33330224RF0010022.pdf

33330224RF0010022

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 38

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

04/10/2024 X

OCON

SMITHSONIAN INSTITUTION

MRC 1200

PO Box 37012 Washington DC 20013-7012

Smitsonian Institution Ofc. of Contracting & Personal Property Mgmt.

P.O. Box 37012, MRC 1200, CG 3000E Washington, DC 20013-7012

1500 ET 05/22/2024

Jasmine Price 202 pricej@si.edu

633-7284

X

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

Christine Grant

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____90_________ calendar days (60 calendar days unless a different period is inserted

2 | P a g e

NOTICE TO BIDDERS

TOUR OF THE SITE:

Prebid Conference-Site Visit: A site visit has been scheduled for 9:00 a.m. on

Wednesday, April 17, 2024. Perspective offerors are to meet at the National

Zoological Park’s (NZP) Visitors Center, located at 3001 Connecticut Avenue, NW, Washington, DC 20008.

Offerors are encouraged to attend a walk-through to be conducted at the site.

Maps and other SI supplied items will be available during this site visit. Offerors are encouraged to inspect the site prior to submitting a proposal, as information concerning the site will be useful in preparing offers. Failure to visit the site will not constitute a basis for a claim for change in or differing the site conditions, when visiting the site would have provided the Offeror an opportunity to compare the physical site against the specifications. Offerors who are interested in a tour of the site after the pre-bid conference may contact the COTR, Stephen

Micciche at (202)633-4246 or Micciches@si.edu.

3 | P a g e

Section B – Supplies or Services/Prices

B.1. Services

The Contractor shall provide all services necessary for the Custodial and Special Event Support Services for the National Zoological Park, located in Washington, DC.

B.1.1. The Contractors proposal shall include two basic pricing methods for the acquisition of these services. The first is a fixed lump sum, referred to as Firm Fixed Price, FFP. Under FFP, which covers the majority of the work under the contract in which the Contractor is required to furnish all the services and materials listed for the base contract period and the option year periods. All other items will be handled on an Indefinite Delivery Indefinite Quantity IDIQ bases utilizing the second pricing method of time and materials.

B.2. Price/Cost

B.2.1. The cost proposal for custodial services should be based on time and materials deliverable. Price should be broken down to a square foot basis for each type of area indicated on the NZP Space Totals (attached).

B.2.2. The cost proposal for emergency response shall be priced on a time and materials basis. The contractor shall provide the cost per man hour for normal operating hours (6AM to 6PM) Sunday – Saturday and the cost for off duty hours, including nights (6PM to 6AM) Sunday – Saturday. Normal operating dates and times includes all holidays and weekends except Christmas Day (December 25).

B.2.3. The cost of materials and supplies needed will be determined on a cost plus 10% basis. Supplies should be listed separately on invoices submitted for payment.

B.2.4. IDIQ: Special event pricing should be based upon number of guests, time of event, length of event time and public bathrooms in use. Buildings in use for special events should be cleaned prior to start, at the conclusion of event and serviced every 30 minutes during the event.

B.2.5 As an optional pricing for the contract, please submit a cost for daily cleaning of Smithsonian Enterprise (SE) spaces. The spaces are as follows; Bird

4 | P a g e

House room 1108, 414 sq. ft. retail space, Conservation Pavilion rooms 201 and

202, 2276 sq. ft. mixed use space, Education & Administration Building rooms 112 and 114 retail spaces, 1959 sq. ft. retail spaces, Great Cats Store, rooms 100, 100A and 100B, 825 sq. ft. retail spaces, Panda Plaza rooms 100, 101, 101B, 100L1, 100L2, 102 and 103B total 2286 sq. ft. retail spaces.

B.2.6 Contractor should provide a separate quote for high window washing. The inventory will be on a separate sheet.

B.3. Option Years

The Smithsonian Institution reserves the right to renew the resultant Contract with the selected Contractor(s) for nine (9) additional one (1) year periods. The

Period of Performance and Terms and conditions of the resultant Contract shall be automatically renewed for successive one (1) year terms, for up to nine (9) successive one-year terms, unless either party provides in writing to the other party, a request to change the Terms and conditions of the Contract within thirty

(30) calendar days of the current Contract expiration date. In no event shall the

Base Contract term plus subsequent one (1) year terms extend beyond a period of ten (10) years.

B.4. Exercise of Option(s)

In accordance with FAR 17.206(b), except when it is determined not to be in the

Government’s best interest, the Government will evaluate the total price for the basic requirement together with any Option(s) exercised at the time of award. SI therefore reserves the sole option to exercise the proposed Option years subject to the following conditions:

1) Acceptance and approval by the Smithsonian Institution’s Contracting Officer’s Technical Representative (COTR) of the Contractor’s performance on contracted components.

2) Smithsonian’s continued requirement for these services; and

3) The availability of funding from which payment for contract purposes can be made.

5 | P a g e

B.5. Disposition of Offers

All information submitted in response to this RFP shall become the property of the Smithsonian Institution.

Section C. Description/Specifications/Work Statement

C.1. The contractor shall perform all services required in accordance with the Office of Facilities Management & Reliability (OFMR) SOW for Custodial and Special Events Support Services, National Zoological Park dated April 9, 2024, incorporated herein and made part of this Contract document (Attached)

C.2. The contractor shall provide custodial/cleaning services to all specified spaces indicated on the maps provided. Cleaning shall include wiping of all surfaces, vacuuming, shampooing, mopping, waxing, and buffing of floors, cleaning windows, and emptying waste receptacles. Cleaning will also include bathrooms and consist of, cleaning/sanitizing toilets, showers and sinks as well as mopping floors. The contractor shall also provide and restock as needed, all paper products in restrooms such as toilet paper, paper towels and toilet seat covers.

The contractor shall also empty waste receptacles and sanitary napkin containers in all restrooms.

C.3. The contractor shall also provide IDIQ services for special events held at various dates and times.

C.4. The intent of this contract is for the contractor to provide all personnel, products and equipment necessary to clean the spaces indicated on the maps provided to an APPA level 2 standard of ordinary tidiness.

APPA level 2 standards are defined as follows.

• Floors and base moldings shine and/or are bright and clean. There is no buildup in corners or along walls, but there can be up to two days’ worth of dust, dirt, stains, or streaks.

• All vertical and horizontal surfaces are clean, but marks, dust, smudges, and fingerprints are noticeable upon close observation. Lights all work and fixtures are clean.

6 | P a g e

• Washroom and shower fixtures and tile gleam and are odor-free. Supplies are adequate.

• Trash containers and pencil sharpeners hold only daily waste, are clean and odor-free.

C.5. Total number of staff and materials needed to be determined by contractors bid after considering the spaces to be cleaned and the frequency of cleaning.

Park visitation numbers vary greatly at different times of the year. *Monthly averages will be attached on a separate sheet. *

APPA Appearance Levels

Orderly Spotlessness: absolutely bright, fresh, clean, polished, stocked, operable, odorless

Ordinary Tidiness: adequately fresh, clean, stocked, operable, odorless

Casual Inattention: generally clean but streaked or stained with apparent dirt build-up; stocked, operable, odorless

Moderate Dinginess: swept clean but dingy or dull with visible dirt build-up; conspicuous dust and apparent inoperability; lingering trash in sour containers

Unkempt Neglect: dull, dingy, stained, matted build-up of dirt, gum, dust balls; accumulated grime; lack of attention; empty dispensers; moderate to heavy inoperability; general odor and trash build-up

7 | P a g e

C.6. Frequency of Cleaning: Cleaning shall be done as follows.

Public spaces; exhibit viewing areas; once daily.

Public restrooms, once prior to park opening (8:00am) and as often as visitation and usage dictates in order to maintain APPA level 2 standards. This could be as often as every 30 minutes on a busy day. *Monthly visitation averages will be attached on a separate sheet. * Public restroom cleaning during park hours should be done by gender appropriate personnel. Men cleaning the men’s restroom and women cleaning the women’s restroom.

