comprehensive General Liability:

(A) Claims for damages because of bodily injury, sickness or death of any persons other than his employees;

(B) Claims for damages insured by personal injury liability coverage, which are sustained (1) by any person as a result of an occurrence directly or indirectly related to the employment of such person by the contractor, or (2) by any other person;

(iv) Property Damage: Claims for damages, other than to the work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; and

(v) Comprehensive Automobile Liability: Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle.

(vi) Professional Liability: Claims for damages because of errors or omissions caused by Contractor's negligence in the performance of its duties under this agreement.

(2) The insurance required under this clause shall be primary and noncontributing to any insurance possessed or procured by the NGA and limits of liability shall be not less than those set forth in this clause.

(3) The insurance required by this clause shall include contractual liability insurance applicable to the contractor's obligations under the contract as to working conditions.

(4) Without limiting the above during the term of the contract, the contractor shall, at his own expense, purchase and maintain the following insurance:

(i) Workman's Compensation insurance or equivalent workman's compensation coverage, as required or prescribed by law, with minimum employer liability limit of at least $100,000.00 for accidental bodily injury or death, or for occupational disease.

(ii) Comprehensive General Liability insurance for bodily injury with limits of not less than $100,000.00 for each person and $100,000.00 for each accident.

(iii) Property Damage insurance with a limit of not less than $500,000.00 for each accident.

(iv) Comprehensive Automobile Liability insurance for bodily injury liability insurance with limits of not less than $200,000.00 for each person and $500,000.00 for each accident, and property damage liability insurance, with a limit of not less than $20,000.00 for each accident.

(v) Employer’s Liability insurance of at least $100,000 for each accident.

(vi) Professional Liability insurance with a limit of not less than $1,000,000.00 for each incident.

H.2

NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with FAR 52.252-2 “CLAUSES INCORPORATED BY REFERENCE” (FEB 1998) in Section I of this contract. This contract incorporates one or more FAR clauses by reference, with the same force and effect as if they were administered in full text. Upon request, the CO will make the FAR clauses available in full text. Also, the full text of a FAR clause may be accessed electronically at this/these website(s): http://www.arnet.gov (End of clause)

H.3

PUBLIC USE OF THE NAME OF THE NATIONAL GALLERY OF ART

The Contractor shall not refer to the Gallery nor use the Gallery’s name for any reason whatsoever without the express prior written approval of the CO.

H.4

REGULATIONS AND GUIDANCE

The Contractor shall be responsible for adherence to all applicable standards, regulations, and rules. Failure to inspect the site or to obtain knowledge of the Gallery’s security rules and regulations including but not limited to, those contained or referenced herein shall not relieve the Contractor from performing the contracted work or complying with established security rules and regulations.

H.5

DAMAGE OR LOSS TO CONTRACTOR PROPERTY

The Gallery shall not be responsible in any way for damage or loss to the Contractor's property to include, but not be limited to, equipment, containers, vehicles, employees' personal belongings brought into the buildings or kept in or near the buildings, occasioned by fire, theft, accident or otherwise. The Contractor shall bear all expense at no additional cost to the Gallery for repair, maintenance, or replacement.

H.6

INDEMNIFICATION

H.8.1 The Contractor shall be responsible for all damage and expense to person(s) or property caused by its negligent acts and those of its subcontractors, agents or employees, in connection with the work and services performed under this contract. Contractor shall indemnify, hold harmless and defend the Gallery, its museums, bureaus, its Regents, officers, agents, employees and the U.S. Government from and against all claims, and liability (including judgments, settlements, statutory liability under Workers Compensation laws), and expenses (including attorneys fees) for any damages, expenses, acts and/or omissions of the Contractor, its agents, subcontractors or employees, related directly or indirectly to any aspect of this contract or performance of work hereunder, including claims and liability for injury to or death of any third party or of Contractor's, agents, subcontractors or employees.

H.8.2 Acceptance of the work and services by the Gallery shall not waive any of the rights of the Gallery or release the Contractor from any liability, responsibility or duty contained herein.

H.7

SMOKING RESTRICTIONS

No smoking is allowed within the Gallery property.

