NGA-RFP-08-91.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

STANDARD FORM 1449 (REV. 3/2005) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

NGA-RFP-08-91

Replace Skylight Glass in the East Building Space Frame AFM Project No. 1565

National Gallery of Art Request for Proposal

Replace Skylight Glass in the East Building Space Frame

NGA-RFP-08-091

TABLE OF CONTENTS

PART 1 – THE SCHEDULE

A. STANDARD FORM 1449

B. SUPPLIES OR SERVICES AND PRICE/COST

C. SCOPE OF WORK

D. PACKAGING AND MARKING

E. INSPECTION AND ACCEPTANCE

F. DELIVERIES OR PERFORMANCE

G. CONTRCT ADMINISTRATION DATA

H. SPECIAL CONTRACT REQUIREMENTS

PART 1I – CONTRACT CLAUSES

I. CONTRACT CLAUSES

PART 1II – LIST OF ATTACHMENTS

J. LIST OF ATTACHEMENTS

PART 1V – REPRESENTATIONS AND INSTRUCITONS

K. REPRESENTATIONS CERTIFICATIONS AND OTHER STATEMENST TO

OFFERORS

L. INSTRUCTIONS CONDITION, AND NOTICES TO OFFEROR

SECTION B

Part I

PRICING SUMMARY FOR BASE WORK

B.1 PRICING FOR REPLACEMENT OF SKYLIGHT GLASS

The Offeror shall provide construction services for the replacement of the National Gallery of art damaged sections of the Skylight Glass in the East Building Space Frame, as identified in the scope of work.

The Offeror shall furnish all personnel, equipment, material, supplies, and services (except as expressly set forth in this contract as furnished by the Gallery or the Government) and otherwise do all things necessary for or incident to, performing in an efficient and effective manner all work set forth in Section C and elsewhere in this request for quote.

B.2 FIRM FIXED PRICE

The offeror is to provide a detailed quote breakdown of all cost including materials, equipment and markups for the work described in Section C.

The total firm fixed price of this Contract is:

SECTION C

SCOPE OF WORK

SCOPE OF THE PROJECT

The Contractor shall provide all labor, materials, and equipment required to replace damaged sections of skylight glass in the East Building Space Frame.

SCOPE OF WORK

The Contractor shall perform the following work:

Replace 14 sections of existing skylight glass in locations identified on the attached drawing. Size of existing glass sections vary, with the largest unit being approximately 5’-6”H x 7’-6”L; all units therein are nominally 1-¼” thick. The Contractor shall field verify dimensions of all glass sections to be replaced prior to ordering new panels. New glass panels shall expressly match existing units in design and appearance, including, but not limited to, tint, coatings, type(s) of glass, glass thickness, and panel thickness. The Gallery will provide copies of shop drawings/submittals pertaining to existing skylights where available; where existing information is not available, the Contractor shall verify existing field conditions.

Prior to removing existing glass panels, carefully remove associated metal caps (including fasteners). The Contractor shall clean and properly store caps in a manner to prevent damage for future reinstallation as discussed hereinafter. Dispose of existing gasket material.

Existing glass panels shall be removed and resultant openings in the space frame structure shall be made watertight prior to Gallery opening at 10:00 AM. Approved methods for temporarily sealing openings shall include the installation of plywood (or similar material) and provision of tarpaulins to completely cover each affected skylight assembly. Plywood shall be cut to match openings; tarpaulins shall be properly anchored to prevent disruption by wind.

Removal of existing and installation of any new glass panel (excluding replacement of existing metal caps and application of new structural sealant) shall be completed prior to 10:00 AM and/or after 6:00 PM.

Cap installation/caulking may be performed during normal Gallery hours (10:00 AM to 5:00 PM). Any work performed during normal Gallery working hours shall not expose Gallery staff and/or visitors to excessive noise levels (above 70 db as measured at the adjacent mezzanine level of the East Building).

Following installation of new glass panels, reinstall existing metal caps. Provide backer rod and caulk joint between cap and new glass unit with Dow Corning 795 silicon sealant (black), or approved equal.

Tape both sides of caulk joint prior to applying sealant; immediately remove tape following completion of work and remove any extraneous sealant from adjacent surfaces. The Contractor shall ensure that each new glass panel is completely watertight prior to vacating the site at the completion of each work day.

Coordinate all lifting (crane) operations required to support the removal of existing glass panels and installation of new glass units. The Contractor shall be responsible for obtaining all required traffic permits, signage, and traffic control devises. If the Contractor desires to stage his/her crane on 4th Street

AFM Project No. 1565 over the existing Connecting Link structure, provide engineering calculations to ensure permissible loading is not exceeded.

Submit a detailed work plan, including, but not limited to, fall protection, methods for protecting Gallery structures and finishes, methods for handling new/existing glass panels, and methods for ensuring a watertight envelope during construction, to the COTR in accordance with the submittal requirements described hereinafter. No work shall be performed at the Gallery until the Contractor’s work plan has been reviewed and approved by the Gallery.

REQUIREMENTS

The Contractor shall submit an outage request form to the COTR at least five (5) working days prior to the performance of any utility outages. Forms may be obtained from the COTR.

Work shall be accomplished in accordance with all applicable Federal and DC regulations and codes, in addition to the codes and standards applicable to each discipline as dictated by the appropriate governing body (i.e. ANSI, NFPA, UL).

Egress to/from the work site shall be coordinated with the COTR. No materials shall be transported through Gallery spaces between the hours of 10:00 AM and 5:00 PM.

Temporary light (if required) shall be provided by the Contractor. The Contractor will be permitted to connect temporary lighting units to Gallery outlets. The Contractor shall be responsible for providing necessary service lines from Gallery outlets to the site of work.

The Contractor shall provide all temporary construction and take all necessary precautions to prevent the infiltration of moisture into Gallery spaces and the disruption of Gallery environmental conditions.

Unless prior approval is received the COTR, the Contractor shall remove all debris generated from work identified herein at the completion of each workday. Debris shall be properly disposed of at a site off Gallery property. The Contractor shall not use Gallery refuse containers for disposing of construction debris.

The Contractor shall provide submittals for all new materials and equipment to the COTR within 15 calendar days following contract award. The Contractor shall not commence any work at the Gallery until all submittals have been reviewed and approved. In addition to the requirement herein, the Contractor shall provide Material Safety Data Sheets (MSDS’s) for all new products to be used in conjunction with this project.

The Gallery will furnish on-site storage space, where available, for tools, equipment, and material required for the work indicated herein.

The Contractor shall obtain a “HOT WORK PERMIT” for all operations requiring flame-producing devices or operations that generate heat and/or sparks. The Contractor shall obtain this permit from the COTR at least 24 hours prior performing hot work. The Contractor shall furnish a fire watch and approved fire extinguisher for operations involving hot work, in addition to all other requirements specified on the permit. The permit shall be posted at a readily visible location at the entry(s) to the site of work to allow inspection by Gallery personnel.

AFM Project No. 1565

The Contractor shall prepare and submit a construction schedule to the COTR for review and approval within five (5) business days following submittal approval and prior to the commencement of any work indicated herein. The schedule shall indicate the shipment date of all required material, including long-lead items. The Contractor shall not deviate from the schedule without prior notification and approval by the COTR.

The Contractor shall provide required safety gear for all Contractor employees, including approved head, eye, ear, and foot protection. Safety gear shall be worn at all times when the Contractor is performing construction activities at the Gallery.

The Contractor shall provide manufacturer’s standard commercial warranty for all parts and equipment and a one (1) year warranty for all labor. The warranty period shall commence upon the final acceptance by the Gallery.

The Contractor shall be responsible for conducting all required field investigation(s) to verify the accuracy of information provided, including existing conditions and locations of the areas affected by the proposed work. The requirements herein will not relieve the Contractor from furnishing all materials within the general scope of the work, even though some items may not be specifically mentioned or detailed.

A final walk-through shall be conducted by the Contractor and COTR to ensure that all project requirements identified herein have been satisfactorily completed. During the walk-through, a punch list will be generated by the COTR identifying all defective and/or incomplete work performed by the Contractor. Invoicing and final payment shall not occur until all punch list items have been corrected.

Smoking is not permitted in Gallery spaces, including the roof of the East Building. Contractor personnel shall use the smoking shelter located at West Building Service Entrance.

WORK HOURS AND PARKING

All work indicated herein shall be performed Monday through Friday between the hours of 5:30 AM and 11:30 PM, unless prior written approval is received from the COTR.

Parking at the Gallery is extremely limited and, as such, cannot be guaranteed for Contractor personnel.

Requests for parking shall be submitted to the COTR, in writing, minimum 24 hours prior to the required date(s).

SECURITY

Security badges shall be worn at all times. Contractor personnel shall check in at the security desk when entering and exiting the Gallery.

Contractor personnel shall be escorted at all times while conducting work at the Gallery. Escorts will be provided by the Gallery at no cost to the Contractor.

The Contractor shall submit background information for all employees not currently performing work at the Gallery that may be associated with performance of the work indicated herein. Background information shall be furnished to the COTR at least seven (7) working days prior to commencement of work by those employees.

AFM Project No. 1565

PERIOD OF PERFORMANCE

The Contractor shall complete all work identified herein within 90 calendar days following contract award. Actual field work (i.e. removal of existing glass panels and installation of new glass units) shall be completed within five (5) consecutive work days. The Contractor shall prosecute the work continuously upon commencing demolition of existing glass skylight panels. The Contractor shall not commence work at the Gallery until all required materials are on-site.

SECTION D

PACKAGING AND MARKING

D.1 MARKING

A All information and submittals, including forms, reports, letters, and other materials provided to the Contracting Officer (CO), Contracting Officer’s Technical Representative (COTR), or other NGA staff pursuant to this contract shall be clearly marked with the contract number as follows:

Project No. AFM-1565 Contract No. (To be determined at time of award)

B. The contractor is responsible for properly protecting all sketches, drawings, reports, models and other submission transmitted to the government. The contractor is responsible for packaging its submission in a manner to preclude damage during shipping and handling. The contractor is required to repair or replace any items damaged before delivery and acceptance by the COTR at no cost to the government.

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" in Section I of this contract. See FAR 52.252-2 for an internet address for electronic access to the full text of a clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION

(48 CFR Chapter 1)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-13 INSPECTION—DISMANTLING, DEMOLITION, (AUG 1996)

OR REMOVAL OF IMPROVEMENTS

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

E.2 ACCEPTANCE

The performance and quality of work delivered by the contractor, including services rendered and any documentation or written material compiled shall be subject to inspection, review, and acceptance by the Gallery.

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" in Section I of this contract. See FAR 52.252-2 for an internet address for electronic access to the full text of a clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION

(48 CFR Chapter 1)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.242-15 STOP WORK ORDER (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

52.247-34 F.O.B. DESTINATION (NOV 1991)

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION

OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this RFQ within 1 calendar day after the Contractor received the notice to proceed, (b) prosecute the work diligently, and (c) complete all work identified herein within 90 calendar days after receipt of Notice to Proceed.. Actual field work (i.e.

removal of existing glass panels and installation of new glass units) shall be completed within five (5) consecutive work days. The Contractor shall prosecute the work continuously upon commencing demolition of existing glass skylight panels. The Contractor shall not commence work at the Gallery until all required materials are on-site.

F.3 LOCATION

The work shall be located at the National Galley of Art’s East Building Roof, Sixth Street and Constitution Avenue NW, Washington, DC 20565-0001.

F.4 NOTICE OF DELAY

In the event the Contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are actually causing delays which the Contractor believes may result in completion of the project after the completion date, the Contractor shall notify the Contracting Officer of the effect, if any, of such change or other conditions upon the approved schedule, and shall state in what respects, if any, the relevant schedule or the completion date should be revised. Such notice shall be given promptly, and not more than ten (10) days following the first occurrence of event giving rise to the delay or prospective delay. Revisions to the approved time schedule shall only be made with the approval of the Contracting Officer.

AFM Project No. 1565

F.5 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.6 SECURITY

Security badges shall be worn at all times. Contractor personnel shall check in at the security desk when entering and exiting the Gallery.

Contractor personnel shall be escorted at all times while conducting work at the Gallery. Escorts will be provided by the Gallery at no cost to the Contractor.

The Contractor shall submit background information for all employees not currently performing work at the Gallery that may be associated with performance of the work indicated herein. Background information shall be furnished to the COTR at least seven (7) working days prior to commencement of work by those employees.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACT MANGAGEMENT

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

All contract administration shall be effected by the CO. Communications pertaining to contract administration matters. No changes in or deviations from this contract are authorized unless directed in writing by the CO.

In no event shall any understanding or agreement between the Contractor and any Gallery employee other than the Contracting Officer on any contract, modification, change order, letter or verbal direction to the Contractor be effective or binding upon the Gallery.

All such action must be formalized by a proper contractual document executed by an appointed Contracting Officer. The Contractor is hereby put on notice that in the event a Gallery employee other than the Contracting Officer directs a change in the wok to be performed or increases the scope of the work to be performed, it is the Contractor’s responsibility to make inquiry of the Contracting Officer before making the deviation. Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.

G.1.1 Contracting Officer (CO)

The CO is he only person authorized to make or approve any changes in any of the requirements of the contract and notwithstanding any provisions contained elsewhere in this contract. The said authority remains solely with the CO. The CO is authorized to appoint a Contract Specialist to perform administrative contracting functions for this contract. In the event, the Contractor makes any changes at the direction of any person other than the CO, the change shall be considered to have been made without the authority of the CO 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 ell as contract terminations for convenience or default.

Henrietta V. Brox 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.

Name: Henrietta V. Brox Title: Contracting Officer/Deputy Chief Location: National Gallery of Art 601 Pennsylvania Avenue, NW South Building – Suite 300 – Room 380 Washington, DC 20004

Mailing Address: 2000B South Club Drive Landover, MD 20785

Phone: (202) 842-6408 Fax: (202) 312-2792 Email Address: h-brox@nga.gov

G.1.2 Contract Specialist (CS)

The Contract Specialist has the overall responsibility for the administration of the contract. The Contract Specialist is authorized to take actions on behalf of the Gallery to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details, and/or delivery schedules within the authority delegated by the CO.

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

Name: Denise Gilson Title: Contract Specialist Location: National Gallery of Art Office of Procurement and Contracts (APC) 601 Pennsylvania Avenue, NW South Building – Suite 300 – Room 3704 Washington, DC 20004

Mailing Address: 2000B South Club Drive Landover, MD 20785

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

G.1.3 Contracting Officer’s Technical Representative (COTR)

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

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

mailto:h-brox@nga.gov mailto:db-gilson@nga.gov

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

Name: Daniel R. Warrenfeltz Title: Engineering Technician Location: National Gallery of Art

Office of Facilities Management (AFM) 601 Pennsylvania Avenue, NW South Building – Suite 300 Washington, DC 20004

Mailing Address: 2000B South Club Drive Landover, MD 20785

Phone: (202) 789-3212 Fax: (202) 789-3034 Email Address: d-warrenfletz@nga.gov

G.2 CORRESPONDENCE

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

G.3 INVOICING

Invoices shall be submitted first in draft to the COTR and CO for review. The COTR will notify the Contractor within (3) three workdays after receipt to proceed with delivery of the invoice for approval.

The Contractor will then deliver the invoice to the COTR for approval.

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

(1) Name and address of the Contractor;

(2) Invoice date and number;

(3) Contract number

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

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

(6) Payment Terms;

(7) Name and address of the Contractor’s official to whom payment is to be sent. The

“Remit To” address must correspond to the remittance address in the contract

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

(9) Other substantiating information or documentation as required by the contract; and mailto:db-gilson@nga.gov

AFM Project No. 1565

If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government 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.

The final invoive shall be prepared in the manner described in FAR clause 52.232-5 Payments under Fixed-Price Construction Contracts (Sept 2002); marked “FINAL INVOICE” and sent to the Contract Officer for processing.

G. 4 PAYMENT

In accordance with the FAR clause 52.232-34 (see partial text below), “Payment by Electronic Transfer – Other than Central Contractor Registration (May 1999), the Contractor must provide his EFT information to the designated payment office shown below

National Gallery of Art Treasurer’s Office (TGA) 2000B South Club Drive Landover, MD 20785

G. 5 RETAINAGE

The National Gallery of Art (NGA) will withhold 10% (or more if necessary) retainage to be shown in each of the Contractor’s monthly applications for payment to protect the interest of the NGA. Upon the Contract’s completion and NGA’s acceptance of the work, the retainage will be released. Any reduction in retainage is subject to approval of the Contracting Officer.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 NGA REQUIRED INSURANCE - CONSTRUCTION CONTRACTS

In accordance with the FAR clause 52.228-5 requiring that insurance requirements be set forth in the contract schedule, the following insurance requirements are provided:

(a) Contractor's Liability Insurance

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

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

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

(iii) Comprehensive General Liability:

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

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

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

and

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

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

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

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

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

(ii) Comprehensive General Liability insurance for bodily injury with limits of not less than $1,000,000.00 for each person and $1,000,000.00 for each accident, including requirements for protection of elevator operations, when applicable, and servicing areas adjacent to the building.

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

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

(v) Employer's Liability insurance of at least $100,000.00 for each accident.

(vi) Public Liability and Property Damage Insurance: The contractor shall take out and maintain during the life of this contract such Public Liability and Property Damage Insurance as shall protect the contractor and any subcontractor performing work under this contract from claims for damages for personal injury including accidental death, as well as from claims for personal property damage which may arise from operations under this contract, whether such operations be by the contractor or by an subcontractor or by anyone directly or indirectly employed by either of them. The contractor shall procure insurance coverage for direct operations, sublet work, elevators, contractual liability and completed operations with limits not less than $1,000,000.00.

(vii) Property Damage insurance, including Broad Form Property Damage and Explosion, Collapse, Underground property damage coverage’s, and blasting, where necessary.

(viii) Completed Operations Liability: Continues coverage in force for one year after completion of work.

(ix) Excess Umbrella Policy raising the above limits to $5 million.

(5) Liability insurance may be arranged by Comprehensive General Liability and Comprehensive Automobile Liability policies for the full limits required; Comprehensive General Liability Insurance may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by an excess of umbrella liability policy.

(6) It is understood and agreed that the contractor's insurance company shall notify, in writing, the Contracting Officer, National Gallery of Art, Washington, DC 20565, thirty (30) days in advance of the effective date of any reduction in the required limits, other changes or cancellation of this policy.

(7) With the exception of workmen's compensation, a certified true copy of each policy of insurance, including the above endorsement manually countersigned by an authorized representative of the insurance company, shall be furnished. The above policies and certificate shall be delivered to the Contracting Officer within ten (10) days following the date of notice of contract award. The insurance companies providing the above coverage shall be satisfactory to the NGA.

(b) Contractor's Own Property Insurance

(1) The contractor shall purchase and at all times maintain such insurance as will protect the contractor, the NGA, the NGA representatives, suppliers and employees, the architect, subcontractors and sub-subcontractors from loss or damage to work or property in the course of construction, including all machinery, materials and supplies on the premises or in transit thereto and intended to become a part of the finished work until acceptance by the NGA. This insurance shall be in the form of "Builders All-Risk," "All Risk Installation Floater," or equivalent. The contractor shall cause such policy or policies of insurance required under this clause to be endorsed so as to provide that the insurer or insurers waive any right of subrogation against the NGA. Any deductible provision in such insurance shall not exceed $10,000.00 without prior written approval of the Contracting Officer. Notwithstanding any such deductible provision, the contractor shall remain solely liable for the full amount of any item covered by such insurance.

(2) Any loss incurred under this clause is to be adjusted with the NGA and made payable to the NGA as trustee of the insured, as their interests may appear, subject to the requirements of any applicable mortgagee clause and of this clause. The contractor shall pay each subcontractor a just share of any insurance moneys received by the contractor, and by appropriate agreement, written where legally required for validity, shall require each subcontractor to make payments to his suppliers in similar manner.

(3) The NGA and contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by insurance obtained pursuant to this clause, or any other property insurance applicable to the work, except such rights as they may have to the proceeds of such insurance held by the NGA as trustee. The contractor shall require, by appropriate agreement, written where legally required for validity, similar waivers in favor the NGA and the contractor by subcontractors and suppliers. With respect to the waiver of rights of recover, the NGA shall be deemed to include, to this extend covered by property insurance applicable thereto, his consultants, employees, and agents and representatives including the employees and agents and the architect and his consultants employees and agents. The contract waives as against any separate contractor or NGA's employees performing work, all rights for damages cased by fire or other perils in the same manner as is provided above as against the NGA shall require, by appropriate agreement, written where legally required for validity, similar waivers in favor of the contractor by any validity, similar waivers in favor of the contractor by any separate contractor and his subcontractors and suppliers.

(4) The NGA as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within five days after the occurrence of loss to the NGA's exercise of this power, and if such objection be made, the matter shall be decided by a court of competent jurisdiction or as the parties in interest otherwise agree. The NGA as trustee shall, in that case, make settlement with the insurers in accordance with the orders of the court or as otherwise agreed by the parties in interest.

(5) The property insurance shall not be canceled or lapsed on account of any partial occupancy or use by the NGA for a portion or portions of the work prior to submittal completion, but will remain in full force and effect.

(c) The requirements of the "Insurance - Work on a Government Installation" clause prescribed in FAR 52.228-5, "Contractor's Own Property Insurance," and "Contractor's Liability Insurance" are supplemented to provide that the general liability and property insurance policies shall name "the National Gallery of Art," as an additional insured with respect to operations performed under this contract.

(1) Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above-required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the NGA in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than (30) days after written notice thereof to the Contracting Officer.

(2) The Contractor shall be required to provide annual insurance certification upon the exercise of any contract options. The Contractor agrees to insert the substances of this clause, including this paragraph (2), in all subcontractors hereunder.

H.2 ACCIDENT REPORT PROCEDURES

The National Gallery of Art requires reporting to the Security Office in the event of an accident. In addition to that requirement, the Contractor shall also file a report with the Contracting Officer, containing the information listed below, in the event of an accident involving NGA personnel or property.

A copy of the Security Office report may be used for this purpose providing it contains all the required information.

(1) Time and date of occurrence.

(2) The place of occurrence.

(3) A list of personnel directly involved.

(4) A narrative description of the accident that includes a chronological order of the accident and circumstances.

H.3 DISCLOSURE OF INFORMATION

Any information made available to the Contractor by the Gallery shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

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In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Gallery records and shall ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor's responsible employees.

Each officer or employee of the Contractor or any of its subcontractors to whom any Gallery record may be made available or disclosed shall be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use of gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both.

H.4 PUBLIC USE OF THE NAME OF THE NATIONAL GALLERY OF ART

The Contractor shall not refer to the Gallery or use the Gallery’s name for any reason whatsoever without the express prior written approval of the Gallery provided, however, that the Contractor shall have the right to use the name of the Gallery as it may be required by law.

H.5 COMPLIANCE WITH LAWS AND REGULATIONS

a. The Contractor shall fully comply with city, state and federal laws, regulations and/ or ordinances pertinent to performance of the contractual services required under this contract. It is the responsibility of the Contractor to perform services only after necessary clearances have been provided.

b. The Contractor and his employees shall observe all rules and regulations issued by the Gallery to fire, safety, sanitation, severe weather, admission to the installation, conduct of operations and so forth.

c. Fire Regulations. All rules and regulations issued by the National Board of Fire Underwriter covering storage and use of flammable mixtures which might constitute a fire hazard shall be observed by the Contractor and his employees.

d. Safety Regulation. All rules which are or may be imposed upon the Contractor by Federal, State or municipal code and the applicable installation regulations shall be effectively carried out in the performance of the service contemplated herein. The Contractor shall take proper safety and health precautions to protect the work, the employees, the public and the property of others. In performing any part of this contract on premises which are under the direct control of the Government, the Contractor, agents, servants or employees shall:

(1) Comply with and cooperate in all corrective and preventative measures or controls prescribed by the State or the Federal Government for protection of life and health of persons as required by OSHA, or for the prevention of damage to property and material.

(2) Participate fully in any safety or accident prevention program of any Government installation which the Contractor, or his agents, servants or employees, may be required to enter during the life of this contract.

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(3) Comply with the safety standards, regulations, directions, and requirements of the local commander, or his authorized, representative, applicable to the site of work and to perform such work in a safe manner.

(4) Exercise care and due precautions commensurate with the dangers or hazards of the work being performed with due consideration of physical surroundings, equipment, facilities, personnel and other factors involved.

(5) Report immediately to the local commander, or his authorized representative, all accidents involving the Contractor, or his agents, servants or employees, which occur ion a Government installation or other premises under the direct control of the Government.

H.6 RESPONSIBILITY FOR LOSS, PERSONAL INJURY OF CONTRACTOR PERSONNEL

The Government will not be responsible or held liable for any loss, damage, personal injury or loss of life of Contractor personnel, not caused by the Fault, negligence, wrongful omission of the Government, its agents or its employees, occurring at any time such personnel are entering, exiting, using, or occupying Government property or facilities in performance of this contract.

The Contractor shall be liable and will indemnify and hold harmless the Government, its agents and employees, against all actions or claims for damages to persons, property, including death not caused by the fault, negligence, wrongful act, or wrongful omission of the Government, its agents, or employees.

The Contractor shall be liable and will indemnify and hold harmless the Government, its agents and employees against all action or claims for all damages to persons or property, including death arising or resulting from the fault, negligence, wrongful act, or wrongful omission of the Contractor personnel in accordance with the Federal Tort Claim Act (28 U.S.C. 2671-2680)

H.7 WORK STOPPAGES

Delays and work stoppages are to be expected during the course of construction. NGA shall have the right to stop work in progress at any time without prior notice. The NGA shall use 13-calendar days (12-hour days) per year as days when no site access will be permitted. The contractor shall include in the offer a fee that shall represent all cost caused by this 13-day delay in work. No additional fee shall be paid for rental equipment, crew size, etc. The scheduled completion time shall include the 13-day per year-anticipated work stoppage.

H.8 TAX EXEMPTION

The National Gallery of Art is classified as a 501(c)(3) nonprofit organization by the Internal Revenue Service and is exempt from federal income taxes under provisions of 501(c)(3) of the Internal Revenue Code. The contractors shall develop the proposal that does not include state sales tax for materials related to this request for proposal. A copy of the tax exempt will be provided at time of contract award.

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. 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)

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.202-1 Definitions JULY 2004 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-7 Anti-Kickback Procedures JUL 1995 52.204-7 Central Contractor Registration OCT 2003 52.212-4 Contract Terms and Conditions – Commercial Items FEB 2007 52.222-41 Service Contract Act of 1965, as Amended JUL 2005 52.223-14 Toxic Chemical Release Reporting AUG 2003 52.225-13 Restriction on Certain Foreign Purchases (FEB 2006 52.228-5 Insurance-Work on a Government Installation JAN 1997 52.233-4 Applicable Law For Breach Of Contract Claim OCT 2004 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.237-2 Protection of Government Buildings, Equipment, and

Vegetation

APR 1984

52.239-1 Privacy or Security Safeguards AUG 1996 52.242-14 Suspension of Work APR 1984 52.243-1 Changes—Fixed-Price , Alternate II AUG 1987 52.244-6 Subcontracts for Commercial Items MAR 2007 52.246-2 Inspection of Supplies—Fixed-Price AUG 1996

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52.246-4 Inspection of Services—Fixed-Price AUG 1996 52.247-21 Contractor Liability for Personal Injury and/or Property Damage APR 1984 52.247-27 Contract Not Affected by Oral Agreement APR 1984

I.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS. (JUNE 2008)

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-

3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past…