Nonpublic space, offices; twice weekly

Nonpublic bathrooms, showers, breakrooms, kitchens; once daily

Smithsonian Enterprises spaces; once daily

C.7. Sustainability: All cleaning chemicals shall be approved by the COTR prior to use at the National Zoological Park. The use of environmentally friendly products and processes to minimize environmental impact is preferred. Contractor should endeavor to use “Green seal” approved products. Contractor shall provide SDS for all chemicals prior being brought on site as well as their intended uses. No substitutions should be used or brought on site unless they have been approved by the COTR.

C.7.1 Recycling: Contractor shall strive to use products that have the least environmental impact and in quantities that will minimize waste. Product packaging such as cardboard or recyclable plastics such as HDPE I and II are preferred.

C.7.2 Indoor Air Quality: All chemicals should contain low/no volatile organic compounds. Vacuum cleaners should be equipped with high efficiency particulate air filters (HEPA filters) to minimize distribution of dust particles into the areas being cleaned.

8 | P a g e

Section D – Packaging and Marking

(Not Used)

Section E – Inspection and Acceptance

E.1. Inspection

(a) Upon proper notice and during normal working hours, the Smithsonian Institution reserves the right to perform any inspections and tests as deemed necessary to assure that the Contractor is performing in accordance with the terms and specifications as set forth herein.

(b) Inspection may be at the Contractor’s place of business or at any location where work is being performed in conjunction with this contract.

(c) Inspection by the Smithsonian Institution shall not relieve the Contractor of responsibility for any or all quality control aspects during the life of the contract.

This shall include quality control for items covered by this contract that may be subcontracted.

E.2. Acceptance

(a) The supplies and services rendered under this contract will be accepted and approved by the Contracting Officer or a designated representative thereto. Such approval will indicate acceptability to the Smithsonian Institution of performance in accordance with the terms and conditions of this contract and will be subject to applicable warranties. The Smithsonian Institution reserves the right to reject works not conforming to prescribed contract requirements.

(b) Neither the Smithsonian Institution’s reviews, approval, or acceptance of services and/or supplies, nor payment for any of the services or supplies required under this contract shall be construed to operate as a waiver of action arising out of the performance of this contract. Furthermore, the Contractor shall be and remain liable to the Smithsonian Institution in accordance with applicable law for all damages to the Smithsonian Institution caused by the Contractor’s negligent performance of any of the supplies or services furnished under this contract.

9 | P a g e

(c) Acceptance by the Smithsonian Institution does not relieve the Contractor of responsibility for correction of errors or omissions that may arise after such acceptance if the errors and omissions are clearly a fault in Contractor performance.

Section F – Deliveries or Performance

F.1 SI-0080 Period of Performance – NTP

F.1.1 The present Contract shall become effective upon full execution by all parties and issuance of the notice to proceed (NTP). The Contract shall remain in effect for a period of one (1) year from that date.

F.1.2. The Smithsonian Institution hereby reserves the right to renew this Contract for nine (9) additional one (1) year periods. The period of performance and terms and conditions of the Contract shall be automatically renewed for successive one (1) year terms, for up to nine (9) successive one (1) year terms, unless either party provides in writing to the other party, a request to change the terms and conditions of the Contract within thirty (30) calendar days prior to the current Contract expiration date. In no event shall the base Contract term plus subsequent one (1) year terms extend beyond a period of ten (10) years.

F.1.3 The above periods represent the timeframes in which the Smithsonian Institution may issue a Work Order to the Contractor. The Smithsonian Institution does not guarantee any minimum work order dollar amount for either the base year or for any option year.

F.1.4 Any increases in the rates shall be successfully negotiated prior to renewal based upon the Consumer Price Index (CPI) for All Urban Consumers, Washington, DC. Area.

F.1.5 It shall be the responsibility of the Contractor to immediately notify the Contracting Officer and the COTR should any problems occur, obstacles or other impediment to accomplishing the requirements of this Contract as specified above within the time-frame outlined in this Section

F.2 SI-0092 Period of Performance-Insurance

Contractor must submit approved Certificate of Insurance within ten (10) days of contract award.