SECTION I – CONTRACT CLAUSES

I.1

NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with FAR 52.252-2 “CLAUSES INCORPORATED BY REFERENCE” (FEB 1998) in Section I of this contract. This contract incorporates one or more FAR clauses by reference, with the same force and effect as if they were administered in full text. Upon request, the CO will make the FAR clauses available in full text. Also, the full text of a FAR clause may be accessed electronically at this/these website(s): http://www.arnet.gov (End of clause)

I.2

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

The Contract shall comply with the following FAR clauses:

I.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JUNE 2008)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (SEPT 2007)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.219-3, Notice of Total HUBZone Set-Aside (JAN 1999) (15 U.S.C. 657a).

__ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (4) [Reserved]

__ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

__ (ii) Alternate I (OCT 1995) of 52.219-6.

__ (iii) Alternate II (MAR 2004) of 52.219-6.

__ (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

__ (ii) Alternate I (OCT 1995) of 52.219-7.

__ (iii) Alternate II (MAR 2004) of 52.219-7.

__ (7) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (8)(i) 52.219-9, Small Business Subcontracting Plan (SEPT 2007) (15 U.S.C. 637(d)(4).

__ (ii) Alternate I (OCT 2001) of 52.219-9.

__ (iii) Alternate II (OCT 2001) of 52.219-9.

__ (9) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

__ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEPT 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (JUNE 2003) of 52.219-23.

__ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (OCT 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (15U.S.C. 657 f).

__ (15) 52.219-28, Post Award Small Business Program Rerepresentation (JUNE 2007) (15 U.S.C. 632(a)(2)).

_X (16) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

__ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (AUG 2007) (E.O. 13126).

__ (18) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

_X (19) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

_X (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212).

_X_ (21) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

_X (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212).

__ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

__ (24)(i)52.222-50, Combating Trafficking in Persons (AUG 2007) (Applies to all contracts).

__ (ii) Alternate I (AUG 2007) of 52.222-50.

__ (25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (AUG 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).

__ (ii) Alternate I (AUG 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

__ (26) 52.225-1, Buy American Act—Supplies (JUNE 2003) (41 U.S.C. 10a-10d).

___(27)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (AUG 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

__ (ii) Alternate I (JAN 2004) of 52.225-3.

__ (iii) Alternate II (JAN 2004) of 52.225-3.

__ (28) 52.225-5, Trade Agreements (AUG 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (29) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (30) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (AUG 2006) (42 U.S.C. 5150).

__ (31) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (AUG 2006) (42 U.S.C. 5150).

__ (32) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (33) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X (34) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

__ (35) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

__ (36) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

_X (37) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (38)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this 52.2-40 contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X (1) 52.222-41, Service Contract Act of 1965, as Amended (July 2005) (41 U.S.C. 351, et seq.).

_X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (FEB 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.237-11, Accepting and Dispensing of $1 Coin (AUG 2007) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (JUNE 1998) (29

U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965, as Amended (JULY 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41

U.S.C. 351, et seq.).

(vii) 52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 7104(g)).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

I.4

52.232-18 AVAILABILITY OF FUNDS.

As prescribed in 32.705-1(a), insert the following clause:

Availability of Funds (Apr 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

SECTION J – LIST OF ATTACHMENTS

Attachment One

SECTION 01 3553 ‑ SECURITY PROCEDURES

PART 1 ‑ GENERAL

1.1

RELATED DOCUMENTS

A.

The Contract Documents are complementary. In the event of inconsistencies among the Contract Documents, contract clauses of the referenced Federal Acquisition Regulation (FAR) govern over the contract clauses of Division-01 Specification Sections of this Project.

1.2

REGULATIONS

A.

Background checks are required for all Contractor personnel working in the Gallery. Contractor's personnel working at the NGA are required to comply with the "Regulations Governing the National Gallery of Art Buildings and Grounds" as provided at the end of this Section.

B.

NGA’s Office of Protection Services (AOP) will perform a background check on each employee of the Contractor proposed to work in the NGA. Because of the NGA’s mission and the potential for risk in permitting access to secured areas, there is no guarantee that access badges will be issued to Contractor employees. NGA reserves the right to deny access to any specific employee of the Contractor at the NGA’s discretion, based on results of the required background checks. NGA also reserves the right to deny access to Gallery areas during times when the Gallery is closed and to deny access to non-public areas. NGA further reserves the right to revoke an issued ID badge. The Contractor agrees to accept the NGA’s determination regarding access and, by signing the Contract, waives any right to challenge the NGA’s decision to reject any specific employee of the Contractor.

C.

Failure to inspect the site or to obtain knowledge of the NGA's security rules and regulations including, but not limited to, those contained or referenced in this Specification shall not relieve the Contractor from performing the contracted Work or complying with NGA rules and regulations.

D.

All work restrictions required during construction activities included in this Section, and otherwise included in the Work, are subject to change when the Threat Advisory Level is raised above Code Yellow “Elevated” status by the Department of Homeland Security and adopted by the NGA. The COTR will advise the Contractor of additional work restrictions initiated by AOP should a change in the Threat Level Advisory occur.

1.3

USE OF PREMISES

A.

General: Limit use of the NGA premises to work in areas indicated. Do not disturb portions of the site beyond areas in which the Work is indicated.

1.

Limits: Confine construction operations to areas within Contract Limits indicated.

2.

The Contractor is required to submit a written request three (3) working days in advance to the COTR for work required in areas beyond the Contract Limits. Obtain the COTR's approval prior to initiating requested Work. Each written request must include hours, dates, intended work, and personnel required to perform the Work.

B.

Use of Existing Building: Maintain existing building in a weathertight condition throughout the construction period. Repair damage caused by construction operations. Protect building and its occupants during construction period.

1.

Temporary Doors and Hardware: Contractor to provide specified hardware for temporary doors. Security alarm devices will be provided and installed by NGA.

C.

Property Passes: Construction personnel entering NGA buildings with personal property, including construction-related tools, equipment and drawings, will be issued an NGA Property Pass signed by an NGA authorized representative. The Property Pass, or a previously issued memorandum from the COTR approved by AOP, will be required in order to exit the building with personal property.

1.

Contractor has the option to provide a lockable gang box for storing tools and equipment used daily on site. Coordinate the delivery and placement of the gang box with the COTR.

D.

Parking: Not available on the NGA premises on a daily basis. When the Contractor requires frequent access to a vehicle for equipment or materials, parking may be available on a case by case basis. The Contractor must submit a written request three (3) working days in advance to the COTR for each vehicle requesting a parking permit. The COTR will advise the Contractor of approval or disapproval by the NGA Parking Coordinator prior to the Contractor parking vehicles on the NGA premises. Each written request must include hours, date, model and year of vehicle, license number, any identification on vehicle (company name, logo, etc.), and personnel responsible for vehicle while parked on the NGA premises.

1.

The Contractor's access to the vehicle will be monitored by AOP and, if the use is observed as infrequent or non-essential, AOP will alert the COTR and instruct the Contractor to remove the vehicle.

2.

If approved and issued by the Parking Coordinator, NGA will issue only one (1) parking permit for a contracting firm and additional permits for their subcontractors on a case-by-case basis. No parking permit will be issued for a period in excess of two (2) consecutive days.

E.

Use of Loading Dock: When the Contractor requires the use of the Loading Dock, or other designated NGA location as determined by the COTR, to deliver materials and to remove construction debris, a three (3) work day advance written request to the COTR is required. Obtain the COTR's approval prior to using the loading dock. Each written request must include hours, dates, model and year of vehicle, license number, any identification on vehicle (company name, logo, etc.), and personnel responsible for vehicle while located at the NGA.

1.4

FIELD PERSONNEL

A.

Background Checks: Within fifteen (15) days of the Notice to Proceed and within seven (7) work days prior to commencement of work in any area of the building or grounds, the Contractor is to submit to the COTR completed security forms for each employee assigned to this Project. No employee will be granted access to the building or site until AOP has granted authorization.

1.

Transmit the following completed forms and information from each Contractor employee to the COTR:

a.

A “National Gallery of Art Authorization for Release of Information” form provided at the end of this Section.

b.

A clear, legible photocopy of an official U.S. Federal or State issued photo identification document issued to the employee.

2.

