sf14499-16-09.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) commercial contract.

with a time-and-materials (T&M) component. 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

Fixed Price

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

B.6 Time and Material Pricing

Labor hour rate includes basic materials cost, rates for routine and emergency services calls.

Labor Description Labor Hour Rate Pest Control Technician Entomologist

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 firm-fixed price. Pest control services shall include all treatments, inspections, pest identifications, entomological services, and management necessary for the control and extermination of pests (interior and exterior) at the National Gallery of Art (referred to as the Gallery hereinafter). Work therein shall include the performance of scheduled preventive maintenance tasks and service calls as required. The contract shall include a one-year base period with four (4) one-year option periods.

C.2 GENERAL REQUIREMENTS: The Contractor shall furnish all labor, transportation, equipment, materials, tools, supervision, and management required to provide pest control services for the East Building, West Building, Connecting Link, Sculpture Garden Pavilion, and adjacent grounds and garden areas in accordance with the specifications provided herein.

C.2.1 Gallery Rules and Regulations: The Contractor shall be responsible for adherence to all applicable Gallery rules and regulations. Failure to inspect the site or to obtain knowledge of the Gallery’s security and safety rules and regulations shall not relieve the Contractor from performing the contracted work or complying with the security and safety rules and regulations.

C.2.1.1 The Gallery’s Office of Protection Services (AOP) will perform a background security check on each employee of the Contractor proposed to work in Gallery spaces. Because of the Gallery’s mission and the potential for risk in permitting access to secured areas, there is no guarantee that security clearance will be issued to Contractor employees. The Gallery reserves the right to deny clearance to any specific employee of the Contractor at the Gallery’s discretion, based on results of the required background checks. The Gallery also reserves the right to deny access to Gallery areas during times when the Gallery is closed and to deny access to non-public areas. The Gallery further reserves the right to revoke an issued ID badge, if circumstances warrant such an action. The Contractor agrees to accept the Gallery’s determination regarding security clearances and, by signing the contract, waives any right to challenge the Gallery’s decision to reject any specific employee of the Contractor.

C.2.1.2 The Contractor shall comply with all applicable Federal and local safety, health and environmental regulations as governed by authorities having jurisdiction including, but not limited to, the following:

C.2.1.2.1 OSHA Standards 29 CFR 1910 (Occupational Safety and Health Standards) and 29 CFR 1926 (Safety and Health Regulations for Construction).

C.2.1.2.2 United States Environmental Protection Agency Standards 40 CFR (Protection of Environment).

C.2.1.3 All work restrictions are subject to change when the Threat Advisory Level is raised above Code Yellow “Elevated” status by the Department of Homeland Security and adopted by the Gallery. The COTR will advise the Contractor of additional work restrictions initiated by AOP should a change in the Threat Level Advisory occur.

C.2.1.4 The Contractor shall provide all labor, materials, and equipment required for the protection of Gallery staff, visitors, equipment, furnishings, buildings, and grounds from damage caused by Contractor negligence. Gallery equipment, furnishings, buildings, and grounds damaged by the Contractor shall be repaired or replaced to original condition at no additional cost to the Gallery.

C.2.1.5 Contractor personnel entering the Gallery with personal property, including tools and equipment, will be issued a Gallery property pass signed by an authorized representative of the Gallery. The property pass will be required for the Contractor to exit the Gallery with personal property.

C.2.1.6 Daily parking is not available at the Gallery. When the Contractor requires frequent access to a vehicle for equipment or materials, parking may be available on a case by case basis. The Contractor shall submit a written request minimum 24 hours in advance to the COTR for each vehicle requesting a parking permit. The COTR will submit the request to the Gallery Parking Coordinator for approval. The COTR will advise the Contractor of approval prior to the Contractor parking vehicles on the Gallery premises. Each written request shall include hours, date, model and year of vehicle, license number, name of company on vehicle, and personnel responsible for vehicle while parked on the Gallery premises.

C.2.1.7 When the Contractor requires the use of the Loading Dock or other approved Gallery location for the delivery of materials, the Contractor shall submit a written request minimum 24 hours in advance to the COTR. The Contractor shall obtain the COTR's approval prior to using the Loading Dock and/or alternate location for material delivery. Each written request shall include hours, dates, model and year of vehicle, license number, name of company on vehicle, and personnel responsible for vehicle while located at the Gallery.

