RFP-10-228 - Chlorine Dioxide Generator.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

TBD See Block 31c RFP-10-228 03/29/10

David Reindl, National Gallery of Art - APC (202) 842-6515 04/19/10

National Gallery of Art Office of Procurement and Contracts 2000B South Club Drive Landover, MD 20785

National Gallery of Art, East Building 4th St. & Pennsylvania Ave., Washington, DC 20565

See Box 9

National Gallery of Art, Office of Treasurer General Accounting 2000B South Club Drive, Landover, MD 20785

1 Chlorine dioxide generator as specified in the 1 lot addendum, which is attached and incorporated herein by reference.

✔ 1 ✔

Henrietta Brox-Campbell

STANDARD FORM 1449 (REV. 3/2005) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

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

36. PAYMENT

COMPLETE PARTIAL FINAL

NGA-RFP-10-228 Chlorine Dioxide Generator

SECTION B

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1. CONTRACT TYPE

The Gallery contemplates award of a firm-fixed price contract with options. The FAR clauses covering firm-fixed price contracts and contract options are located in Section I.

B.2. PRICING

In consideration for Contractor’s provision of the work, products, and equipment identified herein (See Section C, Statement of Work), the NGA shall pay Contractor the following firm-fixed prices:

B.2.1. Base Contract Pricing

Offeror shall propose one firm-fixed price for all equipment, labor, and supplies necessary to perform the pre-option work described in the Statement of Work (SOW), Section C. This price shall include Contractor furnishing of the chlorine dioxide generation system (hereinafter (hereinafter “ClO2 System” or the “System”), all deliverables listed in Section C.4 herein, performance of all start-up procedures, maintenance and service in accordance with established O&M’s, and any required warranty work; and

B.2.2. Contract Option Pricing

Offeror shall also propose one firm-fixed price for the NGA’s option to purchase the System at the end of the six (6) month lease (See Section C.5).

B.2.3. Other Costs

The sum of both the (a) lease price and (b) option to purchase at end of lease price shall be the total possible price paid by NGA for all equipment, labor, and supplies described herein. This total price shall be wholly inclusive of all costs, overhead, and profit required to complete performance of the contract. No applications for additional payments in excess of Offeror’s proposed firm-fixed prices will be approved by the NGA, absent mutually agreeable modification to the contract.

SECTION C

SECTION C - STATEMENT OF WORK

C.1. Summary

The National Gallery of Art (NGA), located in Washington, DC, seeks the services of an equipment supplier to furnish a chlorine dioxide (ClO2) system capable of gaseous onsite generation to be injected into the NGA central chilled water system. The ClO2 System shall be furnished pre-packaged from the manufacturer as a single integral unit. The System shall be capable of generating a minimum of 10 pounds of ClO2 per day.

The System shall provide ClO2 disinfection for approximately 500,000 gallons of chilled water which serves over 50 open air washer systems as drop branches from the main chilled water supply and return loop. The ClO2 System supplied to the NGA shall generate chlorine dioxide gas without the use of any acids, and with only one precursor utilized in the process for gas generation. Manufacturers shall possess a minimum of 10 years of progressive experience in the generation of ClO2 for this project. The System shall be totally self contained utilizing a programmable logic controller (PLC) for all operational functions, as well as alarm monitoring.

C.2. Objectives

The objective of this project is for the proposed System to provide sufficient residual ClO2 in the NGA chilled water system to kill and/or disable all active bacteria. Since the NGA has an open chilled water system with air washers to condition areas within the buildings, no odor can occur during the operational process of the ClO2 system.

It is also the NGA’s intent to utilize the new ClO2 System for cleaning the existing chilled water filtration system. The ClO2 System shall have the capability to provide sufficient gas generation for the aforementioned cleaning.

C.3. System Requirements

The chlorine dioxide generation system must meet or exceed the following requirements:

System shall utilize a single chemical precursor (sodium chlorite) without the use of ion exchange or replaceable cartridges

Chemical precursor shall be 31% by weight liquid

No chlorine gas, bleach or sulfuric acid shall be required for ClO2 generation

The generated gas shall be 99.5% chlorine dioxide at a neutral pH

The System shall provide and utilize non-corrosive technologies

The System shall be able to provide for multiple dosing points with control capabilities down to 0.1 ppm of ClO2 via PLC optimization

Electrical costs for ClO2 generation shall not exceed 156 watts per pound produced and delivered

The System shall be OSHA compliant

The generation package shall have safety interlocks to inhibit over production of ClO2 gas

The System shall be totally prepackaged within a rigid housing to protect all components

The System shall utilize electrochemical cells to produce the chlorine dioxide

The System shall utilize no more than 1,800 gallons of water per day at full capacity

The System PLC shall operate via a color touch screen for monitoring and for operating adjustments

The System shall monitor the surrounding area for ClO2 and shut down if higher levels of ClO2 are detected

The System shall have alarm outputs which can be configured into the existing NGA building automation system

The System shall be capable of providing ClO2 to a solution tank with a level control to deliver a disinfection dose of ClO2 to the existing sand filtration unit in the chilled water plant

The System shall have complete factory service by authorized personnel during the rental period

The System shall have redundant controls and alarms if ClO2 residual exceeds system set points

The System shall be complete with all fittings and valves required for installation by NGA personnel

The System shall be warranted against defects and malfunction according to industry norms and as proposed by Contractors.

C.4. Deliverables

In addition to the system described above, Contractor shall deliver (to the address(es) listed in Section D) the following deliverables to the NGA within 30 calendar days following purchase:

CAD drawings demonstrating full means for integrating the ClO2 System into the NGA’s chilled water system

Three (3) copies of complete, bound Operation and Maintenance (O&M) manual(s)

Sequence of operation presented in written and graphical display

C.5. Option to Purchase

The NGA intends to lease1 the System for a period of up to six (6) months to permit evaluation of overall performance and effectiveness in satisfying the mission of the NGA, after which the NGA shall have the option to purchase the equipment, including all associated equipment and components therein, in its entirety, at the price established by contract for the Option to Purchase. Execution of this Option shall be made at the NGA’s discretion upon notice provided to Contractor at least 15 days prior to expiration of the lease period. During the lease period, the manufacturer shall perform all start-up procedures, maintenance and service in accordance with established O&M’s, and required warranty work. These services shall be included in the price of leasing

1 “Lease” may also refer to “rental” or “trial period” depending on Offeror’s naming conventions. Regardless of terminology, “lease” shall refer to a six (6) month period, during which the NGA has full use of the ClO2 System and which does not explicitly or implicitly obligate the NGA to purchase the system or execute the Option to Purchase referenced herein.

the equipment. Should the NGA execute this Option to Purchase the System following the lease period, the manufacturer shall perform all remaining warranty work in consonance with the established warranty period. If the NGA, in its sole discretion, declines to execute the Option to Purchase, Contractor shall remove all of the System components from the NGA at no additional cost.

SECTION D

SECTION D - PACKAGING AND MARKING

D.1. MARKING

All information and submittals, including forms, reports, and other materials provided to the Contracting Officer (CO) or the Contracting Officer’s Technical Representative (COTR) shall be clearly marked with the contract number.

D.2. DELIVERY LOCATION

Delivery of the System shall be made to the following address:

National Gallery of Art Attn: William Burns, AFM NW Moat 7th St. and Constitution Ave. NW Washington, DC 20565

The NGA shall provide a forklift for removal of the System from Contractor’s delivery vehicle.

However, the delivery vehicle must include a lift gate to accommodate removal of the System from the vehicle by forklift.

SECTION E

SECTION E - INSPECTION AND ACCEPTANCE

E.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE AUG 1996

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE AUG 1996

52.246-16 RESPONSIBILITY FOR SUPPLIES APR 1984

SECTION G

SECTION F - DELIVERIES OR PERFORMANCE

F.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.242-15 STOP-WORK ORDER AUG 1989

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

F.2. PERIOD OF PERFORMANCE

The Contractor shall furnish the System and all other deliverables listed in Section C.4 within 30 calendar days of the contract award date or Notice to Proceed, whichever occurs first. Scheduling of any on site work performance shall be coordinated between the contractor and the COTR identified in Section G.

F.3. PLACE OF PERFORMANCE

All work under this contract will be performed at the National Gallery of Art, 6th Street & Constitution Avenue NW, Washington, DC 20565, unless otherwise specified.

F.4. PRINCIPAL PERIOD OF OPERATION

All work identified herein shall be performed Monday through Friday between 7:00 AM and 1:00 PM Eastern, unless prior written approval is received from the COTR.

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

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

F.5. GOVERNMENT HOLIDAYS

The Gallery observes the following Government Holidays:

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

Holidays falling on Saturdays are observed on the Friday preceding the holiday, while those holidays falling on Sundays are observed on the Monday following the holiday.

The Contractor shall comply with the aforementioned Government holidays and any other day designated by Federal Statute, Executive Order, or Presidential proclamation; therefore, the Government offices are closed to the Contractor’s staff on the day(s) these holidays are observed. In addition, work shall not be required of the Contractor when Federal employees are released from work early due to inclement weather conditions or when Federal offices are closed due to inclement weather conditions. The COTR will notify the Contractor when early release of Federal employees has been authorized.

F.6. CONTRACT DELIVERABLE ACCEPTANCE

Any contract documentation deliverable produced under this contract will be accepted or rejected in writing by the Gallery.

Unless otherwise specified the Gallery will have ten (10) business days to review the deliverable and provide comments on the deliverable back to the Contractor. During this review period, the Gallery will have the right to reject or require correction of any deficiencies found in the deliverable that are contrary to the information contained in the Contractor's accepted proposal. After receiving the comments, the Contractor shall incorporate the changes into the deliverable and resubmit the final deliverable to the Gallery for approval. After final submission, the Gallery will have ten (10) working days to approve the final submission.

If the Gallery fails to complete the review within ten (10) working days after receiving the deliverable, the deliverable will become acceptable on an interim basis. If deficiencies are discovered after this period, the Gallery will provide in writing a description of all discrepancies to be corrected by the Contractor. After receiving the list of discrepancies, the Contractor shall incorporate the changes into the deliverable and resubmit the deliverable to the Gallery. If the Gallery fails to respond within ten (10) working days of the final submission, the submission will be considered accepted.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1. CONTRACT MANAGEMENT

The following individuals will serve as the NGA points of contact during the performance of this contract:

G.1.1. Contracting Officer: The CO assigned to this project is:

Henrietta Brox-Campbell National Gallery of Art Office of Procurement and Contracts (APC) 601 Pennsylvania Ave, NW, Suite 3000 Washington, DC 20004 Phone: 202-842-6408 Fax: 202-312-2792 Email: h-brox@nga.gov

The CO is the final authority in all contractual matters relating to this contract. The CO has overall responsibility for the administration of this contract, and is authorized to take actions on behalf of the Gallery to amend, modify, or deviate from contract terms, conditions, requirements, specifications, details, and/or delivery schedules. The CO is also responsible for making the final decisions on matters under dispute, unsatisfactory performance, and contract terminations for convenience or default.

G.1.2. Contract Specialist (CS): The CS shall effect all contract administration and address all communications pertaining to contract administration. The CS assigned to the project is:

David Reindl

Office of Procurement and Contracts (APC) 601 Pennsylvania Ave, NW, Suite 3000 Washington, DC 20004 Phone: 202-842-6515 Fax: 202-312-2792 Email: d-reindl@nga.gov

G.1.3. Contracting Officer’s Technical Representative: The COTR assigned to this project is:

William Burns National Gallery of Art Office of Facilities Management (AFM) 601 Pennsylvania Ave, NW, Suite 3000 Washington, DC 20004 Phone: 202-842-3183 Email: w-burns@nga.gov

The COTR named above has been designated on authority of the Contracting Officer to monitor all technical aspects of the contract. The duties of the COTR include but are not limited to: assuring the Contractor’s compliance with the technical requirements of the contract, performing or arranging necessary inspections in connection with the technical performance of the contract, monitoring the Contractor’s overall performance under the contract, and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment prior to forwarding the original invoice to the payment office and a conformed copy to the Contracting Officer.

The COTR does NOT have the authority to alter the contractor's obligations under the contract, direct changes that fall within the purview of the General Provisions clause entitled "Changes", or modify any of the expressed terms, conditions, specification, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of the Work, the Contracting Officer shall issue such changes in writing.

G.2. CORRESPONDENCE

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

G.3. PAYMENT

Payment shall be made by:

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

G.4. INVOICING

The Contractor shall submit proper invoices on a monthly basis for any work performed during the month being invoiced. Any applicable lease payment obligations shall be invoiced and made no more frequently than monthly, and are payable on the first day of the month covered by the payment.

All invoices shall include the contract number and be sent to:

William Burns National Gallery of Art Office of Facilities Management (AFM) 2000B South Club Drive Landover, MD 20785

The Contractor shall submit all invoices, inclusive of all reimbursable expenses incurred, within 90 days of the incurrence of the charges to the contract. The submission of the final invoice for each task order does not relieve the Contractor of the responsibility to correct, without additional compensation, errors or deficiencies in the designs, drawings, specifications, and other services under this contract. The Contractor shall mark the last invoice as “FINAL INVOICE.”

Failure to submit proper invoices in accordance with this section, failure to bill at the applicable rate(s), and/or failure to apply adjustments for liquidated damages shall be considered a defective invoice and shall be returned to the Contractor for correction and resubmission as required by the provisions of the Prompt Payment clause FAR 52.232.25. Subsequently, services/supplies, which are rejected for failure to conform to the contract requirements, the provisions of the Prompt Payment clause shall apply to the new acceptance of the replacement services/supplies.

SECTION H

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 his employees;

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

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

and

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

(vi) Professional Liability: Claims for damages because of errors or omissions caused by Contractor's negligence in the performance of its duties under this agreement.

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

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

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

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

(vi) Professional Liability insurance with a limit of not less than $1,000,000.00 for each incident.

H.2. SECURITY REQUIREMENTS

1) Security clearances are required for all Contractor Personnel working on site at the Gallery. Immediately upon contract award, the Contractor shall submit to Gallery’s COTR, named in Section G, a request package for such security clearances. The documentation submitted along with a request for a security clearance shall include the following completed documents (one set for each proposed person):

(a) The National Gallery of Art Authorization for Release of Information

(b) The National Gallery of Art Contractor ID Request Form

(c) A clear photocopy of proposed employee’s driver’s license.

(d) Optional Form 306-0182 Declaration for Federal Employment (Only if requesting a permanent badge.) Refer to Section J for copies of the above documents. Documents are also available upon request submitted to the COTR or CO.

Contractor's personnel working at the NGA are required to comply with the "Regulations Governing the National Gallery of Art Buildings and Grounds" and “National Gallery of Art Security Procedures,” attached in Section J.

H.3. PUBLIC USE OF THE NAME OF THE NATIONAL GALLERY OF ART

The Contractor shall not refer to the Gallery or use the Gallery’s name for any reason whatsoever without the express prior written approval of the CO, or unless required by law.

H.4. WARRANTY

The Contractor shall provide manufacturer’s standard commercial warranty for all parts and equipment and a one (1) year warranty for all labor. The warranty period shall commence upon the final acceptance by the Gallery. Standard commercial warranty for parts/equipment shall be that which was identified in Contractor’s proposal.

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: time and date of occurrence; the place of occurrence; a list of personnel directly involved; and a narrative description of the accident that includes a chronological order of the accident and circumstances.

H.6. KICKOFF MEETING AND SCHEDULE

The Gallery may, at its discretion, require Contractor’s Key Personnel to attend a Kickoff Meeting within 10 days after award of the Contract and prior to the commencement of Contract performance as an introduction to the Gallery and to discuss scheduling, administrative and procedural requirements (e.g. security clearance), and any other pre-performance issues. The Contractor may be required to provide a detailed Gantt chart schedule to the COTR at this meeting or within 7 days following the meeting.

H.7. HOT WORK PERMITS

The Contractor shall obtain a hot work permit (attached in Section J) for all operations requiring flame-producing devices or operations which generate heat and/or sparks. The Contractor shall obtain this permit from the COTR at least 24 hours prior to performing hot work. The Contractor shall furnish a fire watch and approved fire extinguisher for operations involving hot work; specific instructions for hot work will be issued by the Gallery’s Office of Protection Services. The permit shall be displayed at a readily visible location at the entry(s) to the site of work to allow inspection by Gallery personnel.

SECTION I

PART II - CONTRACT CLAUSES

SECTION I –CONTRACT CLAUSES

I.1.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—

Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(FEB 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

(5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

(6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(7) [Reserved]

(8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-6.

(iii) Alternate II (Mar 2004) of 52.219-6.

(9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

(10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

(11)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Oct 2001) of 52.219-9.

(iii) Alternate II (Oct 2001) of 52.219-9.

(12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

(13) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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(ii) Alternate I (June 2003) of 52.219-23.

(15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(16) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

(18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

(19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

(21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

(22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

(25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

(26) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(27)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(28) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

(29)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

(ii) Alternate I (DEC 2007) of 52.223-16.

(30) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

(31)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109- 169, 109-283, and 110-138).

(ii) Alternate I (Jan 2004) of 52.225-3.

(iii) Alternate II (Jan 2004) of 52.225-3.

(32) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(33) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

(37) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

(38) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

(39) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

(40) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

(41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(42)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

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(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

(8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) [Reserved]

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).