NGA-14-RFP-0014.docx
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- Mechanical IDIQ 2014-2019 Federal contract opportunity
- Solicitation number
- NGA14RFP0014
- Issued by
- National Gallery of Art
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| NGA-14-RFP-0014_PRESOL.docx | DOCX document |
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NGA-14-RFP-0014 Section M
1. SOLICITATION NO.
2. TYPE OF SOLICITATION
3. DATE ISSUED
PAGE OF PAGES
4. CONTRACT NO.
5. REQUISITION/PURCHASE REQUEST NO.
6. PROJECT NO.
7. ISSUED BY
CODE
8. ADDRESS OFFER TO
A. NAME
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):
12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12B.)
12B. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
STANDARD FORM 1442 (REV. 4-85)
STANDARD FORM 1442
Prescribed by GSA YFAR (48 CFR) 52.236-1(d)
NSN 7540-01-155-3212
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
SOLICITATION
SOLICITATION
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR INFORMATION
CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SEALED BID (IFB)
NEGOTIATED (RFP)
11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See _____________________________.)
YES
NO
A.
Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due B.
An offer guarantee is, is not required.
C.
All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference D.
Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
NGA-14-RFP-0014
X 02-21-2014 National Gallery of Art Office of Procurement and Contracts 2000B South Club Drive Landover MD 20785 National Gallery of Art Attn: David Reindl, APC 2000B South Club Drive Landover MD 20785 David Reindl
(202) 842-6515 This contract for mechanical services is an indefinite delivery, indefinite quantity (IDIQ) vehicle with the attached schedule, clauses, terms and conditions incororated herein by reference.
X X 52.211-10 X N/A five (5) 5:00pm ET 03-24-2014 X
)PART I - THE SCHEDULE 1
SECTION A - SOLICITATION/CONTRACT FORM 67
SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)
14. NAME AND ADDRESS OF OFFEROR
15. TELEPHONE NO.
16. REMITTANCE ADDRESS
CODE
FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER
20B. SIGNATURE
20C. OFFER DATE
21. ITEMS ACCEPTED:
22. AMOUNT
23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c)( 41 U.S.C. 253(c) (
26. ADMINISTERED BY
CODE
27. PAYMENT WILL BE MADE BY
PHONE:
FAX:
28. NEGOTIATED AGREEMENT
29. AWARD
Your Contractor agrees offer on this solicitation, is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work, requisitions identified award consummates the contract. which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.
shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED
31A. NAME OF CONTRACTING OFFICER
TO SIGN
30B. SIGNATURE
30C. DATE
31B. UNITED STATES OF AMERICA
BY
OFFER
AWARD
STANDARD FORM 1442(REV. 4-85)BACK
(Include ZIP Code) (Include area code) (Include only if different than Item 14) (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)
(Contractor is not required to sign this document.)
(Must be fully completed by offeror) (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
N/A National Gallery of Art Office of Procurement and Contracts, APC 2000B South Club Drive Landover MD 20785 National Gallery of Art Office of the Treasurer 2000B South Club Drive Landover MD 20785 X Table of Contents
| PART I - THE SCHEDULE | 1 | |
| SECTION A - SOLICITATION/CONTRACT FORM 67 | 1 | |
| SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) | 1 | |
| SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS | 1 | |
| B.1 TYPE OF CONTRACT | 1 | |
| B.2 IDEFINITE QUANTITY MINIMUM AND MAXIMUM | 1 | |
| SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK | 1 | |
| C.1 | GENERAL INTENTION | 1 |
| C.2 | GENERAL REQUIREMENTS | 1 |
| C.3 | DEFINITIONS – TECHNICAL | 3 |
| C.4 | GOVERNMENT FURNISHED FACILITIES, PROPERTY AND SERVICES | 5 |
| C.5 | CONTRACTOR FURNISHED ITEMS | 5 |
| C.6 | GENERAL ADMINISTRATIVE REQUIREMENTS | 6 |
| C.7 | PROSECUTION AND COMPLETION OF WORK | 7 |
| C.8 | DRAWINGS | 9 |
| C.9 | EXISTING WORK | 10 |
| C.10 | HAZARDOUS MATERIALS HANDELING | 10 |
| C.11 | MANAGEMENT | 10 |
| SECTION D - PACKAGING AND MARKING | 1 | |
| D.1 PACKAGING AND MARKING (DEC 2011) | 1 | |
| SECTION E - INSPECTION AND ACCEPTANCE | 1 | |
| E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE | 1 | |
| E.2 INSPECTION AND ACCEPTANCE RESPONSIBILITY | 1 | |
| SECTION F - DELIVERIES OR PERFORMANCE | 1 | |
| F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE | 1 | |
| F.2 PLACE OF PERFORMANCE | 1 | |
| F.3 PERIOD OF PERFORMANCE | 1 | |
| SECTION G - CONTRACT ADMINISTRATION DATA | 1 | |
| G.1 DESIGNATION OF NGA AUTHORIZED REPRESENTATIVES (DEC 2011) | 1 | |
| G.2 INVOICING (DEC 2011) | 2 | |
| G.3 PAYMENT (DEC 2011) | 3 | |
| G.4 RETAINAGE (DEC 2011) | 3 | |