Submit information only for those individuals scheduled to work on site.

3.

Submit additional names when personnel not already on the list are proposed to work at the site no less than seven (7) work days prior to personnel reporting to the site.

4.

Should suitability issues be discovered which would preclude an individual from being granted access to the premises, AOP will advise the COTR who will notify the Contractor so that arrangements can be made for a replacement. The review time of any proposed replacement personnel will also require seven (7) work days to process.

5.

NGA issues two (2) types of access badges to Contractor employees. Permanent (limited NGA Access ID) badges and temporary (escort required) badges. Each type of badge has certain responsibilities and privileges. It is completely at the NGA’s discretion as to which type of badge is issued to the Contractor’s employees. Each employee must wear the badge in a visible manner at all times when on NGA property.

a.

A permanent badge permits unaccompanied access to most NGA areas. The permanent badge is issued for a stated period of time, and is held by the Contractor’s employee until the expiration date or the time when the NGA requests its return.

b.

The temporary badge is issued on a daily basis and must be returned to AOP when exiting the NGA. Employees with temporary badges must be escorted by either AOP or by a Contractor employee with a permanent badge (only as approved in advance by AOP) at all times when in the NGA during non-public hours and when in non-public areas.

6.

With the COTR and AOP’s approval, Contractor personnel may obtain a limited NGA Access ID badge (permanent) if the scope of Work requires the Contractor personnel to coordinate construction activities in multiple Project sites. A seven (7) work day advance written request should be submitted to the COTR along with the following completed form (in addition to those required above):

a.

NGA “ID Request and Access Form” available from the COTR, signed by the Department or Division head. Additionally, the COTR must annotate the time span for the badge, not to exceed one (1) year.

b.

Optional Form 306-0182 “Declaration for Federal Employment.”

B.

Escorts are required whenever Contractor employees are to work at the NGA during non-public hours, in non-public spaces, or as otherwise determined by AOP. Contractor must request escorts by written request to the COTR by the close of business on Wednesday of each week for work to be performed the following week. Escort requests shall include NGA’s project name and construction contract identification, Contractor name, field superintendent’s name, subcontractor name, crew size, basic work activities, work location(s), work days, and work hours for each crew.

1.

Contractor employees with an AOP assigned permanent badge may escort a maximum of six (6) construction employees while on the Project site or between the Project Site and the West Building Service Entrance by a building route approved by AOP.

C.

The designated point of building entry and exit for all personnel is the West Building Service Entrance, off Constitution Avenue, between 6th and 4th Streets. Refer to site plan sketch “West Building Service Entrance” at the end of this Section.

1.

All personnel are required to "sign-in" and "sign-out" each day in the NGA's official Contractor Log books, as directed by the AOP staff.

2.

Each individual not issued a permanent badge will be issued a “temporary” badge at the beginning of each day. This badge must be returned to AOP when "signing out" at the end of each day. Contractor's Field Supervisor will be responsible for lost or misplaced "temporary" badges; failure to report missing badges will delay personnel entering onto the NGA premises.

D.

The NGA's designated work hours for construction activities are between 6:00 a.m. and 6:00 p.m., Monday through Friday. The Contractor must submit a proposed eight (8) hour daily work period to the COTR and AOP for approval.

1.

Prior to the COTR's working hours (9:00 a.m. through 5:30 p.m.), notify AOP's Security Command Center (SCC) if construction personnel will arrive later than submitted.

2.

When Work is requested to be performed prior to or later than designated hours, the Contractor shall submit a written request five (5) working days in advance to the COTR for approval. Work during the NGA’s Exclusionary Access hours (12:30 a.m. to 5:30 a.m.) must be specifically approved by the Gallery Administrator. The Contractor must obtain the COTR's approval prior to initiating the requested Work. Each written request must include dates, time periods, and personnel required to perform the Work.

3.

The Contractor is responsible to immediately notify the COTR if any employees will be arriving later than scheduled. If the COTR cannot be contacted in person at the time of notification, the Contractor shall notify the SCC at (202) 842-6115 of the proposed late arrival. AOP maintains daily logs of escorts that have been scheduled and the names of Contractor employees scheduled to arrive.