10 | P a g e

Section G – Contract Administration Data

G.1. 52.202-S0059 Contract Management

Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Smithsonian and the Contractor. The following individuals will be the Smithsonian points of contact during the performance of the contract.

G.2. 52.202-S0060 Contracting Officer

All contract administration will be effected by the Contracting Officer.

Communications pertaining to contractual administrative matters will be addressed to the Contracting Officer. No changes in or deviation from the scope of work shall be effected without a written modification to the contract executed by the Contracting Officer authorizing such changes.

G.3. 52.202-S0061 Contracting Officer's Technical Representative (COTR) (Apr 1988)

(a) The Contracting Officer's Technical Representative (COTR) Stephen Micciche, micciches@si.edu, Smithsonian Institution, Office of Facilities Management & Reliability (OFMR) , or his authorized representative shall act for and on behalf of the Contracting Officer in the administration of any resultant contract with respect to:

1. Resolution of issues that may arise between the Contractor and the Smithsonian Institution in connection with such matters as acceptability of workmanship and other technical requirements;

2. Evaluation on an overall basis of the acceptability of workmanship and Contractor's compliance with technical requirements; and

3. The approval and acceptance of work performed under this contract.

(b) This delegation does not authorize the modification of any of the contract's provisions, terms or conditions. All authorities not herein delegated are reserved to the Contracting Officer.

(c) The Contractor shall make available such records, reports and facilities as may be required to carry out this assignment.

mailto:micciches@si.edu

11 | P a g e

G.4. 52.202-S0062 Authorities

The Contractor is advised that only the Contracting Officer can change or modify the terms of this contract or take any other action which obligates the Smithsonian and then such action must be set forth in a formal modification to the Contract. The authority of the COTR is strictly limited to the specific duties set forth in her letter of appointment, a copy of which will be furnished the Contractor. Contractors who rely on direction from persons other than the Contracting Officer (or a COTR acting within the strict limits of his/her responsibilities as set forth in his/her letter of appointment) do so at their own risk and expense, as such actions do not bind the Smithsonian contractually. All questions concerning the authority of a Smithsonian employee to direct the Contractor contractually should be referred to the Contracting Officer.

G.5. 52.215-S0002 Authorized Negotiators (Apr 1984)

The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations: [list names, titles, and telephone numbers of the authorized negotiators].

G.6. 52.215-S0063 Key Personnel

(a) The Contractor shall include the key personnel to be assigned under this contract those persons listed below:

NAME LABOR CATEGORY

12 | P a g e

Offerors shall also provide this information in their technical proposal.

(b) The persons named above are considered key personnel. The Contractor shall give at least 14 calendar days advance notice if any of these persons are to be removed or diverted from this contract and shall supply written justification as part of this notice and shall name the proposed substitute or replacement; but the Contractor will not remove or divert such persons unless authorized by written consent of the Contracting Officer.

(c) General Approval. All Contractor personnel assigned to this contract are subject to Smithsonian review in accordance with the defined labor categories herein. Contractor personnel found unacceptable by the Smithsonian at any time shall be removed from performing under this contract within 14 calendar days after notification. Such notification shall be delivered in writing by the Contracting Officer to the Contractor.

Section H – Special Contract Requirements

H.1. 52.202-S0010 Use of Smithsonian Name (Jun 2000)

It is recognized and acknowledged that Contractor shall have no right to use the name "Smithsonian" or "Smithsonian Institution", or the name of any Smithsonian Museum or part thereof, including the Facilities, in connection with any of its own advertising, marketing or promotion. However, any marketing or promotional programs concerning the Smithsonian or the Project shall be submitted to the Smithsonian for review and approval prior to any implementation thereof. The Smithsonian may withhold any approval required hereunder as it wishes.

The Prime Contractor shall be responsible for compliance by any subcontractor or supplier or lower tier subcontractor or lower tier supplier with this clause. After award of the contract and upon request of the Contracting Officer, the Prime Contractor shall deliver a written statement acknowledging that this clause has been included in contracts with all subcontractors and suppliers.

