RFP-11-307_BAS IDIQ.pdf

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TBD RFP-11-307 ✘ 02/10/11 N/A

APC

National Gallery of Art, APC 2000B South Club Drive Landover, MD 20785

See Section L.

David Reindl 202 842-6515 d-reindl@nga.gov

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All $2,500,000.00

5 Item #7

TGA

National Gallery of Art, TGA 2000B South Club Drive, Landover, MD 20785

Henrietta Brox-Campbell

National Gallery of Art

BAS IDIQ Contract

RFP-10-307

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1. CONTRACT TYPE

This is an indefinite-delivery/indefinite-quantity (IDIQ) task order contract, made by and between Contractor and the

National Gallery of Art (NGA) with a one-year base period and four (4) one-year option periods. The FAR clauses covering IDIQ contracts and order placement are in Section I. Individual task orders may be issued as either Time-and-

Materials (T&M) or Firm-Fixed Price.

B.2. PERIOD OF PERFORMANCE

This contract will have a base period and four one-year option periods. The base period is to begin on April 1, 2011 and end on March 31, 2012. Exercise of options will be in accordance with FAR Clause 52.217-9 Option to Extend the Term of the Contract, which is given in full text in Section I.4. The NGA reserves the right to award multiple contracts as according to this solicitation.

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

B.3. INDEFINITE QUANITY MINIMUM AND MAXIMUM

The FAR clause 52.216-22, ―Indefinite Quantity‖ in Section I requires that the minimum and maximum contract amounts be set forth in the schedule. The minimum and maximum are set forth below:

The minimum amount that NGA will order over the life of this contract, including all option periods will be the negotiated price for the first task order against this contract. The maximum amount that NGA will order over the life of this contract, or on any single task order issued hereunder, is $2,500,000.00. The minimum value of a task order issued under this contract shall be $3,000.00.

B.4. ISSUANCE AND PRICING OF TASK ORDERS

The actual amount of work to be performed and the time of such performance will be determined by the Contracting

Officer (CO) who will issue written task orders to the Contractor. The only work authorized under this contract is that which is performed upon receipt of each task order. Task orders may be issued at any time during the contract term and any task order in effect during this term shall be completed even if the base contract has expired.

The contractor shall price each issued task order by submitting a proposal as directed by the NGA’s Request for Proposal

(RFP). Each proposal shall list all individual costs used to develop the proposed price submitted for evaluation. The proposal shall include labor category and associated cost and material unit amounts. These costs shall either have the associated G&A, overhead and profit included or list these items separately, but shall be included in the final submitted price proposal submitted in response to a task order RFP.

The NGA will conduct site visits for task orders, as needed, but usually will be limited to one (1) site visit per project.

Attendance by the Contractor may be mandatory for consideration of potential award. If attendance is mandatory the task order RFP will include this requirement. Notification of site visits (including location and time) will be provide to the

Contractor via email at least three (3) working days prior to the date of the visit, with the following exception: in instances where the proposed task order includes urgent and compelling work which directly affects the mission of the NGA, notification of site visit will be provided to the Contractor via telephone at least one (1) work day prior to the date of the visit.

A detailed description of work, including drawings, sketches, specification, and/or statement of work, will be provided to the Contractor during the site visit, if not provided before that time. During the site visit, the CO’s Technical

Representative (COTR) and Contractor will discuss the type of work requested, the number of calendar days allowed for the completion of the work, in addition to required materials and specific NGA requirements. Clarifications of work requirements may be made by the NGA at site visits. All questions and/or clarifications required to perform the work shall be directed to the Contract Specialist (CS) during the site visit, or after the site visit, if a time period has been established for receiving questions and/or requests for clarification. Requests for clarifications made after the site visit should be addressed to the CS in writing and sent by email. Revisions to the description of work resultant form the site visit will be forwarded to the Contractor via email.

Completion dates for task orders will include time for the Contractor to plan and organize the work specified therein, including utilities location, submission of required submittals, coordination of access to the work site, mobilization of equipment, procurement of long lead items, completion of punch list items, etc.

Due to the mission of the NGA, task orders may include urgent or compelling requirements and/or the need for the performance of work after normal working hours. Requirements for overtime will be addressed during the site visit and shall be identified in the Contractor’s proposal.

The due date/time for receipt of proposals will be noted in the RFP. Proposals shall be submitted to the CO. At the CO’s discretion, proposals received after the due date/time may not be considered for award of a task order.

When a proposal is chosen for award, the CS will notify the Contractor and forward a task order document for signature.

Immediately after the CO signs the task order (making it effective), the Contractor will receive a copy of the executed task order and will be authorized to proceed with performance of the work. In lieu of awaiting both parties to sign and formally execute the task order, the NGA may issue the task order with a Notice to Proceed (NTP). Contractor shall proceed with the work at that time or notify the CO within three (3) business days of receiving a NTP of any reasonable objections to proceeding with the work as proposed by Contractor and ordered by NGA.

B.5. NEGOTIATION OF TASK ORDERS

While it is anticipated that potential task orders will be competed among the Contractors under the IDIQ contract, the

NGA reserves the right to limit competition if it is determined that:

a) The need for such supplies or services is of such an urgency that providing such opportunity would result in unacceptable delays;

b) Only one such contractor is capable of providing such supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized;

c) The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; or

d) It is necessary to place an order to satisfy a minimum guarantee.

B.6. WORK OUTSIDE OF THE CONTRACT

The NGA reserves the right to accomplish work of the same type covered in this contract with in-house staff or with another contract.

SECTION C - SCOPE OF THE CONTRACT

C.1. GENERAL INTENTION

The NGA provides a significant national role by ―preserving, collecting, exhibiting, and fostering the understanding of works of art, at the highest possible museum and scholarly standards.‖ In order to support the NGA’s mission and protect materials exhibited/stored therein, a variety of complex automatic control systems have been or are currently being installed. This contract will provide for various control services, including repairs, modifications, and new construction, by means of an IDIQ contract.

C.2. GENERAL REQUIREMENTS

The Contractor shall furnish all labor, transportation, equipment, materials, tools, supervision, and management required to provide maintenance, complete installations, repair, alteration, and all other services of automatic control systems and equipment described herein, in accordance with the specifications provided herein and attached hereto as well as any additional requirements included in the task orders issued under and according to this IDIQ contract.

The Contractor shall have limited use of premises for performance of work as indicated in the contract, specifications, individual task orders, and/or attachments thereto.

The Contractor shall maintain existing environmental condition throughout task order periods of performance, repair damage caused by working operations, and protect NGA building and its occupants during task order periods of performance.

The NGA will occupy existing facilities maintained herein during the entire construction period. The Contractor shall cooperate with the COTR during execution of the work to minimize conflicts and facilitate NGA usage. Maintain existing exits, unless otherwise indicated.

The contractor may be required to maintain the operation of existing automatic control system until the replacement, alternations or installation of new equipment is complete.

The Contractor shall maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from the COTR.

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 NGA. The COTR will advise the Contractor of additional work restrictions initiated by AOP should a change in the Threat Level Advisory occur.

The Contractor shall be responsible for safeguarding all NGA property provided for the Contractor’s use. The Contractor shall secure all NGA facilities, equipment, and materials at the close of each work period.

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

If approved and issued by the Parking Coordinator, NGA will issue only one (1) parking permit for a contracting firm and additional permits for their subcontractors on a case-by-case basis. No parking permit will be issued for a period in excess of two (2) consecutive days.

When the Contractor requires the use of the Loading Dock, or other designated NGA location as determined by the

COTR, to deliver materials and to remove construction debris, the Contractor shall provide a three (3) work day advance written request to the COTR. The Contractor shall obtain the COTR's approval prior to using the loading dock. 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 NGA.

C.2.1. NGA OCCUPIED HOURS

Monday through Friday: 8:00 a.m. through 5:00 p.m.

Saturday: 9:00 a.m. through 6:00 p.m.

Sunday: 10:00 a.m. through 10:00 p.m.

NGA sponsored special events may require additional time limitations. The exact working hours proposed by the

Contractor shall be coordinated with and approved by the COTR.

C.2.2. FIELD PERSONNEL

Within five (5) work days following the date of contract award, the Contractor shall submit a list of the principal staff assignments to the COTR, including the Field Superintendent and other field personnel proposed to work at the site.

Contractor shall submit all security forms for personnel as requested by the COTR. The NGA reserves the right to decline access to any of Contractor’s personnel for security purposes without explanation provided to Contractor. (For more information, refer to Section J, Attachment 2 – National Gallery of Art Security Procedures).

Contractor shall revise the list when personnel not already on the list are proposed to work at the NGA. Contractor must submit the revised list to the COTR seven (7) work days prior to personnel reporting to the site.

C.2.3. QUALITY ASSURANCE

The NGA’s Quality Assurance Surveillance Program is not a substitute for quality control by the Contractor. Findings of unsatisfactory or non-performed work will be documented. All costs associated with rework shall be the responsibility of the Contractor. The NGA reserves the right to choose the inspection methods to be used in the implementation of the

Quality Assurance program and to vary the inspection methods utilized during the performance of work without notice to the Contractor.

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 ten (10) working days following contract award. The COTR will review the QCP and provide comments to the Contractor within five (5) working days following receipt of the plan. The Contractor shall finalize the QCP within five (5) working days following receipt of the comments. In the event that an agreement cannot be reached, the NGA reserves the right to direct the QCP.

C.2.4. WORKMANSHIP AND MATERIALS

All workmanship shall meet the standards specified herein, and shall be accomplished in accordance with approved and accepted standards of the; (1) industry, (2) equipment manufacturer, (3) applicable Federal and local standards and codes, and (4) applicable building and safety codes, including, but not limited to, ANSI, NEC, and NFPA.

When the Contractor completes work on a system or piece of equipment included in this contract, that system or piece of equipment shall be free of missing components or defects which would prevent it from functioning as originally intended and/or designed. Corrective or repair/replacement work shall be carried to completion, including operational checks and cleanup of the work site. Except where noted otherwise, replacement components and systems shall match existing characteristics such as accuracy, range and function.

During and at the completion of work, debris shall not be allowed to spread unnecessarily into adjacent areas nor accumulate in the work area itself. The Contractor shall not use NGA refuse containers for the disposal of construction debris. All such debris, excess material, and parts shall be cleaned up and removed from NGA property at the completion of the job and/or at the end of each day work is in progress, whichever is sooner.

Equipment, components, and parts, other than those installed under this contract, shall not be removed, replaced, and/or repaired while still under warranty of the manufacturer or installer without prior approval from the COTR. All defects in material or workmanship, defective parts, or improper installation or adjustment shall be reported to the COTR in order to initiate appropriate corrective action. All warranty items will be reported by the COTR to the Contractor prior to the start of work.

The Contractor shall, and without additional expense to the NGA, obtain all licenses and permits required to perform the work under this contract. The Contractor shall comply with all applicable Federal, state, and local laws. Evidence of such permits, when required, shall be provided to the COTR before commencement of the work.

C.3. DEFINITIONS

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.

a. Where ―as shown‖, ―as detailed‖, or words of similar import are used, it shall be understood that reference is made to this specification and the drawings which accompany this specification, unless stated otherwise.

b. 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. Adjust: To regulate, settle and/or bring to a more satisfactory state of normal operating condition.

d. AFM: The NGA’s Administrative Office of Facility Management.

e. AOP: The NGA Administrative Office of Protection Services.

f. APC: The NGA Office of Procurement and Contracts

g. Component Part: Any part of any item or system which is detachable or removable from the main body or main assembly of the item or system; a constituent part or an essential part necessary to the performance of the system.

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

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

j. The term ―provided‖ shall be understood to mean provided in place, that is, furnished and installed, ready for use.

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

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

m. Regular Working Hours: The NGA’s regular (normal) working hours are from 6:00 AM to 5:00 PM, Monday through Friday, except Federal holidays; and other days specifically designated by the CO.

n. Repair: The restoration of a piece of equipment, system, or facility to such condition that it may be effectively utilized for its designated purpose(s). Repair may include overhaul, reprocessing, or replacement of constituent parts or materials that have deteriorated by action of the elements or usage, and have not been corrected through maintenance or replacement of the entire system if beyond economical repair.

o. Replace: To remove damaged, defective, or deteriorated materials or parts and install new materials or parts, as approved.

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

q. Response Time: The time allowed the Contractor, after initial notification of a work requirement, to be physically on the premises at the work site with appropriate tools, equipment, and materials, ready to perform the work required.

r. Complete Installations: To provide, install and integrate new equipment and components (hardware and/or software) into a totally functioning system as described in a task order issued hereunder. Any exceptions to a complete installation shall be identified in the task order.

C.4. GOVERNMENT FURNISHED FACILITIES, PROPERTY AND SERVICES

In accordance with the ―GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS)‖ clause in Section I, the NGA will provide the Contractor the use of certain NGA owned facilities and material for use with this contract. The use of

NGA furnished facilities and material for other purposes is prohibited. All facilities and materials will be provided to the

Contractor in ―as-is‖ condition.

The NGA may, at the request of the Contractor, provide space for the Contractor to furnish a lockable gang box for the storage of tools and equipment required on a repetitive basis. Placement of the gang box shall be coordinated with the

COTR.

When deemed necessary by the NGA for purposes of work control and/or security, the NGA will provide a two-way radio to the Contractor for use within NGA spaces. During such instances, the Contractor shall maintain continuous radio contact with appropriate NGA personnel during the performance of work included herein. The radio shall be obtained from the COTR at the beginning of each work period and shall be returned to the COTR at the completion of each work period.

All NGA furnished equipment shall be returned to the NGA in the same condition as received, excluding normal ―wear and tear.‖ Equipment that becomes worn out due to normal ―wear and tear‖ shall be returned to the NGA and replacement equipment will be issued at no charge to the Contractor. The Contractor shall be responsible for the cost of any repairs or replacement caused by negligence or abuse by his/her employees.

The NGA will furnish electricity and fresh water at no cost to the Contractor. The Contractor shall provide and maintain, at his/her expense, the necessary service lines from existing NGA outlets to the site of work.

C.5. CONTRACTOR FURNISHED ITEMS

Except for items listed in section C.4., the Contractor shall provide all facilities, equipment, materials, and services to perform the requirements of this contract. The Contractor shall furnish new parts and components in the performance of work as described herein. All replacement units, parts, components, and materials to be used in the repair and/or alteration of systems, equipment, and utilities included herein shall be compatible with the equipment on which it is to be used; shall be of equal or better quality than original equipment specifications; shall conform to the technical specifications herein and included in the task order; and shall be used in accordance with original design and manufacturer intent. Items not listed in the technical specifications shall be of acceptable industrial grade and quality. If the original manufacturer has updated the quality of parts for current production, parts supplied under this contract shall be equal to or exceed the quality of the updated parts.

C.6. PROSECUTION AND COMPLETION OF WORK

Pre-Construction Conference: Prior to the commencement of work, the Contractor shall meet with the CS and/or COTR to discuss and develop mutual understandings concerning safety, scheduling, security, and the administration of work for each task order, if a pre-construction conference is requested by the NGA.

All materials and equipment specified to be salvaged shall be transported to a NGA location as identified by the COTR.

The Contractor shall take all necessary precautions to protect salvageable items during the removal process. All materials and equipment which are removed or disconnected by the Contractor and are not specifically indicated or specified for reuse shall become the property of the Contractor and shall be removed from the NGA by the Contractor at no additional charge.

The Contractor shall comply with all Federal and local environmental laws and regulations in the performance of work included herein. The NGA’s Environmental Protection Coordinator or other authorized officials may inspect any of the work being performed by the Contractor at any time without prior notification. If a regulatory agency assesses a monetary fine against the NGA for violations resultant from the Contractor’s actions, the Contractor shall reimburse the NGA for the amount of the fine and all related costs. The Contractor, at his/her expense, shall immediately clean up and dispose of any oil or chemical spills resultant from his/her operations. The Contractor shall not create a nuisance or hazard to the health of NGA personnel or visitors.

Upon successful completion of each task order, the Contractor shall submit a written request for final inspection to the

COTR. During the final inspection, the COTR and the Contractor will complete the NOTICE OF FINAL INSPECTION form (Attachment 6), which will include a punch list of noted deficiencies and the due date for correction of the deficiencies by the Contractor.

C.7. SUBMITTALS

Unless stated otherwise in the task order, the Contractor shall have thirty (30) working days to provide submittals to the

COTR as described below. Following receipt of the submittals, the COTR will have ten (10) working days to reject/approve the submittals. The Contractor and CS will be informed, in writing, of whether the submittals have been approved or rejected. If the submittals have been rejected, the Contractor will have 10 (10) working days to resubmit the proper submittals. The COTR will have five (5) working days to reject/approve the new submittals. If only a portion of the submittals is rejected, only the rejected portion will need to be resubmitted. All resubmitted submittals shall be provided as a bound volume as described in the paragraphs below.

Additional time for the Contractor to resubmit submittals which have been rejected by the COTR and time required therein to review the new submittals shall not be grounds for issuance of a time extension by the NGA.

Submittals for each individual task order shall be submitted as a complete volume (in 3 ring binders) with each section clearly marked by a labeled divider. The Contractor shall submit four (4) sets of submittals for each task order. Long lead time items such as control valves, and dampers may be submitted as a separate package from the complete BAS submittal. The remaining submittal information shall be submitted as one complete package. No more than two BAS submittal packages will be reviewed. Submissions with partial submittals may be returned to the Contractor as

―disapproved.‖ Each submittal shall be accompanied with a cover letter signed by the Contractor. The Contractor shall clearly designate each item proposed for incorporation into the contract by highlighting, circling, or underlining the appropriate item(s); provide cross-references to the contract drawings and/or specifications as required to properly identify items to be incorporated. The Contractor shall stamp the front sheet of each submittal with his/her certification stamp; the certification stamp shall be worded as follows:

―It is hereby certified that the (equipment) (material) shown and marked in this submittal is that proposed to be incorporated into Contract Number/Task Order Number __________, is in compliance with the contract drawings and specifications, can be installed in the allocated spaces, and is submitted for NGA approval. Certified by

__________________Date_____________.‖

The individual signing the certification shall be designated by the Contractor in writing as having authority. The signature shall be in original ink; stamp signatures will not be acceptable.

The Contractor shall submit certificates of compliance, manufacturer’s descriptive data, and product samples for those items specified in each task order. Submittals shall be provided to the COTR within ten (10) working days after receipt of each task order unless another time frame is indicated in the task order.

Certificates of compliance shall be obtained from material manufacturers attesting that materials meet the requirements specified.

Manufacturer’s descriptive data shall include the name of the manufacturer, model number or other identifying information, catalog cut, and other identifying data and information describing the performance, capacity, rating, and application/installation instruction which clearly illustrate that the proposed item meets the applicable standards specified.

Product samples shall include a sufficient quantity of material to permit complete analysis and evaluation by NGA personnel.

Matter submitted for approval shall be accompanied by complete information concerning the material, articles, and/or design for use in sufficient detail to show compliance with the specification, and shall be approved by the COTR before being incorporated into the work. Approval thereof will not be construed as relieving the Contractor of compliance with the specifications, even if such approval is made in writing, unless the attention of the COTR is called to the noncompliant features by letter accompanying the submitted matter. Partial submittals or submittals of less than the whole of any system made up of interdependent components will not be considered. Approval of drawings, cuts, and samples by the

COTR shall not be construed as a complete check or approval of the detailed dimension, weights, gauges, and similar details of the proposed articles. The conformance of such details with the contract requirements, together with the necessary coordination of dimensions and details between the various elements for the work and between the various subcontractor and suppliers, shall be solely the responsibility of the Contractor, approval of submitted matter notwithstanding. The drawings accompanying the task orders shall not be used as a shop drawing; specifically, the editing of the drawings accompanying the task orders and returning these edited drawings is prohibited.

The Contractor shall provide three (3) copies of Operation and Maintenance (O&M) manuals for all equipment installed under this contract. Each copy of the O&M manuals shall be provided as a bound volume in accordance with the submittal requirements described in paragraph C.6.1. Submission of O&M’s shall be a condition for final payment for each task order.

C.8. SCHEDULE

Once the Contractor is notified that all submittals have been approved, the Contractor shall submit a construction schedule to the COTR within five (5) working days. Contractor shall also comply with any project period of performance specified in a task order.

C.9. DRAWINGS

All drawings or sketches accompanying task orders shall be considered to be part of the basic specifications.

Figures marked on drawings or sketches shall be followed in preference to scale measurements. The Contractor shall compare all drawings or sketches and verify the figures before laying out the work; the Contractor shall be responsible for any errors which may have been avoided therein.

Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the

Contractor from performing such omitted or misdescribed details of the work, but shall be performed as if fully and correctly set forth and described in the drawings and specifications.

During the progress of the work, two (2) copies of the sketches, drawings, etc, accompanying the task order shall be neatly and clearly marked in red by the Contractor to show all variations between the construction actually performed and that indicated or specified. Upon the completion work, the final as-built drawings shall be submitted to the COTR.

Submission of as-built drawings shall be a condition for final payment for each task order.

Upon the completion of each task order, the Contractor shall furnish an as-built record of materials used in the prosecution of each task order. Submission of this data shall be a condition for final payment for each task order. Where several manufacturer’s brands, types, or classes of the item listed have been used in the project, the specific areas where each was used shall be designated. Designations shall be keyed to the areas and spaces depicted in the contract drawings.

C.10. EXISTING WORK

The disassembling, disconnecting, cutting, removal, or alteration, in any fashion, of existing work shall be carried on in such a manner as to prevent injury or damage to portions of existing work, whether they are to remain in place, reused in the new work, or removed for salvage.

All portions of existing work which have been cut, damaged, or altered in any way during construction shall be repaired or replaced in kind and in a manner to match existing or adjoining work. All work of this nature shall be performed by the

Contractor at his/her expense and as directed by the COTR. Existing work shall, at the completion of all operations, be left in equal or better condition as existed before the new work started.

C.11. MANAGEMENT

The Contractor shall manage the total work effort associated with the maintenance, repair, and all other services required to ensure fully adequate and timely completion of these services. Included in this function are a full range of management duties including, but not limited to, planning, scheduling, report preparation, and quality control. The Contractor shall provide an adequate staff of personnel with the necessary management expertise to ensure the performance of work in accordance with sound and efficient management practices.

The Contractor shall implement all necessary work control procedures to ensure timely accomplishment of work requirements, as well as to permit tracking of work in progress. The Contractor shall plan and schedule work to ensure material, labor, and equipment are available to complete work requirements within the specified time limits. Verbal scheduling and status reports shall be provided when requested by the COTR. The status of any of work shall be provided within four (4) hours of the inquiry during regular working hours.

The Contractor shall schedule and arrange work so as to cause the least interference with the normal occurrence of NGA business and mission. In those cases where some interference may essentially unavoidable, the Contractor shall make every effort to minimize the impact of the interference, inconvenience, equipment downtime, interrupted service and/or customer discomfort.

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

C.12. WAIVER

Waiver by the NGA of any of the above requirements during Contractor’s performance of a task order project shall not be deemed to waive any other requirements on the same project, nor shall it affect the applicability of any of these requirements to other projects. All requirements not expressly waived by the CO shall remain in full force and effect on all task orders issued under this contract.

SECTION D - PACKAGING AND MARKING

All information and submittals, including forms, reports, and other materials provided to the CO, Contract Specialist (CS) or the COTR shall be clearly marked with the contract and task order numbers as follows:

NGA CONTRACT NUMBER: TBD

TASK ORDER NUMBER: as appropriate for individual order

SECTION E - INSPECTION AND ACCEPTANCE

E.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.246-4 INSPECTION OF SERVICES— FIXED PRICE AUG 1996

52.246-6 INSPECTION—TIME-AND-MATERIAL MAY 2001

AND LABOR-HOUR

E.2. INSPECTION AND ACCEPTANCE RESPONSIBILITY

The COTR listed in Section G is responsible for the inspection and acceptance of all work performed under this contract, including deliverables. However, the COTR may delegate a Task Manager for individual tasks, who will be identified in the task order, and who will be responsible for the inspection and acceptance of work on behalf of the COTR. In the event the deliverables or services provided are determined to be unacceptable, the COTR or TM will provide the Contractor with information on requirements for correction.

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.

52.242-14 SUSPENSION OF WORK APR 1984

52.242-15 STOP-WORK ORDER (ALTERNATE I) APR 1984

F.2. SCHEDULE OF DELIVERABLES

The Contractor shall provide all required deliverables based on the schedule identified in the Statements of Work for each individual task order. The means and format of deliverables will be specified in individual task orders.

F.3. CONTRACT DELIVERABLE ACCEPTANCE

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

F.4. INSURANCE INFORMATION

The Contractor must submit certificates of insurance and insurance policies to the CS for review and approval within ten

(10) business days from the date of execution of the contract by the CS. Insurance requirements for this contract are delineated in Article VIII and FAR clause 52.228-5, entitled ―Insurance—Work on a Government Installation‖.

F.5. PLACE OF PERFORMANCE

All work ordered under this contract is to be performed at the National Gallery’s Washington, DC sites and its Landover, MD warehouse.

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 (CO): 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 NGA 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. The CO is authorized to appoint an Contract Administrator to perform administrative contracting functions on the contract assigned.

The CO assigned to this project is:

Henrietta Brox-Campbell

Office of Procurement and Contracts (APC)

601 Pennsylvania Ave, NW, Suite 3000

Washington, DC 20004

(202) 842-6408

G.1.2. Contract Specialist (CS): has the overall responsibility for the administration of the contract. The CS may be delegated by the CO to represent the NGA Office of Procurement and Contracts and act on behalf of the

CO. The CS assigned to this contract is:

David Reindl

Office of Procurement and Contracts (APC)

601 Pennsylvania Ave, NW, Suite 3000

Washington, DC 20004

(202) 842-6515

G.1.3. Contracting Officer’s Technical Representative (COTR): The COTR is delegated authority by the

CO to give technical direction concerning the Statement of Work, but not to change it, and to inspect and accept the Contractor’s work, including deliverables and construction completed. The COR shall notify both the

Contractor and CA of the results of inspection and acceptance including any deficiencies observed or anticipated in the contractor’s performance The COR assigned to this project is:

Brian McGivney

Office of Facilities Management (AFM)

601 Pennsylvania Ave, NW, Suite 3000

Washington, DC 20565

(202) 842-6621

G.1.4. Task Manager (TM): The TM will act on behalf of the COTR. The TM will be named in each individual task order and will be responsible for monitoring all technical aspects of the contract. The duties of the

TM include 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. The PM shall advise the COR of any factors which may cause significant delays in performance or cost of work. The TM may have additional responsibilities as delegated by the COTR, within the COTR’s delegated authority.

The TM 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 CO shall issue such changes in writing. The

TM assigned to this project is:

TM to be determined on a task-by-task basis.

G.2. CORRESPONDENCE

All non-technical correspondence shall be prepared in accordance with Article III and addressed to the CS with an information copy to the COTR and / or assigned TM.. All technical correspondence, including submittals, shall be prepared in accordance with Article III and submitted to the COTR with an information copy to the CS.

G.3. PAYMENT

Payment shall be made by:

Treasurer’s Office (TGA)

2000B South Club Drive

Landover, MD 20785

G.4. INVOICING

Unless stated otherwise in a task order, all invoices shall include the contract number and be sent to:

Treasurer’s Office (TGA)

Preferred Delivery: Invoices@nga.gov

The Contractor shall submit all invoices, inclusive of all reimbursable expenses incurred, within 60 days of the incurrence of the charges to the contract. The submission of the final invoice 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.‖ All invoices shall include the following information on the submitted payment request:

a. Contract Title and Number

b. Task Order Title and Number

c. Accounting and Appropriations data

d. Name of CPM associated with the payment request

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.

(a) 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;

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

(c) 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;

(d) 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

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

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

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

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

(a) 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.

(b) 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.

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

(d) 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.

(e) Employer’s Liability insurance of at least $100,000 for each accident.

H.2. ELECTRONIC CORRESPONDENCE

Direction via email from the CO or CS is authorized and shall be regarded as signed direction from the CO to the

Contractor.

H.3. DISCLOSURE OF INFORMATION

Any information made available to the Contractor by the NGA 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 NGA records and shall ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the

Contractor's responsible employees.

Each officer or employee of the Contractor or any of its subcontractors to whom any NGA record may be made available or disclosed shall be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19

U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use of gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to

$10,000, or imprisoned up to ten years, or both.

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

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

H.5. COMPLIANCE WITH LAWS AND REGULATIONS

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

b. The Contractor and his employees shall observe all rules and regulations issued by the

NGA to fire, safety, sanitation, severe weather, admission to the installation, conduct of operations and so forth.

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

d. Safety Regulation. All rules which are or may be imposed upon the Contractor by Federal, State or municipal code and the applicable installation regulations shall be effectively carried out…