NGA_RFQ_08_080_01.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE 17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITON IS

UNRESTRICTED OR

NAICS:

SIZE STANDARD:

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL

BUSINESS

8(A)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

STANDARD FORM 1449 (REV. 3/2005) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

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

36. PAYMENT

COMPLETE PARTIAL FINAL

NGA RFQ-08-080-01

SECTION B – PRICE

See SF 1442 and Section M.

SECTION C – STATEMENT OF WORK

REPAIR CONCRETE AREAWAYS ADJACENT

TO MALL FOUNTAINS

SCOPE OF THE PROJECT

The Contractor shall provide all equipment, labor, and materials necessary for the replacement of concrete slabs and repair of existing capstones located along the Madison Drive side of the West Building of the National Gallery of Art (NGA).

SCOPE OF WORK

The Contractor shall perform the following work:

1. Removal and replacement of existing concrete areaways adjacent to the Mall entrance fountains of the West Building of the

NGA. This includes two (2) sections of areaways (approximately 875 sf each ) with an approximate thickness of 6-inches.

Raise the elevation of the top of the slabs approximately 2-inches using CR-6 stone compacted in place and sloped to existing 8-inch diameter drains. Cover and seal the drains prior to performing any work specified herein. Refer to attached specification for requirements of new concrete. Provide ½-inch thick cork expansion joints around the perimeter of the slabs (approximately 325 lf). The concrete will need to be pumped approximately 150 lf to each location from Madison Drive.

2. Remove capstones, replace concrete setting beds, and reinstall capstones (approximately 170 lf).

3. Cement parge brick face directly under the return capstones where damaged or missing (approximately 12 lf).

4. Construct two (2) plywood walkways for access to the areaways; walkways shall be nominally 4-feet wide x 35-feet long on each side (280 sf total). The Contractor shall use ¾” thick plywood on 2” x 4” runners for construction of the walkways.

Remove walkways following completion of the work. The Contractor shall coordinate construction of the walkways with the Contracting Officer’s Technical Representative (COTR) and Horticulture Division for the removal of existing plantings in the area of work.

5. Replace the caulk sealant at the expansion joints (approximately 325 lf) and in the stone joints (approximately 100 lf) using a polyurethane caulk sealant with a ¼” x ½” joint. Provide backer rod in the expansion joint location. The sealant shall be a polyurethane sealant equal to or exceeding the specifications of Sikaflex -1a, 1 component, high performance polyurethane sealant in a Capitol Tan #0431246 color. The sealant primer shall be equal to or exceeding the specifications of Sikaflex Primer #429/202.

6. Remove the temporary covers/seals on areaway drains following the completion of work.

7. See the attached photos and site plan for more details.

REQUIREMENTS

The Contractor shall submit an outage request form to the Contracting Officer’s Technical Representative (COTR) at least five

(5) working days prior to the performance of any utility outages; forms may be obtained from the COTR.

Work shall be accomplished in accordance with all applicable Federal and DC regulations and codes, in addition to the codes and standards applicable to each discipline as dictated by the appropriate governing body (i.e. NEC, ASME, NFPA).

The Contractor shall remove all debris generated from work identified herein at the completion of each workday. Debris shall be properly disposed of at a site off Gallery property. The Contractor shall not use Gallery refuse containers for the disposition of construction debris.

The Contractor shall furnish submittals for all new material to be provided herein to the COTR for review and approval.

Submittals shall be furnished within 10 business days following contract award and prior to the performance of any work at the Gallery. In addition, the Contractor shall furnish Material Safety Data Sheets (MSDS) for all products to be used at the Gallery.

The Contractor shall prepare and submit a construction schedule to the COTR for review and approval within five (5) business days following notification of submittal approval and prior to the commencement of any work indicated herein. The schedule shall indicate the planned demolition dates and installation of all new concrete slabs, capstones, and caulk sealants. All work shall be performed in such a manner as not to interfere with the operation of the National Gallery of Art. Upon completion of the demolition of an area of concrete walkway, the area shall be prepared for concrete placement and concrete placed and finished the following day. The Contractor shall not deviate from the schedule without prior notification and approval by the

COTR.

