ATTACHMENT_A,_JFK_MEMORIAL_DESIGN_AND_DEVELOPMENT_PROGRAM,_SECTIONS_B_-_M,_20171122.docx

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PART I – THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND COST

B.1 The Contractor, acting as an independent contractor and not as an agent of the Government, shall furnish all personnel, facilities, support, and technical necessary to provide the services as set forth in the Statement of Objectives set forth in Section C, Description/Specifications/Work Statement and individual Task Orders.

B.2 Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

B.3 Sections K, L and M will be physically removed from any resultant award, but will be deemed to be incorporated, by reference, in that award.

B.4 LABOR CATEGORY AND RATE BREAKOUT TABLE:

Offerors shall develop a Labor Category and Rate Breakout Table. The table shall reflect the Key Personnel and other labor categories that it proposes to perform Task Order 0001 and Task Order 0002 and the applicable direct and indirect rates.

The Labor Category and Rate Breakout Table, updated whenever a new labor category is awarded on a future Task Order, shall be established and maintained. The labor rate for a Labor Category shall apply to all future Task Orders on which the same Labor Category is proposed. The indirect rates shall apply to all future Task Orders. The Task Order 0001 proposed profit percentage shall apply to all Firm Fixed Price Task Orders. The Task Order 0002 fixed fee of 4% and up to 6% award fee shall apply to all Fixed Price Award Fee Task Orders.

Offerors shall use a Full Time Equivalent (FTE) of 1,920 hours.

LABOR CATEGORY AND RATE BREAKOUT TABLE

DIRECT RATES

Program Manager Principal

Placemaker Principal

Architect Principal

INDIRECT RATES

NOTE:

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

JFK MEMORIAL DESIGN AND DEVELOPMENT PROGRAM

STATEMENT OF OBJECTIVES (SOO)

1.0 BACKGROUND

1.1 OVERVIEW

The John F. Kennedy Center for the Performing Arts (Kennedy Center or JFKC) has built a reputation as one of the paramount performing arts centers in the nation. By act of Congress, the Kennedy Center is the nation’s cultural center, which makes it a unique space open to visitors from across the country both onsite and online. Each year, it hosts more than 2,000 national and international performances from artists around the world. Over 2 million people come through the Kennedy Center doors for performances and activities onsite, with another 11 million students, teachers, and families from around the country partaking in its national education programs. The Kennedy Center is currently one building encompassing approximately 1,500,000 square feet of usable floor space and is situated on 17 acres of land overlooking the Potomac River. There are six levels above the Plaza level and three levels below grade.

While the spirit and ideals often ascribed to the 35th president are embodied within the mission and the daily operations of the Kennedy Center, members of the general public who are not frequent patrons or longtime Kennedy Center members do not know that, in addition to functioning as a vibrant performing arts center, the Kennedy Center is also a living memorial to John F. Kennedy (JFK) by an Act of Congress.[footnoteRef:1] The 50th anniversary of the Kennedy Center’s opening in 2021 presents an opportunity to reimagine JFK’s memorial and ask: How can public spaces within the Kennedy Center become a gathering place for people and communities? How can the Kennedy Center enhance visitor awareness of JFK’s legacy and his contributions to cultural life in America? How can the Kennedy Center portray the connection between JFK’s legacy and the use and design of the space? [1: John F. Kennedy Center Act, Public Law 88-260, JAN 23, 1964]

1.2 THE KENNEDY CENTER

The Kennedy Center opened to the public on September 8, 1971, but its roots date back to 1958 when President Dwight D. Eisenhower signed the National Cultural Center Act authorizing the institution’s construction and requiring that it be an independent, self-sustaining, and privately funded facility.[footnoteRef:2] In addition, this Act gave the National Cultural Center an educational mission and an artistic mandate to present a wide variety of both classical and contemporary performances. [2: National Cultural Center Act, Public Law 85-874, SEP 2, 1958]

As a lifelong supporter and advocate of the arts, President Kennedy placed the prestige of his office firmly behind the endeavor. He took the lead in raising funds for the new facility, appointing his wife Jacqueline and Mrs. Eisenhower as honorary co-chairwomen. The Kennedy Center was designed by noted architect Edward Durell Stone.

Two months after President Kennedy’s tragic death in November 1963, Congress designated the National Cultural Center as a “living memorial” to President Kennedy, and authorized $23 million to help build what is now known as the John F. Kennedy Center for the Performing Arts. Additional support came from private sources as well as nations around the world, which donated funds, building materials, and artworks to assist in the project’s completion.

From its very beginnings, the Kennedy Center has represented a unique public/private partnership. As the nation’s living memorial to President Kennedy, the Center is a government facility and receives federal funding each year to pay for maintenance and operation of the building. However, artistic programs and educational initiatives are paid for through ticket sales and the generous support of individuals, corporations, and private foundations. The Kennedy Center houses eight performance spaces, multiple production support areas, two public restaurants, nine multi-function/special event rooms, five public galleries/halls/foyers, and approximately 55,000 square feet of administrative office space. The three below-grade levels of the building contain additional administrative offices, support spaces, and a parking garage for approximately 2,000 cars (staff and general public).

The facility operates 365 days per year for 14 hours per day. As a performance venue the Kennedy Center has entertained millions of patrons. As a cultural destination it attracts large numbers of tourists as well as political and world leaders, dignitaries, students, and families.

The Kennedy Center offers rich and diverse programming to students, teachers, and families of all ages and backgrounds. A unique feature is the Millennium Stage, which presents a free performance 365 days a year by a broad spectrum of artists, including world-famous performers, international touring groups, emerging artists, and student artists. The Hall of Nations and the Hall of States feature flags from the countries with which the United States has diplomatic relations and the flags of each state in the Union, respectively, and at times are also a venue for visual art installations that are aligned with ongoing performances to expand the themes and accessibility of Kennedy Center programming. The Kennedy Center regularly presents international performances as well, and has a rich history of developing major international festivals that celebrate cultural traditions from around the world. Previous festivals have focused on artists and artistic works from Latin America, China, Japan, over 20 countries of the Arab League, India, Africa, the Nordic countries, Ireland, and more, attracting thousands of local patrons and tourists for live performances, authentic food, outdoor activities, free events, educational opportunities, and visual art installations and exhibits. Additionally, the Kennedy Center programs an entire series for students and families, offering free and discounted tickets to school and community groups in the region whenever possible, and also provides robust professional development workshops and materials for teachers across the country.

The Plaza Level of the Kennedy Center serves as the most visible public entrance to the Center's three multi-level principal theaters, including the 2,448-seat Concert Hall, the 2,140-seat Opera House, and the 1,142-seat Eisenhower Theater. Two grand corridors, the Hall of Nations and the Hall of States, lead to the Grand Foyer that extends along the length of the Center.

The Kennedy Center is also a national leader in arts education and arts integration, creating and disseminating innovative programs and resources in person, on-line, and in print. These programs and resources directly impact students, teachers and administrators from pre-kindergarten through college across the country as well as families and the general public. Program activities and resources reach all 50 states.

The entirety of the Kennedy Center’s facility is accessible to those with disabilities and is compliant with the Americans with Disabilities Act of 1990 (ADA). The institution’s Department of VSA (Very Special Arts) and Accessibility serves patrons, students, and artists visiting the facility in need of accommodations to tour the building, participate in education programs, or attend performances. Furthermore, the department creates educational and professional development opportunities for students and young artists with disabilities who wish to build a career in the arts.

1.3 THE JFK MEMORIAL

The 60-foot tall Grand Foyer contains the bust of John F. Kennedy, by American sculptor Robert Berks, which serves as the memorial to the late president. The JFK memorial currently consists of three (3) main components: the bust sculpture, an interactive digital archive, and a series of quotations from the late John F. Kennedy (some of which are inscribed in glass next to the bust, and some of which are carved on the exterior of the building facing the Potomac River). Although the entire slate of programming of the Kennedy Center functions as a living memorial to JFK, Kennedy Center staff have recognized that visitor awareness of, and integration with, the physical memorial is currently underutilized. New technological advancements, modifications to the public spaces surrounding the memorial bust, and the use of creative experiences in the building could all be used when envisioning the future for this memorial, in order to attract new and repeat visitors to the Kennedy Center to honor the memory of JFK and his legacy. The Kennedy Center is looking to re-envision this memorial and make it a unique, integrated, and highlighted feature of the Kennedy Center guest experience that optimizes spatial assets and programmatic capabilities to invite visitors and inspire patron engagement.

1.4 THE EXPANSION

To more deeply explore and provide a home for new ways in which the arts, education, and community intersect, the Kennedy Center has embarked on the first major expansion in its history. The expanded campus will create new opportunities for performances, informal gatherings, community outreach, and interaction between artists and audiences across the full spectrum of the creative process.

Renowned American architect Steven Holl has created an innovative design that preserves the silhouette of the current building and adds three pavilions visible above ground: a Welcome Pavilion to introduce guests to the expanded campus, a Skylight Pavilion overlooking the new landscape, and a River Pavilion adjacent to the Potomac River. The facilities will include studios, rehearsal rooms, media-ready classrooms, a traditional lecture hall, space to accommodate critical education programs, an outdoor wall for simulcast and video presentations, and a café/bistro meeting spot.

These new spaces are designed to be flexible and create a new experience for members of the extended Kennedy Center community to interact and fully engage with the Center as a nexus of arts, learning, and culture.[footnoteRef:3] The River Pavilion will provide a participatory, interactive space for small-scale performances, intimate concerts, poetry readings, and other experiences which are not easily (currently) accommodated within the existing building.[footnoteRef:4] Construction of the pavilions is expected to be completed in 2019. [3: http://www.kennedy-center.org/pages/expansion/index] [4: http://www.stevenholl.com/projects/kennedy-center-expansion]

2.0 PURPOSE

The purpose of this Statement of Objectives (SOO) is to design and construct a comprehensive interior and exterior upgrade of the public spaces of the Kennedy Center to refresh and expand the Presidential memorial, create a compelling, dynamic visitor experience around the Kennedy legacy, increase traffic and attendance to the Center as a destination, and enhance visitor services and comfort. The intent is to activate the memorial by transforming the public areas between and surrounding the venues into vibrant, welcoming, interactive, evergreen, and open gathering spaces for individuals, organizations, and communities from Washington, D.C., the surrounding region, the country, and the world. A critical step in this process is the development and design of a unified campus vision that aims to improve the guest experience and invites all visitors to engage with the JFK Memorial. Success will be achieved when the Kennedy Center is known as more than a performance venue; it will be seen as an institution that serves communities as a gathering place for creative expression, learning, and participation and also enhances the memorial to the 35th President.

3.0 SCOPE

The Contractor shall be solely responsible for providing a Program Manager, a highly skilled and experienced group of core principals, and support personnel from a range of professional disciplines as necessary to design, develop and deliver the JFK Memorial Program Objectives set forth in 4.0, below. This will be accomplished over a five-year Contract period progressing from the development and design of a unified campus vision leading to, potentially, multiple intervention phases.

It is the Government’s intent to award an Indefinite Delivery/Indefinite Quantity (ID/IQ) Contract for a eight (8) month base period and five (5) one (1) year option periods if all option periods are exercised. Projects will normally be awarded as Task Orders under the Contract on either a Firm Fixed Price (FFP) basis or a Fixed Price plus Award Fee (CPAF) basis, dependent upon the specific requirement. Some projects may be awarded as trust funded commercial contracts.

Exercise of each option period will be based, in part, upon the quality, timeliness and management of cost during the previous contract period.

3.1 The Contractor shall become thoroughly familiar with the campus public spaces, visitor metrics, physical conditions, and current programs and activities of the Kennedy Center. This shall include the availability and location of utilities, the HVAC system, fire alarm and suppression system, security and security monitoring system and other physical aspects of the Kennedy Center.

3.2 The Contractor shall consider the entire Kennedy Center campus in the design and development process with an emphasis on making workable use of underutilized spaces and drawing special attention to the Memorial experience.

3.3 The Contractor shall provide an analysis [analyses] to develop a visionary program that supports achievable and operationally sustainable dynamic, evergreen recommendations/solutions arising from the following objectives, the success of which can be measured and evaluated.

4.0 PROGRAM OBJECTIVES

The Program Objectives shall be considered in the design and development of the JFK Memorial Design and Development Program.

4.1 To leverage the unique position and identity of the Kennedy Center as a living presidential memorial and performing arts complex so as to:

4.1.1 Increase:

4.1.1.1 Awareness of the Kennedy Center mission as a living memorial for visitors today and into the future.

4.1.1.2 The breadth and volume of visitors and patrons, their access, their length of stay per visit, and the frequency of their visits by:

4.1.1.2.1 Re-imagining the exterior and interior public spaces to both actively and passively engage and enhance the visitor/patron experience to position the Center as a destination with strong content and activities for all ages.

4.1.1.2.2 Increasing awareness of ideals attributed to President John F. Kennedy across the broadest spectrum of local, national, and international communities on a personal level.

4.1.1.2.3 Providing additional amenities that encourage and support a comfortable, extended visit that is integrated with the memorial experience.

4.1.2 Seamlessly integrate and amplify the legacy of President John F. Kennedy’s advocacy of the performing arts for a healthy, productive, and enlightened society.

4.1.3 Engage the entire organization in this work through its programming, education, and community outreach activities to sustain and enhance these objectives.

4.1.4 Recognize and sustain the historic significance of the memorial’s design.

4.2 Develop, in conjunction with the Kennedy Center, evaluation metrics to provide a tracking system that assesses the success of these objectives over time.

4.3 Develop a plan to continually review changes and, based on evaluation metrics, modify the changes to increase support and/or enhance the objectives.

5.0 RELEVANT DOCUMENTS

a) Building Code Policy, 20170701

* Updated periodically to reflect revisions to building codes applicable to the Kennedy Center

b) FY 2017 Comprehensive Building Plan (Redacted), 201704

* Updated annually

SECTION D

PACKAGING AND MARKING

D.1 NOTICE OF JFKC CONTRACT CLAUSES INCORPORATED IN FULL TEXT

a. The Contractor shall prepay mailing and freight charges and any other fees incurred for transmitting deliverables required under the Contract.

b. All information submitted to the Government shall be clearly marked to show the Contract number.

c. The Contractor is responsible for properly protecting sketches, drawings, reports and any other submissions transmitted to the Government. The Contractor is responsible for packaging its submissions in a manner to preclude damage during shipping and handling. The Contractor is required to repair or replace any item damaged before delivery and acceptance by the Contracting Officer at no additional cost to the Government.

d. The Contractor is responsible for verifying receipt of electronic submission deliverables by the Contracting Officer Representative (COR) and the Contracting Officer.

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 the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. See http://farsite.hill.af.mil/ for electronic access to the full text of a clause.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 NOTICE: 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 the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. See http://farsite.hill.af.mil/ for electronic access to the full text of a clause.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 NOTICE: 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 the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. See http://farsite.hill.af.mil/ for electronic access to the full text of a clause.

G.2 NOTICE OF JFKC CONTRACT CLAUSES INCORPORATED IN FULL TEXT

The POP for the Contract is an eight (8) month base period and five (5) one (1) year option periods from the effective date of Contract award. The Contract will expire on September 30, 2023, assuming all option periods are exercised and the Contract is not terminated prior to that day.

G-002 PLACE OF PERFORMANCE

The John F. Kennedy Center for the Performing Arts (Kennedy Center) 2700 F Street, N.W.

Washington, DC 20566-001

G-003 CONTRACT MANAGEMENT

Notwithstanding the Contractor's responsibility for total management responsibility during the performance of this Contract, administration of the Contract will require close coordination between the Contractor and the Kennedy Center.

The following individuals will be the Kennedy Center's points of contact during the performance of the Contract:

1. Contract Administration

Contract administration will be performed by the Contracting Officer. The Contracting Officer is:

2. Program Manager:

2. Contracting Officer's Representative (COR)

G-004 CONTRACTING OFFICERS REPRESENTATIVE (COR)

A. Subsequent to Contract award, the Contracting Officer will designate a COR. This designation shall be furnished in writing to the Contractor. The COR will be authorized by the Contracting Officer to act within the limitations and restrictions set forth therein and imposed by the Contracting Officer. This authority is limited to:

1. Interpreting the Contract and Task Order Statements of Work and/or Statement of Objectives.

2. Monitoring Contractor performance within the scope of the Contract and Task Order Statements of Work and/or Statement of Objective.

3. Making recommendations to the Contracting Officer concerning acceptance or rejection of work.

4. Controlling technical interface with the Contractor.

5. Reviewing and investigating any delay(s) or proposed Contract or Task Order change(s) and making recommendations to the Contracting Officer.

B. This designation specifically does not include authority to:

1. Direct changes in the scope, cost, terms or conditions of the Contract or Task Orders.

2. Execute modifications, including no-cost modifications, to the Contract or Task Orders.

3. Bind the Government by agreement in terms of a proposed Contract or Task Order change.

G-005 INVOICING AND PAYMENT

A. All invoices shall be sent to the Contracting Officer with a copy sent to the COR. Invoice and payment shall be in accordance with Part II – The Schedule, Section I – Contract Clauses, FAR 52.232-1, PAYMENTS.

B. A proper invoice shall include the following information:

1. The name and address of the Contractor

2. A unique invoice number and an invoice date.

3. The Contract number and Task Order number to which the invoice applies.

Charges to multiple Task Orders shall not be included on the same invoice.

4. The specific Contract Line Item Number(s) (CLIN) to which the invoice applies.

An invoice for work performed on multiple CLINs on the same Task Order shall provide an accurate breakout by CLIN of the amounts invoiced.

Invoices will be compared against the Monthly Status Report (if required). An invoice for an amount for a CLIN that would be greater than the percentage of work completed as shown on the Monthly Status Report shall include a detailed justification. The Contracting Officer will have sole authority to determine if the justification is sufficient to authorize the higher payment.

5. Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed by CLIN to also include the date(s) goods were shipped or date(s) services were performed.

6. The name and address of the Contractor Official to whom payment is to be sent.

7. The TIN (Tax identification Number) of the Contractor.

8. The EFT (Electronic Funds Transfer) banking information of the Contractor.

The Contractor is solely responsible for the accuracy of the EFT banking information.

9. The name, address, telephone number and email of the individual to contact in the event that an invoice is defective.

10. Any other information or documentation required by the contract (e.g., work tickets) and/or Task Orders.

C. An invoice which fails to contain the information required in G-005 – Invoicing and Payment, (B) above, will be determined to be defective and will be returned to the Contractor for correction.

G-006 AUTHORIZED NEGOTIATOR(S)

The Offeror represents that the following person(s) is/are authorized to negotiate and commit the Corporation on its behalf with the Government in connection with this Request for Proposal:

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE OF JFKC SPECIAL PROVISIONS INCORPORATED IN FULL TEXT

(a) The Contractor shall provide and maintain work environments and procedures, which will:

(1) Safeguard the public and Kennedy Center personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Kennedy Center operations and delays in project completion dates.

(b) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Kennedy Center personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor's representative at the work site, 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 Contracting Officer 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 cost or extension of the performance schedule on any stop work order issued under this clause.

(d) The Contractor shall insert this clause, including this paragraph (d), with appropriate changes in the designation of the parties, in all subcontracts.

H-002 DELIVERIES

Deliveries shall be made to Loading Dock 1 between the hours of 6:01 AM to 12:00 AM. The Contractor shall submit a written request to the COR for any delivery between 12:01 PM and 4:00 PM at least 24 hours in advance. The restrictions on delivery vehicles height is 12 feet and truck length is 20 feet. Should special delivery requirements exist, deliveries must be scheduled with the COR. Materials may not be stored at the Loading Dock for any period of time.

H-003 FOOD, DRINK AND RADIOS

Consumption of food and drink, except in designated areas, is prohibited within the Kennedy Center and on the premises. Use of radios within the Kennedy Center and on the premises is prohibited.

H-004 GOVERNMENT LIABILITY

The Government shall not be liable for any loss or damage to the Contractor's property, including material stock or those expenses incidental to loss or damage.

H-005 PARKING

Public parking is available in the Kennedy Center garage at Contractor rates for Contractor employees performing at the site, subject to availability of parking. Currently, the Contractor rate is $100 per vehicle per month. This rate is subject to change with little or no advance notice. Vehicle height is restricted to 6 feet in the garage. Arrangements may be made to park permitted oversized vehicles in other areas if necessary. If other arrangements are required, these must be coordinated with the COR at least 72 hours in advance. Parking in restricted areas without proper passes in the vehicles may result in tickets and/or towing of vehicles. It is possible that a staging area will be provided which would allow for free vehicle parking. This will depend largely on the area that will be blocked from public access due to the nature of the work.

H-006 PERFORMANCE OF WORK ON KENNEDY CENTER PREMISES

The rules and regulations of the premises where services are to be performed shall apply to the Contractor and his employees, subcontractors and employees, and companies delivering either supplies or services while on the premises. These regulations include but are not limited to: presenting valid identification for entrance, obtaining and using vehicle passes for all Contractor-owned and/or privately-owned vehicles, obeying all posted directives, and providing strict adherence to security guards direction in instances where security guards have been dispatched to a particular location.

H-007 PERMITS AND RESPONSIBILITIES

The Contractor shall, without additional expense to the Kennedy Center, be responsible for obtaining any necessary licenses, certifications, and permits, and for complying with any Federal laws, codes, and regulations applicable to the performance of the work. The Contractor shall be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence.

H-008 CONTRACT INSURANCE REQUIREMENTS

The contractor shall provide insurance coverage for all risks associated with performing this contract. Liability insurance coverages, written on a comprehensive Certificate of Liability Insurance (Attachment 1), are required in the following minimum amounts:

a. Worker's compensation and employer's liability............$100,000 or per statute

b. General liability:

c. Automobile liability:

d. Professional general Liability: $2,000,000 per occurrence

In addition, the contractor must provide coverage for any other risks as deemed appropriate, as the Government is not indemnifying the Contractor against risks under this contract.

A current duplicate (not machine reproduced) Certificate of Liability Insurance must be submitted to the Contracting Officer for approval before the contractor begins work under this contract; duplicates of renewal certificates obtained by the contractor during the life of this contract must immediately be provided to the Contracting Officer.

The insurance policy must contain an endorsement that any cancellations or material decreases in the coverages shall not be effective, unless the insurer or the contractor gives advance written notices of cancellations or changes in accordance with the Contracting Officer's instructions. All premiums or cost incurred to comply with these insurance requirements will be paid by the contractor.

The government reserves the right to disapprove the purchase of any insurance coverage not in the government's interest. This contract requires that all insurance coverages be kept in full force and effect until all contract work is completed; the insurance requirements flow down to subcontractors. The government will not be responsible for any losses, damages, or liabilities beyond the amounts, limits, and conditions of the above required insurance.

Indemnification:

During the term of this contract and thereafter, the contractor shall indemnify, defend and hold harmless the Kennedy Center from and against any and all third party claims for damages for bodily injury or physical damage to third party tangible property to the extent caused by the contractor's negligence or deliberate wrongful acts in connection with the work.

H-009 INSURANCE - ADDITIONAL NAMED INSURED

The requirements of the Insurance - Work on a Government Installation - Clause prescribed in FAR 52.228-5 is supplemented to provide that the general liability policy shall name "The United States of America, acting by and through the John F Kennedy Center for the Performing Arts" as an additional insured with respect to operations performed under this contract.

H-010 SECURITY REQUIREMENTS

A. All Contractor and subcontractor employees performing at the site shall display photo identification showing the company name at all times.

B. All Contractor and subcontractor employees performing on site shall obtain Kennedy Center badges (Attachment 2) from the Security Office. The COR shall coordinate these requests.

C. Contractor and subcontractor employees performing at the site shall follow directions provided by the security officers.

H-011 SMOKING RESTRICTIONS

In compliance with Executive Order 13058 – Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal Workplace, the Kennedy Center is a smoke-free environment for Federal employees and members of the public. Smoking is allowed only within designated areas outside the facility.

H-012 WORK ARRANGEMENTS

The Contractor shall investigate and resolve with the Kennedy Center all site work related issues such as access, egress, material delivery, working hours, parking, and guard escorts, as required.

H-013 WORKMANSHIP EXPECTATIONS

All work under this Contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require in writing that the Contractor remove from the workplace any employee deemed incompetent, careless, or otherwise objectionable.

H-014 KEY PERSONNEL

(a) The Contractor shall provide as part of its proposal a resume, as required by H-015(b), below, for each of the key personnel to be dedicated to the performance of the Contract and Task Orders.

(b) The positions for which there shall be Key Personnel are:

Program Manager Principal Placemaker Principal Architect Principal

(c) In the event that any person listed as a Key Person is unable to perform because of health, resignation from the Contractor's employ, or any other reason, the Contractor shall promptly submit to the Contracting Officer a detailed written explanation of the situation and, within 20 days, the name, title, resume, and experience information required by H-015(b), below, of a proposed substitute at least equal in technical capabilities and experience.

(d) Any Task Order on which the Key Person was performing will be reduced in price by the Key Person’s rate per hour for the period of time the position is vacant. An interim Senior person may fill a Key Person position until a substitute person is approved by the Contracting Officer but the Contractor shall not charge for the interim person’s time at the higher Key Person rate.

H-015 CONTRACTOR PERSONNEL KEY PERSONNEL STAFFING

(a) The Contractor is required to dedicate and utilize the skilled personnel as named and/or otherwise identified, committed, and accepted in accordance with Section H, H-014, KEY PERSONNEL for the life of the Contract.

(b) Resume

Each Resume shall describe the person’s:

Name Formal Education Specialized Training Relevant Experience

No substitution shall be made without the prior written approval of the Contracting Officer. No increase in Contract pricing will be allowed when a substitution is authorized by the Government.

H-016 ORGANIZATIONAL CONFLICTS OF INTEREST (OCI)

(a) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award of the Contract, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

(c) Remedies - The Contracting Officer may terminate this Contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of a potential organizational conflict of interest prior to award, or discovered an actual or potential conflict award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the Contract for Default, debar the Contractor from Government Contracting, or pursue such other remedies as may be permitted by law and this Contract.

(d) The Contractor further agrees to insert in any subcontract or consultant agreement hereunder, provisions which shall conform substantially to the language of this clause, including this paragraph (d).

(e) This clause is effective for the Period of Performance of this Contract.

H-017 NOTIFICATION OF CONFLICTS OF INTEREST REGARDING PERSONNEL

(a) In additional to the requirements of the Kennedy Center clause H-016 entitled "Organizational Conflicts of Interest," the following provisions with regard to employee personnel performing under this Contract shall apply until the earlier of the following two dates: the termination date of the affected employee(s) or the expiration date of the Contract.

(b) The Contractor agrees to notify immediately the COR and the Contracting Officer of:

(1) any actual or potential personal conflict of interest with regard to any of its employees working on or having access to information regarding this Contract, or

(2) any such conflicts concerning subcontractor employees or consultants working on or having access to information regarding this Contract, when such conflicts have been reported to the Contractor. A personal conflict of interest is defined as a relationship of an employee, subcontractor employee, or consultant with an entity that may impair the objectivity of the employee, subcontractor employee, or consultant in performing the Contract work.

(c) The Contractor agrees to notify the COR and Contracting Officer prior to incurring costs for that employee's work when an employee may have a personal conflict of interest. In the event that the personal conflict of interest does not become known until after performance on the Contract begins, the Contractor shall immediately notify the Contracting Officer of the personal conflict of interest. The Contractor shall continue performance of this Contract until notified by the Contracting Officer of the appropriate action to be taken.

(d) The Contractor agrees to insert in any subcontract or consultant agreement placed hereunder, provisions which shall conform substantially to the language of this clause, including this paragraph (d), unless otherwise authorized by the Contracting Officer.

PART II - CONTRACT CLAUSES

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 the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. See http://farsite.hill.af.mil/ for electronic access to the full text of a clause.

I.2 NOTICE LISTING CONTRACT CLAUSES INCORPORATED IN FULL TEXT

The following Contract clauses pertinent to this section are hereby incorporated in full text.

(a) Any services to be furnished under this contract shall be ordered by issuance of Task Orders by the Contracting Officer. Such orders may be issued from the effective date of Contract award through three months prior to the expiration of the Contract, assuming all option periods are exercised.

(b) All Task Orders are subject to the terms and conditions of this contract. In the event of conflict between a Task Order and this Contract, the Contract shall control.

(c) If mailed, a Task Order is considered “issued” when the Government deposits the Order in the mail. Notification of award of a Task Order and authorization to proceed with performance may be issued by email by the Contracting Officer.

52.216-19 ORDER LIMITATIONS OCT 1995

(a) Minimum order. When the Government requires services covered by this contract in an amount of less than $500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single service in excess of $1,000,000.00;

(2) Any order for a combination of services in excess of $10,000,000.00; or

(3) A series of orders from the same ordering office within thirty (30) days that together call for services exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within ten (10) days after issuance, with written notice stating the Contractor’s intent not to provide the service (or services) called for and the reasons. Upon receiving this notice, the Government may acquire the services from another source.

52.216-22 INDEFINITE QUANTITY OCT 1995

(a) This is an indefinite-quantity contract for the services specified, and effective for the period stated, in the Schedule. The quantities of services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Performance shall be made only as authorized by Task Orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of Task Orders that may be issued. The Government may issue Task Orders requiring performance at multiple locations.

(d) Any Task Order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the Task Order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that Task Order to the same extent as if the Task Order were completed during the Contract’s effective period; provided, that the Contractor shall not be required to provide any under this Contract after six (6) months after the expiration of the then effective Contract period.

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

The Government may require continued performance of any services within the limits and…