NGA-RFP-12-412 Pavilion Equipment Maintenance.pdf

Encl. Attachment 1, Attachment 2, Attachment 3

June 12, 2012

Interested Offerors:

RE: Request for Proposal – Pavilion Equipment Maintenance

RPF Reference Number: NGA-RFP-12-412

To Interested Offerors:

The National Gallery of Art (Gallery) intends to secure a contract with a qualified contractor to provide preventive maintenance and repair services for various mechanical and electrical components/systems located in the Sculpture Garden Pavilion. Please accept this invitation to submit a proposal for this work. We have used the Uniform Contract Format (UCF) to facilitate the preparation of this Request for Proposal (RFP) and to direct the interested parties through the proposal process.

Attachment 1 includes Sections A-J and Exhibits of the UCF. Together these sections comprise complete contractual agreement (a “pro forma contract”) for the work. They contain the pricing/fee structure, the description the work and the Gallery’s terms and conditions for doing business. We expect to enter into a final contract for this work on terms that are the same as (or substantially similar to) those provided in the pro forma contract.

Attachment 2 includes Section K of the UCF. Section K contains representations and certifications and other statements of offerors upon which the Gallery will rely in entering into the final contract for this work. Offerors must submit the information requested in this section to the Gallery with your proposals and that information will be incorporated by reference into the final contract.

Attachment 3 includes Sections L-M of the UCF. Section L contains solicitation provisions and/or other information and instructions designed to guide offerors in the preparation of proposals. Section M contains the evaluation factors that the Gallery will use to evaluate proposals.

It will be helpful for you to acknowledge that you have received this RFP package and that you are the person who will serve as your firm’s point of contact with regard to it. Please do so by responding in e-mail. Thank you in advance for your attention to detail in preparing your firm’s proposal. Any and all questions regarding this RFP should be addressed to me at db-gilson@nga.gov or (202) 842-6344.

Sincerely, Denise Borjon Gilson Contract Specialist pro forma Contract RFP (NGA-RFP-12-412), Attachment 1

Request for Proposal (RFP) Pavilion Equipment Maintenance

Reference Number: NGA-RFP-12-412

RFP, Attachment

Pro forma Contract

CONTRACT

This Contractual Agreement (the “Contract”) (ref no. [Gallery Fill-In]) is made as of [Gallery Fill-In]) (the “Effective Date”) by and between the National Gallery of Art (the “Gallery” or “NGA”) and [Vendor Fill-In]) (the “Contractor”) (each a “Party” and together the “Parties”). The Parties, by their respective duly authorized representatives, have caused this Contract to be executed on the date shown on the form identified under Section A, hereto. The Parties agree as follows:

PART I. The Schedule

SOLICITATION OR CONTRACT FORM

A.1. Form. The SF 1449 form is hereby incorporated into this Contract.

A.2. Definitions. The defined terms in Exhibit 1 are hereby incorporated into this Contract.

SECTION B. SUPPLIES OR SERVICES & PRICES OR COSTS

B.1. Brief Description of the Work. The Contractor shall provide maintenance, equipment, materials, tools, supervision, and management required to provide maintenance, testing, adjustments, repairs, cleaning, and operational check of various systems and components for the National Gallery of Art’s, Facilities Maintenance Engineering Department (AFM-EN) located at Sixth Street and Constitution Avenue NW, Washington, DC 20565-0001. The Contractor shall furnish all supplies and services necessary to perform in an efficient and effective manner set forth in Section C: Statement of Work, and elsewhere in this Contract.

B.2. Contract Type. As further described under this Section and under Section F, hereto, this Contract has a Base Year and four (4) Option Years each of which will have a firm-fixed price component and time-and-material component. After expiration of the final Option Year, the Gallery may at its sole discretion, offer to extend the term for five (5) additional one-year option periods for exceptional performance and outstanding customer services without additional competition.

B.3. Firm Fixed Price Competent.

A. Fixed Price Compensation. The Gallery shall compensate the Contractor for all Preventative Maintenance, Inspection and Services (PMIS) task defined herein ( the ‘PMIS Task’) on a firm fixed price bases. As consideration for successful accomplishment of all the OMIS Task for the Base Year the Gallery will pay to the Contractor $[Vendor Fill-In], which fee shall not increase by more than 3% per annum for each Option Year made part of the Contract. The Payments under this clause are hereafter referred to as the “PMIS Annual Fee”.

B. Performance Based Payments. FAR Clause No. 52.232-32 Performance-Based Payments (AUG 2010) is incorporated into this Contract by reference and shall constitute part of this Contract as if fully set forth herein. In accordance with 52.232-32, each PMIS Annual fee shall be paid to the Contractor in finance Payments (each a “Performance based Payment’ or Installment’), with each Installment paid upon successful accomplishment of the milestone listed in Exhibit 11. The contractor shall complete the attached Performance Based Payment Matrix and Milestones and milestone matrix in the attached Exhibit 11.

B.4. Time and Materials Component

A. Service Calls. The Gallery shall compensate the Contractor for Routine Services Calls and Emergency Service Calls on a time-and-materials basis in accordance with FAR Clause No. 52.323-7 Payments Under Time-and-Materials and Labor- Hour Contracts (Aug 2005) (Alternate I Mar 2000) which is incorporated into the Contract by reference and shall constitute part of this Contract as if fully set forth herein. In the Base Year, the rates charged shall be the fully loaded labor hour rates set forth below, which rates shall not increase by more than 3% annum for each Option Year made part of this Contract. However, the Gallery will compensate the Contractor for time expended while on the job site at the Gallery.

B. Not-to-Exceed. A Ceiling price of [Gallery Fill-In]) (the “Service Call Ceiling Price”) is hereby established for all labor and materials under this Contract, which pursuant to FAR Clause No. 52-232-7 the Contractor exceeds at his own risk.

B.5. The emergency and routine services based on the Time-and-Material component of this contract shall be ordered on an as needed by the COR. The COR may use the Government Purchase Card for ordering services for a not to exceed amount per year of [Gallery Fill-In]). The Contractor shall notify the Gallery when the not-to-exceed amount has exceeded 85% of the ceiling price.

B.6. Labor for Service Calls: All labor attributed to each service call shall include only time actually expended by the Contractor while on the job site and/or in the procurement and transport of required materials. Travel time to and from each service call is not reimbursable.

B.7. The Gallery estimates that five (5) service calls may be required for each contract year. Historical data shows that service calls have typically included two (2) hours of labor and $100.00 in materials. Labor attributed to each service call shall include only time actually expended by the Contractor while on the job site and/or in the procurement of required materials.

B.8. Price Schedule Excel spreadsheet. The contractor shall complete the attached pricing schedule excel spreadsheet in the attached Exhibit 2.

SECTION C. STATEMENT OF WORK

C.1. Statement of Work. The Statement of Work provided as Exhibit 3 herein is hereby incorporated into this Contract. The Contractor shall, at no cost to the Gallery other than as expressly provided herein, timely perform the services and deliver orders, and other materials required by the Statement of Work.

SECTION D. PACKAGING AND MARKING.

D.1. Marking. All information and submittals, including forms, reports, and other materials provided to the Gallery shall be clearly marked with the contract number as follows:

NGA Contract Number: [Gallery Fill-In] Project Name: Pavilion Equipment Maintenance

D.2. Packaging and Packing

The contractor shall package and pack materials in such a manner that will ensure delivery, storage, and handling of products using methods that will prevent damage, loss, and theft, e.g.: individually warped from manufacture, plastic bag, boxes, etc.

SECTION E. INSPECTION AND ACCEPTANCE

E.1. Standard of Care. The standard of care shall be the highest professional standards applicable to those specializing in providing services and work of the specific type, scope, and complexity required hereunder.

E.2. Quality Assurance and Control

A. The Contractor shall be responsible for performing all quality assurance oversight, inspections and test necessary to substantiate that the products or services furnished conform to the standard of care.

B. Gallery Quality Assurance: The Gallery’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 a Quality Deficiency Service Report (Exhibit 10) will be issued to the Contractor. 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. 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 COR for review and approval within ten (10) working days following contract award. The COR 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 Gallery reserves the right to direct the QCP.

i) Where practicable, the date of installation of replacement parts and equipment shall be written or otherwise affixed to said item.

ii) For each discrete piece of equipment, the Contractor shall indicate the date of each PM completion. This may be done in the most efficient and appropriate manner for the equipment and location, such as attaching a paper tag to the equipment, maintaining a nearby log book, etc.

E.3. Defects. In no event shall the Gallery’s approval of the products and services excuse the Contractor from providing revisions to such products or re-performance of such services at no cost to the Gallery provided that the purpose of such revisions or re-performance is to correct defects caused by the Contractor.

E.4. The Contracting Officers Representative (COR) named herein is responsible for the inspection and acceptance of all work performed under this contract, including deliverable. In the event the deliverables or services provided are determined to be unacceptable, the CPR will provide the Contract or with information on requirements for the correction.

Formal Deliverable Acceptance. Submissions identified in this Contract using the term “deliverable” “submission” or a similar term (collectively, the “Formal Deliverables” “Delivery Order” ) will undergo formal acceptance by the Gallery based on the following acceptance criteria: it conforms to the agreed to standard of care and satisfies the objectives and stipulated contract requirements, it reports achievement of the specified test for any test required hereunder, and satisfies any criteria specified herein or otherwise mutually agreed to prior its submission.

E.5. The Contractor shall provide each Formal Deliverable to the Gallery on a timely basis at the times specified in this Contract. Any Formal Deliverable provided to the Gallery on a timely basis will be accepted or rejected in writing by the Gallery within ten (10) business days of its receipt (unless a different time period is specified elsewhere in this Contract). The Gallery will have the right to reject or require correction of any deficiencies found in the Formal Deliverables. After receiving Gallery feedback, the Contractor will have five (5) business days (unless a different time period is specified elsewhere in this Contract) to revise the deliverable pursuant to the Gallery’s feedback (or provide reasons why the feedback should not be incorporated) and resubmit the final deliverable to the Gallery for approval. After this final submission, the Gallery will have ten (10) business days to approve the final submission (unless a different time period is specified elsewhere in this Contract). The work for any Formal Deliverable shall continue until the Gallery agrees in writing that acceptance criteria for that submission are satisfied, or in its sole discretion, the Gallery in writing approves that submission “as noted”, requiring the Contractor to complete the items noted on or by the date indicated in the approval.

SECTION F. DELIVERIES OR PERFORMANCE

F.1. Deliverables

The following Formal Deliverables are due on the dates indicated:

Deliverables Due Section Found

Quality Control Plan 10 working days from Award. Section E.2 (C) Safety Plan 10 working days from Award. Section H.4 Security Forms 15 working days from Notice to Proceed & 7 days prior to commencement of work.

Section H.5 C.3.1

Insurance Information 10 working days from Award. F.12 & H.18 Security Forms 15 working days from Notice to Proceed & 7 days prior to commencement of work.

H.5 (C)

Hot work Permit 2-3 days prior to work Attachment 1, Exhibit 9 MSDS 10 working days from Award, prior to intended use H.4 (C)

Proposal Monday, July 30, 2012 Section L-Schedule

PMI

F.2. Place of Performance. Work under this Contract will be performed at the National Gallery of Art located at Sixth Street and Constitution Ave NW, Washington, DC 20565-0001 for the Photographic Curatorial Department in the West Building.

F.3. Period of Performance. This Contract shall be effective and shall govern the relationship between the Parties during the term hereof unless pursuant to its terms this Contract is terminated on an earlier date. The term shall commence on October 1, 2012, 2012 and shall expire (1) year thereafter on the first anniversary thereof (‘Base Year’). Thereafter, The Galley 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. 52.271-9 Option to Extend the Term of the Contract is set forth in its full text in Section I. Options may be exercised via 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 services without additional completion.

F.4. Incentive. As an incentive, and at the discretion of the Contracting Officer, and contingent upon a continuing need for the service and the availability of funds the NGA may award the Contractor five (5) additional one-year option periods for exceptional performance and outstanding customer service without additional competition. Exceptional service examples included but not limited to excellence in the areas of cost, schedule, and technical performance in addition, the following quality of service and product examples:

Compliance with Contract Requirements Accuracy of Reports Effectiveness of Personnel Technical Quality Responsiveness to Technical Direction Anticipating and Controlling Price Increases Providing Current, Accurate and Complete Billings Meeting Milestones/Delivery Schedules/Deadlines Effective Management, Including Subcontractors Reasonable, Cooperative Behavior Quick Notification of Problems and Potential Problems Presentation of Reasonable Resolutions to Problems Willingness/Ability to Accommodate Changes to the Gallery’s Requirements

Commitment to Customer Service

The Contracting Officer will request the Contractor submit new pricing proposal, if the incentive options years are awarded.

F.5. Period of Operation. For work performed at the Gallery, all work must be performed Monday through Friday between the hours of 7:00AM and 4:00PM, unless otherwise agreed to by the Gallery.

F.6. 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 4th Thursday in November Christmas Day December 25

Holidays falling on Saturdays are observed on the preceding Friday, 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. Gallery 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 COR will notify the Contractor when early release of Federal employees has been authorized.

F.7. Approval of Subcontractors: In order to maintain the high level of workmanship is required under this Contract, subcontractors or consultants required by the Contractor for contract performance will be limited to individuals or firms identified in this Contract, if any. The Contractor must provide advance written notice to the Gallery and seek the Gallery’s written consent before subcontracting any other work under this Contract. The Gallery reserves that right to revoke its consent to subcontract to any firm if the Gallery has determined such revocation is required to protect the Gallery adequately because of among other things, performance, professionalism, safety or security issues or similar issues.

F.8. Notice of Delay. In the event that conditions arise which are likely to cause, or are actually causing delays, or which the Contractor believes may result in a delay, the Contractor shall notify the Contracting Officer in writing of the effect and shall state in what respects, if any, the identified issues are causing in the delay. The Contractor shall include the revised delivery date.

Notwithstanding, revisions to the approved time schedule shall only be made with the approval of the Contracting Officer.

F.9. Excusable Delays. The Contractor will be allowed time, not money, for excusable delays as defined in 52.249-8, Default (Fixed- Price Supply and Service) (1984). Examples of such cases include (l) acts of God or of the public enemy, (2) acts of the United States Government in either its sovereign or contractual capacity, (3) acts of the government of the host country in its sovereign capacity, (4) acts of another contractor in the performance of a contract with the Government, (5)fires, (6) floods, (7) epidemics, (8) quarantine restrictions, (9) strikes, (l0) freight embargoes, (11) delays in delivery of Government furnished equipment and (12) unusually severe weather. In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor, and the failure to perform furthermore (1) must be one that the Contractor could not have reasonably anticipated and taken adequate measures to protect against, (2) cannot be overcome by reasonable efforts to reschedule the work, and (3) directly and materially affects the date of final completion of the project.

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

F.11. Safety Plan. The Contractor shall prepare a Safety Pan to ensure work performed conforms to contract requirements. The Contractors’ Safety Plan shall be submitted to the COR for review and approval within ten (10) working days following contract award. The COR will review the Safety Plan and provide comments to the Contractor within five (5) working days following receipt of the plan. The Contractor shall finalize the Safety Plan within five (5) working days following receipt of the comments. In the event that an agreement cannot be reached, the Gallery reserves the right to direct the Safety Plan.

F.12. Insurance Information. The Contractor must submit certificates of insurance and insurance policies to the Contracting Officer for review and approval within ten (10) business days from the date of execution of the contract by the Contracting Officer. Insurance requirements for this contract are delineated in Section H and FAR clause 52.228-5, entitled “Insurance—Work on a Government Installation”.

F.13. 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.

SECTION G. CONTRACT ADMINSTATION DATA

G.1. Contract Management. The following individuals will be the Gallery’s points of contact during the performance of the Contract.

A. The Contractor is hereby put on notice that in the event a Gallery employee other than the Contracting Officer (CO) directs a change in the work to be performed or increases the scope of the work to be performed, or increases the scope of the work to be performed, it is the Contractor’s responsibility to make inquiry or of the CO.

B. 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. 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.

C. Denise B. Gilson 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. The CO’s contact information is identified below:

Name:

Denise Borjon Gilson

Title: Contract Specialist Location Address:

National Gallery of Art 601 Pennsylvania Avenue, NW South Building –Suite 300 – Room

Washington, DC 20004 Mailing Address:

2000B South Club Drive Landover, MD 20785

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

G.1. 2. Contracting Officer’s Representative (COR).

A. The COR 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 CO’s letter of designation shall be issued to the COR with a copy furnished to the Contractor, stating the responsibilities and limitations of the COR. This letter shall clarify to all parties of the contract the responsibilities of the COR. The duties of the COR include but are not limited to: assuring the Contractor’s compliance with the technical requirements, performing or arranging necessary inspections in connection with the technical performance, maintaining both written and oral communications with the Contractor, notifying the Contractor and the CO of any deficiencies observed, monitoring the Contractor’s overall performance.

B. The COR 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.

C. Michael Ottmers is hereby designated as the COR. The Government without prior notice may change the COR at any time to the Contract, but notification of the change, including the name and address of the successor COR, shall be promptly provided to the Contractor in writing. The COR’s contact information is as follows:

Name: Michael Ottmers Title: Mechanical Engineering Technician Location Address:

National Gallery of Art - Facilities Management (AFM-EN) 601S Pennsylvania Ave, NW Washington, DC 20565-0001

Mailing Address:

2000B South Club Drive Landover, MD 20785

Voice: (202) 842-6599(O)

(202) 345-1312 (C)

Fax: (202) 842-6934-3034 Email: m-ottmer@nga.gov

G.2. Invoice Requirements.

A. Submit To. All invoices shall be addressed as indicated below. Invoices submitted via email is the preferred method.

William Burns, Deputy Chief of Engineering at w-burns@nga.gov

Courtesy Copy invoices to the following individuals:

• Michael Ottmers at m-ottmers@nga.gov

• Denise Gilson at db-gilson@nga.gov

If email is not available, the invoice shall be addressed as indicated below:

Name: William Burns Title: Deputy Chief of Engineering Mailing Address:

2000B South Club Drive Landover, MD 20785

Voice: (202) 789-3183 Fax: (202) 789-3034 mailto:db-gilson@nga.gov mailto:m-ottmer@nga.gov mailto:w-burns@nga.gov mailto:m-ottmers@nga.gov mailto:db-gilson@nga.gov

A. Proper Invoice. To constitute a proper invoice, each invoice submitted shall include the following information and/or attached documentation:

a. Name and address of the Contractor.

b. Invoice date and number.

c. Contract number.

d. Description, price, and quantity of services/supplies actually rendered/delivered.

e. Delivery date or Period of Performance covered by the invoice

f. Payment Terms.

g. 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.

h. Name, title, phone number, and mailing address of contact person to be notified in the event of a defective invoice.

i. Other substantiating information or documentation as required by the contract.

j. The following statement on the first page of each original invoice:

COR’s CERTIFICATION

I certify to the best of my knowledge and belief that the services/supplies shown on the invoice have been performed/delivered and are accepted.

COR Signature Date

B. Duplicate Payments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the

Gallery 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.

C. The final invoice shall be marked “FINAL INVOICE” and sent to the Contracting Officer for processing and Contract

Closeout.

D. Method of Payment. Payment will be made by Electronic Funds Transfer (EFT) and the Government Purchase Card for service and emergency orders only. The Contractor shall provide his/her EFT information to the following address (the “Payment Office”):

Attn: Ruth Lewis, Operating Account – Federal Operations

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

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1. Disclosure of Gallery Information. The Contractor assumes responsibility for protection of the confidentiality of Gallery information that is made available to the Contractor, its employees and agents, in the course of performing the work contracted for hereunder or any information developed by the Contractor pertaining to the Gallery’s business affairs or security matters (collectively, the “Confidential Information”). Confidential Information shall be used only for the purpose of carrying out the work and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the work and shall be returned to the Gallery as soon as it is not necessary in the performance of the work, or at any time upon the Gallery’s request. The foregoing restriction does not apply to any information (a) received by Contractor from third parties without restriction, or (b) in the public domain. The Confidentiality Non-Disclosure is annexed hereto as Exhibit 4 and incorporated into this Contract as an integral part hereof.

H.2. Publicity. The Contractor shall not use the name of the Gallery, its seal, logos or designs, images of the Gallery's exterior or the interior, or any elements thereof, including images of artwork owned by or on the premises of the Gallery, for any reason or in any media without the Gallery's prior written approval; provided, however, that the Contractor shall have the right to use the Gallery’s name in instances required by law. The Gallery may, at any time, in its sole discretion, without cause, revoke any permission granted under this clause.

H.3. NGA Restrictions & Regulations: Compliance with Gallery Rules. The Contractor and his employees shall observe all rules and regulations issued by Exhibit 5 and incorporated into this Contract as an integral part hereof.

H.4. Safety Consequences for Violations

A. Safety Requirements. The document titled Section 01 3523 - National Gallery of Art Safety Requirements (‘NGA Safety Requirements’) is annexed hereto as Exhibit 6 and its contents expressly incorporated herein. The Contractor shall strictly adhere in all respects to the requirements and constraints set forth in NGA Safety Requirements, including but not limited, those relating to:

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

2. Contractor’s Safety Plan Submittal

3. Construction Restrictions

4. Hazardous Materials

5. Hot Work (Exhibit 9)

6. Compressed Gasses

7. Fire Alarm/ Fire Suppression Outage Procedures

8. Utility Outage Procedures

9. Lockout-Tagout

10. Contractor’s Safety

B. Prior to performing service or maintenance on any equipment where the unexpected energization, startup, or release of stored energy could occur and cause injury, the equipment shall be isolated and rendered inoperative through the use of a lockout device whenever the equipment is capable of being locked-out. Lockout/tagout of energy isolating devices shall be performed in strict accordance with AFM Directive No. 305 (Exhibit 8).

C. Any product used in conjunction with this contract shall require 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; frequency, timing, application or dosing method, and quantity of chemical to be used; location of chemicals during use; and location and quantity of excess chemical at least ten (10) working days prior to intended use. No toxic or hazardous materials will be permitted on Gallery property without written authorization from the COR and AOP.

D. 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.

E. The Contractor shall provide proper storage provisions for any dangerous, flammable, or corrosive materials kept on site, as approved by the COR and the Gallery safety officer.

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

G. The Contractor shall prevent exposure to Gallery employees/visitors and Contractor personnel from inhalation, absorption, or contact with any material or substance at concentrations exceeding levels specified in the American Conference of Governmental Industrial Hygienists “Threshold Limit Values and Biological Exposure Indexes, 7th Edition” and Subpart Z – Toxic and Hazardous Substances of the Occupational Safety and Health Standard (29 CFR 1910). This document is available from: http://www.acgih.org/store/ProductDetail.cfm?id=652. The comparable OSHA standard is available at:

http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=191

0. The Contractor shall monitor the use of all toxic and hazardous substances to ensure specified exposure limits are not exceeded.

H. The Contractor shall conduct work in accordance with U.S. Army Corps of Engineers EM 385-1-1, “Safety and Health

Requirements Manual” (current edition). This document may be purchased from the Superintendent of Documents, U.S.

Government Printing Office, Washington, DC, 20404. Alternatively, this document is available free at http://federalconstruction.phslegal.com/uploads/file/EM-385-1-1_2008(1).pdf C.8.1.1

I. If the Contractor fails to comply with the safety requirements set forth herein or performs work in a manner which poses serious or imminent danger to the health and/or safety of Gallery personnel or visitors, the COR or authorized representative will provide immediate notice to the Contractor to take immediate corrective action.

H.5. Security & Consequences for Violations

A. Security Requirements. The document titled Section 01 3553 Security Requirements (‘NGA Security Requirements’) is annexed hereto as Exhibit 7 and its contents expressly incorporated herein. The Contractor shall strictly adhere in all respects to the requirements and constraints set forth in the NGA Security Requirements, including but not limited, those relating to:

1. Regulations related to Safety

2. Use of Premises

3. Field Personnel

4. Electronic Security and Detection Systems

5. Hot Work

6. Occupancy Requirements

B. All Contractor personnel performing work in Gallery spaces must receive a security clearance from the Gallery’s

Administrative Office of Protection Services (AOP). The Contractor follow the direction provided in Section 01 3553 – Security Procedures.

C. Background Checks-Security Forms: Within fifteen (15) days of the Notice to Proceed and within seven (7) work days prior to commencement of work in any area of the building or grounds, the Contractor is to submit to the COR completed security forms for each employee assigned to this Project. No employee will be granted access to the building or site until AOP has granted authorization.

D. Contractor personnel shall be issued a “Contractor” badge at the beginning of each work period. This badge shall be worn in a visible manner at all times and returned to the security officer when signing out at the end of each work period.

Contractor personnel shall be responsible for reporting lost or misplaced “Contractor” badges; failure to report missing badges will delay personnel from entering Gallery spaces.

E. Contractor personnel will be escorted by AOP security officers at all times while on Gallery property. Escorts will be provided at no additional cost to the Contractor. The contractor shall notify the COR of planned service visits no later than 10:00 am the day prior (or before 10:00 am Friday for work to be performed on Monday) to allow for the coordination of an escort.

F. Contractor personnel shall enter and exit the Gallery at the West Building Service Entrance located on Constitution

Avenue between 4th and 6th Streets, NW. All Contractor personnel shall sign-in and sign-out at the guard desk for gaining admission to and exiting Gallery spaces.

G. Contractor personnel entering NGA buildings with personal property, including tools and equipment, will be issued a

Gallery property pass signed by a Gallery authorized representative. The property pass will be required in order to exit the building with personal property.

H. The Gallery’s designated work hours for Contractor activities are Monday through Friday between the hours of 6:00 AM and 5:00 PM.

I. When work must be performed prior to or later than the hours designated herein, the Contractor shall submit a written request at least three (3) working days prior to the performance of that work to the COR for required access.

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

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

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

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

3. Accident Reporting. 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:

a. Time and date of occurrence.

b. The place of occurrence.

c. A list of personnel directly involved.

d. A narrative description of the accident that includes a chronological order of the accident and circumstances

H.6. AFM Directive No. 305. The Contractor and his employees shall observe all rules and regulations of the Facilities Management Lockout Tagout of Energy Isolating Devises issued by Attachment 1, Exhibit 8 and incorporated into this Contract as an integral part hereof.

H.7. Compliance with Hot Work Program. The Contractor and his employees shall observe all Gallery Hot Work Program issued by Exhibit 9 and incorporated into this Contract as an integral part hereof.

H.8. Quality Deficiency Service Report. The Contractor and his employees shall use the Quality Deficiency Service Report issued by Exhibit 10 and incorporated into this Contract as an integral part hereof.

H.9. Gallery Property. The Gallery is not obliged to provide any materials equipment, software, information, or any other type of tangible or intellectual property, including without limitation, office facilities or equipment or disposable items, for daily business use of Contractor staff, called for under this Contract, unless otherwise stated, in this Contract.

H.10. Contractor Property. The Contractor assumes the risk of loss of, or damage to, Contractor’s property whenever such property is used in performance of this Contract unless: loss of, or damage to Contractor’s property is caused by the negligence, or willful misconduct of the Gallery, its agents or its employees who are acting within the scope of their employment or agency and the Contractor in no way contributes to said loss or damage.

H.11. Gallery Furnished Equipment, Space and Utilities.

A. Gallery Furnished Space: The Gallery may, at the request of the Contractor, provide space for the Contractor to store a lockable gang box for the storage of tools and equipment required on a repetitive basis. The COR will direct placement of the gang box.

B. Storage of excess chemicals, products, and parts inventories shall be kept to a minimum, and shall be stored in a location and manner deemed acceptable by the COR and the Gallery’s health and safety officer.

C. 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: Electricity and Domestic Water.

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

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

H.12. Contractor Furnished Items

A. Except for items listed in H.12 A, the Contractor shall provide all facilities, equipment, materials, and services to perform the requirements of this contract.

B. The Contractor shall, unless otherwise specified or approved by the COR, furnish new parts and components in the performance of maintenance and repair services as described herein. All replacement units, parts, components, and materials to be used in the maintenance and repair 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 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. Materials and equipment: The Contractor shall maintain sufficient off-the-shelf materials and equipment to support work requirements included herein. The unavailability of material and/or equipment shall not relieve the Contractor from the requirement to complete work, including the performance of service calls as defined herein, within the time limits specified

H.13. Personal Injury. The Gallery will not be responsible or held liable for any personal injury or loss of life of Contractor personnel, unless caused by the negligence, or willful misconduct of the Gallery, its agents or its employees who are acting within the scope of their employment or agency and the Contractor in no way contributes to said loss or injury.

H.14. Indemnification. The Contractor agrees to indemnify and hold harmless the Gallery, its officers, agents, and employees from and against any and all claims, actions, liabilities, damages, losses and judgments which may be suffered by, accrue against, or be recoverable from the Gallery: (i) by reason of bodily injury to, or death of, any person, or loss of, or physical damage to any property caused by the acts or omissions of the Contractor, its subcontractors and personnel, including negligent acts, negligent omissions and willful misconduct and (ii) by reason infringement of patents, copyrights, trade and service marks, or any other intellectual or intangible property rights, which infringement arises in connection with the use of any product or service supplied by the Contractor.

Contractor agrees to defend against any and all such claims at Contractor’s expense, whether or not such claims become the subject of litigation. This provision shall survive the termination of this Contract.

H.15. Orderly Progress. The Contractor’s entitlement to receive payment hereunder is conditioned upon the orderly progress of the work. This means, without limitation, that the Contractor is not entitled to a performance based payment under FAR Clause No.

52.232-32 for work that is performed in a sequence that does not conform to the sequence of the work established by this Contract.

H.16. Replacement, Modernization, and Renovation. During the term of this Contract, the Gallery may replace, renovate, or improve any existing system and or piece of equipment at the Gallery’s expense and by means not associated with this contract. All replacement, improved, updated, modernized, or renovated system and equipment shall become a part of this contract and the Contractor’s responsibility for maintenance. In the event that the replacement, modernization, or renovation of any system or piece of equipment results in an increase or decrease in the contract price, the Contractor shall submit proposal for the changed price. The amount of the price change will be negotiated for the inclusion into the contract.

H.17. Insurance. The insurance required under this clause shall be at a minimum the insurance identified hereunder, shall be primary and noncontributing to any insurance possessed or procured by the Gallery and limits of liability shall be not less than those set forth in this clause.

a. Workman's Compensation insurance or equivalent workman's compensation coverage with a minimum employer liability limit of at least $100,000.00 for accidental bodily injury or death, or for occupational disease. The contractor will require his subcontractors to similarly provide workmen's compensation insurance for all of the latter's employees.

b. Comprehensive General Liability insurance with limits of not less than $100,000.00 for each person and $100,000.00 for each accident.

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

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

e. 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,

f. Property damage liability insurance, with a limit of not less than $20,000.00 for each accident.

H.18. Compliance with Laws. The Contractor shall fully comply with city, state and federal laws, regulations pertinent to performance of the contractual services required under this Contract.

H.19. Assistance Rendered. Any assistance rendered to the Contractor on this Contract or acceptance by the Gallery of delinquent goods or services hereunder will be solely for the purpose of mitigating damages and is not to be construed as an intention on the part of the Gallery to condone any delinquency, or as a waiver of any rights the Gallery may have under this Contract. Among other things, none of the following shall be regarded as an extension, waiver, or abandonment of the delivery schedule or a waiver of the Gallery right to terminate for default: (i) delay by the Gallery in terminating for default; (ii) acceptance of delinquent deliveries; and (iii) acceptance or approval of samples submitted either after default in delivery or in sufficient time for the Contractor to meet the delivery schedule.

H.20. Replacement of Items under Warranty. 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 COR. All defects in material or workmanship, defective parts, or improper installation or adjustment shall be reported to the COR in order to initiate appropriate corrective action. All warranty items will be reported by the COR to the Contractor prior to the start of work.

H.21. Warranties. Each party warrants to the other that it has the power to enter into this Contract and to perform its obligations under this hereunder. The Contractor warrants that: all of the services to be performed hereunder will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable, trained and qualified personnel; the use by the Gallery of any product or material property provided by the Contractor will not infringe upon any third party copyright, trademark, patent, trade secret or other third-party right; and in providing the services, it will not be in breach of any obligation owed to any person and that it holds all licenses and approvals necessary for or incidental to performing its obligations under this Contract.

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 COR. All defects in material or workmanship, defective parts, or improper installation or adjustment shall be reported to the COR in order to initiate appropriate corrective action.

All warranty items shall be reported by the COR to the Contractor prior to the start of work.

H.22. Permits. The Contractor shall at no additional cost to the Gallery 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.

H.23. Independent Contractor Status: The Gallery engages the Contractor as an independent contractor and not as an employee, agent or joint venture partner of the Gallery. Accordingly, Contractor shall not be entitled to, or eligible to participate in, any benefits or privileges given or extended by the Gallery to its employees. Contractor shall have no authority to make binding agreements or representations on behalf of the Gallery unless specifically authorized in writing.