H.2. 52.203-S0004 Advertising of Award Smithsonian Institution

The Contractor shall not refer to the Smithsonian or to any of its museums, organizations, or facilities in any manner or through any medium, whether

13 | P a g e written, oral or visual, for any purpose whatsoever, including advertising, marketing, and promotion.

H.3. 52.215-S0009 Information, Services and Rights of the Smithsonian (Apr 1988)

(a) The S.I., through the C.O. and COTR, will provide administration of the contract as hereinafter described.

(b) The S.I. or its authorized representatives shall at all times have access to the Work whenever it is in preparation or progress. The Contractor shall provide safe facilities for such access.

(c) The S.I. or its authorized representatives shall not be responsible for or have control or charge of the construction means, methods, techniques, sequences, or procedures, or for safety precautions and program in connection with the Work, and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents.

(d) The COTR shall have authority to reject Work when in his opinion, the Work does not conform to the Contract Documents.

(e) Whenever in the COTR's reasonable opinion it is considered necessary or advisable for the implementation of the intent of the Contract Documents, the COTR will have authority to require special inspection or testing of the Work in accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed or completed.

(f) The COTR shall have the authority and discretion to call, schedule, and conduct job meetings to be attended by the Contractor, representatives of his Subcontractors, and the Architect to discuss such matters as procedures, progress, problems, payments and scheduling.

(g) The COTR will establish procedures to be followed for processing all Shop Drawings, catalogs, and other project reports and other documentation, test reports, and maintenance manuals.

(h) The COTR will review all requests for changes and shall implement the processing of Change Orders, including applications for extension of the Contract Time.

14 | P a g e

(1) The COTR will review and process all Progress Payments including the Final Payment.

(2) The Smithsonian Institution or its authorized representatives shall not be responsible or liable to the Contractor for the acts, errors or omissions of the Contractor, any separate Subcontractor, any separate contractor or any contractor's or subcontractor's agents or employees, or any other persons performing any of the Work.

(k) Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, ten copies of full size Drawings and Specifications reasonably necessary for the execution of the Work.

(l) The foregoing rights are in addition to other rights of the S.I. enumerated herein and those provided by law.

H.4. 52.223-S0070 Dissemination of Information

There shall be no dissemination or publication of information, except between the Contractor and any subcontractors, of information developed under this contract or any task orders awarded under the terms of this contract or contained in reports to be furnished pursuant to this contract without the prior written approval of the Contracting Officer.

H.5. SI-0064 Incorporation of Contractor’s Proposal

H.5.1. It is understood and agreed that the Contractor shall, in meeting the requirement of the contract, perform the work in accordance with his/her proposal to the Smithsonian Institution for services, dated [insert proposal date];

however, to the extent that any provisions of the articles set forth herein are in conflict or inconsistent with any provisions of said proposal, the provisions of the articles of this contract shall be controlling and shall supersede the provisions of said proposal.

Section I - Contract Clauses

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government. (JUN 2020)

15 | P a g e

52.203-7 Anti-Kickback Procedures. (JUN 2020)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014)

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

(JUN 2020)

52.203-13 Contractor Code of Business Ethics and Conduct. (NOV 2021)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (NOV2021)

52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

52.219-28 Post-Award Small Business Program Rerepresentation. (SEP 2023)

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern

(1) means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships.

16 | P a g e

SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was a small business concern identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph

(f) of this clause or, if applicable, paragraph (h) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was a small business concern identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph

(f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly required it for an order issued under a multiple award contract..

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/document/support-table-size-standards.

17 | P a g e

(e) The small business size standard for a Contractor providing an end item that is does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUDZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

18 | P a g e

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code [insert NAICS Code] assigned to contract number [insert contract number].

(2) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR

124.1001.

(3) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the

WOSB Program. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The

Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The

Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .]

(6) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a veteran-owned small business concern.

