RFP-10-191_9-1-09pdf.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

NGA-RFP-10-191

AFM-Pest Control Services

National Gallery of Art Request for Proposal

AFM Pest Control Services

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. CONTRACT ADMINISTRATION DATA

H. SPECIAL CONTRACT REQUIREMENTS

PART 1I – CONTRACT CLAUSES

I. CONTRACT CLAUSES

PART III – LIST OF ATTACHMENTS

J. LIST OF ATTACHMENTS

PART 1V – REPRESENTATIONS AND INSTRUCTIONS

K. REPRESENTATIONS CERTIFICATIONS AND OTHER STATEMENTS TO

OFFERORS

L. INSTRUCTIONS CONDITION, AND NOTICES TO OFFEROR

M. EVALUATION FACTORS FOR AWARD

PART I - THE SCHEDULE

SECTION A: STANDARD FORM 1449, CONTINUED

SECTION B: SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 SERVICES BEING ACQUIRED

The National Gallery of Art (Gallery) Office of Facilities Management- Work Control Center solicits interested and qualified firms to submit proposals for entering into an agreement to provide pest control services.

B.2 CONTRACT TYPE

The National Gallery of Art (NGA) anticipates awarding a firm-fixed price (FFP) indefinite quantity commercial contract. The contract will have a base year, with four (4) one-year option periods.

B.3 INCENTIVE

As an incentive, the Gallery intends to award the Contractor five (5) additional one-year option periods for exceptional performance and outstanding customer service without additional competition.

B.4 FIRM FIXED PRICE CONTRACT LINE ITEMS NUMBERS (CLINS)

Contract line Item Numbers (CLIN): 0001, through 4001, there under shall be provided to the Gallery on a FFP basis in accordance with the prices established in the CLINS scheduled provided in section B.5

(Contractor is to complete the Unit Prices and Extended Price Below for each option year :)

B5. PRICING SCHEDULE

Base Year: 10/1/09-9/30/10 CLIN Description Monthly Amount Total Yearly Amount 0001 The Contractor shall provide services in accordance with the Statement of Work, Section C

Option Year 1: 10/1/10-9/30/11 CLIN Description Monthly Amount Total Yearly Amount 1001 The Contractor shall provide services in accordance with the

Option Year 2: 10/1/11-9/30/12

2001 The Contractor shall provide services in accordance with the

Option Year 3: 10/1/12-9/30/13

3001 The Contractor shall provide services in accordance with the

Option Year 4: 10/1/13-9/30/14

4001 The Contractor shall provide services in accordance with the

SECTION C: DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 GENERAL INTENTION: It is the intention of this solicitation to obtain pest control services at the National Gallery of Art, Washington, DC, by means of a combination firm-fixed price and indefinite quantity contract. The contract shall include a one-year base period with four (4) one-year option periods.

As an incentive, the Gallery intends to award the Contractor five (5) additional one-year option periods for exceptional performance and outstanding customer service without additional competition.

C.1.1 GENERAL REQUIREMENTS FOR PEST CONTROL: The Contractor shall provide a comprehensive pest control program for the interior and exterior areas of the National Gallery of Art, including the East Building, West Building, Connecting Link, Sculpture Garden Pavilion and associated grounds and garden areas. Such program shall include regularly scheduled Preventive Maintenance (PM) Inspections and treatments and shall include work order generated, as-needed service inspections and treatments.

C.1.2 Pest management preventive maintenance (PM) program: The Contractor shall provide the following preventive maintenance pest control services:

C.1.2.1 Weekly Food Service Area PMs: All kitchen, food service, food preparation, food storage, dining areas and adjoining mechanical rooms, rest rooms, locker rooms, crawlspaces, ceilings and storage areas shall be inspected and treated Weekly (one night per week). Treatments shall be performed in the evening, between the hours of 5:00 PM and 11:30 PM (non-public hours). Contractor must inform the Contracting Officers Technical Representative (COTR) at least one business day (24 hours), prior to the spraying and/or application of chemicals in any Food Service area. Time/Dates of weekly PM visit to be coordinated with COTR.

C.1.2.1.1 Food Service Area Locations:

Cascade Café Area (Connecting Link CLA107) Garden Café Area (West Building G44A) Refectory Area (East Building S-715)

C.1.2.1.2 Food Service Area Interior Square Footage (approximate)

Kitchen / Food Preparation Areas: 12,221 Dining / Serving Areas: 15,541

Note: Weekly Food Service Area PMs are color coded yellow on associated site plan (Exhibit 1)

C.1.2.2 Bi-Monthly Interior PM Locations: All mechanical rooms, utility corridors, utility tunnels, mechanical pits, sewage ejector areas, crawl spaces, custodial closets, rest rooms, locker rooms, shower rooms, corridors, break/lounge areas, trash and dumpster areas, garage areas, vending machine areas, auditorium areas and interior garden areas shall be inspected and treated, Bi Monthly (Two times per month).

C.1.2.2.1 Interior PM Location Square Footage (approximate)

Mechanical / Utility Areas: 21,581 Crawl Space Areas: 29,507

Custodial Closets: 846 Rest Rooms: 10,223 Locker / Shower Areas: 4,935 Lounge Areas: 4,970 Garage / Interior Dumpster Areas: 38,157 Vending Machine Areas: 248 Auditorium Stage Areas: 2,968 Interior Garden Areas (East and West Garden Courts): 7,680

Note: Bi Monthly Interior PM locations are color coded orange on associated site plan (Exhibit 1)

C.1.2.3 Bi-Monthly Exterior PM Locations: Contractor to provide exterior pest control services for all National Gallery of Art Grounds and Garden areas within the perimeter of Constitution and Pennsylvania Avenue on the north, Madison Drive on the south, Third Street on the east and Ninth Street on the West.

Exterior areas shall be inspected and treated Bi-Monthly (Two times per month). Treatments in public areas (such as the Sculpture Garden) must be performed during non-public hours (Before 10:00 AM, Monday through Friday). Exterior services shall be limited to the control of rodents and stinging insects (including, but not limited to, rats, mice, wasps, hornets, carpenter bees, yellow jackets, and mud daubers).

C.1.2.3.1 Exterior Areas of Concern: Exterior areas with the highest historical incidence of rodent activity are: the West Building Plaza magnolia tree beds; the East Building cherry tree beds; the West Building South East and South West Moat dumpster areas and the shrub beds behind the Sculpture Garden Pavilion.

C.1.2.3.2 Exterior PM Area Square Footage (approximate)

Exterior Grounds and Garden Areas: 25.3 Acres (Acreage figure includes building footprints, driveways, sidewalks and other structures.)

Note: Bi Monthly Exterior PM locations are color coded orange on associated site plan (Exhibit 1)

C.2 As Needed Services: Service Work Orders- When “As Needed” services are required, service work orders shall be issued by the COTR to the Contractor. The Contractor shall pick up all service work orders from the National Gallery of Art Work Control Center Office, between the hours of 7:00 AM and 5:00 PM, prior to each PM visit. In addition to scheduled PM work, the Contractor shall perform all work specified in the service work orders, sign and date the work orders, specify type and quantity of treatment material used and return completed work orders to the COTR with (5) working days of job completion.

Service work orders are initiated by Gallery Staff and are generally related to office areas. Service work orders, however, can be issued for pest problems in any interior or exterior area of the Gallery.

C.2.1 As Needed Services: Urgent Response Work Orders- Contractor shall provide same day, urgent response service, if contacted by the COTR prior to 10:00 AM Monday through Friday (excluding Federal holidays). Work orders for urgent services shall be issued by the COTR to the Contractor.

The Contractor shall pick up “Urgent” work orders from the National Gallery of Art Work Control Center Office, between the hours of 7:00 AM and 5:00 PM. If the Contractor is contacted by the COTR from 10:00 AM to 5:00 PM, the Contractor shall provide urgent response service before the end of the next business day.

The Contractor shall perform all work specified in Urgent work orders, sign and date the work orders, specify type and quantity of treatment used, and return completed work orders to the COTR within one

(1) working day of job completion.

C.2.2 The COTR shall determine what pest control needs require urgent response. Historically, urgent service requests are related to pest problems in Food Service areas.

C.2.3 As Needed Service Work Orders: Historically, approximately fifty (50), “As Needed” work orders are issued per year. This count includes both Service and Urgent type work orders.

C.3 Bird Removal: Contractor shall provide humane removal services for the capture and release of birds from interior areas of the Gallery. Historically, approximately four (4) birds a year need to be captured and removed. Contractor shall perform this service no more than two (2) business days following contact by COTR.

C.4 Records and Reports: The Contractor shall provide PM service reports at the completion of each service visit. At a minimum, reports shall identify date of visit, types and quantities of treatment materials used, location of use, pests identified (if any); name and license number of the pest control technician and a list any sanitary or structural deficiencies contributing to the pest problem.

Contractor shall provide COTR with PM service report within five (5) business days of service visit.

C.4.1 Food Service Area Records and Reports: Following Food Service Area work, Contractor shall leave one copy of PM service report at the Cascade Café Manager’s office, on the night of the service visit.

C.5 Pest Control Treatments: Pest Control Treatments are defined as follows:

C.5.1 The application/placement of chemicals, traps or devices, inside and outside of buildings in a safe manner consistent with accepted industry standards, for the purpose of abating, repelling, controlling or eliminating pests.

C.5.2 Treatment Determination: The type of treatments used shall be determined by the Contractor, based upon the type of pest identified, the environment, the proximity of Gallery Staff, visitors and agents of the Gallery, and the safest most effective method of eradication consistent with accepted industry standards.

The COTR in conjunction with the National Gallery of Art Risk Management Office, reserves the right to prohibit the use of any chemicals it finds unsuitable for use in the Gallery. Contractor must provide Material Safety Data Sheets (MSDS) sheets to the Gallery prior to application of any chemical used in accordance with the National Gallery of Art Safety Requirements with Regards to Specification 01 3532 Hazardous Material within fifteen (15) days from Contract award.

OPTION: INTEGRATED PEST MANAGEMENT PROGRAM (IPM) FOR ART AREAS

At a future date, the Gallery may consider the implementation of an Integrated Pest Management Program for Art Storage, Art Preservation and Art Display areas. Such plan would be integrated with our current pest control program and include the following:

Establishment of pest monitoring system (placement of bar coded glue boards/traps at specific locations and/or areas of concern) Maps/Floor plans identifying location of each pest monitor/trap Bi-Weekly inspection of monitored areas/ barcode scanning of traps Establishment of an IPM database for storing pest monitor / barcode data Entomologic analysis of monitor data/captured pest(s)

Routine reports (identifying specific pest types, quantities and population trends at each monitored location. Reports to include date of inspection and recommended strategies for the control of identified populations with an emphasis on non-chemical techniques) Consultation with COTR regarding recommended control strategies Implementation of control strategies and/or eradication of identified pest(s)

Square Footage Art Display: 114,234 Art Storage: 30,845

SECTION D: PACKAGING AND MARKING

D.1 MARKING

All information and submittals, including forms, reports, and other materials provided to the Contracting Officer (CO), Contract Specialist (CS), or Contracting Officers Technical Representative (COTR) shall be clearly marked with the contract number and project name.

NGA Contract Number: To be established at time of award.

Project Title: AFM-Pest Control Services

D.2 PACKAGING AND PACKING

The contractor shall package and pack materials in such a manner that will insure delivery, storage, and handling of products using methods that will prevent damage, loss, and theft.

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 FAR 52.252-2 “CLAUSES INCORPORATED BY REFERENCE” (FEB 1998) in Section I of this contract. This contract incorporates one or more FAR clauses by reference, with the same force and effect as if they were administered in full text. Upon request, the CO will make the FAR clauses available in full text. Also, the full text of a FAR clause may be accessed electronically at this/these website(s): http://www.arnet.gov

E.2 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

The Contract shall comply with the following FAR clauses:

NUMBER TITLE DATE

52.246-2 INSPECTION OF SUPPLIES –FIXED PRICE AUG 1996

52.246-4 INSPECTION OF SERVICES – FIXED PRICE AUG 1996

52.246-16 RESPONSIBILITY OF SUPPLIES APR 1984

E.3 INSPECTION AND ACCEPTANCE

The COTR named in Section G is responsible for the inspection and acceptance of all work performed under this contract, including deliverables, unless delegated to a project manager identified by the COTR.

http://www.arnet.gov/

In the event the deliverables or services provided are determined to be unacceptable, the COTR shall provide the Contractor with information on requirements for correction.

SECTION F: DELIVERIES OR PERFORMANCE

F.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

NUMBER TITLE DATE

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

F.2 NOTICE TO PROCEED

(a) Following receipt from the Contractor of any bonds or evidence of insurance within the time specified in Section H of this contract, and following acceptance of these documents by the Contracting Officer, the Contracting Officer will provide to the Contractor a Notice to Proceed. The Contractor must then prosecute the work required hereunder.

(b) It is possible that the Contracting Officer may elect to issue the Notice to Proceed prior to receipt and acceptance of any bonds or evidence of insurance required hereunder. Issuance of a Notice to Proceed by the Government before receipt of the required bonds or insurance certificates or policies shall not be a waiver of the requirement to furnish these documents.

F.3 INSURANCE INFORMATION

The Contractor must submit certificates of insurance to the Contracting Officer for review and approval within 7 days of contract award. See insurance requirements in Section H.1.

F. 4 PERIOD OF PERFORMANCE

This Contract will provide the required produce and services for this contract and shall commence on the date of execution thereof by the Gallery (Effective Date) and shall remain in effect for period of one (1) year thereafter until the first anniversary thereof (‘Base Year’). Thereafter, The Gallery may, in its sole discretion, extend the term, for four (4) successive periods of one (1) year each (Option Years’), in accordance with FAR Clause No. 52.217-9 Option to Extend the Term of the Contract is set forth in its full text in Section I. Options may be exercised via a contract modification (SF-30). The Gallery may at its sole discretion, extend the term for five (5) additional one-year option periods for exceptional performance and outstanding customer service without additional competition.

The period of performance dates and incentives dates are as follows:

Base Year: 10/01/2009 – 09/30/2010 Option Year 1: 10/01/2010 – 09/30/2011 Option Year 2: 10/01/2011 – 09/30/2012 Option Year 3: 10/01/2012 – 09/30/2013 Option Year 4: 10/01/2013 – 09/30/2014 Incentive:

Option Year 5: 10/01/2014 – 09/30/2015 Option Year 6: 10/01/2015 – 09/30/2016 Option Year 7: 10/01/2016 – 09/30/2017 Option Year 8: 10/01/2017 – 09/30/2018

Option Year 9: 10/01/2018 – 09/30/2019

F.5 DELIVERABLES

The contractor shall provide to the Gallery such submission and deliverables as are required in this contract and in the exhibits and attachments hereto including without limitations, the following:

SECTION DESCRIPTION QUANTITY DELIVERY

DATE

DELIVERY TO:

C.5.2 Section 01 3523 1.4.A.2 Submittals NGA Safety Requirements H.8ii

Material Safety Data Sheets

(MSDS)

3 15 days following contract award

CO, COTR and Safety Manager

Section 01 3523 1.4.A.2 Submittals NGA Safety Requirements H.8ii

Safety Plan 3 15 days following contract award

CO, COTR, Safety Manager

H.2 Insurance 2 10 days following contract award

CO and COTR

H.6 License and Permits Licensing and Certification

2 10 days following award

CO and COTR

H.11 Collective Bargaining Agreement

1 Due with Proposal (If under CBA)

CO and COTR

L.1 Site Visit Confirmation

1 Friday, September 11, 2009, By 2:00

PM EDT

CS

L.1 Site Visit 1 Wednesday, September 16, 2009, beginning at

10:00 AM

WB Service Entrance.

CS

L.2 RFP Questions Friday, September 18, 2009. By 12:00 PM EDT on

CS

L.4.1.f Proposal Due Date 6 Tuesday, September 29, 2009 No later than

4:30 PM

CS

NGA-3553 Security Forms 5 days following contract award

COTR and CO

F.6 POST AWARD CONFERENCE

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

SECTION G: CONTRACT ADMINISTRATION DATA

G.1 CONTRACT MANAGEMENT

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

All contract administration matters shall be effected by the Contracting Officer (CO) to include but not limited to 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 the 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 work to be performed or increases the scope of the work to be performed, it is the Contractor’s responsibility to make inquiry of the Contracting Officer before making the deviation. Payments will not be made without being authorized by the appointed Contracting Officer with the legal authority to bind the Government.

G.1.2 Contracting Officer (CO)

The CO is the only person authorized to make or approve any changes in any of the requirements of the contract and notwithstanding any provisions contained elsewhere in this contract. The said authority remains solely with the CO. 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 well as contract terminations for convenience or default.

Henrietta V. Brox-Campbell 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-Campbell 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.1.3 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 Borjon-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 Borjon-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.1.4 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 or Specifications the CO shall issue such changes in writing.

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

Title: Supervisory Program Specialist Location: National Gallery of Art Office of Facilities Management-Work Control (AFM-WC) 601 Pennsylvania Avenue, NW South Building – Suite 300 Washington, DC 20004

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

Phone: (202) 842-6924 Fax: (202) 312-2675 Email Address: c-miller@nga.gov

G.2 CORRESPONDENCE

All correspondence, (i.e., email, US mail, Federal Express, etc) shall be prepared in accordance with Section D and addressed to the CO and CS and COTR. Please note the mailing address for the NGA.

2000B South Club Drive

G.3 INVOICING

The original invoice shall be submitted directly to the COTR for verification and approval, prior to being forwarded for payment. If the purchase is to be paid by credit card, the COTR will contact the Contractor directly with the credit card information and authorization after receipt and verification of the invoice.

The invoice shall include the date the invoice was prepared, the date of delivery, the purchase order number, the line or CLIN numbers (when applicable), the number of items delivered per line or CLIN, a description of the items, the unit price, and the extended cost.

The Contractor shall submit proper invoices at time of the delivery of the supplies. All invoices shall be addressed as indicated below

John Haughey, AFM-WC National Gallery of Art 2000B South Club Drive

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 mailto:c-miller@nga.gov

(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

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 below as shown:

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

G.5 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER -CENTRAL

CONTRACTOR REGISTRATION (OCT 2003) (partial text only)

“(1) The Contractor is required to provide the Government with the information required to make payment by EFT (see paragraph (j) of this clause). The Contractor shall provide this information directly to the office designated in this contract to receive that information (hereafter: "designated office") no later than 15 days prior to submission of the first request for payment.”

G.6 ACCOUNTING AND APPROPRIATION DATA

Accounting and appropriation data will be noted on contract at time of award.

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 NGA REQUIRED INSURANCE

In accordance with FAR clause 52.228-5, the following insurance requirements for this contract are provided herein:

(a) Contractor's Liability Insurance

(1) The contractor shall purchase and maintain in companies properly licensed to do business in the location where work 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 its 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 there from;

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 its 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 occupational disease.

(ii) Comprehensive General Liability insurance for bodily injury with limits of not less than $100,000.00 for each person and $100,000.00 for each accident.

(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 for each accident.

H.2 TIME FOR SUBMISSION OF EVIDENCE OF INSURANCE

The Contractor shall provide evidence of the insurance required under this contract within ten (10) calendar days following contract award. Failure to timely submit this evidence, in a form acceptable to the Contracting Officer, may result in rescinding or termination of the contract by the Government.

H.3 LICENSE/PERMITS

The Contractor shall, and without additional expense to the Gallery, obtain all licenses/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 CO 10 days following award.

H.4 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.

In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of National Gallery of Art 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. The Contractor shall not refer to the Gallery or use the Gallery’s name for any reason whatsoever without the expressed prior written approval of the CO.

H.5 ACCIDENT REPORTING PROCEDURES

In the event of an accident involving NGA personnel or property, the Contractor shall file a report with the Security Office and with the Contracting Officer, containing the following 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.6 COMPLIANCE WITH LAWS AND REGULATIONS

(1) 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.

(2) 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.

(3) 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.

(4) 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:

a. 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.

b. 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.

c. 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.

i. Any product containing toxic or hazardous chemicals used in conjunction with this contract will require Gallery acceptance. The Contractor shall submit a list of the proposed products, including appropriate Materials

ii. Material Safety Data Sheet(s) (MSDS), or accepted equal to OSHA Form No. 20, quoting activity hazard data and chemical components at least fifteen (15) calendar days prior to intended use. No toxic or hazardous materials will be permitted on Gallery property without written authorization from the COTR and

AOPS.

iii. A listing of toxic and hazardous materials and substances used at the Gallery is located in the AOPS office. The Contractor shall be responsible for viewing this list to become familiar with toxic and hazardous materials and substances that may be present at the work site.

iv. The Contractor shall meet with the COTR and AOPS prior to disturbing any toxic or hazardous materials encountered at the site.

(5) 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.

a. The Contractor shall prevent exposure to Gallery employees/visitors and Contractor personnel from inhalation, absorption, or contact with any material or substance at concentrations exceeding levels specified in the American Conference of Governmental Industrial Hygienists “Threshold Limit Values and Biological Exposure Indexes for 1988 – 1989” and Subpart Z – Toxic and Hazardous Substances of the Occupational Safety and Health Standard. The Contractor shall monitor the use of all toxic and hazardous substances to ensure specified exposure limits are not exceeded.

(6) 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.7 SECURITY REQUIREMENTS

Reference NGA Safety Specification Number Section 01 3523.

H.8 SAFETY REQUIREMENTS

Reference NGA Safety Specification Number Section 01 3523.

H.9 SAFETY AND SECURITY & CONSEQUENCES FOR VIOLATIONS

A. The document titled Section 01 3523 - National Gallery of Art Safety Requirements (‘NGA Safety Requirements’) is annexed hereto as Attachment 11, and its contents expressly incorporated herein. The Contractor shall strictly adhere in all respects to the requirements and constraints set forth in NGA Safety Requirements, including but not limited, those relating to:

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

2. Contractor’s Safety Plan Submittal

3. Contractor’s Safety

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

1. Regulations related to Safety

2. Use of Premises

3. Field Personnel

4. Electronic Security and Detection Systems

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

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

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

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

E. Any proposed product consisting of toxic or hazardous chemical components shall require the Gallery’s acceptance in advance. Products containing asbestos, lead-based paint, mercury, polychlorinated biphenyls or di-isocyanates and processes using ionizing or non-ionizing radiation are expressly prohibited unless approved by the COTR and the AOP Risk Management Office. The Contractor shall submit a list of the proposed products, including the appropriate Material Safety Data Sheet(s) (MSDS) or accepted equal to OSHA Form No. 20, quoting activity hazard data and chemical components within five (5) business days following contract award. No toxic or hazardous materials will be permitted within the Gallery without written authorization from the COTR and the AOP Risk Management Office.

H.10 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.11 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. (Attachment)

H.12 WAGE DETERMINATION BASED ON SERVICE CONTRACT ACT WAGE

DETERMINATION

The Service Contract Act Wage Determination (SCA) number: CBA-2005-2104; revision number: 10;

dated 05/26/09 is the most current SCA WD, for solicitation RFP-10-091 for the NGA Pest Control Contract. (Attachment)

H.13 COLLECTIVE BARGAINING AGREEMENT (CBA)

If the Offeror bases the wages on a Collective Bargaining Agreement (CBA). The Offeror shall provide a full copy of the CBA in the proposal.

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.

The Contract shall comply with the following FAR clauses:

52.212-1 Instructions to Offerors—Commercial Items. (JUN 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 performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

http://www.acquisition.gov/far/current/html/FormsStandard68.html#wp1186059 http://www.acquisition.gov/far/current/html/FormsStandard68.html#wp1186059 http://www.acquisition.gov/far/current/html/52_212_213.html#wp1179194 http://www.acquisition.gov/far/current/html/52_212_213.html#wp1179194 http://www.acquisition.gov/far/current/html/52_212_213.html#wp1179194 http://www.acquisition.gov/far/current/html/FormsStandard68.html#wp1186059

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.