4.

In the event that the Contractor has reason to assign additional employees to the Work on any particular day, the Contractor shall immediately notify the COTR to obtain approval for the substitution for that day only.

1.5

ELECTRONIC SECURITY AND DETECTION SYSTEMS

A.

Maintain existing security and detection systems indicated to remain in service and protect the systems against damage during demolition and construction activities. Do not interrupt, disconnect, remove, tamper with or cover any systems, except when authorized in writing by the COTR and AOP.

B.

Provide bypass connections as necessary and as directed by AOP staff, to maintain continuity of security systems to occupied areas of building. Obtain the COTR and AOP approval if a shutdown of a system is necessary during changeover.

C.

Any system wiring or device accidentally damaged or disturbed during construction activities must be reported to the SCC within five (5) minutes of occurrence or discovery, and to the COTR once the occurrence is under the NGA's control.

1.

The Contractor, COTR and interested NGA offices will meet to determine the scope of damage and costs, if any, attributable to the Contractor for the work required to restore the system to proper function.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 01 3553

Attachment Two

SECTION 01 3523 - NATIONAL GALLERY OF ART SAFETY REQUIREMENTS

PART 1 - GENERAL

1.1

RELATED DOCUMENTS

A.

The Contract Documents are complementary. In the event of inconsistencies among the Contract Documents, contract clauses of the referenced Federal Acquisition Regulation (FAR) govern over the contract clauses of Division-01 Specification Sections of this Project.

B.

Security procedures applicable to construction personnel working within NGA’s jurisdiction and use of facilities are specified in Division-01 Section “Security Procedures.”

1.2

SUMMARY

A.

This Section defines Gallery wide procedures where the Contractor shall provide and maintain work environments and procedures which will provide the following:

1.

Safeguard the public and NGA staff, property, materials, supplies, and equipment exposed to Contractor operations and activities.

2.

Avoid interruptions of NGA operations and delays in Project completion dates.

3.

Control costs in the performance of this Contract.

B.

When the CO or the CO’s delegated representative is notified of any noncompliance with requirements in this Specification or of any condition which poses a serious or imminent danger to the health or safety of the public or NGA staff and NGA property, the CO shall notify the Contractor orally, with written confirmation, and require immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s field representative, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the CO may issue an order stopping all or part of the Work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the Contract price or extension of the Contract performance on any stop work order issued under this directive.

C.

If the Contract involves work of a long duration or hazardous nature, or performance at the NGA facilities that on the advice of technical representatives involves hazardous materials or operations that might endanger the safety of the public and NGA staff or property, before commencing any field work, the Contractor shall provide the following:

1.

Submit a written proposal plan for implementing NGA’s safety requirements. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards.

2.

Meet with the COTR and AOP-RM to discuss and develop a mutual understanding relative to administration of the Project’s overall safety program.

1.3

REGULATIONS

A.

The Contractor shall comply with the submitted Project-specific safety and health plans, and with all applicable Federal and local safety, health and environmental regulations as governed by authorities having jurisdiction including, but not limited to, the following:

1.

Occupational Safety and Health Standards (OSHA) 29 CFR 1910 and 29 CFR 1926 (Safety and Health Regulations for Construction) per the Code of Federal Regulations (CFR).

2.

The US Environmental Protection Agency Standards 40 CFR (Protection of Environment).

3.

Applicable codes as developed by the International Code Council (ICC).

4.

American National Standards Institute (ANSI) and other industry standards applicable to the work practices in this Specification.

5.

National Fire Protection Association (NFPA) Standard 241 “Safeguarding Construction, Alteration, and Demolition Operations.”

6.

Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs) guidelines established by the American Conference of Governmental Industrial Hygienists (ACGIH).

B.

Failure to observe the site or to obtain knowledge of the NGA's safety rules and regulations including, but not limited to, those contained or referenced in this Specification shall not relieve the Contractor from performing the contracted Work or complying with NGA rules and regulations.

C.

NGA’s Office of Protection Services Risk Management (AOP-RM) is responsible for protection of the NGA’s staff, visitors, collections and facilities. AOP-RM serves as a resource for technical risk management issues, but all contractual matters must be referred to the Project’s Contracting Officer (CO) and Contracting Officer’s Technical Representative (COTR).

D.

During the performance of the Work under this Contract, the Contractor shall comply with procedures prescribed for control and safety of persons adjacent to and visiting the Project site. The Contractor is responsible for his personnel and for familiarizing each of his subcontractors with safety requirements. The Contractor shall advise the COTR and AOP-RM of any special safety restrictions he has established so that NGA staff can be notified of these restrictions.

1.4

SUBMITTALS

A.

Project-Specific Safety Plan: Submit a Project-specific Safety Plan (and a Corporate Safety Plan if not submitted) for review within fifteen (15) working days after the Notice to Proceed and prior to commencement of any construction activity at the Project site. This Safety Plan must detail how the Contractor will protect NGA facilities, collections, NGA staff and the general public. The Safety Plan shall contain, as a minimum, the following information:

1.

Assignment of required certified key personnel to the Project.

2.

Method for communicating health hazards to Contractor and designated NGA staff.

3.

Material Safety Data Sheets (MSDS) for all materials not addressed in other Sections of these Specifications.

4.

Evidence of compliance with specified laws and regulations.

5.

Statement that the Contractor will not invalidate the integrity of NGA’s safety systems without proper authorization from the NGA.

1.5

CONSTRUCTION RESTRICTIONS

A.

NGA’s occupied hours are as follows:

1.

Monday through Friday: 8:00 a.m. through 6:00 p.m.

2.

Saturday: 9:00 a.m. through 6:00 p.m.

3.

Sunday: 10:00 a.m. through 10:00 p.m.

4.

NGA sponsored special events may require additional time limitations. The exact working hours proposed by the Contractor must be coordinated with and approved by the COTR.

B.

Material Management: Delivery of construction materials and removal of construction debris through public spaces shall be performed before 10:00 a.m. and after 5:00 p.m., and shall also be coordinated with scheduled special events outside of public hours. Coordinate the proposed delivery of materials and the removal of materials or debris with the COTR in writing three (3) working days in advance for approval.

1.

Contractor shall remove existing materials where required as indicated in the Contract Documents and shall not damage NGA property. Any NGA property that needs to be relocated but is not addressed in the Contract Documents shall be handled only by NGA staff unless other written directions are provided by the COTR.

2.

The Work shall be performed to minimize the spread of dust, dirt, debris, and airborne particles and to provide complete protection for persons and property within and adjacent to the Work area in accordance with the Project-specific Safety Plan.

3.

Contractor shall collect and remove from the site all accumulations of waste, dust, and debris at the end of each work shift; more frequently in occupied areas, if necessary, to keep the quantity of combustible material low.

C.

Noise and Vibration: Restrict construction-related activities involving excessive noise, vibration and similar disruptions during the NGA's occupied hours and special events.

1.

Activities include, but are not limited to, the following:

a.

Demolition and cutting, including chipping, drilling or cutting concrete (hand or power).

b.

Demolition and cutting of construction materials, including wood and metal.

c.

The use of powered tools that exceed the following specified criteria.

d.

Delivery of bulk and oversized construction materials to the construction site.

2.

Excessive noise is any generated noise over seventy (70) dB that may be measured by a sound level meter at slow response when measured in public or NGA staff environments adjoining the Project site.

a.

The use of noise producing equipment shall not expose the public or NGA staff at any time to noise in excess of prescribed standards as set forth by OSHA.

3.

Excessive vibration is any sensation of vibration in adjoining public or staff environments to the Project site.

D.

Indoor Air Quality: Restrict construction-related activities involving excessive gases, vapors, fumes, and odors that are evident in staff and public spaces during NGA’s occupied hours and special events and at any time in collection spaces. These restrictions shall be acknowledged in the Project-specific Safety Plan. Verify use of any questionable product with a historical record of dispensing vapors, fumes or odors in writing three (3) working days in advance with the COTR.

1.

Excessive odor is any detectible sensation of odor (whether or not accompanied by dust or smoke, and whether or not deemed (hazardous() by occupants in adjoining public or staff environments to the Project site.

2.

Control gases, vapors, fumes, and odors created by the work through…