(7) [ Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it □ is, □ is not a service-disabled veteran-owned small business concern.

(8) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that— https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c)

19 | P a g e

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business

Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part

126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [ The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture:

_____.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[ Contractor to sign and date and insert authorized signer's name and title._______ ]

(End of clause)

52.222-1 Notice to the Government of Labor Disputes. (FEB 1997)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation.

(MAY 2018)

52.222-41 Service Contract Labor Standards. (AUG 2018)

52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only: It is not a Wage Determination

20 | P a g e

Employee Class Monetary Wage - Fringe

Benefits

(End of clause)

52.222-50 Combating Trafficking in Persons. (NOV 2021)

52.223-3 Hazardous Material Identification and Material Safety Data. (FEB 2021)

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners. (JUN 2016)

52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021)

52.228-2 Additional Bond Security. (OCT 1997)

52.228-5 Insurance - Work on a Government Installation. (JAN 1997)

52.228-11 Individual Surety-Pledges of Assets. (FEB 2021)

52.229-3 Federal, State, and Local Taxes. (FEB 2013)

52.229-4 Federal, State, and Local Taxes (State and Local Adjustments). (FEB 2013)

52.232-11 Extras. (APR 1984)

52.232-23 Assignment of Claims. (MAY 2014)

52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.242-13 Bankruptcy. (JUL 1995)

21 | P a g e

52.244-6 Subcontracts for Commercial Products and Commercial Services. (SEP 2023)

a) Definitions. As used in this clause—

Commercial product, commercial service and commercially available off-the-shelf item have the meanings contained in Federal Acquisition Regulation

(FAR) 2.101.

Subcontract includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial products, commercial services, or non-developmental items as components of items to be supplied under this contract.

(c) (1) The Contractor shall insert the following clauses in subcontracts for commercial products or commercial services:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509), if the subcontract exceeds the threshold specified in

FAR 3.1004(a) on the date of subcontract award, and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (JAN 2017).

https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-3#FAR_3_1004 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_203_19

22 | P a g e

(iv) 52.204-21, Basic Safeguarding of Covered Contractor Information

Systems (NOV 2021) , other than subcontracts for commercially available off-the-shelf items, if flow down is required in accordance with paragraph (c) of FAR clause 52.204-21.

(v) 52.204-23, Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV

2021) (Section 1634 of Pub. L. 115-91).

(vi) 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment. (NOV

2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vii) 52.204-27, Prohibition on a ByteDance Covered Application (JUN

2023) (Section 102 of Division R of Pub. L. 117-328).

(viii) 52.219-8, Utilization of Small Business Concerns (SEP

2023) ( 15 U.S.C.637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) 52.222-26, Equal Opportunity (SEPT 2016) (E.O.11246).

(xi) 52.222-35, Equal Opportunity for Veterans (JUN

2020) ( 38 U.S.C.4212(a));

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020)( 29 U.S.C.793).

(xiii) 52.222-37, Employment Reports on Veterans (JUN

2020) ( 38 U.S.C.4212).

https://www.acquisition.gov/far/part-52#FAR_52_204_21 https://www.acquisition.gov/far/part-52#FAR_52_204_21 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/part-19#FAR_19_702 https://www.acquisition.gov/far/part-52#FAR_52_219_8 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

23 | P a g e

(xiv) 52.222-40, Notification of Employee Rights Under the National

Labor Relations Act (DEC 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv)(A) 52.222-50, Combating Trafficking in Persons (NOV

2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50( 22 U.S.C. chapter 78 and E.O.

13627).

(xvi) 52.222-55, Minimum Wages for Contractor Workers under

Executive Order 14026 (JAN 2022), if flow down is required in accordance with paragraph (k) of FAR clause 52.222-55.

(xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN

2022) (E.O. 13706), if flow down is required in accordance with paragraph (m) of

FAR clause 52.222-62.

(xviii)(A) 52.224-3, Privacy Training (JAN 2017) ( 5 U.S.C. 552a) if flow down is required in accordance with 52.224-3(f).