The Contractor shall be responsible for conducting all required field investigation(s) to verify the accuracy of information provided, obtain existing concrete section sizes and depth, including existing conditions and locations of the areas affected by the proposed work. The requirements herein will not relieve the Contractor from furnishing all materials within the general scope of the work, even though some items may not be specifically mentioned or detailed.

WORK HOURS AND PARKING

All work indicated herein shall be performed Monday through Friday between the hours of 7:00 AM and 5:00, unless prior written authorization is received from the COTR.

Parking at the Gallery is extremely limited and, as such, cannot be guaranteed for Contractor personnel. Requests for parking shall be submitted to the COTR in writing, minimum 24 hours prior to the required date(s).

SAFETY

The Contractor shall adhere to the specifications SECTION 01 3523 - NATIONAL GALLERY OF ART SAFETY REQUIREMENTS (attached).

SECURITY

The Contractor shall adhere to the specifications SECTION 01 3553 - SECURITY PROCEDURES (attached). Security clearance forms will be provided to the successful Offeror.

PERIOD OF PERFORMANCE

The Contractor shall complete all work identified herein within ninety (90) calendar days following contract award.

SPECIFICATIONS

See Section J for “REPAIR CONCRETE AREAWAYS ADJACENT TO MALL FOUNTAINS SPECIFICATIONS”.

Photos of Areaways adjacent to the Mall Fountains:

Left Side: Area where plywood walkway needs to be installed to the base of the building.

Left Side: Area from plywood walkway to the street.

Left Side: Portion of areaway to replace concrete and repair the capstone.

Left Side: Portion of areaway to replace concrete and repair the capstone.

Right Side: Area where plywood walkway needs to be installed to the base of the building.

Right Side: Area from plywood walkway to the street.

Right Side: Portion of areaway to replace concrete and repair the capstone.

Right Side: Portion of areaway to replace concrete and repair the capstone.

End of Scope of Work

SECTION D - MARKING

The contract number and project name/title shall be clearly noted on all items delivered for this contract.

SECTION E - INSPECTION

See Inspection and Acceptance terms in FAR clause 52.246-12.

SECTION F - DELIVERY AND PERFORMANCE

PLACE OF PERFORMANCE

National Gallery of Art, West Building 6th Street and Constitution Avenue, NW Washington, DC 20565

SECTION G - CONTRACT ADMINISTRATION DATA

CONTRACT MANAGEMENT

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

Contracting Officer: The CO assigned to this project is:

Geoffrey Spotts, Contracting Officer National Gallery of Art Office of Procurement and Contracts (APC) 601S Pennsylvania Ave, NW (South Building) Suite 3000 Washington, DC 20004

Mailing Address:

2000B South Club Drive Landover, MD 20785 Phone: 202.842.6407 g-spotts@nga.gov

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

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

Daniel Warrenfeltz, Engineering Technician National Gallery of Art Engineering Department (AFM-EN) 601S Pennsylvania Ave, NW Washington, DC 20004

Mailing Address:

2000B South Club Drive Landover, MD 20785 Phone: 202.789.3212 d-warrenfeltz@nga.gov

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

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

CORRESPONDENCE

All non-technical correspondence shall be prepared in accordance with the “Marking” instructions and addressed to the CS. All technical correspondence, including submittals, shall be prepared in accordance with the “Marking” instructions and submitted to the COTR.

PAYMENT

Payment shall be made by:

Treasurer’s Office (TGA) National Gallery of Art 2000B South Club Drive Landover, MD 20785 mailto:g-spotts@nga.gov mailto:d-warrenfeltz@nga.gov

INVOICING

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

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

The Contractor shall submit one (1) original and two (2) copies of each invoice. The Contractor shall submit all invoices, within 90 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 supplies and/or services under this contract. The Contractor shall mark the last invoice with “FINAL INVOICE.”

SECTION H - SPECIAL CONTRACT REQUIREMENTS

NATIONAL GALLERY OF ART REQUIRED INSURANCE

(a) Contractor's Liability Insurance

(1) The contractor shall purchase and maintain in companies properly licensed to do business in the location where work is being performed under this contract and acceptable to the NGA such insurance as will protect the contractor and the NGA from claims set forth below which may arise out of or result from the contractor's operations under the contract, whether such operations be by the contractor or by any subcontractor, any supplier, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.

(i) Workman's Compensation: Claims under worker's or workmen's compensation, disability benefit and other similar employee benefit acts. The contractor will require his subcontractors to similarly provide workmen's compensation insurance for all of the latter's employees;

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

(iii) Comprehensive General Liability:

(A) Claims for damages because of bodily injury, sickness or death of any persons other than his employees;

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

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

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

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

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

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

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

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

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

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

(iv) Comprehensive Automobile Liability insurance for bodily injury liability insurance with limits of not less than $200,000.00 for each person and $500,000.00 for each accident, and property damage liability insurance, with a limit of not less than $20,000.00 for each accident.

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

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

SECURITY REQUIREMENTS

The Contractor shall comply with all Gallery Security Requirements. Please see Section J, “Section 01 3553 – Security Procedures”.

SAFETY REQUIREMENTS

The Contractor shall comply with all Gallery Safety Requirements. Please see Section J, “Section 01-3523 – National Gallery of Art Safety Requirements”.

NATIONAL GALLERY OF ART REGULATIONS

The Contractor shall comply with all Gallery regulations. Please see Section J, “Regulations Governing the National Gallery of Art Buildings and Grounds”.

SITE VISIT/PRE-PROPOSAL MEETING

A mandatory site visit/pre-proposal meeting is scheduled for August 26, 2008 at 10:00 a.m. EDT. Offers shall not be accepted from firms that did not attend the site visit/pre-proposal meeting. Only one site visit will be scheduled.

Offerors interested in attending the site visit shall notify the Administrative Contracting Officer no later than 4:00 p.m. EDT on August 25, 2008. The site visit is expected to last one hour.

Interested offerors will be met at the 6th Street and Madison Drive, NW entrance of the National Gallery of Art, and is marked by the red arrow on the map included in Section J.

The National Gallery of Art does not provide parking for the site visit. Metered on-street and garage parking are available in the area. Allow sufficient time to find parking.

DISCLOSURE OF INFORMATION AND NON-DISCLOSURE AGREEMENT

Any information made available to the Contractor by the Gallery shall be used only for the purpose of carrying out the requirements of this contract and shall not be divulged or made known in any manner to any person excepts as may be necessary in the performance of the contract. The foregoing restriction does not apply to any information (a) received by contractor from third parties without restriction, or (b) in the public domain.

In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of the Gallery 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.

PUBLIC USE OF THE NAME OF THE NATIONAL GALLERY OF ART

The Contractor shall not refer to the Gallery in advertising, news releases, brochures, catalogs, television and radio advertising, letters of reference, websites, or any other media used generally by the Contractor in its commercial marketing initiatives, in such a way that it represents or implies that the Gallery prefers or endorses the products or services offered by the Contractor.

No public release of information pertaining to this contract will be made without prior written approval from the Gallery and/or the Contracting Officer.

INCORPORATION OF SUCCESSFUL OFFEROR’S TECHNICAL PROPOSAL

The Contractor’s technical proposal shall be incorporated by reference and made a part of this contract. In the event of any inconsistency between the provisions of this contract and the Contractor’s technical proposal, the contract provisions shall take precedence.

SECTION I - FAR CLAUSES

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.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER/TITLE DATE

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. Jan 1997

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Sept 2005

52.203-3 Gratuities. April 1984

52.203-5 Covenant Against Contingent Fees. April 1984

52.203-7 Anti-Kickback Procedures. July 1995

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. Jan 1997

52.204-4 Printed or Copied Double-Sided on Recycled Paper. Aug 2000

52.204-9 Personal Identity Verification of Contractor Personnel Sept 2007

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. Sept 2006

52.211-10 Commencement, Prosecution, and Completion of Work. April 1984

52.215-2 Audit and Records—Negotiation. June 1999

52.215-8 Order of Precedence—Uniform Contract Format. Oct 1997

52.222-1 Notice to the Government of Labor Disputes. Feb 1997

52.222-10 Compliance with Copeland Act Requirements. Feb 1988

52.222-11 Subcontracts (Labor Standards). July 2005

52.222-12 Contract Termination—Debarment. Feb 1988

52.222-13 Compliance with Davis-Bacon and Related Act Regulations. Feb 1988

52.222-14 Disputes Concerning Labor Standards. Feb 1988

52.222-15 Certification of Eligibility. Feb 1988

52.222-20 Walsh-Healey Public Contracts Act. Dec 1996

52.222-27 Affirmative Action Compliance Requirements for Construction. Feb 1999

52.222-29 Notification of Visa Denial. June 2003

52.222-4 Contract Work Hours and Safety Standards Act—Overtime Compensation. July 2005