| G.5 CORRESPONDENCE (DEC 2011) | 3 | |
| G.6 ELECTRONIC CORRESPONDENCE (DEC 2011) | 3 | |
| SECTION H - SPECIAL CONTRACT REQUIREMENTS | 1 | |
| H.1 ON RAMP (JAN 2014) | 1 | |
| H.2 ADVERTISING/PUBLICITY (DEC 2011) | 1 | |
| H.3 INSURANCE REQUIREMENTS (DEC 2011) | 1 | |
| H.4 SECURITY AND SAFETY REQUIREMENTS (DEC 2011) | 2 | |
| H.5 ACCIDENT REPORTING SERVICES (DEC 2011) | 2 | |
| H.6 INSURANCE CERTIFICATE DELIVERY (DEC 2011) | 3 | |
| H.7 KEY PERSONNEL (DEC 2011) | 3 | |
| H.8 CHANGES IN KEY PERSONNEL (DEC 2011) | 3 | |
| H.9 AUTHORIZED NEGOTIATORS (DEC 2011) | 4 | |
| H.10 HOT WORK PERMITS (DEC 2011) | 4 | |
| H.11 GRAY MARKET PROHIBITION (DEC 2011) | 4 | |
| H.12 COPYRIGHT STATEMENT--NATIONAL GALLERY OF ART ARCHITECTURAL AND ENGINEERING DRAWINGS AND SPECIFICATIONS (DEC 2011) | 5 | |
| H.13 CONFIDENTIALITY AND NON-DISCLOSURE CONDITIONS (DEC 2011) | 5 | |
| H.14 TAX EXEMPTION (DEC 2011) | 5 | |
| H.15 CONTRACTOR-BADGE REGULATIONS (MAR 2013) | 5 | |
| PART II - CONTRACT CLAUSES | 1 | |
| SECTION I - CONTRACT CLAUSES | 1 | |
| I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE | 1 | |
| I.2 52.222-6 DAVIS-BACON ACT (JUL 2005) | 1 | |
| I.3 52.222-7 WITHHOLDING OF FUNDS (FEB 1988) | 3 | |
| I.4 52.222-8 PAYROLLS AND BASIC RECORDS (JUN 2010) | 3 | |
| I.5 52.222-9 APPRENTICES AND TRAINEES (JUL 2005) | 5 | |
| I.6 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988) | 6 | |
| I.7 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (JUL 2005) | 6 | |
| I.8 52.222-12 CONTRACT TERMINATION—DEBARMENT (FEB 1988) | 7 | |
| I.9 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988) | 7 | |
| I.10 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988) | 7 | |
| I.11 52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988) | 7 | |
| I.12 52.222-16 APPROVAL OF WAGE RATES (FEB 1988) | 7 | |
| I.13 52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007) | 8 | |
| I.14 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989) | 13 | |
| I.15 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT—PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (SEP 2009) | 13 | |
| I.16 52.204-1 APPROVAL OF CONTRACT (DEC 1989) | 14 | |
| I.17 DELIVERY/TASK ORDER ISSUANCE PROCEDURES (JUN 2013) | 15 | |
| I.18 52.216-18 ORDERING (OCT 1995) | 15 | |
| I.19 52.216-19 ORDER LIMITATIONS (OCT 1995) | 15 | |
| I.20 52.216-22 INDEFINITE QUANTITY (OCT 1995) | 15 | |
| I.21 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 16 | |
| I.22 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 16 | |
| I.23 52.219-13 NOTICE OF SET-ASIDE OF ORDERS (NOV 2011) | 16 | |
| I.24 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997) ALTERNATE I (JUL 1995) | 16 | |
| I.25 52.232-18 AVAILABILITY OF FUNDS (APR 1984) | 17 | |
| I.26 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) | 18 | |
| I.27 52.245-1 GOVERNMENT PROPERTY (APR 2012) ALTERNATE I (APR 2012) | 18 | |
| I.28 52.246-20 WARRANTY OF SERVICES (MAY 2001) | 26 | |
| I.29 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 26 | |
| I.30 LOSS, DESTRUCTION OF CONTRACTOR'S PROPERTY (DEC 2011) | 27 | |
| I.31 PARTIAL INVALIDITY (DEC 2011) | 27 | |
| I.32 COMPLIANCE WITH LAWS AND REGULATIONS (DEC 2011) | 27 | |
| I.33 PERMITS AND RESPONSIBILITIES (DEC 2011) | 28 | |
| I.34 OTHER COMPLIANCES (DEC 2011) | 28 | |
| PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS | 1 | |
| SECTION J - LIST OF ATTACHMENTS | 1 | |
| PART IV - REPRESENTATIONS AND INSTRUCTIONS | 1 | |
| SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS | 1 | |
| K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JUL 2013) | 1 | |
| SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS | 1 | |
| L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE | 1 | |
| L.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 1 | |
| L.3 SUBMISSION GUIDELINES (DEC 2011) | 1 | |
| L.4 CONCISENESS AND CLARITY OF PROPOSALS (DEC 2011) | 2 | |
| L.5 ACCEPTANCE OF PROPOSALS (DEC 2011) | 2 | |
| L.6 QUESTIONS FROM OFFERORS DURING THE BIDDING PROCESS (DEC 2011) | 2 | |
| L.7 CONTRACT CLAUSES (DEC 2011) | 2 | |
| L.8 CONFIDENTIALITY (DEC 2011) | 3 | |
| L.9 AMENDMENTS TO THE RFP (DEC 2011) | 3 | |
| L.10 FALSE OR MISLEADING STATEMENTS (DEC 2011) | 3 | |
| L.11 LATE PROPOSALS (DEC 2011) | 3 | |
| L.12 VENDOR COMMUNICATIONS DURING THE SOLICITATION PROCESS (DEC 2011) | 3 | |
| L.13 IRREGULARITIES (DEC 2011) | 3 | |
| L.14 DUE DATE AND TIME (DEC 2011) | 3 | |
| SECTION M - EVALUATION FACTORS FOR AWARD | 1 | |
| M.1 TECHNICAL EVALUATION FACTOR—KEY PERSONNEL (DEC 2011) | 1 | |
| M.2 TECHNICAL EVALUATION FACTOR-- PROJECT ORGANIZATION (DEC 2011) | 1 | |
| M.3 TECHNICAL EVALUATION FACTOR—WORK EXPERIENCE (DEC 2011) | 1 | |
| M.4 TECHNICAL EVALUATION FACTOR-- PAST PERFORMANCE (DEC 2011) | 2 |
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS
B.1 TYPE OF CONTRACT
The Gallery intends to award an indefinite-delivery, indefinite-quantity (IDIQ) contract for mechanical system repair, alteration, replacement and installation, which may include hazardous material abatement, electrical, plumbing and other incidental trade work. Task orders will be awarded on a firm-fixed price or labor hours/time-and-materials basis. Potential task orders will be competed, to the maximum extent possible, among the Contractors awarded base IDIQ contracts.
FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)
B.2 IDEFINITE QUANTITY MINIMUM AND MAXIMUM
In accordance with FAR clause 52.216-22, “Indefinite Quantity,” the minimum and maximum contract amounts are set forth in the schedule below.
The minimum amount that NGA will order per base or option year of this contract is one task order, exceeding a minimum of $3,000.00. The Statement of Work for each task order will be provided at the time the NGA solicits proposals for each task order. The maximum amount that NGA will order over the life of this contract is $5,000,000.00.
FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) NGA-14-RFP-0014 Section B
B - 1
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 GENERAL INTENTION
The National Gallery of Art (referred to hereinafter as the “NGA” or “Gallery”) provides a significant national role by “preserving, collecting, exhibiting, and fostering the understanding of works of art, at the highest possible museum and scholarly standards.” In order to support the NGA’s mission and protect materials exhibited/stored therein, a variety of complex mechanical systems have been or are currently being installed. This contract will provide for various mechanical services, including repairs, modifications, and new construction, by means of an indefinite quantity contract.
C.2 GENERAL REQUIREMENTS
The Contractor shall furnish all labor, transportation, equipment, materials, tools, supervision, and management required to provide maintenance, construction, repair, and alteration work in accordance with the specifications provided herein.
C.2.1 Use of Premises: The Contractor shall have limited use of NGA premises for construction operations as indicated in the specifications and/or shown on the contract/individual task order drawings.
C.2.1.2 The NGA will occupy existing facilities maintained herein during the entire construction period. The Contractor shall cooperate with the Contracting Officer’s Representative (COR) during execution of the work to minimize conflicts and facilitate NGA usage. The Contractor shall maintain existing exits at all times, unless otherwise indicated.
C.2.1.3 The Contractor shall maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. The Contractor shall not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from the COR.
C.2.1.4 The Contractor shall be responsible for safeguarding all NGA property provided for the Contractor’s use. The Contractor shall secure all NGA facilities, equipment, and materials at the close of each work period.
C.2.1.5 The Contractor shall provide all labor, materials, and equipment required for the protection of NGA staff, visitors, equipment, furnishings, buildings, and grounds from damage caused by Contractor negligence. NGA equipment, furnishings, buildings, and grounds damaged by the Contractor shall be repaired or replaced to original condition at no additional cost to the NGA.
C.2.1.6 The Contractor shall comply with all provisions included in the attached Section 01 3553 “Security Procedures” document. Any violation of this section resultant from the Contractor’s performance may result in the issuance of an Incident Report by the NGA’s Administrative Office of Protection Services (AOP). Upon issuance of an Incident Report, AOP will schedule a meeting with a Senior Manager of the Contractor, Contractor personnel identified as responsible for the violation, COR, and Contracting Officer (CO). Dependent upon the nature of the violation and/or number of documented violations, AOP may prohibit responsible individuals from performing any future work at the NGA.
C.2.1.7 The Contractor shall comply with all provision included in attached Specification Section 01 3523, “National Gallery of Art Safety Requirements.” Any violation of this section resultant from the Contractor’s performance may result in the issuance of an Incident Report by the NGA’s Administrative Office of Protection Services (AOP). Upon issuance of an Incident Report, AOP will schedule a meeting with a Senior Manager of the Contractor, Contractor personnel identified as responsible for the violation, COR, and CO. Dependent upon the nature of the violation and/or number of documented violations, AOP may prohibit responsible individuals from performing any future work at the NGA.
C.2.2 NGA Quality Assurance: The NGA’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 in a “Quality Deficiency Service Report” to be issued to the Contractor. All costs associated with rework shall be the responsibility of the Contractor. The NGA 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 prior notice to the Contractor.
C.2.2.1 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 NGA’s comments. In the event that an agreement cannot be reached, the NGA reserves the right to direct the QCP.
C.2.3 Workmanship and Material Standards:
C.2.3.1 Standards: All workmanship shall meet the standards specified herein, and shall be accomplished in accordance with approved and accepted standards of the; (1) industry, (2) equipment manufacturer, (3) applicable Federal and local standards and codes, and (4) applicable building and safety codes (e.g. AMSE, ANSI, UL, NFPA). In cases where a conflict arises between the listed organization and activities, the most stringent requirement shall apply.
C.2.3.1.1 When the Contractor completes work on a system or piece of equipment included in this contract, that system or piece of equipment shall be free of missing components or defects which would prevent it from functioning as originally intended and/or designed. Corrective or repair/replacement work shall be carried to completion, including operational checks and cleanup of the work site. Except where noted otherwise, replacement components and systems shall match existing in dimensions, finish, color, and design.
C.2.3.2 Worker Qualifications: All field personnel performing work in the mechanical trades (e.g. plumbers, pipefitters, HVAC technicians) shall have minimum four (4) years experience in that trade, including minimum two (2) years as a journeyman.
C.2.3.2.1 All trades work performed by helpers and/or apprentices shall be under the direct supervision of a tradesperson meeting the requirements of paragraph C.2.3.2.
C.2.3.2.2 With exception noted hereinafter, all welding operations (including inspection of welds) shall be performed to the standards identified in ASME B31.9, “Building Services Construction Code.”
C.2.3.2.1.1 Welding operations on systems involving steam or vapor greater than 15 PSIG or water pressure greater than 160 PSIG and/or temperatures greater that 250 degrees F shall be performed to the standards identified in ASME B31.1, “Power Piping Code.”
C.2.3.2.3 All field personnel performing work in ancillary trades (e.g. electrical, carpentry) shall be qualified for execution of that work by means of licensing or certification.
C.2.3.3 During and at the completion of work, debris shall not be allowed to spread into adjacent areas nor accumulate in the work area itself. The Contractor shall not use NGA refuse containers for the disposal of construction debris. All such debris, excess material, and parts shall be cleaned up and removed from NGA property at the completion of the job and/or at the end of each day work is in progress, whichever is sooner.
C.2.4 Warranty Items: Equipment, components, and parts, other than those installed under this contract, shall not be removed, replaced, and/or repaired while still under warranty of the manufacturer or installer without prior approval from the COR. All defects in material or workmanship, defective parts, or improper installation or adjustment shall be reported to the COR in order to initiate appropriate corrective action. All warranty items will be reported by the COR to the Contractor prior to the start of work.
C.2.5 Permits: The Contractor shall, and without additional expense to the NGA, obtain all licenses and permits required to perform the work under this contract. The Contractor shall comply with all applicable Federal, state, and local laws. Evidence of such permits, when required, shall be provided to the COR before commencement of the work.
C.2.5.1 The Contractor shall obtain required county permits for all task orders issued for the NGA’s Warehouse/Production Facility located in Landover, Maryland.
C.3 DEFINITIONS – TECHNICAL
As used throughout this contract, the following terms shall have the meaning set forth hereinafter.
C.3.1 Where “as shown”, “as detailed”, or words of similar import are used, it shall be understood that reference is made to this specification and the drawings which accompany this specification, unless stated otherwise.
C.3.2 Where “as directed”, “as required”, “as permitted”, “approval”, “acceptance”, or words of similar import are used, it shall be understood that direction, requirement, permission, approval, or acceptance of the COR is intended, unless stated otherwise.
C.3.3 Adjust: To regulate, settle and/or bring to a more satisfactory state of normal operating condition.
C.3.4 AFM: The NGA’s Administrative Office of Facility Management.
C.3.5 AOP: The NGA’s Administrative Office of Protection Services.
C.3.6 Component Part: Any part of any item or system which is detachable or removable from the main body or main assembly of the item or system; a constituent part or an essential part necessary to the performance of the system.
C.3.7 Contractor Representative: Person(s) designated by the Contractor to be his/her authorized representative. One such person shall serve as the NGA’s principal point of contact.
C.3.8 Facility: An establishment, structure, or assembly of units or equipment designated for a specific function.
C.3.9 The term “provided” shall be understood to mean provided in place, that is, furnished and installed, ready for use.
C.3.10 Quality Assurance (QA): A method used by the NGA to provide a measure of control over the quality of purchased goods and services received.
C.3.11 Quality Control (QC): A method used by the Contractor to control the quality of goods and services produced.
C.3.12 Regular Working Hours: The NGA’s regular (normal) working hours are from 6:00 AM to 5:00 PM, Monday through Friday, except:
C.3.12.1 Federal holidays; and
C.3.12.2 Other days specifically designated by the CO.
C.3.13 Repair: The restoration of a piece of equipment, system, or facility to such condition that it may be effectively utilized for its designated purpose(s). Repair may include overhaul, reprocessing, or replacement of constituent parts or materials that have deteriorated by action of the elements or usage, and have not been corrected through maintenance or replacement of the entire system if beyond economical repair.
C.3.14 Replace: To remove damaged, defective, or deteriorated materials or parts and install new materials or parts, as approved.
C.3.15 Required: Demanded as necessary or essential to the satisfactory operation of the equipment or system.
C.4 GOVERNMENT FURNISHED FACILITIES, PROPERTY AND SERVICES
In accordance with the “GOVERNMENT PROPERTY” clause in Section I, the NGA may provide the Contractor the use of certain NGA owned facilities and material for use within this contract. The use of NGA furnished facilities and material for other purposes is prohibited. All facilities and materials will be provided to the Contractor in “as-is” condition.
C.4.1 NGA Furnished Facilities: The NGA may, at the request of the Contractor, provide space for the Contractor to furnish a lockable gang box for the storage of tools and equipment required on a repetitive basis. Placement of the gang box shall be coordinated with the COR.
C.4.2 Gallery Furnished Equipment (GFE): When deemed necessary for purposes of work control and/or security, the NGA will provide a two-way radio to the Contractor for use within NGA spaces. In such instances, the Contractor shall maintain continuous radio contact with appropriate NGA personnel during the performance of work included herein. The radio shall be obtained from the COR at the beginning of each work day shall be returned to the COR at the completion of each work period.
C.4.2.1 All GFE shall be returned to the NGA in the same condition as received, excluding normal “wear and tear.” Equipment that becomes worn out due to normal “wear and tear” shall be returned to the NGA and replacement equipment will be issued at no charge to the Contractor. The Contractor shall be responsible for the cost of any repairs or replacement caused by negligence or abuse by his/her employees.
C.4.3 Gallery Furnished Materials: All material and equipment furnished by the NGA for installation by the Contractor will be identified in the individual task order.
C.4.4 Availability of Utilities: The NGA will furnish, at no cost to the Contractor, the following utility services at existing outlets as may be required for the work to be performed under the contract:
C.4.4.1 Electricity
C.4.4.2 Fresh Water
C.4.4.3 The Contractor shall provide and maintain, at his/her expense, the necessary service lines from existing NGA outlets to the site of work.
C.5 CONTRACTOR FURNISHED ITEMS
Except for items listed in paragraph C.4, the Contractor shall provide all facilities, equipment, materials, and services to perform the requirements of this contract. The Contractor shall furnish new parts and components in the performance of work as described herein. All replacement units, parts, components, and materials to be used in the repair and/or alteration of systems, equipment, and utilities included herein shall be compatible with the equipment on which it is to be used; shall be of equal or better quality than original equipment specifications; shall conform to the technical specifications herein; and shall be used in accordance with original design and manufacturer intent. Items not listed in the technical specifications shall be of acceptable industrial grade and quality. If the original manufacturer has updated the quality of parts for current production, parts supplied under this contract shall be equal to or exceed the quality of the updated parts.
C.6 GENERAL ADMINISTRATIVE REQUIREMENTS
C.6.1 Submittals: Submittals for each individual task order shall be provided as a complete volume (in 3 ring binders), with each section clearly marked by a labeled divider. The Contractor shall provide three (3) sets of submittals for each task order. All submittals required for each task order, as identified in the applicable drawings and/or specifications therein, shall be provided concurrently; submissions with partial submittals will be returned to the Contractor as “disapproved.” Each submittal shall be accompanied with a cover letter signed by the Contractor. The Contractor shall clearly designate each item proposed for incorporation into the contract by highlighting, circling, or underlining the appropriate item(s); provide cross-references to the contract drawings and/or specifications as required to properly identify items to be incorporated. The Contractor shall stamp the front sheet of each submittal with his/her certification stamp; the certification stamp shall be worded as follows:
“It is hereby certified that the (equipment) (material) shown and marked in this submittal is that proposed to be incorporated into Contract Number/Task Order Number __________, is in compliance with the contract drawings and specifications, can be installed in the allocated spaces, and is submitted for NGA approval. Certified by __________________Date_____________.”
The individual signing the certification shall be designated by the Contractor in writing as having authority. The signature shall be in original ink; stamp signatures will not be acceptable.
C.6.1.1 The Contractor shall submit certificates of compliance, manufacturer’s descriptive data, and product samples for those items specified in each task order. Unless otherwise noted in the individual task order, complete submittals shall be provided to the COR within ten (10) working days following issuance of the task order.
C.6.1.1.1 Certificates of compliance shall be obtained from material manufacturers attesting that materials meet the requirements specified.
C.6.1.1.2 Manufacturer’s descriptive data shall include the name of the manufacturer, model number or other identifying information, catalog cut, and other identifying data and information describing the performance, capacity, rating, and application/installation instruction which clearly illustrate that the proposed item meets the applicable standards specified.
C.6.1.1.3 Product samples shall include a sufficient quantity of material to permit complete analysis and evaluation by NGA personnel.
C.6.1.2 Matter submitted for approval shall be accompanied by complete information concerning the material, articles, and/or design for use in sufficient detail to show compliance with the specification, and shall be approved by the COR before being incorporated into the work. Approval thereof will not be construed as relieving the Contractor of compliance with the specifications, even if such approval is made in writing, unless the attention of the COR is called to the noncomplying features by letter accompanying the submitted matter. Partial submittals or submittals of less than the whole of any system made up of interdependent components will not be considered. Approval of drawings, cuts, and samples by the COR shall not be construed as a complete check or approval of the detailed dimension, weights, gauges, and similar details of the proposed articles. The conformance of such details with the contract requirements, together with the necessary coordination of dimensions and details between the various elements for the work and between the various subcontractor and suppliers, shall be solely the responsibility of the Contractor, approval of submitted matter notwithstanding. The drawings accompanying the task orders shall not be used as a shop drawing; specifically, the editing of the drawings accompanying the task orders and returning these edited drawings is prohibited.
C.6.1.3 The Contractor shall provide three (3) copies of Operation and Maintenance (O&M) manuals for all equipment installed under this contract. Each copy of the O&M manuals shall be provided as a bound volume in accordance with the submittal requirements described in paragraph C.6.1. Submission of O&M’s shall be a condition for final payment for each task order.
C.6.2 Environmental Protection: The Contractor shall comply with all Federal and local environmental laws and regulations in the performance of work included herein. The NGA’s Environmental Protection Coordinator or other authorized officials may inspect any of the work being performed by the Contractor at any time without prior notification. If a regulatory agency assesses a monetary fine against the NGA for violations resultant from the Contractor’s actions, the Contractor shall reimburse the NGA for the amount of the fine and all related costs. The Contractor, at his/her expense, shall immediately clean up and dispose of any oil or chemical spills resultant from his/her operations. The Contractor shall not create a nuisance or hazard to the health of NGA personnel or visitors.
C.6.3 Pre-Construction Conference: Prior to the commencement of work, the Contractor shall meet with the CO, COR, AOP Risk Manager, and affected NGA staff to discuss and develop mutual understandings concerning safety, scheduling, security, and the administration of work for each task order.
C.6.4 Materials and Equipment to be Salvaged: All materials and equipment specified to be salvaged shall be transported to a NGA location as identified by the COR. The Contractor shall take all necessary precautions to protect salvageable items during the removal process. All materials and equipment which are removed or disconnected by the Contractor and are not specifically indicated or specified for reuse shall become the property of the Contractor and shall be removed from the NGA by the Contractor at no additional charge.
C.6.5 Assignment of Contractor Personnel as NGA Escort: Due to reductions and reassignment of AOP staff, the Contractor may be requested to designate his/her hard-badged employees to serve as NGA escorts. Specific duties for designated escorts are defined in the attached document. Requirements for assignment of escorts will be identified in the Scope of Work for each task order or will be issued as a modification to the task order as the needs arise. The Contractor will be eligible to receive reimbursement from the NGA for the designation of his/her personnel as NGA escorts.
C.7 PROSECUTION AND COMPLETION OF WORK
C.7.1 Task Order Proposals
C.7.1.1 The actual amount of work to be performed and the time of such performance will be determined by the CO who will issue written task orders to the Contractor. The only work authorized under this contract is that which is performed upon receipt of each task order. Task orders may be issued at any time during the contract term and any task order in effect during this term shall be completed, even if the base contract has expired.
C.7.1.2 The NGA may conduct a site visit for prospective task order projects; the NGA may make attendance by the Contractor mandatory for consideration of potential award. Notification of site visits (including location and time) will be provided to the Contractor via email at least three (3) working days prior to the date of the visit, with the following exception; in instances where the proposed task order includes urgent and compelling work which directly affects the mission of the NGA, notification of site visit will be provided to the Contractor via telephone at least one (1) working day prior to the date of the visit.
C.7.1.2.1 A detailed description of work, including drawings, sketches, specification, and/or statement of work, will be provided to the Contractor during the site visit. During the site visit, the COR and Contractor will discuss the type of work requested, the number of calendar days allowed for the completion of the work, and the estimated range of construction cost, in addition to required materials and specific NGA requirements. All questions and/or clarifications required to perform the work shall be directed to the CO during the site visit; revisions to the description of work resultant from the site visit will be forwarded to the Contractor via email.
C.7.1.2.2 Completion dates for task orders will include time for the Contractor to plan and organize the work specified therein, including locating utilities, submission of required submittals, coordination of access to the work site, mobilization of equipment, procurement of long lead items, completion of punch list items, etc.
C.7.1.2.3 Due to the mission of the NGA, task orders may include urgent or compelling requirements and/or the need for the performance of work after normal working hours. Requirements for “overtime” will be addressed during the site visit and shall be identified in the Contractor’s proposal.
C.7.1.2.4 The due date/time for receipt of proposals will be noted on the request for proposals. Proposals shall be submitted to the CO. At the CO’s discretion, proposals received after the due date/time may not be considered for award of a task order. Due dates for task orders shall be in accordance with the following schedule:
Estimated Task Order Cost Duration Between Request for Proposal and Due Date
| $3,000 - $25,000 | 5 working days |
| $25,001 - $50,000 | 7 working days |
| over $50,000 | 10 working days |
The NGA reserves the right to modify the submission schedule for proposals based on urgent and compelling needs.
C.7.1.2.5 When a proposal is chosen for award, the CO will notify the Contractor and forward a task order document for signature.
C.7.1.2.6 Immediately after the CO signs the task order (making it effective), the Contractor will receive a copy of the executed task order. The Contractor will have ten (10) working days to provide submittals to the COR as described in paragraph C.6.1. Following receipt of the submittals, the COR will have five (5) working days to reject/approve the submittals. The Contractor and CO will be informed, in writing, of whether the submittals have been approved or rejected. If the submittals have been rejected, the Contractor will have three (3) working days to resubmit the proper submittals. The COR will have three (3) working days to reject/approve the new submittals. If only a portion of the submittals is rejected, only the rejected portion will need to be resubmitted. All resubmitted submittals shall be provide as a bound volume as described in paragraph C.6.1.
C.7.1.2.6.1 Additional time for the Contractor to resubmit submittals which have been rejected by the COTR and time required therein to review the new submittals shall not be grounds for issuance of a time extension by the NGA.
C.7.1.2.7 The number of days required to complete the task order will be specified in the statement of work. Once the Contractor is notified that all submittals have been approved, the Contractor shall submit a construction schedule to the COR within five (5) working days. See attachment for required format of the project schedule.
C.7.1.3 The majority of task orders will be negotiated and awarded for a fixed-price. However, for any individual task order, the CO may require a cost breakdown (e.g. hourly rates, material costs, overhead, and profit). Contractor shall furnish a cost breakdown upon request from the CO
C.7.1.3.1 Once a task order has been negotiated and agreed to by both parties, the task order will be considered a firm fixed price to complete the requirements therein.
C.7.2 Upon successful completion of each task order, the Contractor shall submit a written request for final inspection to the COR. During the final inspection, the COR and the Contractor will complete the “NOTICE OF FINAL INSPECTION” form (see attachment); this form will include a punch list of noted deficiencies and the due date for correction of the deficiencies by the Contractor.
C.8 DRAWINGS
C.8.1 All drawings or sketches accompanying task orders shall be considered to be part of the basic specifications.
C.8.2 Drawing Verification and Control: Figures marked on drawings or sketches shall be followed in preference to scale measurements. The Contractor shall compare all drawings or sketches and verify the figures before laying out the work; the Contractor shall be responsible for any errors which may have been avoided therein.
C.8.3 Omissions and Misdescriptions: Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work, but shall be performed as if fully and correctly set forth and described in the drawings and specifications.
C.8.4 As-Built Drawings: During the progress of the work, two (2) copies of the sketches, drawings, etc, accompanying the task order shall be neatly and clearly marked in red by the Contractor to show all variations between the construction actually performed and that indicated or specified. Upon the completion work, the final as-built drawings shall be submitted to the COR. Submission of as-built drawings shall be a condition for final payment for each task order.
C.8.5 As-Built Record of Materials: Upon the completion of each task order, the Contractor shall furnish an as-built record of materials used in the prosecution of each task order. Submission of this data shall be a condition for final payment for each task order. Where several manufacturer’s brands, types, or classes of the item listed have been used in the project, the specific areas where each was used shall be designated. Designations shall be keyed to the areas and spaces depicted in the contract drawings.
C.9 EXISTING WORK
C.9.1 The disassembling, disconnecting, cutting, removal, or alteration, in any fashion, of existing work shall be carried on in such a manner as to prevent injury or damage to portions of existing work, whether they are to remain in place, reused in the new work, or removed for salvage.
C.9.2 All portions of existing work which have been cut, damaged, or altered in any way during construction shall be repaired or replaced in kind and in a manner to match existing or adjoining work. All work of this nature shall be performed by the Contractor at his/her expense and as directed by the COR. Existing work shall, at the completion of all operations, be left in equal or better condition as existed before the new work started.
C.10 HAZARDOUS MATERIALS HANDELING
C.10.1 Existing material known to contain asbestos will be disclosed by the NGA for each task order. If additional material is encountered which may contain asbestos and must be disturbed to complete the work, the Contractor shall not disturb this material without prior knowledge/approval from the COTR. The Contractor shall notify the COTR, in writing, immediately of any suspect asbestos containing material. Within ten (10) calendar days, the NGA will perform laboratory tests, if required, to determine if asbestos is present. If materials do not contain asbestos, the CO will direct the Contractor to proceed without change. If the material is found to contain asbestos, the NGA may remove the asbestos using in-house personnel, by use of other contracting mechanisms, by a negotiated change to this contract, or authorize other methods of work that will not disturb asbestos containing materials.
C.11 MANAGEMENT
The Contractor shall manage the total work effort associated with the maintenance, repair, and all other services required to ensure fully adequate and timely completion of these services. Included in this function are a full range of management duties including, but not limited to, planning, scheduling, report preparation, and quality control. The Contractor shall provide an adequate staff of personnel with the necessary management expertise to ensure the performance of work in accordance with sound and efficient management practices.
C.11.1 Work Control: The Contractor shall implement all necessary work control procedures to ensure timely accomplishment of work requirements, as well as to permit tracking of work in progress. The Contractor shall plan and schedule work to ensure material, labor, and equipment are available to complete work requirements within the specified time limits. Verbal scheduling and status reports shall be provided when requested by the CTR. The status of any of work shall be provided within four (4) hours of the inquiry during regular working hours.
C.11.2 Work Schedule: The Contractor shall schedule and arrange work so as to cause the least interference with the normal occurrence of NGA business and mission. In those cases where some interference may essentially unavoidable, the Contractor shall make every effort to minimize the impact of the interference, inconvenience, equipment downtime, interrupted service and/or customer discomfort.
NGA-14-RFP-0014 Section C C.11.3 Staffing: The Contractor shall continuously maintain an adequate staff with suitable management expertise to ensure work is scheduled and completed in accordance with these specifications. The Contractor shall maintain an adequate work force to complete work in accordance with the time and quality standards specified.
C - 11
SECTION D - PACKAGING AND MARKING
D.1 PACKAGING AND MARKING (DEC 2011)
All information and submittals, including forms, reports, and other materials provided to the Contracting Officer (CO), Contract Specialist (CS) or the COR shall be clearly marked with the contract and task order numbers as follows:
NGA Contract Number:
NGA Order Number:
NGA-14-RFP-0014 Section D
D - 1
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 FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.
FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)
| FAR Number |
| Title |
| Date |
| 52.246-13 |
| INSPECTION--DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS |
| AUG 1996 |
E.2 INSPECTION AND ACCEPTANCE RESPONSIBILITY
The Contracting Officer’s Representative (COR) named in Section G is responsible for the inspection and acceptance of all work performed under this contract, including deliverables, with the exception that if a Task Manager (TM) is identified in a task order issued under this contract the TM will be considered responsible for inspection and acceptance of work performed under that task order.
In the event the deliverables or services provided are determined to be unacceptable, the COR or TM will provide the Contractor with information on requirements for correction.
FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)
NGA-14-RFP-0014 Section E
E - 1
SECTION F - DELIVERIES OR PERFORMANCE
F.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 FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.
FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)
| FAR Number |
| Title |
| Date |
| 52.242-15 |
| STOP-WORK ORDER |
| AUG 1989 |
| 52.247-34 |
| F.O.B. DESTINATION |
| NOV 1991 |
| 52.247-48 |
| F.O.B. DESTINATION--EVIDENCE OF SHIPMENT |
| FEB 1999 |
F.2 PLACE OF PERFORMANCE
Performance of work ordered under this contract shall be performed at the location designated in each task order. The location may include the NGA’s Landover, MD warehouse or one of the NGA owned or leased buildings within Washington, DC.
FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)
F.3 PERIOD OF PERFORMANCE
This contract has a base period of one year with four (4) one-year option periods. The period of performance for individual projects ordered under this contract will be noted in each respective task order.
NOTE: As an incentive, the Gallery may award the Contractor(s) up to five (5) additional one-year option periods for exceptional performance and outstanding customer service without additional competition. This would result in a potential period of performance of up to ten (10) years total.
FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)
NGA-14-RFP-0014 Section F
F - 1
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 DESIGNATION OF NGA AUTHORIZED REPRESENTATIVES (DEC 2011)
(a) Designation of NGA Authorized Representatives
(1) The individuals named hereunder will be the NGA's points of contact during the performance of this Agreement.
(2) Contracting Officer (CO) has the overall responsibility for the administration of this Agreement. The CO is the only person authorized to take actions on behalf of the NGA to amend, modify this Agreement, or deviate from its terms, conditions, requirements, specifications, details, and delivery schedules. The CO is also responsible for making the final decisions on matters under dispute, unsatisfactory performance, as well as contract terminations. The CO assigned to this Agreement is:
Name: David Reindl Title: Contract Specialist Address:
| National Gallery of Art |
| Office of Procurement and Contracts (APC) |
| 2000B South Club Drive |
| Landover, MD 20785 |
Voice: (202) 842-6515 Email: d-reindl@nga.gov
(3) Contracting Officer's Representative (COR) is the principal point of contact with the Contractor on a day-to-day basis. The COR is responsible for the inspection and acceptance of all work performed under this Agreement, including deliverables. While the COR has the responsibility for the technical oversight of contract performance, the authority to order work, negotiate, and/or make changes to this Agreement and task orders remains only with the CO. The COR assigned to this Agreement is:
Name: William Burns Title: Deputy Chief of Engineering Address:
| National Gallery of Art |
| Engineering Department (AFM-EN) |
| 2000B South Club Drive |
| Landover, MD 20785 |
Voice: (202) 789-3183 Email: w-burns@nga.gov
(4) Task Manager (TM): The TM will act on behalf of the COR The TM assigned to this project is:
To be determined on a task-by-task basis.
The TM will act on behalf of the COR. The TM named above will monitor all technical aspects of the task order. The duties of the TM include assuring the Contractor’s compliance with the technical requirements of the task order, performing or arranging necessary inspections in connection with the technical performance of the task order, monitoring the Contractor’s overall performance under the task order, and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment. The TM shall advise the COR of any factors which may cause significant delays in performance or cost of work. The TM may have additional responsibilities as delegated by the COR.
The TM does NOT have the authority to alter the contractor's obligations under the contract or task order, direct changes that fall within the purview of the General Provisions clause entitled "Changes", or modify any of the expressed terms, conditions, specification, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of the Work, the Contracting Officer shall issue such changes in writing.
(b) Notices
All notices or other communications under this Agreement shall be in writing and shall be deemed to have been given: (i) when delivered…
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