(B) Alternate I (JAN 2017) of 52.224-3, if flow down is required in accordance with 52.224-3(f) and the agency specifies that only its agency-provided training is acceptable).

(xix) 52.225-26, Contractors Performing Private Security Functions

Outside the United States (OCT 2016) (Section 862, as amended, of the National

Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xx) 52.232-40, Providing Accelerated Payments to Small Business

Subcontractors (MAR 2023) , if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial

Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C.2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.

https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_55 https://www.acquisition.gov/far/part-52#FAR_52_222_55 https://www.acquisition.gov/far/part-52#FAR_52_222_62 https://www.acquisition.gov/far/part-52#FAR_52_222_62 https://www.acquisition.gov/far/part-52#FAR_52_224_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_225_26 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_247_64

24 | P a g e

(2) While not required, the Contractor may flow down to subcontracts for commercial products or commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

(End of clause)

52.246-20 Warranty of Services. (MAY 2001)

52.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984)

52.249-8 Default (Fixed-Price Supply and Service). (APR 1984)

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): []

(End of clause)

52.253-1 Computer Generated Forms. (JAN 1991)

52.202-S0003 Definitions (Apr 1988)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation or contract was issued, unless modified herein--

(a) "Head of the agency," means the Secretary of the Smithsonian Institution.

(b) "Contracting Officer" (C.O.) means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings and to settle all claims.

(c) "Government" means the Smithsonian Institution (S.I.). The Contracting Officer (C.O.) shall be deemed to be the authorized representative of the S.I. The

25 | P a g e

Smithsonian Institution shall hereinafter be referred to by its initials, "S.I.", or as "the Government".

(d) "Contractor" means the person or persons, firm or company whose proposal has been accepted by S.I. and includes the Contractor's personal representatives, successors and assigns permitted by S.I.

(e) "Contracting Officer's Technical Representative" (COTR) means the Project Manager appointed by the Contracting Officer to act as COTR for the purpose of the Contract. Written notification of the appointment or recession of such appointment shall be promptly furnished to the Contractor.

52.215-S0001 Order of Precedence

In the event of an inconsistency between provisions of the Solicitation or the Contract, the inconsistency shall be resolved by giving precedence in the following order:

1. The Schedule.

2. Solicitation, Instructions, and Conditions.

3. Amendments to the Solicitation.

4. Contract Clauses.

5. Specifications.

6. The Drawings: large scale details, small-scale details, standard size plans, sections and elevation drawings.

7. Other Documents, Exhibits, and Attachments.

8. Other Provisions of the Solicitation, whether incorporated by reference or otherwise inferred by standard practice.

9. The Offeror's Proposal.

52.232-S0005 Interest on Payments

The Prompt Payment Act (31 U.S.C. Section 3901), is not applicable to the Smithsonian Institution. The Smithsonian Institution shall take all reasonable measures to ensure that payment for invoice(s) properly documented and

26 | P a g e submitted shall be paid within 30 days from receipt of an approved proper invoice(s) by the COTR.

52.232-S0053 Examination of Records by Smithsonian Institution (Oct 1987)

The Contractor agrees that the Contracting Officer of the Smithsonian Institution or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under this contract, or of the time periods for the particular records specified in Part 4.7 of the Federal acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of the Contractor involving transactions related to this contract or compliance with any clauses thereunder. The Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Contracting Office, Smithsonian Institution or any of this duly authorized representatives shall, until the expiration of 3 years after final payment under the subcontract, or of the time periods for the particular records specified in Part 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of such subcontractor, involving transactions related to the subcontract for compliance with any clauses thereunder. The term "subcontract" as used in this clause excludes (a) purchase orders for public utility services at rates established for uniform applicability to the general public.

52.233-S0006 Disputes

(a) Smithsonian Institution is Not Subject to the Contract Disputes Act. The Contract Disputes Act of 1978 (41 U.S.C. 601-613) is not applicable to the Smithsonian Institution. All disputes arising under or relating to this contract shall be resolved under this clause.

(b) Claims: "Claims", as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract.