1449_NGA-RFP-13-0052.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE 17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITON IS

UNRESTRICTED OR

NAICS:

SIZE STANDARD:

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL

BUSINESS

8(A)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

Encl. Attachment 1, Attachment 2, Attachment 3

May 21, 2013: (RFP Release Date)

To: Interested Offerors:

RE: Request for Proposal – National Gallery of Art High Voltage Electrical Preventative Maintenance

RFP Reference Number: NGA-13-RFP-0052

To Interested Offerors:

The National Gallery of Art (Gallery) intends to secure a contract with a qualified contractor to provide preventive maintenance for the high voltage electrical, located at the National Gallery of Art, Sixth Street and Constitution Avenue NW, Washington, DC. Please accept this invitation to submit a proposal for this work. We have used the Uniform Contract Format (UCF) to facilitate the preparation of this Request for Proposal (RFP) and to direct the interested parties through the proposal process.

Attachment 1 includes Sections A-J and Exhibits of the UCF. Together these sections comprise complete contractual agreement (a “pro forma contract”) for the work. They contain the pricing/fee structure, the description the work and the Gallery’s terms and conditions for doing business. We expect to enter into a final contract for this work on terms that are the same as (or substantially similar to) those provided in the pro forma contract.

Attachment 2 includes Section K of the UCF. Section K contains representations and certifications and other statements of offerors upon which the Gallery will rely in entering into the final contract for this work. Offerors must submit the information requested in this section to the Gallery with your proposals and that information will be incorporated by reference into the final contract.

Attachment 3 includes Sections L-M of the UCF. Section L contains solicitation provisions and/or other information and instructions designed to guide offerors in the preparation of proposals. Section M contains the evaluation factors that the Gallery will use to evaluate proposals.

It will be helpful for you to acknowledge that you have received this RFP package and that you are the person who will serve as your firm’s point of contact with regard to it. Please do so by responding in e-mail. Thank you in advance for your attention to detail in preparing your firm’s proposal. Any and all questions regarding this RFP should be addressed to me at db-gilson@nga.gov or (202) 842-6344.

If you have any question regarding this RFP, I may be reached on (202) 842-6344.

Sincerely, Denise Borjon Gilson Contract Specialist

Pro forma Contract Attachment 1

Request for Proposal (RFP) Reference Number: NGA-RFP-13-0052

High Voltage Electrical Preventative Maintenance

RFP, Attachment 1

Pro forma Contract pro forma Contract

Request for Proposal (RFP): NGA-13-RFP-0052 High Voltage Electrical Preventative Maintenance RFP, Attachment 1 May 21, 2013

Pro forma Contract

CONTRACT

This Contractual Agreement (the “Contract”) (ref no. [Gallery Fill-In]) is made as of [Gallery Fill-In]) (the “Effective Date”) by and between the National Gallery of Art (the “Gallery” or “NGA”) and (The “Contractor”) Located (____) (each a “Party” and together the “Parties”). The Parties, by their respective duly authorized representatives, have caused this Contract to be executed on the date shown on the form identified under Section A, hereto. The Parties agree as follows:

PART I. The Schedule

SOLICITATION OR CONTRACT FORM

A.1. Form. The SF 1449 form is hereby incorporated into this Contract.

A.2. Definitions. The defined terms in Exhibit 1 are hereby incorporated into this Contract.

SECTION B. SUPPLIES OR SERVICES & PRICES OR COSTS

B.1. Brief Description of the Work. The Contractor shall provide all labor, transportation, equipment, materials, expertise, tools, supervision and management required to provide complete maintenance, repair, inspection and testing for existing high, medium, and low voltage electrical equipment located in the East Building, West Building, Connecting Link and Sculpture Garden Pavilion at the National Gallery of Art, located at Sixth Street and Constitution Avenue NW, Washington, DC 20565-0001. The Contractor shall furnish all supplies and services necessary to perform in an efficient and effective manner set forth in Section C: Statement of Work, and elsewhere in this Contract.

B.2. Contract Type. As further described under this Section and under Section F, hereto, this Contract has a Base Year and four (4) Option Years. This contract is a firm-fixed price component in accordance with the Federal Acquisition Regulation, Subpart 16.2 and Time-and-Material component FAR subpart 16.6.

B.3. Firm Fixed Price Component.

A. Fixed Price Compensation. The Gallery shall compensate the Contractor for the maintenance, repair, inspection and testing for the electrical equipment task defined herein on a firm fixed price bases. As consideration for successful accomplishment of all the services as described in the statement of work for the Base Year the Gallery will pay to the Contractor $[Vendor Fill-In], which fee shall not increase by more than 3% per annum for the labor hour rate for each Option Year made part of the Contract. The Payments under this clause are hereafter referred to as the “Maintenance Annual Fee”.

Contract line Item Numbers (CLIN): 0001, through 40001, shall be provided to the Gallery for the base and option years on a FFP basis in accordance with the prices established in the CLIN scheduled provided in B.6 Labor-hour categories and Pricing Amounts. The contractor shall complete the attached pricing schedule excel spreadsheet in the attached Exhibit 2.

B. Performance Based Payments. FAR Clause No. 52.232-32 Performance-Based Payments (AUG 2010) is incorporated into this Contract by reference and shall constitute part of this Contract as if fully set forth herein. In accordance with 52.232-32, each PMIS Annual fee shall be paid to the Contractor in finance Payments (each a “Performance based Payment’ or Installment’), with each Installment paid upon successful accomplishment of the milestone listed in Exhibit 2A. The contractor shall complete the attached Performance Based Payment and Milestones Matrix in the attached Exhibit 2A.

B.4. Time and Materials Component

A. Service Calls. The Gallery shall compensate the Contractor for Routine and Emergency Service Calls on a time-and-materials basis in accordance with FAR Clause No. 52.323-7 Payments Under Time-and-Materials and Labor-Hour Contracts (Aug 2005) (Alternate I Mar 2000) which is incorporated into the Contract by reference and shall constitute part of this Contract as if fully set forth herein. In the Base Year, the rates charged shall be the fully loaded labor hour rates set forth below, which rates shall not increase by more than 3% annum for each Option Year made part of this Contract. However, the Gallery will compensate the Contractor for time expended while on the job site at the Gallery.

B. The T&M services, includes Emergency Services Calls, After Regular Working Hours, Weekend and Holidays are specified in Section C of the contract. Response coverage is 24 hours a day, seven days a week. The quantity for these CLIN Items as identified in Exhibit 2 are Government estimates and are for evaluation purposes only.

C. The emergency and routine services based on the Time-and-Material component of this contract shall be ordered on an as needed basis by the COR. Any remaining T&M obligated funds at the end of each option year shall be de-obligated.

The not to exceed amount per year of under the T&M $________ (Vendor Fill-in). The Contractor shall notify the Gallery when the not-to-exceed amount has exceeded 85% of the ceiling price.

D. The T&M minimum and maximum ceiling price not to exceed amounts for the Service Call Ceiling Price is hereby established for all labor and material under this contract, which pursuant to FAR Clause No. 52-232-7 the Contractor exceeds at his own risk.

The minimum amount that NGA will order of the life of this contract, including all option periods is $100.00. The maximum amount that NGA will order over the life of this contract is $_______, (Vendor Fill-In). This section is based off the calculation of Section B.8 & B.9 and Exhibit 2 Item No. 002 for material and labor) which includes the Base Year and all option years.

B.5. Labor-Hour Categories and Pricing Amounts. The contractor shall prepare and submit a fully burdened fixed hourly rate as shown in B.6 Labor Rate Pricing Table, for the base period and each option year. The following information shall be included:

1. Names of all personnel anticipated to be utilized in the execution of the work specified within this solicitation.

2. The discipline or labor category for each individual listed.

3. Additional disciplines or labor categories anticipated to be employed in the execution of the work specified within this solicitation.

4. The fully burdened fixed hourly rate for each labor category or individual listed and each option year. (Hourly rates include wages, overhead, general and administrative expenses, and profit for each category of labor). The rates shall not increase more than 3% annum for each Option Year.

5. The Contractor shall provide this information for all subcontractors’ that are anticipated to be utilized in the performance of the SOW.

6. On a separate sheet, provide the actual labor hour and fringe amount the Contractor will pay the employee.

B.6. Labor for Service Calls: All labor attributed to each service call shall include only time actually expended by the Contractor while on the job site and/or in the procurement and transport of required materials. Travel time to and from each service call is not reimbursable.

B.7. Emergency Service. The Gallery estimates that sixteen (16)-labor hours for emergency calls may be required for each contract year. The total estimate not to exceed materials cost is $1,000.00. Labor attributed to each service call shall include only time actually expended by the Contractor while on the job site and/or in the procurement of required materials. The contractor is to complete the labor hour in Section 002AA on the Price Schedule Exhibit 2.

B.8. Routine Service. The Gallery estimates that sixteen (16)-labor hours for routine service calls may be required for each contract year. The total estimate not to exceed materials cost is $1,000.00. Labor attributed to each service call shall include only time actually expended by the Contractor while on the job site and/or in the procurement of required materials. The contractor is to complete the labor hour in Section 002AB on the Price Schedule Exhibit 2.

SECTION C. DESICRIPTION / SPECIFICATIONS / WORK STATMENT

C.1. Statement of Work. The Statement of Work provided as Exhibit 3 herein is hereby incorporated into this Contract. The Contractor shall, at no cost to the Gallery other than as expressly provided herein, timely perform the services and deliver orders, and other materials required by the Statement of Work.

C.2. Preventive Maintenance, Inspection & Services (PMIS) Requirement Check List. The PMIS as provided as Exhibit 3A herein is hereby incorporated into this Contract. The Contractor shall coordinate with the COR and develop the PMIS Requirement Check list within 10 calendar days from award and provide the CO and COR a copy.

C.3. Electrical Equipment Inventory List. The equipment summary provided as Exhibit 3B is incorporated into this Contract.

Contractor shall develop the check list within 10 working days from award.

C.4. Security Specifications. Security Requirements. The document titled Section 01 3553 Security Requirements (‘NGA Security Requirements’) is annexed hereto as Exhibit 3C and its contents expressly incorporated herein. See Section H.6 for additional information.

C.5. Safety Specifications. The specification document titled Section 01 3523 - National Gallery of Art Safety Requirements (‘NGA Safety Requirements’) is annexed hereto as Exhibit 3D and its contents expressly incorporated herein. See Section H.5 for additional information.

SECTION D. PACKAGING AND MARKING.

D.1. Marking. All information and submittals, including forms, reports, and other materials provided to the Gallery shall be clearly marked with the contract number as follows:

NGA Contract Number: [To Be Determined] Project Name: High Voltage Electrical Preventative Maintenance

D.2. Packaging and Packing

The contractor shall package and pack materials in such a manner that will ensure delivery, storage, and handling of products using methods that will prevent damage, loss, and theft, e.g.: individually wrapped from manufacture, plastic bag, boxes, etc.

SECTION E. INSPECTION AND ACCEPTANCE

E.1. Standard of Care. The standard of care shall be of the highest professional standards applicable to those specializing in providing services and work of the specific type, scope, and complexity required hereunder.

E.2. Quality Assurance and Control

A. The Contractor shall be responsible for performing all quality assurance oversight, inspections and test necessary to substantiate that the products or services furnished conform to the standard of care. The Contractor shall develop a preventive maintenance inspection and service requirement check list as described in section C.3

B. Gallery Quality Assurance: The Gallery’s Quality Assurance Surveillance Program is not a substitute for quality control by the Contractor. Findings of unsatisfactory or non-performed work will be documented and a Quality Deficiency Service Report (Exhibit 8) will be issued to the Contractor. All costs associated with rework shall be the responsibility of the Contractor. The Gallery reserves the right to choose the inspection methods to be used in the implementation of the Quality Assurance program and to vary the inspection methods utilized during the performance of work without notice to the Contractor.

C. Contractor Quality Control Program: The Contractor shall prepare and maintain a Quality Control Program (QCP) to ensure that work performed herein conforms to contract requirements. The Contractor’s QCP shall be submitted to the COR for review and approval within ten (10) working days following contract award. The COR will review the QCP and provide comments to the Contractor within five (5) working days following receipt of the plan. The Contractor shall finalize the QCP within five (5) working days following receipt of the comments. In the event that an agreement cannot be reached, the Gallery reserves the right to direct the QCP.

i) Where practicable, the date of installation of replacement parts and equipment shall be written or otherwise affixed to said item.

ii) For each discrete piece of equipment, the Contractor shall indicate the date of each PM completion. This may be done in the most efficient and appropriate manner for the equipment and location, such as attaching a paper tag to the equipment, maintaining a nearby log book, etc.

E.3. Defects. In no event shall the Gallery’s approval of the products and services excuse the Contractor from providing revisions to such products or re-performance of such services at no cost to the Gallery provided that the purpose of such revisions or re-performance is to correct defects caused by the Contractor.

E.4. The Contracting Officers Representative (COR) named herein is responsible for the inspection and acceptance of all work performed under this contract, including deliverables. In the event the deliverables or services provided are determined to be unacceptable, the COR will provide the Contractor with information on requirements for the correction.

E.5. Formal Deliverable Acceptance. Submissions identified in this Contract using the term “deliverable” “submission” or a similar term (collectively, the “Formal Deliverables” “Delivery Order” ) will undergo formal acceptance by the Gallery based on the following acceptance criteria: it conforms to the agreed standard of care and satisfies the objectives and stipulated contract requirements, it reports achievement of the specified test for any test required hereunder, and satisfies any criteria specified herein or otherwise mutually agreed prior to its submission.

E.6. The Contractor shall provide each Formal Deliverable to the Gallery on a timely basis at the times specified in this Contract. Any Formal Deliverable provided to the Gallery on a timely basis will be accepted or rejected in writing by the Gallery within ten (10) business days of its receipt (unless a different time period is specified elsewhere in this Contract). The Gallery will have the right to reject or require correction of any deficiencies found in the Formal Deliverables. After receiving Gallery feedback, the Contractor will have five (5) business days (unless a different time period is specified elsewhere in this Contract) to revise the deliverable pursuant to the Gallery’s feedback (or provide reasons why the feedback should not be incorporated) and resubmit the final deliverable to the Gallery for approval. After this final submission, the Gallery will have ten (10) business days to approve the final submission (unless a different time period is specified elsewhere in this Contract). The work for any Formal Deliverable shall continue until the Gallery agrees in writing that acceptance criteria for that submission are satisfied, or in its sole discretion, the Gallery in writing approves that submission “as noted”, requiring the Contractor to complete the items noted on or by the date indicated in the approval.

SECTION F. DELIVERIES OR PERFORMANCE

F.1. Deliverables

The following Formal Deliverables are due on the dates indicated:

Deliverables Due Proposal Monday, July 8, 2013 Quality Assurance & Quality Control Plan 10 working days from award.

Safety Plan 10 working days from award.

Insurance Information 10 working days from award.

License, Permits. & Certification 10 working days from award.

PMIS Requirements Check List 10 working days from award.

Security Forms 15 working days from Notice to Proceed & 7 days prior to commencement of work.

Hot Work Permit Within 24 hours in advanced of work requiring a Hot Work Permit MSDS 10 working days from award, prior to intended use Thermographic Inspection Report 14 days after inspection

Final Report 30 calendar days after completion of required maintenance and testing PMIS Schedule 10 working days from award PMIS Records 5 working days from award Work Completion Reports 2 working days after each occurrence of service.

Testing Reports 60 working days from award.

Collective Bargain Agreement Due with proposal Subcontracting Plan Due with proposal

F.2. Place of Performance. Work under this Contract will be performed at the National Gallery of Art located at Sixth Street and Constitution Ave NW, Washington, DC 20565-0001.

F.3. Period of Performance. This Contract shall govern the relationship between the Parties during the term unless this Contract is terminated on an earlier date. The term shall commence on October 1, 2013, and shall expire (1) year thereafter on the first anniversary thereof (‘Base Year’). Thereafter, The Galley may, at its sole discretion, extend the term, for four (4) successive periods of one (1) year each (‘Option Years’), in accordance with FAR Clause No. 52.271-9 The Option to Extend the Term of the Contract is set forth in its full text in Section I. Options may be exercised via contract modification (SF-30). The Gallery may at its sole discretion, extend the term for five (5) additional one-year option periods for exceptional performance and outstanding customer services without additional competition.

Base Period: 10/01/2013 – 09/30/2014 Option Year 01: 10/01/2014 – 09/30/2015 Option Year 02: 10/01/2015 – 09/30/2016 Option Year 03: 10/01/2016 – 09/30/2017 Option Year 04: 10/01/2017 – 09/30/2018

Incentive:

Option Year 05: 10/01/2018 – 09/30/2019 Option Year 06: 10/01/2019 – 09/30/2020 Option Year 07: 10/01/2020 – 09/30/2021 Option Year 08: 10/01/2021 – 09/30/2022 Option Year 09: 10/01/2022 – 09/30/2023

F.4. Incentive. As an incentive, and at the discretion of the Contracting Officer, and contingent upon a continuing need for the service, and the availability of funds, the NGA may award the Contractor five (5) additional one-year option periods for exceptional performance and outstanding customer service without additional competition. Exceptional service examples included but not limited to excellence in the areas of cost, schedule, and technical performance in addition, the following quality of service and product examples:

Compliance with Contract Requirements Accuracy of Reports Effectiveness of Personnel Technical Quality Responsiveness to Technical Direction Anticipating and Controlling Price Increases Providing Current, Accurate and Complete Billings Meeting Milestones/Delivery Schedules/Deadlines Effective Management, Including Subcontractors Reasonable, Cooperative Behavior Quick Notification of Problems and Potential Problems Presentation of Reasonable Resolutions to Problems Willingness/Ability to Accommodate Changes to the Gallery’s Requirements

Commitment to Customer Service

The Contracting Officer will request the Contractor submit a new pricing proposal, if the incentive options years are awarded.

F.5. Period of Operation. For work performed at the Gallery, all work must be performed Monday through Friday between the hours of 6:00AM and 5:00PM, unless otherwise agreed to by the Gallery and except for Federal Holidays as specified herein in F.6.

F.6. Work Outside Regular Working Hours. Unless specified otherwise, work indicated herein shall be performed during normal Gallery working hours. If the Contractor desires to work after normal Gallery working hours, Saturday, Sundays, or holidays, the Contractor shall submit a written request to the COR at least five (5) business days prior to the performance of such work for review and approval. The Contractor shall not receive any additional compensation for after-hour work performed at his/her discretion.

All PMIS and Service Call work, that will affect normal gallery operations, shall be performed after normal Gallery working hours between 5:00PM and 12:00AM. Request for after hours work shall be submitted to the COR a minimum of five (5) business days prior to the performance of such work.

Any recurring work that may impact the safety of Gallery staff and/or visitors or may disrupt the mission of the Gallery shall be performed after normal working hours if required by the COR. The Contractor shall be compensated for after-hours work performed at the Gallery’s request. Service calls, as indicated herein, may be performed outside of normal working hours if required by the classification of the work.

F.7. The Gallery is “locked-down” between the hours of 12:00 midnight to 6:00AM; consequently, the Contractor will not be allowed access to Gallery spaces during this period.

F.8. Government Holidays. The Gallery observes the following government holidays:

New Year’s Day January 1 Birthday of Martin Luther King, Jr. Third Monday in January Washington’s Birthday Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25

Holidays falling on Saturdays are observed on the preceding Friday, while those holidays falling on Sundays are observed on the Monday following the holiday. The Contractor shall comply with the aforementioned Government holidays and any other day designated by Federal Statute, Executive Order, or Presidential proclamation. Gallery offices are closed to the Contractor’s staff on the day(s) these holidays are observed. In addition, work shall not be required of the Contractor when Federal employees are released from work early due to inclement weather conditions or when Federal offices are closed due to inclement weather conditions. The COR will notify the Contractor when early release of Federal employees has been authorized.

F.9. Approval of Subcontractors. In order to maintain the high level of workmanship that is required under this Contract, subcontractors or consultants required by the Contractor for contract performance will be limited to individuals or firms identified in this Contract, if any. The Contractor must provide advance written notice to the Gallery and seek the Gallery’s written consent before subcontracting any other work under this Contract. The Gallery reserves that right to revoke its consent to subcontract to any firm if the Gallery has determined such revocation is required to protect the Gallery adequately because of among other things, performance, professionalism, safety or security issues or similar issues.

F.10. Notice of Delay. In the event that conditions arise which are likely to cause, or are actually causing delays, or which the Contractor believes may result in a delay, the Contractor shall notify the Contracting Officer in writing of the effect and shall state in what respects, if any, the identified issues are causing in the delay. The Contractor shall include the revised delivery date.

Notwithstanding, revisions to the approved time schedule shall only be made with the approval of the Contracting Officer.

F.11. Excusable Delays. The Contractor will be allowed time, not money, for excusable delays as defined in 52.249-8, Default (Fixed- Price Supply and Service) (1984). Examples of such cases include (l) acts of God or of the public enemy, (2) acts of the United States Government in either its sovereign or contractual capacity, (3) acts of the government of the host country in its sovereign capacity, (4) acts of another contractor in the performance of a contract with the Government, (5) fires, (6) floods, (7) epidemics, (8) quarantine restrictions, (9) strikes, (l0) freight embargoes, (11) delays in delivery of Government furnished equipment and (12) unusually severe weather. In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor, and the failure to perform furthermore (1) must be one that the Contractor could not have reasonably anticipated and taken adequate measures to protect against, (2) cannot be overcome by reasonable efforts to reschedule the work, and (3) directly and materially affects the date of final completion of the project.

F.12. Post Award Conference. A post award conference will be held 10 days, after contract award at the National Gallery of Art, 601S. Pennsylvania Ave, NW Suite 300, Washington DC, 20004-2601 to discuss the submittals, specifications, notice to precede, security and safety, and other related contract issues that affect the progress under this contract.

F.13. Safety Plan. The Contractor shall prepare and submit a Safety Pan to ensure work performed conforms to contract requirements.

The Contractors’ Safety Plan shall be submitted to the COR for review and approval within ten (10) working days following contract award. The COR will review the Safety Plan and provide comments to the Contractor within five (5) working days following receipt of the plan. The Contractor shall finalize the Safety Plan within five (5) working days following receipt of the comments. In the event that an agreement cannot be reached, the Gallery reserves the right to direct the Safety Plan.

F.14. Insurance Information. The Contractor must submit certificates of insurance and insurance policies to the Contracting Officer for review and approval within ten (10) business days from the date of execution of the contract by the Contracting Officer. Insurance requirements for this contract are delineated in Section H and FAR clause 52.228-5, entitled “Insurance—Work on a Government Installation”.

F.15. The Contractor shall provide all labor, materials, and equipment required for the protection of Gallery staff, visitors, equipment, furnishings, buildings, and grounds from damage caused by Contractor negligence. Gallery equipment, furnishings, buildings, and grounds damaged by the Contractor shall be repaired or replaced to original condition at no additional cost to the Gallery.

SECTION G. CONTRACT ADMINSTATION DATA

G.1. Contract Management. The following individuals will be the Gallery’s points of contact during the performance of the Contract.

A. The Contractor is hereby put on notice that in the event a Gallery employee other than the Contracting Officer (CO) directs a change in the work to be performed or increases the scope of the work to be performed, it is the Contractor’s responsibility to make inquiry of the CO before making the deviation.

B. 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. 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, 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 conformance, as well as contract terminations for convenience or default.

C. Denise B. Gilson is hereby designated as the CO. The Government without prior notice may change the CO at any time 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. The CO’s contact information is identified below:

Name:

Denise Borjon Gilson

Title: Contract Specialist Location Address:

National Gallery of Art 601 Pennsylvania Avenue, NW South Building –Suite 300 – Room Washington, DC 20004

Mailing Address:

2000B South Club Drive Landover, MD 20785

Voice: (202) 842-6344 Fax: (202) 312-2792 Email: db-gilson@nga.gov

G.1. 2. Contracting Officer’s Representative (COR).

A. The COR 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 CO’s letter of designation shall be issued to the COR with a copy furnished to the Contractor, stating the responsibilities and limitations of the COR. This letter shall clarify to all parties of the contract the responsibilities of the mailto:db-gilson@nga.gov

COR. The duties of the COR 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.

B. The COR 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 as a result of technical discussions it is desirable to alter/change contractual obligations within the Scope of the Work or Specifications the CO shall issue such changes in writing.

C. Bryan Allen is hereby designated as the COR. The Government without prior notice may change the COR at any time to the Contract, but notification of the change, including the name and address of the successor COR, shall be promptly provided to the Contractor in writing. The COR’s contact information is as follows:

Name: Bryan Allen Title: Electrical Engineering Technician Location Address:

National Gallery of Art - Facilities Management (AFM-EN) 601S Pennsylvania Ave, NW Washington, DC 20565-0001

Mailing Address:

2000B South Club Drive Landover, MD 20785

Voice: (202) 312-2726 Fax: (202) 842-789-3034 Email: b-allen@nga.gov

G.2. Invoice Requirements.

A. Submit To. All invoices shall be addressed as indicated below. Invoices submitted via email is the preferred method.

• William Burns, Deputy Chief of Engineering at w-burns@nga.gov

B. Courtesy Copy invoices to the following individuals:

• Bryan Allen at b-allen@nga.gov

• Denise Gilson at db-gilson@nga.gov

C. If email is not available, the invoice shall be addressed as indicated below:

Name: William Burns Title: Deputy Chief of Engineering Mailing Address:

2000B South Club Drive Landover, MD 20785

Voice: (202) 789-3183 Fax: (202) 789-3034

D. Proper Invoice. To constitute a proper invoice, each invoice submitted shall include the following information and/or attached documentation:

a. Name and address of the Contractor.

b. Invoice date and number.

c. Contract number.

d. Description, price, and quantity of services/supplies actually rendered/delivered.

e. Delivery date or Period of Performance covered by the invoice

f. Payment Terms.

g. 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.

mailto:b-allen@nga.gov mailto:w-burns@nga.gov mailto:b-allen@nga.gov mailto:db-gilson@nga.gov

h. Name, title, phone number, and mailing address of contact person to be notified in the event of a defective invoice.

i. Other substantiating information or documentation as required by the contract.

j. The following statement on the first page of each original invoice:

COR’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.

COR Signature Date

E. Duplicate Payments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the

Gallery has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer in writing and request instructions for disposition of the overpayment.

F. The final invoice shall be marked “FINAL INVOICE” and sent to the Contracting Officer for processing and Contract

Closeout.

G. Method of Payment. Payment will be made by Electronic Funds Transfer (EFT) and the Government Purchase Card for service and emergency orders only. The Contractor shall provide his/her EFT information to the following address (the “Payment Office”):

Attn: National Gallery of Art

General Accounting (TGA) 2000B South Club Drive Landover, MD 20785

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1. Disclosure of Gallery Information. The Contractor assumes responsibility for protection of the confidentiality of Gallery information that is made available to the Contractor, its employees and agents, in the course of performing the work contracted for hereunder or any information developed by the Contractor pertaining to the Gallery’s business affairs or security matters (collectively, the “Confidential Information”). Confidential Information shall be used only for the purpose of carrying out the work and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the work and shall be returned to the Gallery as soon as it is not necessary in the performance of the work, or at any time upon the Gallery’s request. The foregoing restriction does not apply to any information (a) received by Contractor from third parties without restriction, or (b) in the public domain. The Confidentiality Non-Disclosure is annexed hereto as Exhibit 4 and incorporated into this Contract as an integral part hereof.

H.2. Publicity. The Contractor shall not use the name of the Gallery, its seal, logos or designs, images of the Gallery's exterior or the interior, or any elements thereof, including images of artwork owned by or on the premises of the Gallery, for any reason or in any media without the Gallery's prior written approval; provided, however, that the Contractor shall have the right to use the Gallery’s name in instances required by law. The Gallery may, at any time, in its sole discretion, without cause, revoke any permission granted under this clause.

H.3. NGA Restrictions & Regulations: Compliance with Gallery Rules. The Contractor and his employees shall observe all rules and regulations issued by Exhibit 5 and incorporated into this Contract as an integral part hereof.

H.4. Rules and Regulations: The contractor shall be responsible for adherence to all applicable Gallery rules and regulations. Failure to inspect the site or obtain knowledge of the Gallery’s security and safety rules and regulations shall not relieve the Contractor from performing the contracted work or complying with the security and safety rules and regulations.

H.5. Safety Consequences for Violations

A. Safety Requirements. The document titled Section 01 3523 - National Gallery of Art Safety Requirements (‘NGA Safety

Requirements’) is annexed hereto as Exhibit 3D and its contents expressly incorporated herein. The Contractor shall strictly adhere in all respects to the requirements and constraints set forth in NGA Safety Requirements, including but not limited, those relating to:

1. Federal, local safety, health and environmental regulations related to safety

2. Contractor’s Safety Plan Submittal

3. Construction Restrictions

4. Hazardous Materials

5. Hot Work (Exhibit 7)

6. Compressed Gasses

7. Fire Alarm/ Fire Suppression Outage Procedures

8. Utility Outage Procedures

9. Lockout-Tagout

10. Contractor’s Safety

B. AFM Directive 305. Prior to performing service or maintenance on any equipment where the unexpected energization, startup, or release of stored energy could occur and cause injury, the equipment shall be isolated and rendered inoperative through the use of a lockout device whenever the equipment is capable of being locked-out. Lockout/tagout of energy isolating devices shall be performed in strict accordance with AFM Directive No. 305 (Exhibit 6).

C. Any product used in conjunction with this contract shall require Gallery acceptance. The Contractor shall submit a list of the proposed products, including appropriate Materials Safety Data Sheet(s) (MSDS), or accepted equal to OSHA Form No. 20, quoting activity hazard data and chemical components; frequency, timing, application or dosing method, and quantity of chemical to be used; location of chemicals during use; and location and quantity of excess chemical at least ten (10) working days prior to intended use. No toxic or hazardous materials will be permitted on Gallery property without written authorization from the COR and AOP.

D. A listing of toxic and hazardous materials and substances used at the Gallery is located in the AOP office. The

Contractor shall be responsible for viewing this list to become familiar with toxic and hazardous materials and substances that may be present at the work site.

E. The Contractor shall provide proper storage provisions for any dangerous, flammable, or corrosive materials kept on site, as approved by the COR and the Gallery Safety Officer.

F. The Contractor shall meet with the COR and AOP prior to disturbing any toxic or hazardous materials encountered at the site.

G. The Contractor shall prevent exposure to Gallery employees/visitors and Contractor personnel from inhalation, absorption, or contact with any material or substance at concentrations exceeding levels specified in the American Conference of Governmental Industrial Hygienists “Threshold Limit Values and Biological Exposure Indexes, 7th Edition” and Subpart Z – Toxic and Hazardous Substances of the Occupational Safety and Health Standard (29 CFR 1910). This document is available from: ( http://www.acgih.org/store/ProductDetail.cfm?id=652)

H. The comparable OHSH Standard is available at:

(http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=191 0.)

I. The Contractor shall monitor the use of all toxic and hazardous substances to ensure specified exposure limits are not exceeded.

J. The Contractor shall conduct work in accordance with U.S. Army Corps of Engineers EM 385-1-1, “Safety and Health

Requirements Manual” (current edition). This document may be purchased from the Superintendent of Documents, U.S.

Government Printing Office, Washington, DC, 20404. Alternatively, this document is available free at (http://federalconstruction.phslegal.com/uploads/file/EM-385-1-1_2008(1).pdf) http://www.acgih.org/store/ProductDetail.cfm?id=652 http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=1910 http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=1910 http://federalconstruction.phslegal.com/uploads/file/EM-385-1-1_2008(1).pdf

K. If the Contractor fails to comply with the safety requirements set forth herein or performs work in a manner which poses serious or imminent danger to the health and/or safety of Gallery personnel or visitors, the COR or authorized representative will provide immediate notice to the Contractor to take immediate corrective action.

H.6. Security & Consequences for Violations

A. Security Requirements. The document titled Section 01 3553 Security Requirements (‘NGA Security Requirements’) is annexed hereto as Exhibit 3C and its contents expressly incorporated herein. The Contractor shall strictly adhere in all respects to the requirements and constraints set forth in the NGA Security Requirements, including but not limited, those relating to:

1. Regulations related to Safety

2. Use of Premises

3. Field Personnel

4. Electronic Security and Detection Systems

5. Hot Work (Exhibit 7)

6. Occupancy Requirements

B. All Contractor personnel performing work in Gallery spaces must receive a security clearance from the Gallery’s

Administrative Office of Protection Services (AOP). The Contractor follow the direction provided in Section 01 3553 – Security Procedures.

C. AOP will perform a background security check on each employee of the Contractor proposes to work in the Gallery spaces. The Gallery’s mission and potential for risk in the permitting access to secured areas, there is no guarantee that security clearance will be issues to Contractor employees. The Gallery reserves the right to the following:

1. Deny clearance to any specific employee of the Contractor at the Gallery’s discretion, based on results of the required background checks.

2. Deny access to Galleys area during times when the Gallery is closed and to non-public areas.

3. Revoke an issued ID badge, if circumstances warrant such an action.

4. The Contractor agrees to accept the Gallery’s determination regarding security clearances and by signing the

Contract, waives any right to challenge the NGA’s decision to reject any specific employee of the Contract.

D. Background Checks-Security Forms: 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 COR 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.

E. Contractor personnel shall be issued a “Contractor” badge at the beginning of each work period. This badge shall be worn in a visible manner at all times and returned to the security officer when signing out at the end of each work period.

Contractor personnel shall be responsible for reporting lost or misplaced “Contractor” badges; failure to report missing badges will delay personnel from entering Gallery spaces.

F. Contractor personnel will be escorted by AOP security officers at all times while on Gallery property. Escorts will be provided at no additional cost to the Contractor. The contractor shall notify the COR of planned service visits no later than 10:00 am the day prior (or before 10:00 am Friday for work to be performed on Monday) to allow for the coordination of an escort.

G. Contractor personnel shall enter and exit the Gallery at the West Building Service Entrance located on Constitution

Avenue between 4th and 6th Streets, NW. All Contractor personnel shall sign-in and sign-out at the guard desk for gaining admission to and exiting Gallery spaces.

H. Contractor personnel entering NGA buildings with personal property, including tools and equipment, will be issued a Gallery property pass signed by a Gallery authorized representative. The property pass will be required in order to exit the building with personal property.

I. The Gallery’s designated work hours for Contractor activities are Monday through Friday between the hours of 6:00 AM and 5:00 PM.

J. When work must be performed prior to or later than the hours designated herein, the Contractor shall submit a written request at least three (3) working days prior to the performance of that work to the COR for required access.

K. The Contractor hereby represents and warrants that it fully understands and will comply with each and every requirement and constraint set forth the NGA Safety Requirements and in the NGA Security Requirements documents.

L. If the Contractor fails to comply with the safety or security requirements set forth therein, or elsewhere in this Contract, or otherwise performs work in a manner which poses serious or imminent danger to Gallery property or to the health or safety of Gallery personnel or visitors, Gallery the reserves the right to:

1. Immediately (without a cure period) terminate this Contract for default, which may result significant monetary damages levied against the Contractor; or

2. Immediately suspend any or all of the work, as instructed by any AOP employee, which suspension may result in downward equitable adjustment in the contract price, pending the result of an investigation into the incident; reserving the aforesaid right to terminate this Contract for default at a later date.

H.7. Security Badges.

A. Contractor-badges. The Gallery, thorough the Office of Protection Services (AOP), issues non-employee identification badges (“Contractor-badges”) for reasons relating to the promotion of safety and security. Contractor-badges include a color photograph of the individual, his or her full name, and a designation to indicate that the individual is a Contractor.

B. Responsibilities. It is the responsibility of the Contractor to maintain accountability of Contractor-badges issued to its employees, subcontractors and others under the control of the Contractor and to ensure that all such individuals (collectively, “Badge Holders”) comply with these provisions. Where a Non-employee Badge is issued, the Badge Holder is required to display the badge to identify themselves and their association with the Gallery at all times while on the Gallery grounds and premises. When not on the Gallery grounds and premises, the Badge Holder must take all reasonable precautions, and such other actions as may be directed by the Gallery, or in the absence of such direction, in accordance with sound business practice, to safeguard and protect the badge.

C. Loss. Badge Holders must report the loss or theft of a Non-employee Badge to the COR as soon as possible and in any event no later than one (1) hour of discovery. Badge Holders must file an incident report with AOP within three (3) business days of the discovery and in any event before a replacement may be issued.

D. Return. Contractor-badges remain the property of the Gallery. The Contractor must retrieve and return Contractor-badges to the COR immediately, if directed to do so by the COR, or within three (3) business days of when: the Contract expires or is terminated; the work under the Contract is completed; the badge expires; the badge holder ceases to perform services for which the badge was issued, no longer requires access to the Gallery grounds or premises, resigns, retires, is terminated, laid-off, on strike, or is on medical or maternity leave.

E. In cases when a Non-employee Badge is not…