52.222-6 Davis-Bacon Act. July 2005

52.222-7 Withholding of Funds. Feb 1998

52.222-8 Payrolls and Basic Records. Feb 1998

52.222-9 Apprentices and Trainees. July 2005

52.223-14 Toxic Chemical Release Reporting. Aug 2003

52.223-3 Hazardous Material Identification and Material Safety Data. Jan 1997

52.223-5 Pollution Prevention and Right-to-Know Information. Aug 2003

52.223-6 Drug-Free Workplace. May 2001

52.225-14 Inconsistency Between English Version and Translation of Contract. Feb 2000

52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises. June 2000

52.227-1 Authorization and Consent. July 1995

52.227-4 Patent Indemnity—Construction Contracts. April 1984

52.228-5 Insurance—Work on a Government Installation. Jan 1997

52.229-3 Federal, State, and Local Taxes. April 2003

52.230-2 Cost Accounting Standards. April 1998

52.230-3 Disclosure and Consistency of Cost Accounting Practices. April 1998

52.230-4 Consistency in Cost Accounting Practices. Aug 1992

52.232-16 Progress Payments. April 2003

52.232-17 Interest. June 1996

52.232-18 Availability of Funds. April 1984

52.232-23 Assignment of Claims. Jan 1986

52.232-27 Prompt Payment for Construction Contracts. Sept 2005

52.232-37 Multiple Payment Arrangements. May 1999

52.232-5 Payments under Fixed-Price Construction Contracts. Sept 2002

52.233-1 Disputes. July 2001

52.236-10 Operations and Storage Areas. April 1984

52.236-11 Use and Possession Prior to Completion. April 1984

52.236-12 Cleaning Up. April 1984

52.236-13 Accident Prevention. Nov 1991

52.236-14 Availability and Use of Utility Services. April 1984

52.236-15 Schedules for Construction Contracts. April 1984

52.236-17 Layout of Work. April 1984

52.236-2 Differing Site Conditions. April 1984

52.236-26 Preconstruction Conference. Feb 1995

52.236-3 Site Investigation and Conditions Affecting the Work. April 1984

52.236-5 Material and Workmanship. April 1984

52.236-6 Superintendence by the Contractor. April 1984

52.236-7 Permits and Responsibilities. Nov 1991

52.236-8 Other Contracts. April 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. April 1984

52.242-13 Bankruptcy. July 1995

52.242-14 Suspension of Work. April 1984

52.244-6 Subcontracts for Commercial Items. Mar 2007

52.245-1 Government Property. June 2007

52.246-12 Inspection of Construction. Aug 1996

52.246-21 Warranty of Construction. Mar 1994

52.248-3 Value Engineering—Construction. Sept 2006

52.249-10 Default (Fixed-Price Construction). April 1984

52.253-1 Computer Generated Forms. Jan 1991

52.222-25 Affirmative Action Compliance Requirements for Construction. Feb 1999

(a) Definitions. “Covered area,” as used in this clause, means the geographical area described in the solicitation for this contract.

“Deputy Assistant Secretary,” as used in this clause, means the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, or a designee.

“Employer identification number,” as used in this clause, means the Federal Social Security number used on the employer’s quarterly Federal tax return, U.S. Treasury Department Form 941.

“Minority,” as used in this clause, means—

(1) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

(2) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands);

(3) Black (all persons having origins in any of the black African racial groups not of Hispanic origin); and

(4) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race).

(b) If the Contractor, or a subcontractor at any tier, subcontracts a portion of the work involving any construction trade, each such subcontract in excess of $10,000 shall include this clause and the Notice containing the goals for minority and female participation stated in the solicitation for this contract.

(c) If the Contractor is participating in a Hometown Plan (41 CFR 60-4) approved by the U.S. Department of Labor in a covered area, either individually or through an association, its affirmative action obligations on all work in the plan area (including goals) shall comply with the plan for those trades that have unions participating in the plan. Contractors must be able to demonstrate participation in, and compliance with, the provisions of the plan. Each Contractor or subcontractor participating in an approved plan is also required to comply with its obligations under the Equal Opportunity clause, and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good-faith performance by other Contractors or subcontractors toward a goal in an approved plan does not excuse any Contractor’s or subcontractor’s failure to make good-faith efforts to achieve the plan’s goals.

(d) The Contractor shall implement the affirmative action procedures in paragraphs (g)(1) through (16) of this clause. The goals stated in the solicitation for this contract are expressed as percentages of the total hours of employment and training of minority and female utilization that the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for the geographical area where that work is actually performed. The Contractor is expected to make substantially uniform progress toward its goals in each craft.

(e) Neither the terms and conditions of any collective bargaining agreement, nor the failure by a union with which the Contractor has a collective bargaining agreement, to refer minorities or women shall excuse the Contractor’s obligations under this clause, Executive Order 11246, as amended, or the regulations thereunder.

(f) In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities.

Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.

(g) The Contractor shall take affirmative action to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with this clause shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and implement affirmative action steps at least as extensive as the following:

(1) Ensure a working environment free of harassment, intimidation, and coercion at all sites and in all facilities where the Contractor’s employees are assigned to work. The Contractor, if possible, will assign two or more women to each construction project. The Contractor shall ensure that foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at these sites or facilities.

(2) Establish and maintain a current list of sources for minority and female recruitment. Provide written notification to minority and female recruitment sources and community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses.

(3) Establish and maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant, referrals of minorities or females from unions, recruitment sources, or community organizations, and the action taken with respect to each individual. If an individual was sent to the union hiring hall for referral and not referred back to the Contractor by the union or, if referred back, not employed by the Contractor, this shall be documented in the file, along with whatever additional actions the Contractor may have taken.

(4) Immediately notify the Deputy Assistant Secretary when the union or unions with which the Contractor has a collective bargaining agreement has not referred back to the Contractor a minority or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations.

(5) Develop on-the-job training opportunities and/or participate in training programs for the area that expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under paragraph (g)(2) of this clause.

(6) Disseminate the Contractor’s equal employment policy by—

(i) Providing notice of the policy to unions and to training, recruitment, and outreach programs, and requesting their cooperation in assisting the Contractor in meeting its contract obligations;

(ii) Including the policy in any policy manual and in collective bargaining agreements;

(iii) Publicizing the policy in the company newspaper, annual report, etc.;

(iv) Reviewing the policy with all management personnel and with all minority and female employees at least once a year; and

(v) Posting the policy on bulletin boards accessible to employees at each location where construction work is performed.

(7) Review, at least annually, the Contractor’s equal employment policy and affirmative action obligations with all employees having responsibility for hiring, assignment, layoff, termination, or other employment decisions. Conduct review of this policy with all on-site supervisory personnel before initiating construction work at a job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.

(8) Disseminate the Contractor’s equal employment policy externally by including it in any advertising in the news media, specifically including minority and female news media. Provide written notification to, and discuss this policy with, other Contractors and subcontractors with which the Contractor does or anticipates doing business.

(9) Direct recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students, and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later than 1 month before the date for acceptance of applications for apprenticeship or training by any recruitment source, send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.

(10) Encourage present minority and female employees to recruit minority persons and women. Where reasonable, provide after-school, summer, and vacation employment to minority and female youth both on the site and in other areas of the Contractor’s workforce.

(11) Validate all tests and other selection requirements where required under 41 CFR 60-3.

(12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities. Encourage these employees to seek or to prepare for, through appropriate training, etc., opportunities for promotion.

(13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the Contractor’s obligations under this contract are being carried out.

(14) Ensure that all facilities and company activities are nonsegregated except that separate or single-user rest rooms and necessary dressing or sleeping areas shall be provided to assure privacy between the sexes.

(15) Maintain a record of solicitations for subcontracts for minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.

(16) Conduct a review, at least annually, of all supervisors’ adherence to and performance under the Contractor’s equal employment policy and affirmative action obligations.

(h) The Contractor is encouraged to participate in voluntary associations that may assist in fulfilling one or more of the affirmative action obligations contained in paragraphs (g)(1) through (16) of this clause. The efforts of a contractor association, joint contractor-union, contractor-community, or similar group of which the contractor is a member and participant may be asserted as fulfilling one or more of its obligations under paragraphs (g)(1) through (16) of this clause, provided, the Contractor—

(1) Actively participates in the group;

(2) Makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry;

(3) Ensures that concrete benefits of the program are reflected in the Contractor’s minority and female workforce participation;

(4) Makes a good-faith effort to meet its individual goals and timetables; and

(5) Can provide access to documentation that demonstrates the effectiveness of actions taken on behalf of the Contractor.

The obligation to comply is the Contractor’s, and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.

(i) A single goal for minorities and a separate single goal for women shall be established. The Contractor is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, the Contractor may be in violation of Executive Order 11246, as amended, if a particular group is employed in a substantially disparate manner.

(j) The Contractor shall not use goals or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.

(k) The Contractor shall not enter into any subcontract with any person or firm debarred from Gallery contracts under Executive Order 11246, as amended.

(l) The Contractor shall carry out such sanctions and penalties for violation of this clause and of the Equal Opportunity clause, including suspension, termination, and cancellation of existing subcontracts, as may be imposed or ordered under Executive Order 11246, as amended, and its implementing regulations, by the OFCCP. Any failure to carry out these sanctions and penalties as ordered shall be a violation of this clause and Executive Order 11246, as amended.

(m) The Contractor in fulfilling its obligations under this clause shall implement affirmative action procedures at least as extensive as those prescribed in paragraph (g) of this clause, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of Executive Order 11246, as amended, the implementing regulations, or this clause, the Deputy Assistant Secretary shall take action as prescribed in 41 CFR 60-4.8.

(n) The Contractor shall designate a responsible official to—

(1) Monitor all employment-related activity to ensure that the Contractor’s equal employment policy is being carried out;

(2) Submit reports as may be required by the Gallery; and

(3) Keep records that shall at least include for each employee the name, address, telephone number, construction trade, union affiliation (if any), employee identification number, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, separate records are not required to be maintained.

(o) Nothing contained herein shall be construed as a limitation upon the application of other laws that establish different standards of compliance or upon the requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees. (Dec 2004)

(a) Definition. As used in this clause— “United States” means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted.

The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB’s website at http://www.nlrb.gov.

I The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR Part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR Part 470, Subpart B—Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to—

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor’s employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United

States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant

Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor’s facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that—

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t45t48+40+0++%2845%29%20%20AND%20%28%2845%29%20ADJ%20USC%29%3ACITE%20AND%20%28USC%20w%2F10%20%28151%29%29%3ACITE%20%20%20%20%20%20%20%20%20 http://www.nlrb.gov/

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United

States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the

Railway Labor Act and a second for all other contractors. The Contractor shall—

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-

Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department’s Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov;

or

(3) Reproduce and use exact duplicate copies of the Department of Labor’s official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3I. For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR Part 470, Subpart B—Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

52.236-21 Specifications and Drawings for Construction, Alternate I (April 1984) Feb 1997

(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.

(b) Wherever in the specifications or upon the drawings the words “directed,” “required,” “ordered,” “designated,” “prescribed,” or words of like import are used, it shall be understood that the “direction,” “requirement,” “order,” “designation,” or “prescription,” of the Contracting Officer is intended and similarly the words “approved,” “acceptable,” “satisfactory,” or words of like import shall mean “approved by,” or “acceptable to,” or “satisfactory to” the Contracting Officer, unless otherwise expressly stated.

(c) Where “as shown,” “as indicated,” “as detailed,” or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word “provided” as used herein shall be understood to mean “provide complete in place,” that is “furnished and installed.”

(d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, or any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements, and (2) the installation (i.e., fit, and attachment details) of materials or equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the contractor to explain in detail specific portions of the work required by the contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract.

(e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor’s approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government’s reasons therefor. Any work done before such approval shall be at the Contractor’s risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) of this clause.

(f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Contracting Officer approves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued.

(g) The Contractor shall submit to the Contracting Officer for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications.