A1 - Fabrication IDIQ PWS.pdf

32, rue de Monceau | 75008 Paris | France ABMC | Unit 9200, Box 1030 | DPO AE 09777-1030 | USA

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Attachment #1: Performance Work Statement

IDIQ for Exhibit and Wayfinding Signage Fabrication

I. BACKGROUND

The American Battle Monuments Commission (ABMC) — the guardian of America’s overseas commemorative cemeteries and memorials— honors the service, achievements, and sacrifices of U.S.

armed forces. Established by Congress on March 4, 1923, ABMC’s mission includes:

• Designing, constructing, operating, and maintaining permanent American military cemeteries in foreign countries;

• Building and maintaining monuments, memorials and markers overseas, where American forces have served since April 6, 1917, and in the U.S. when directed by public law;

• Controlling the design and construction of U.S. military memorials, monuments, and markers overseas created by U.S. citizens and organizations, both public and private, and encouraging their maintenance.

ABMC administers, operates, and maintains 26 permanent American military cemeteries, and 31 federal memorials, monuments, and markers, which are located in 17 foreign countries, the U.S. Commonwealth of the Northern Mariana Islands, and the British dependency of Gibraltar; three of the memorials are located within the U.S.

With the passage of time, the ABMC visitor demographic has shifted, creating a need for more interpretation and education at our sites. Originally, our cemeteries and memorials welcomed family members to mourn the loss of their loved ones. While we still welcome many next of kin (NOK) at our sites, we also receive school groups and other visitors in search of a better understanding of the personal sacrifice, and the historical context of the military campaigns that led to the existence of our sites.

These factors have led ABMC to augment its original mission of "keeping the grass green and headstones white" to include "telling the story" for generations to come. To continue our sacred mission to honor the fallen, we have completed 10 visitor centers since 2007, and many small exhibits.

The goal of ABMC visitor centers and smaller exhibit installations is to enhance a visitor's experience at the site while not detracting attention from the existing features of the cemetery and commemorative spaces.

Improving the visitor's experience goes beyond the creation of visitor centers and exhibits. Creating spaces that communicate with visitors through well-designed wayfinding signage is important to the overall visitor experience. That is why ABMC has undertaken an agency-wide strategy in this regard.

The work may involve travel to ABMC sites to meet with the staff, inspect sites, assess scope of work, prepare cost estimates for the work, and install exhibits and/or signage. Travel to the applicable sites prior to proposal submission for proposal preparation and cost estimating is permissible and may be arranged through the COR. However, any travel costs incurred prior to award of a task order are not reimbursable.

For the purpose of this contract, “exhibit” is defined as including, but not limited to, any one of the following or combination thereof: exhibit panels and platforms, information desks and informational/interpretative/wayfinding signage, artifact display cases and artifact mounts, tactile elements, cabinets for multi-media programs, digitally printed labels and graphics, printed or painted murals, floor graphics, scale models, full-size models, reproduction props, dimensional maps, dioramas, sculpted or cast human figures, exhibit audiovisual equipment, exhibit computer interactives (including searchable databases), embedded exhibit videos and audio programs, and interactive touch-screen programs, custom mechanical interactives, exhibit lighting, bulletin boards, sales fixtures, and benches.

II. SCOPE OF WORK

Unless otherwise stated in an individual task order, the requirements set forth in this contract represent the baseline standards and processes that shall be followed for every project performed under this contract.

Throughout the life cycle of this IDIQ following the issuance of Task Orders, the government will engage the services of the selected firm in one or more of the following arenas: fabrication, transportation, and installation of all exhibit elements at ABMC sites, as specified in Attachment #2: American Battle Monuments Commission Standard Exhibit Planning, Design, & Fabrication Specifications.

Fabrication includes but is not limited to project management, shop drawings, samples, packing, shipping, and project closeout for:

• Orientation and interpretive exhibits

• Audiovisual and multimedia content production and equipment

• Artifact, object, reproduction acquisition, mounting and case installation

• Exterior wayside exhibits

• Acquisition of historic furnishings, antiques, and reproductions

• Accessibility elements, such as audio description tour and equipment, assistive listening equipment, tactile elements

• Custom elements such as models, reproductions, maps, sculpted or cast figures, mechanical/electromechanical devices

• Electrical work

• Exhibit lighting

• Seating

• Theatre shop drawings, wiring diagrams, recommended AV hardware (for theatre)

Close and regular coordination with ABMC staff, partners, A&E and exhibit design contractors, building contractor and other significant project participants shall also be considered a requirement for this contract.

A. Project Management

The contractor's Project Manager shall be the single point of contact between the contractor and the American Battle Monuments Commission’s Contracting Officer's Representative (COR). The Project Manager shall perform work outlined in Section 2 of Attachment #2: The American Battle Monuments Commission Standard Exhibit Planning, Design, and Fabrication Specifications. Typical duties include:

• Perform Quality Control

• Perform Schedule Management

• Arrange Meetings and Travel

• Review and track Government-Furnished Materials

• Organize and consolidate Resource Materials

• Manage/distribute Submittals for Review

• Conduct Final Inspection

• Oversee Delivery and Installation

• Produce Closeout Package

In addition, the contractor shall:

• Schedule and facilitate conference calls and virtual meetings

• Provide samples of work and performance references for subcontractors (fabrication team) to

COR.

B. General Requirements

All work shall conform to the policies and procedures in Attachment #2, unless otherwise specified. Typical requirements include the following, but will be described in the solicitation for each individual task order:

• Submittals – Will be acknowledged at the Task Order level. Three printed copies and one electronic PDF copy of each submittal are required unless otherwise specified. Submittals shall be delivered to a minimum of two locations via overnight delivery service. Submittals shall be delivered seven calendar days prior to scheduled presentations of the material unless otherwise specified.

• Travel, Meetings, and Presentations - Some virtual meetings and presentations may, with the approval of the COR, be substituted by acceptable electronic meeting method(s) (phone / videoconference / web) for those meetings outlined in Attachment #2.

C. Exhibit and Wayfinding Signage Fabrication Process

Typical phases of work under this contract are described in Attachment #2, Section 3.3, Exhibit Planning and Design Process (p. 15), and include the following:

• Post-award

• Submittals

• Fabrication

• Building Prep

• Installation

• Closeout/Warrant

III. TIME FOR COMPLETION AND PAYMENT SCHEDULE

This contract is being issued as an Indefinite Delivery Indefinite Quantity with one base year and four option years (a total of up to 5 years). Specific proposals and schedules will be established for individual Task Orders. Payments shall be made upon acceptance of deliverables per the schedule outlined in the individual Task Order. If financing terms other than payment at final acceptance are desired, they must be requested in writing at the time of each task order proposal. The COR will notify the contractor, in writing, of approval or rejection of the work in accordance with the Task Order Schedule.

IV. REVIEW AND APPROVAL

Review and approval under this contract will occur after each deliverable identified. The COR will notify the contractor, in writing, of approval or rejection of the work.

V. AUTHORITIES AND DELEGATIONS

The Contracting Officer (CO) is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

The CO will designate a Contracting Officer’s Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor’s performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

The COR is not authorized to perform, formally or informally, any of the following actions:

• Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

• Agree to modification of any product specifications;

• Waive or agree to modification of the delivery schedule;

• Make any final decision on any contract matter subject to the Disputes Clause in accordance with the terms and conditions applicable to the geographic location firm;

• Terminate, for any reason, the Contractor’s right to proceed; and

• Obligate in any way, the payment of money by the Government.

Subject to the foregoing, the Contractor shall comply with the written or oral direction of the Contracting Officer or the COR. The Contractor need not proceed with direction that it considers to have been issued without proper authority. If a work requirement outside the scope of the task order is determined to be necessary, a cost proposal for the additional work may be requested by the CO or COR.

Any action(s) taken by the Contractor, in response to any direction given by any person other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor’s risk.

VI. GOVERNMENT-FURNISHED PROPERTY

The contractor shall be responsible for security and protection of government-furnished property or materials provided in connection with this contract. Following acceptance of all work by the government, the contractor shall return to the COR all government-furnished property (including reference material furnished or used).

VII. TRAVEL

Travel expenses that are minimal and incidental to the task or delivery order requirements should be included in each task order proposal as part of the firm fixed-price contract. Orders requiring significant travel should be done under a separate cost-reimbursable travel CLIN and proposed in accordance with the current official standard government Travel Regulations.

General Services Administration per diem rates for travel in the United States can be accessed via the Internet at: http://www.gsa.gov/portal/category/21287

US Department of State per diem rates for travel outside the United States can be accessed via the Internet at: http://aoprals.state.gov/web920/per_diem.asp http://www.gsa.gov/portal/category/21287 http://aoprals.state.gov/web920/per_diem.asp

VIII. LOSS OR DAMAGE

The contractor shall be liable for any loss or damage to any government property caused by negligence, theft, or willful misconduct of the contractor or its agents, servants, and employees. The contractor shall indemnify and save the government harmless against all actions, proceedings, claims, demands, costs, damages, and expenses, including attorney’s fees, by reason of any suit or action brought for any actual or alleged injury to or resulting from the performance of this contract. The contractor shall submit a full written report to the Contracting Officer within 24 hours following the occurrence of such damage, loss, or injury.

If due to fault, neglect, dishonesty of the contractor, his agency or employees, loss or damage to government property is incurred during the performance of this contract, the contractor shall be responsible for same.

The government, at its option, may in lieu of repayment require the contractor to replace, at the contractor’s own expense, all such property as directed by the Contracting Officer. Until the equipment is repaired or replaced, the contractor shall furnish similar, adequate replacement property and/or equipment at no charge to the government, within two working days of the date the equipment is lost, stolen, or damaged.

IX. KEY PERSONNEL

The positions named below are considered "key personnel" for the performance of requirements under this contract, although not all of them may be used on any given Task Order. A minimum of 5 years professional experience in the given labor category is recommended for consideration. The list of key personnel may not be amended during the course of performance of each order without the written approval of the Contracting Officer. Prior to diverting any of the specified individuals to other projects, the contractor shall notify the Contracting Officer and shall submit a justification (including proposed substitutions) in sufficient detail to permit evaluation of the effect on the program.

The Key Personnel that may be requested on individual orders include:

• Principal in Charge

• Project Manager

• Graphic Designer

• Print Graphic Designer

• Detailer

• Researcher

• Exhibit Evaluator

• Exhibit Writer/Editor

• AV Treatment Developer

• AV Hardware System Developer

X. RIGHTS IN DATA - SPECIAL WORKS

All original copies of drawings, artwork, and multimedia produced under this contract are the property of the American Battle Monuments Commission. The Commission’s use of the materials shall not be restricted in any manner, in accordance with FAR 52.227-17. The Contractor shall not assert or authorize others to assert any claim to copyright subsisting in any data first produced in the performance of this contract without prior written permission of the Contracting Officer.

A. Definitions

As used in this clause—

“Data” means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

“Unlimited rights” means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.

B. Allocation of Rights

The Government shall have—

(i) Unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract.

(ii) The right to limit assertion of copyright in data first produced in the performance of this contract, and to obtain assignment of copyright in that data, in accordance with Section C.1 of this clause.

(iii) The right to limit the release and use of certain data in accordance with Section D of this clause.

C. Copyright

1. Data first produced in the performance of this contract.

(i) The Contractor shall not assert or authorize others to assert any claim to copyright in any data first produced in the performance of this contract without prior written permission of the Contracting Officer. When copyright is asserted, the Contractor shall affix the appropriate copyright notice of 17 U.S.C. 401 or 402 and acknowledgment of Government sponsorship (including contract number) to the data when delivered to the Government, as well as when the data are published or deposited for registration as a published work in the U.S. Copyright Office. The Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license for all delivered data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government.

(ii) If the Government desires to obtain copyright in data first produced in the performance of this contract and permission has not been granted as set forth in paragraph C.1.(i) of this clause, the Contracting Officer shall direct the Contractor to assign (with or without registration), or obtain the assignment of, the copyright to the Government or its designated assignee.

2. Data not first produced in the performance of this contract.

(i) The Contractor shall not, without prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract and that contain the copyright notice of 17 U.S.C. 401 or 402, unless the Contractor identifies such data and grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph C.1. of this clause.

D. Release and use restrictions

Except as otherwise specifically provided for in this contract, the Contractor shall not use, release, reproduce, distribute, or publish any data first produced in the performance of this contract, nor authorize others to do so, without written permission of the Contracting Officer.

E. Indemnity

The Contractor shall indemnify the Government and its officers, agents, and employees acting for the Government against any liability, including costs and expenses, incurred as the result of the violation of trade secrets, copyrights, or right of privacy or publicity, arising out of the creation, delivery, publication, or use of any data furnished under this contract; or any libelous or other unlawful matter contained in such data. The provisions of this paragraph do not apply unless the Government provides notice to the Contractor as soon as practicable of any claim or suit, affords the Contractor an opportunity under applicable laws, rules, or regulations to participate in the defense of the claim or suit, and obtains the Contractor’s consent to the settlement of any claim or suit other than as required by final decree of a court of competent jurisdiction; and these provisions do not apply to material furnished to the Contractor by the Government and incorporated in data to which this clause applies.

X. CONTRACT ADMINISTRATION

The contractor shall use the Contracting Officer as a point of contact on all business and administrative matters concerning this contract. All correspondence, other than that of a technical nature, shall be addressed to the Contracting Officer, with information copies of the basic correspondence to the COR.

The contractor shall use the COR as the point of contact for all technical matters under the contract.

Technical correspondence shall be addressed to the ABMC COR, with an information copy of the basic correspondence to the Contracting Officer.

XI. FACILITY SECURITY POLICY

Contractors attending meetings or accomplishing work within the buildings or real property of the American Battle Monuments Commission shall adhere to the security policy of each office. It shall be the responsibility of the contractor to contact the office before work begins for a briefing on security policies.

XII. REPORTS

Individual orders may require the contractor to prepare a status report at mutually agreed upon intervals which shall contain a summary of the work accomplished during the reporting period. Reports shall be in sufficient detail to disclose all work started and results achieved during the reporting period, an indication of any current problems that may impede performance, the proposed corrective action, and the projected completion date. Each status report shall be submitted to the COR with a copy to the Contracting Officer.

Reports shall be submitted in electronic format. Text shall be in the latest version of Microsoft Word. Tables shall be in Excel Spreadsheet format. Alternate formats may be used if approved, in writing, by the Contracting Officer.

XIII. ADVANCE UNDERSTANDING

Proposals and/or cost estimates prepared and submitted in response to any request under this contract shall be at no cost to the government.

XIV. WARRANTY

The contractor shall guarantee the workmanship against defects in work and material that might occur for a minimum of one year. This shall include all labor and parts at no additional cost to the government.

If during this warranty period, defective workmanship, materials, or equipment are identified by the government, the contractor will be notified, in writing, as to liability and responsibility for corrective action at no cost to the government. Action may include but is not limited to placing all work into satisfactory condition (without design defect) and making all deliverables conform with ABMC Standard Exhibit Planning, Design and Fabrication Specification.

Should the contractor fail to proceed with work in accordance with the guarantee within seven calendar days from the notice of corrective action(s), the government will have such work performed at the expense of the contractor.

In no event will the government be responsible for any extension or delays in the scheduled deliverables or periods of performance under this contract as a result of the contractor’s obligations to correct defects, nor shall there be any adjustment of the delivery schedule or period of performance as a result of the correction of defects unless provided by a supplemental agreement with adequate consideration.

If the government returns any work to the contractor for correction or replacement under this contract, the contractor shall be liable for transportation charges up to an amount equal to the cost of transportation by the usual commercial method of shipment from the place of delivery specified in the contract (irrespective of the F.O.B. point or the point of acceptance) to the contractor’s plant and return to the place of delivery specified in the contract.