C.2.1.8 Field Personnel

C.2.1.8.1 Within five (5) working days following the date of contract award, the Contractor shall submit a list of field personnel proposed to work at the site.

C.2.1.8.1.1 Attach the following completed forms and information for each Contractor employee:

C.2.1.8.1.1.1 NGA Form 321, “Authorization for Release of Information” (Attachment 1).

C.2.1.8.1.1.2 A clear, legible photocopy of the employee's driver's license.

C.2.1.8.1.2 Limit list to those individuals scheduled to work at the Gallery. Lists submitted with all company personnel will be rejected, resulting in delay of entry into the Gallery.

C.2.1.8.1.3 Submit list and attachments to the COTR for processing by AOP.

C.2.1.8.1.4 Revise the list when personnel not already on the list are proposed to work at the Gallery.

Submit the revised list to the COTR seven (7) work days prior to personnel reporting to the site.

C.2.1.8.1.5 Should suitability issues be discovered which would preclude an individual from being granted access to the premises, AOP will advise the COTR who will notify the Contractor so arrangements can be made for a replacement. Time shall be allowed for the screening of replacement personnel.

C.2.1.8.1.6 The Gallery issues two (2) types of access badges to Contractor employees. Permanent (limited Gallery Access ID) badges and temporary (escort required) badges. Each type of badge has certain responsibilities and privileges. It is completely at the Gallery’s discretion as to which type of badge is issued to the Contractor’s employees. Each employee shall wear the badge in a visible manner at all times when on Gallery property.

C.2.1.8.1.6.1 A permanent badge permits unaccompanied access to most Gallery areas. The permanent badge is issued for a stated period of time, and is held by the Contractor’s employee until the expiration date or the time when the Gallery requests its return.

C.2.1.8.1.6.2 Temporary badges are issued on a daily basis and shall be returned to AOP staff when exiting the Gallery. Employees issued temporary badges shall be escorted at all times when the Gallery is closed to the public and/or when performing work in non-public areas. Escort shall be provided by AOP staff or Contractor employee possessing a permanent badge as approved by the assigned AOP escort.

C.2.1.8.2 The designated point of entry and exit for all Contractor personnel is the West Building Service Entrance, off Constitution Avenue, between 6th and 4th Streets.

C.2.1.8.2.1 Contractor personnel shall sign in at the security desk when entering and exiting the Gallery.

C.2.1.9 Any product containing toxic or hazardous chemicals used in conjunction with this contract will require prior Gallery acceptance. The Contractor shall submit a list of the proposed products, including appropriate Materials Safety Data Sheet(s) (MSDS), or accepted equal to OSHA Form No. 20, quoting activity hazard data and chemical components within 15 days following contract award. No toxic or hazardous materials will be permitted on Gallery property without written authorization from the COTR and AOP.

C.2.1.9.1 A listing of toxic and hazardous materials and substances used at the Gallery is located in the AOP office. The Contractor shall be responsible for viewing this list to become familiar with toxic and hazardous materials and substances that may be present at the work site.

C.2.1.9.2 The Contractor shall meet with the COTR and AOP prior to disturbing any toxic or hazardous materials encountered at the site.

C.2.1.10 The Contractor shall prevent exposure to Gallery employees and 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.

C.2.2 Government Quality Assurance: The Government’s Quality Assurance Surveillance Program is not a substitute for quality control by the Contractor. Findings of unsatisfactory or non-performed work will be documented and issued to the Contractor via a Quality Deficiency Service Report (Attachment).

All costs associated with rework shall be the responsibility of the Contractor. The Gallery reserves the right to choose the inspection methods to be used in the implementation of the Quality Assurance program and to vary the inspection methods utilized during the performance of work without notice to the Contractor.

C.2.3 Contractor Quality Control Program: The Contractor shall prepare and maintain a Quality Control Program (QCP) to ensure that work performed herein conforms to contract requirements. The

Contractor’s QCP shall be submitted to the COTR for review and approval within 15 calendar days following the written notice to proceed. The COTR will review the QCP and provide comments to the Contractor within 5 calendar days following receipt of the plan. The Contractor shall finalize the QCP in accordance with the comments within 5 calendar days following receipt of the comments. In the event that an agreement cannot be reached, the Gallery reserves the right to direct the QCP.

C.3 DEFINITIONS – TECHNICAL: As used throughout this contract, the following terms shall have the meaning set forth hereinafter. Additional definitions are included in the “DEFINITIONS” clause in Section I.

C.3.1 Where “as directed”, “as required”, “as permitted”, “approval”, “acceptance”, or words of similar import are used, it shall be understood that direction, requirement, permission, approval, or acceptance of the COTR is intended, unless stated otherwise.

C.3.2 AFM: The Gallery’s Administrative Office of Facility Management.

C.3.3 AOP: The Gallery Administrative Office of Protection Services.

C.3.4 Contractor Representative: Person(s) designated by the Contractor to be his/her authorized representative. One such person shall serve as the Gallery’s principal point of contact.

C.3.5 COTR: Contracting Officer’s Technical Representative.

C.3.6 Facility: An establishment, structure, or assembly of units or equipment designated for a specific function.

C.3.7 The term “provided” shall be understood to mean provided in place; that is, furnished and installed, ready for use.

C.3.8 Quality Assurance (QA): A method used by the Gallery to provide a measure of control over the quality of purchased goods and services received.

C.3.9 Quality Control (QC): A method used by the Contractor to control the quality of goods and services produced.

C.3.10 Regular Working Hours: The Gallery’s regular (normal) working hours are from 7:00 AM to 5:00 PM, Monday through Friday, except:

C.3.10.1 Federal holidays; and

C.3.10.2 Other days specifically designated by the Contracting Officer.

C.3.11 Pests: Insects and rodents including, but not limited to, cockroaches, ants, bees, wasps, yellow jackets, spiders, silverfish, centipedes, fleas, ticks, crickets, pill bugs, earwigs, fly’s, gnats, rats, bats, and mice.

C.3.12 Treatment(s): The application/placement of industry accepted chemicals, traps, or devices, inside and outside of buildings, for the purpose of abating, repelling, controlling, or eliminating pests.

The type of treatment shall be determined by the Contractor based upon the type of pest identified, the proximity of Gallery Staff, visitors, and agents of the Gallery, and the safest and most effective method of eradication.

C.3.13 Required: Demanded as necessary or essential to the satisfactory operation of the equipment or system.

C.3.14 Critical Area(s): Areas prone to, or with a history of pest infestation; high profile areas and public areas.

C.3.15 Comprehensive Pest Control Program: Scheduled facility inspections and treatments, pest identification and entomological service,s and as-needed pest control inspections and treatments necessary for the control and extermination of pests.

C.3.16 Frequency of Service:

C.3.16.1 Weekly: Services performed 52 times during each 12 month period of the contract at intervals of 6 to 8 calendar days.

C.3.16.2 Biweekly: Services performed 24 times during each 12 month period of the contract at intervals of 14 to 16 calendar days.

C.4 GOVERNMENT FURNISHED FACILITIES, PROPERTY AND SERVICES: In accordance with the “GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS)” clause in Section I, the Gallery will provide the Contractor the use of certain Gallery owned facilities and material for use with this contract. The use of Gallery furnished facilities and material for other purposes is prohibited. All facilities and materials will be provided to the Contractor in “as-is” condition.

C.4.1 Gallery Furnished Facilities: None

C.4.2 Gallery Furnished Equipment (GFE): None

C.4.3 Gallery Furnished Materials: None

C.4.4 Availability of Utilities: The Gallery will furnish, at no cost to the Contractor, the following utility services at existing outlets as may be required for the work to be performed under the contract:

C.4.4.1 Electricity

C.4.4.2 Fresh Water

C.4.4.3 The Contractor shall provide and maintain, at his/her expense, the necessary service lines from existing Gallery outlets to the site of work.

C.5 Contractor Furnished items: Except for items listed in paragraph C.4, the Contractor shall provide all facilities, equipment, materials, transportation, services and supervision needed to safely perform the requirements of this contract.

C.6 GENERAL REQUIREMENTS FOR PEST CONTROL

C.6.1 General: The Contractor shall develop and implement a comprehensive pest control program for Gallery facilities and grounds as specified herein. The pest control program shall include regularly scheduled Preventive Maintenance (PM) inspections and treatments and unscheduled services calls on an “as-needed” basis. The Contractor shall provide an outline of the plan to the COTR for review and approval within five (5) working days following contract award. The Contractor shall update the plan as significant changes occur during the term of the contract. The revised plan(s) shall be submitted to the COTR upon request.

C.6.2 Management: The Contractor shall manage the total work effort to ensure fully adequate and timely completion of these services. This includes, but is not limited to, planning, scheduling, report preparation, and quality control. The Contractor shall provide an adequate staff of personnel with the necessary management expertise to ensure the performance of work in accordance with sound and efficient management practices.

C.6.2.1 Work Control: The Contractor shall implement all necessary work control procedures to ensure timely accomplishment of work requirements, as well as to permit tracking of work in progress. The Contractor shall plan and schedule work to ensure material, labor, and equipment are available to complete work requirements within the specified time limits.

C.6.2.2 Work Schedule: The Contractor shall schedule and arrange work so as to cause the least interference with the normal occurrence of Gallery business and mission. In those cases where some interference may be essentially unavoidable, the Contractor shall make every effort to minimize the impact of the interference, inconvenience, and/or customer discomfort.

C.6.2.3 Staffing: The Contractor shall continuously maintain an adequate staff with suitable management expertise to ensure that work is scheduled and completed in accordance with these specifications. The Contractor shall maintain an adequate work force to complete work in accordance with the time and quality standards specified.

C.6.2.4 Preventive Maintenance (PM) Reports: The Contractor shall prepare a service report at the completion of each scheduled PM event. Reports shall be segregated by food service areas, interior Gallery spaces, and exterior Gallery spaces. Reports shall include, but not be limited to, date of service, types and quantities of treatment materials used, location of use, pests identified (if any), name and license number of pest control technician performing the service, and identification of any sanitary and/or structural deficiencies promoting to the pest infestations. The report shall be provided to the COTR within two (2) working days following the completion of each PM event.

C.6.2.4.1 Food Service Area Reports: The Contractor shall leave one (1) copy of the completed report for food service areas at the Cascade Café Manager’s office on the night that the service was performed.

C.6.4.2 Contractor PMIS Schedule Submission: The Contractor shall submit a detailed PM schedule to the COTR for review and approval within five (5) working days following contract award. The Contractor shall strictly adhere to the scheduled PM dates to facilitate Gallery verification of the work. If the Contractor finds it necessary to reschedule a PM, a written request shall be submitted to the COTR detailing the reason(s) for the proposed change at least five (5) working days prior to the originally scheduled PM date. No scheduled PM dates shall be changed without prior written approval from the

COTR.

C.6.3 Pest Management Preventive Maintenance (PM) program: The Contractor shall provide the following preventive maintenance services:

C.6.3.1 Preventive Maintenance of Food Service Areas: All kitchen/food preparation, food storage, dining/serving areas, and adjoining mechanical rooms, rest rooms, locker rooms, crawlspaces, ceiling spaces, and storage areas shall be inspected and treated weekly. Treatments shall be performed between the hours of 5:00 PM and 11:30 PM. The Contractor shall notify the COTR at least one (1) business day (minimum 24 hours) prior to the spraying and/or application of chemicals in any food service area.

C.6.3.1.1 Food service areas include the following locations:

Cascade Café (Connecting Link CLA-107) Garden Café (West Building G-44A) Refectory (East Building (S-715)

C.6.3.1.2 Approximate square footage of food service areas includes the following:

Kitchen/food preparation spaces: 12,221 SF Dining/serving spaces: 15,541 SF

C.6.3.1.3 Location of food service areas are color coded “green” on Gallery site plans (Attachment 3).

C.6.3.2 Preventive Maintenance of Interior Gallery Areas (Non-Food Service): All mechanical rooms, utility corridors, utility tunnels, mechanical pits, sewage ejector areas, crawlspaces, custodial closets, restrooms, 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 biweekly. Treatments shall be performed between the hours of 5:00 PM and 11:30 PM.

C.3.2.1.1 Approximate square footage of interior Gallery areas (non-food service) includes the following:

Mechanical/utility spaces: 21,581 SF Crawlspaces: 29,507 SF Custodial closets: 846 SF Restrooms: 10,223 SF Locker/shower spaces: 4,935 SF Lounge areas: 4,970 SF Garage/dumpster areas: 38,157 SF Vending machine areas: 248 SF Auditorium stage areas: 2,968 SF Interior garden areas (East and West Garden Courts): 7,680 SF

C.6.3.2.2 Location of interior Gallery areas (non-food service) are color coded “orange” on Gallery site plans (Attachment ):

C.6.3.3 Preventive Maintenance for Exterior Locations: The Contractor shall provide exterior pest control services for all Gallery grounds and garden areas encompassed by Constitution and Pennsylvania Avenue (north), Madison Drive (south), Third Street (east), and 9th Street (west). Exterior areas shall be inspected and treated biweekly. Treatments in public areas (i.e. Sculpture Garden) shall be performed prior to 10:00 AM, Monday through Friday. Treatments in nonpublic spaces shall be performed during normal Gallery working hours as defined hereinbefore. 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.6.3.3.1 Exterior areas with the highest historical incidence of rodent activity include; West Building Plaza magnolia tree beds, East Building cherry tree beds, West Building southeast and southwest moat dumpster areas, and shrub beds behind the Sculpture Garden Pavilion.

C.6.3.3.2 Exterior grounds and garden areas encompass approximately 25.3 acres (includes building footprints, driveways, sidewalks, and other structures).

C.6.3.3.3 Location of exterior locations are color coded “orange” on Gallery site plans (Attachment )

C.7 Service Calls: The Contractor shall provide “as-needed” pest control services at times other than during normally scheduled PM events.

C.7.1 The Gallery estimates that 15 emergency service calls and 15 routine service call may be required for each contract year.

C.7.1.1 The estimated quantities of service call work (and classifications thereof) are based on historical data obtained from previous contracts. The Gallery anticipates that the actual quantity of service calls issued under this contract will vary from the quantities estimated; the occurrence of a variance in quantities is considered normal. Accordingly, no adjustment(s) will be made to the contract price unless the total annual quantity of each type of service call issued during any performance period is greater than 125 percent or less than 75 percent of the respective estimated quantity. An equitable adjustment to the contract will be made only for the quantity of service calls (based on classification as defined herein) which are greater than 125 percent or less than 75 percent of the estimated quantity.

C.7.2 Service Call Reception: The COTR will notify the Contractor via telephone of all service call related work during regular working hours, including identification and location of potential problem area(s) and classification of service call. Service call work is typically related to Gallery office spaces;

however, service calls may be issued for any interior or exterior Gallery spaces.

C.7.2.1 In addition to notification by telephone, a work order authorization form (Attachment 4) will be prepared by the COTR for all service call work. The Contractor shall obtain the work order authorization form from the Work Control Center at 601 S. Pennsylvania, Room 346, prior to the performance of work.

C.7.3 Service Call Classification:

C.7.3.1 Emergency Service Calls: Service calls will be classified as “emergency at the discretion of the COTR. If an emergency service call is received prior to 10:00 AM, the Contractor shall respond to and complete the work no later than 11:30 PM on the date that the call was placed. If an emergency service call is received on or after 10:00 AM, the work shall be completed no later than 11:30 PM the following day.

C.7.3.1.1 Emergency service calls will also include the humane capture and release of birds from interior Gallery spaces.

C.7.3.2 Routine Service Calls: Service calls will be classified as “routine” at the discretion of the COTR.

The Contractor shall complete all routine calls within five (5) working days following receipt of the call.

C.7.4 Completed Service Calls: Within one (1) working day following the completion of each service call, the contractor shall add the following information to the work order authorization form and return the complete form the COTR:

C.7.4.1 Description of the problem/infestation.

C.7.4.2 Date and time work was completed.

C.7.4.3 Types and quantities of treatment materials used.

C.7.4.4 Name and license number of pest control technician performing the service.

C.8 Protection of Artwork: The Contractor shall not perform work until all interior and exterior artwork within 25 feet of the work area has been properly protected and approval to proceed has been received from the COTR. The Contractor shall not touch, move, or cover any artwork. The COTR shall contact appropriate Gallery personal to cover and/or move artwork prior to the initiation of associated pest control services.

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.

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.

http://www.arnet.gov/

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.2.1.9 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

C.2.3 Quality Control Program

2 15 days following notice to proceed

COTR, CS

C.6.1 Comprehensive pest control program

2 5 days following contract award

COTR, CS

C.6.2.4 Preventive Maintenance PM Report

1 End of each Scheduled PM event, within 2 days of event.

COTR

C.6.2.4.1 Preventive Maintenance PM Report

1 End of each Scheduled PM event, Cascade Café Manager’s office

C.4.2 PMIS Schedule 1 5 working days following contract award

COTR

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

CS

PM EDT on

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 mailto:h-brox@nga.gov mailto:db-gilson@nga.gov 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 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 Landover, MD 20785

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 mailto:c-miller@nga.gov

2000B South Club Drive Landover, MD 20785

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

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.

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