F11SOL10002 FINAL 10-21.pdf

F11SOL10002

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 42

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

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

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

X

OCON

SMITHSONIAN INSTITUTION

P.O. BOX 37012

MRC 1200

Washington DC 20013-7012

BID DROP OFF 1500 ET 11/23/2010

Debra A. Berke 202 berked@si.edu

633-7414

PAGE(S)

Dorothy A. Leffler

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 42

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

F11SOL10002

(A) (B) (C) (D) (E) (F)

See attached RFP document consisting of 42 pages.

Table of Contents on page 3. SEE Schedule

Sections A-M.

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

Section A - Solicitation/Contract Form

Section B - Supplies or Services/Prices

Section C - Description/Specifications

Section D - Packaging and Marking

Section E - Inspection and Acceptance

1. SI-0057 Inspection

2. SI-0058 Acceptance

Section F - Deliveries or Performance

Section G - Contract Administration Data 1 52.202-S0059 Contract Management 2 52.202-S0060 Contracting Officer 3 52.202-S0061 Contracting Officer's Technical Representative (COTR) (Apr 1988) 4 52.202-S0062 Authorities 5 52.215-S0002 Authorized Negotiators (Apr 1984) 6 52.215-S0063 Key Personnel 7 SI-0064 Incorporation of Contractor's Proposal 8 SI-0066 Invoices

Section H - Special Contract Requirements

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

2. 52.203-S0004 Advertising of Award Smithsonian Institution

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

4. 52.223-S0070 Dissemination of Information

6. SI-0073 Indemnification

7. SI-0074 Specific Insurance Requirements

Section I - Contract Clauses 1 52.203-3 Gratuities. (APR 1984) 2 52.203-5 Covenant Against Contingent Fees. (APR 1984) 3 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) 4 52.203-7 Anti-Kickback Procedures. (JUL 1995) 5 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997) 6 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997) 7 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (SEP 2007) 8 52.203-13 Contractor Code of Business Ethics and Conduct. (DEC 2008) 9 52.204-4 Printed or Copied Double-Sided on Recycled Paper. (AUG 2000) 10 52.204-7 Central Contractor Registration. (APR 2008) 11 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (SEP 2006) 12 52.215-2 Audit and Records - Negotiation. (MAR 2009) 13 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 14 52.215-10 Price Reduction for Defective Cost or Pricing Data. (OCT 1997) 15 52.215-11 Price Reduction for Defective Cost or Pricing Data - Modifications. (OCT 1997) 16 52.215-12 Subcontractor Cost or Pricing Data. (OCT 1997) 17 52.215-13 Subcontractor Cost or Pricing Data - Modifications. (OCT 1997) 18 52.216-18 Ordering. (OCT 1995) 19 52.216-19 Order Limitations. (OCT 1995) 20 52.217-8 Option to Extend Services. (NOV 1999)

21 52.219-8 Utilization of Small Business Concerns. (MAY 2004) 22 52.219-28 Post-Award Small Business Program Representation. (APR 2009) 23 52.222-1 Notice to the Government of Labor Disputes. (FEB 1997) 24 52.222-3 Convict Labor. (JUN 2003) 25 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (JUL 2005) 26 52.222-20 Walsh-Healey Public Contracts Act. (DEC 1996) 27 52.222-21 Prohibition of Segregated Facilities. (FEB 1999) 28 52.222-26 Equal Opportunity. (MAR 2007) 29 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (SEP 2006) 30 52.222-36 Affirmative Action for Workers with Disabilities. (JUN 1998) 31 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (SEP 2006) 32 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees. (DEC 2004) 34 52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 1989) 35 52.222-50 Combating Trafficking in Persons. (FEB 2009) 36 52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) - Alternate I

(JUL 1995)

37 52.223-5 Pollution Prevention and Right-to-Know Information. (AUG 2003) 38 52.223-6 Drug-Free Workplace. (MAY 2001) 39 52.223-12 Refrigeration Equipment and Air Conditioners. (MAY 1995) 40 52.223-14 Toxic Chemical Release Reporting. (AUG 2003) 41 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 42 52.227-1 Authorization and Consent. (DEC 2007) 43 52.228-2 Additional Bond Security. (OCT 1997) 44 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 45 52.228-11 Pledges of Assets. (SEP 2009) 46 52.229-3 Federal, State, and Local Taxes. (APR 2003) 47 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments). (APR 2003) 48 52.230-3 Disclosure and Consistency of Cost Accounting Practices. (OCT 2008) 49 52.230-4 Disclosure and Consistency of Cost Accounting Practices for Contracts Awarded to Foreign Concerns. (OCT 2008) 50 52.230-5 Cost Accounting Standards - Educational Institution. (OCT 2008) 51 52.230-6 Administration of Cost Accounting Standards. (MAR 2008) 52 52.232-11 Extras. (APR 1984) 53 52.232-23 Assignment of Claims. (JAN 1986) 54 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003) 55 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 56 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) 57 52.242-13 Bankruptcy. (JUL 1995) 58 52.243-1 Changes - Fixed-Price. (AUG 1987) - Alternate I (APR 1984) 59 52.243-1 Changes - Fixed-Price. (AUG 1987) - Alternate II (APR 1984) 60 52.244-6 Subcontracts for Commercial Items. (AUG 2009) 61 52.246-20 Warranty of Services. (MAY 2001) 62 52.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984) .28 63 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984) 64 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 65 52.253-1 Computer Generated Forms. (JAN 1991) 66 52.202-S0003 Definitions (Apr 1988) 67 52.215-S0001 Order of Precedence 68 52.232-S0005 Interest on Payments 69 52.232-S0053 Examination of Records by Smithsonian Institution (Oct 1987) 70 52.233-S0006 Disputes

71 52.243-S0044 Equitable Adjustments (Jun 2000) 72 52.243-S0045 Pricing of Adjustments (Jun 2000) 73 52.249-S0050 Termination for Convenience of the Smithsonian Institution (Jun 2000) 74 52.252-S0011 Notice of Deviation in Clauses (Jun 2000) 75 52.222-49 Service Contract Act-Place of Performance Unknown

Section J - List of Documents, Exhibits and Other Attachments

Section K - Representations, Certifications, and Other Statements of Bidders

1. SI-0002 Authorized Negotiators

Section L - Instructions, Conditions, and Notices to Bidders 1 52.204-6 Data Universal Numbering System (DUNS) Number. (APR 2008) 2 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation. (FEB 1999)

Section M - Evaluation Factors for Award 1 52.217-5 Evaluation of Options. (JUL 1990) 2 52.215-S0095 Basis of Award (Jun 2009)

Section A - Solicitation/Contract Form

SI-0085 Solicitation-Contract

See Page 1.

Section B - Supplies or Services/Prices

B.1.

Type of Contract

The Smithsonian Institution intends to award one or more Indefinite Delivery Indefinite Quantity (IDIQ) contract(s) to the successful Contractor(s)/Offeror(s) based on the evaluation criteria in Sections L and M.

B.2. A successful contractor shall furnish all supervision, labor, material and equipment necessary for requested hazardous material monitoring, sampling, and analysis; and review of related design and construction projects and submittals for code and specification compliance as detailed below in the Pricing Schedule B.6.1 and in Section C for any of the Smithsonian Institution buildings located in Washington, DC metropolitan area, Maryland, Virginia and New York.

B.3. The maximum contract price for any one work order within any one term shall not exceed $500,000.

B.4. This contract neither constitutes nor implies award of a work order contract. Work order contracts shall be issued by the Contracting Officer upon notifications by Smithsonian Institution office requesting industrial hygiene services.

B.5. SI-0086 Pricing – The successful contractor/offeror shall identify all costs associated with these projects as set forth herein and below in Section B.6.1. Offerors are required to provide the cost proposal submission as per the following breakdown for the Base IDIQ Contract.

B.6.1 BASE COST PROPOSAL SUBMISSION (REQUIRED FORMAT FOR COST

BREAKDOWN:)

B.6.1.1 PRICING SCHEDULE

ITEM

DESCRIPTION

EST.

QUANTITY

UNIT

PRICE

0001 Analysis of various samples for lead, asbestos or fiber content as indicated by an accredited laboratory

0001AA Air monitoring and PCM sample analysis at laboratory each

0001AB Air monitoring and PCM sample analysis on site

0001AC Air monitoring and TEM sample analysis (24 hour turnaround)

0001AD Air monitoring and TEM sample analysis (48 hour turnaround)

0001AE Bulk sampling and PLM sample analysis at laboratory(48 hour turnaround)

0001AF Bulk sampling and PLM sample

(24 hour turnaround)

0001AG Dust/vacuum wipe sampling and

PLM sample analysis at laboratory

Dust/vacuum wipe sampling and TEM analysis at laboratory

0001AH Dust/vacuum wipe sampling and

0001AI Bulk Sampling or Air Monitoring and AAS Analysis in laboratory

0001AJ Bulk Sampling or Air

0001AK TCLP Testing and Analysis

PRICE

0002 Project Monitoring, Administration and Certified Industrial Hygienist services as indicated for Scheduled Lead and Asbestos Abatement

0002AA Asbestos Project air monitoring by an accredited / licensed Asbestos Inspector, proficient in NIOSH 582; Lead project air monitoring by an accredited/licensed lead inspector/risk assessor hour

0002AB Project Administration by an accredited and licensed asbestos/lead supervisor

0002AC Project Oversight by Certified Industrial Hygienist

0002AD Lead or Asbestos Inspection by an accredited and licensed Inspector

0002AE Asbestos Operations and

Maintenance Plan review by an accredited and licensed Project Designer

PRICE

0003 Project Monitoring, administration and Certified Industrial Hygienist services as indicated for Emergency Response within 4 hours

0003AA Project air monitoring by an accredited and licensed Asbestos Inspector, proficient in NIOSH 582 ; lead project air monitoring by an accredited/licensed lead

0003AB Project Administration by an

0003AC Project Oversight by Certified

0003AD Lead or Asbestos Inspection by

PRICE

0004 Miscellaneous General Items

0004AA Respiratory fit testing as required

PRICE

0001 Analysis of various samples for lead, asbestos or fiber content as indicated by an accredited

0001AA Air monitoring and PCM sample

0001AB Air monitoring and PCM sample analysis on site

0001AC Air monitoring and TEM sample analysis (24 hour turnaround)

0001AD Air monitoring and TEM sample analysis (48 hour turnaround)

0001AE Bulk sampling and PLM sample analysis at laboratory(48 hour turnaround)

0001AF Bulk sampling and PLM sample

0001AG Dust/vacuum wipe sampling and laboratory

0001AH Dust/vacuum wipe sampling and

0001AI Bulk Sampling or Air

0001AJ Bulk Sampling or Air

0001AK TCLP Testing and Analysis

PRICE

0002 Project Monitoring, Administration and Certified Industrial Hygienist services as indicated for Scheduled Lead and Asbestos Abatement

0002AA Asbestos Project air monitoring by an accredited / licensed Asbestos Inspector, proficient in NIOSH 582; Lead project air monitoring by an accredited/licensed lead

0002AB Project Administration by an

0002AC Project Oversight by Certified

0002AD Lead or Asbestos Inspection by

0002AE Asbestos Operations and

Maintenance Plan review by an accredited and licensed Project Designer

PRICE

0003 Project Monitoring, administration and Certified Industrial Hygienist services as indicated for Emergency Response within 4 hours

0003AA Project air monitoring by an accredited and licensed Asbestos Inspector, proficient in NIOSH 582 ; lead project air monitoring by an accredited/licensed lead

0003AB Project Administration by an

0003AC Project Oversight by Certified

0003AD Lead or Asbestos Inspection by

PRICE

0004 Miscellaneous General Items

0004AA Respiratory fit testing as required

NOTE: The Offeror must provide a unit price for each of the items listed in Schedules B.6.1.1 to be responsive to this Request for Proposal (RFP). This procurement will be negotiated and is expected to result in one or more Base contracts from which Work Orders will be issued. Awards may be made to one or more contractors.

B.6.2 The Contractor’s pricing above shall be utilized to submit cost proposals for any work orders. All Work Orders will utilize the above-schedule to calculate firm fixed costs for the work to be performed.

B.6.3 For any option period, the parties may negotiate the pricing schedule in B.6.1. The Option year rates, however, may not exceed the previous year’s rates plus the percentage increase for U.S. City Averages for the most recent twelve month period as determined by the Consumer Price Index. If no request is made by the Contractor, prior to the election of any option year, for negotiation of the pricing schedule, the prior year’s pricing schedule shall continue to be valid.

B.6.4 The Contractor may be required to obtain/possess any variety of certificates, licenses, and accreditations for specific tasks performed. All costs associated with obtaining/possessing such certifications, licenses and accreditations shall be borne by the Contractor.

Section C - Description/Specifications

C. Descriptions/Specifications

C.1 Background and Introduction

Work is for the Smithsonian Institution’s Museum buildings and storage facilities located in the Washington DC metropolitan area, Maryland, Virginia and New York. The buildings range in age and style from the 1881 Arts and Industries building to the contemporary National Museum of the American Indian building.

C.2 Types of Services Required

The Contractor shall provide professional services as required and specified by individual Work Order Contracts. The majority of Industrial Hygiene work occurs in conjunction with other work; usually part of demolition activities and found in chases, shafts, on pipe insulation or duct insulation, structural steel, historic building fabric and are in areas not easily accessed. Lead and asbestos could be found in all SI buildings except National Air and Space Museum Udvar-Hazy Center, National Museum of the American Indian on the Mall, and the National Museum of the American Indian Conservation Resources Center in Maryland.

All requested findings and results per work order shall be presented in written report format within 24 hours of completion of on-site testing, monitoring, and other related working. It is anticipated where a quicker turnaround time might be necessary.

Any work to remove or encapsulate materials will be determined with the safest code compliant approach. Any abatement will be performed by a Smithsonian approved Contractor.

C. 3 Work Order Procedure

A. As the need for services covered by this contract may arise, the Smithsonian Institution shall issue to the Contractor a Scope of Work which shall include the necessary project requirements and supportive documentation, e.g. a descriptive statement of work, current as-built drawings, if available, etc. In addition, the Contractor shall visit the project site with the Project Manager and, if necessary, meet with the Smithsonian client.

B. Within fourteen (14) days of receipt of the Scope of Work, the Contractor shall submit a proposal which includes a detailed cost breakdown showing using the pricing schedule in this contract and an estimated time for completion.

C. When an agreement has been reached on the services to be performed, the cost and completion time, the Contracting Officer shall execute a Work Order contract reflecting all agreed upon terms and conditions.

Section D - Packaging and Marking

SI-0088 Packaging and Marking

Not Applicable

Section E - Inspection and Acceptance

1. SI-0057 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.

2. SI-0058 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.

(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 Period of Performance-NTP

Base Period. The period of performance of this contract shall be for a one year period after date of execution. The contract shall become effective upon execution of the contract.

F.2 Period of Performance-Bonds & Insurance-Construction

Contractor must submit approved Certificate of Insurance and any necessary Performance/Payment Bonds within ten (10) days of the execution of the base contract or any modification thereto.

F.3 Period of Performance-Options

The Smithsonian Institution reserves the right to renew this contract for eight (8) additional one-year periods. The period of performance and terms and conditions of this Contract shall be automatically renewed for successive one (1) year terms, for up to eight (8) successive one (1) year terms, unless either party provides in writing to the other party, a request to change the terms and conditions of this 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 nine (9) years.

Should either party request a change in the terms and conditions of this contract, any increases in the rates listed in the pricing schedule B.6.1 shall be successfully negotiated prior to renewal based upon the Consumer Price Index (CPI) as specified in B.5.3.

These option year periods are subject to (1) acceptance and approval by the Smithsonian Institution of the Contractor's performance during the respective contract periods, (2) Smithsonian Institution's continued requirement for these services, (3) availability of appropriated funds from which payment for contract purposes can be made, and (4) any increases in hourly rates listed in Schedule of Fees shall be successfully negotiated prior to renewal. In the event the Smithsonian Institution exercises its right to extend the period of performance under this contract all other terms and conditions hereunder shall remain the same.

F.4 Delivery Point

Intentionally Left Blank

Section G - Contract Administration Data

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.

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.

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

(a) The Contracting Officer's Technical Representative (COTR), Office of Facilities Engineering and Operations, or an 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.

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.

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].

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

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.

7 SI-0064 Incorporation of Contractor's Proposal

It is understood and agreed that the Contractor shall, in meeting the requirements of the contract, perform the work in accordance with his/her proposal to the Smithsonian Institution for services, dated and supplied independently for each Work Order Contract; 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.

8 SI-0066 Invoices

Contractor shall submit all invoices in One ORIGINAL and One COPY to the COTR clearly indicating the contract number (As specified in each separate work order), and providing detail as to percentage of completion to the Contracting Officer’s Technical Representative (COTR).

Note: The Prompt Payment Act, P.L. 97 177, (31 U.S.C. Section 1801) is not applicable to the Smithsonian Institution.

Section H - Special Contract Requirements

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.

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 written, oral or visual, for any purpose whatsoever, including advertising, marketing, and promotion.

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.

(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.

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.

5. Service Contract Act (SCA)

Pursuant to FAR Clause 52.222-49, the Service Contract Act (SCA) applies to this Contract. As such, the Contractor is required to comply with the SCA in all respects and shall apply the most recent SCA wage determination for all its employees covered by the SCA. You may obtain the most recent wage determination for your employees' geographical location through the Department of Labor at the following website http://www.wdol.gov/sca.aspx#0.

6. SI-0073 Indemnification

(a) Contractor shall be responsible for all damage and expense to person(s) or property caused by its negligent acts and those of its subcontractors, agents or employees, in connection with the work and services performed under this contract. Contractor shall indemnify and hold harmless the Smithsonian Institution, its museums, bureaus, its Regents, officers, agents, employees and the U.S. Government from and against all claims, and liability (including judgments, settlements, statutory liability under Workers Compensation laws), and expenses (including attorneys fees) for any damages, expenses, acts and/or omissions of the Contractor, its agents, subcontractors or employees, related directly or indirectly to any aspect of this contract or performance of work hereunder, including claims and liability for injury to or death of any third party or of Contractor's, agents, subcontractors or employees.

(b) Contractor shall be liable for all damages, costs and expense incurred by the Smithsonian Institution in the construction of the Project(s) including, but not limited to, damages, costs and expenses resulting from claims brought against the Smithsonian Institution by the construction contractor(s) caused by the failure of Contractor to perform the work and services under this contract with the same degree of standard of care and skill normally expected of and provided by consultants in the performance of the same or similar work and services to be provided under this contract.

(c) Acceptance of the work and services by the Smithsonian shall not waive any of the rights of the Smithsonian or release the Contractor from any liability, responsibility or duty contained herein.

7. SI-0074 Specific Insurance Requirements

A. Contractor shall maintain the insurance policies set forth below, covering the term of the contract, with carriers that are acceptable to the Smithsonian Institution. If policies are on a "claims made" basis, Contractor must continue coverage for at least three (3) years after it completes all activities related to this contract. Contractor agrees that it shall notify the Smithsonian Institution, in writing, at least thirty (30) days in advance of any material change to the scope or limits of insurance required by this provision.

Contractor shall disclose to Smithsonian the full limits of all insurance policies on the required certificates http://www.wdol.gov/sca.aspx#0� of insurance, including any umbrella and/or excess liability policies.

B. Contractor shall name the Smithsonian Institution and the United States of America as ADDITIONAL INSUREDS to the Commercial Liability General Liability, Professional Liability, and Automobile Liability policies.

C. Commercial General Liability: Contractor shall maintain Commercial General Liability or comparable broad form liability coverage including standard (ISO Form) coverage for 1)bodily injury, property damage, products and completed operations and contractual liability; and 2) advertising injury and personal injury pertaining to all activities performed by Contractor as part of this contract. Minimum Per Occurrence Limit: $1,000,000 (one million dollars).

D. Professional Liability Insurance coverage to include coverage for errors and omissions of the Contractor, its subcontractor(s), agents and employees. Minimum Per Occurrence Limit: $1,000,000.

E. Automobile Liability: Contractor shall maintain Business Automobile liability coverage including standard (ISO Form) coverage for 1) bodily injury, 2) property damage. Minimum Per Occurrence Limit:

$1,000,000 (one million dollars).

F. Worker's Compensation: contractor shall maintain Worker's Compensation coverage which meets statutory limits of the jurisdiction where the work will be performed.

G. Subcontractor(s): Contractor shall require its subcontractor(s) that perform work under this contract to carry the same insurance limits Contractor must carry under this contract, and to provide a Certificate of Insurance naming the Smithsonian Institution and United States of America as ADDITIONAL

INSUREDS.

H. Contractor may meet the insurance requirements through separate, combination, or package policies if those policies meet the required limits and scope of coverage. Umbrella and/or excess policy limits may be accepted to meet the required limits and scope of insurance.

I. The insurance requirements provided herein are the Contractors minimum requirements and shall not be considered indicative of the ultimate amounts and types of insurance needed by the Contractor. Neither failure to comply nor full compliance with the insurance provisions of this Contract shall limit or relieve the Contractor from the requirements to indemnify the Smithsonian Institution for from other obligations under this contract.

J. Federal Tort Claims Act: Contractor is hereby on notice that the Smithsonian Institution falls within the purview of the Federal Tort Claims Act (28 U.S.C. 2671-2680). As such, the exclusive remedy for claims against Smithsonian for bodily injury, death, and property damage due to negligence of Smithsonian or its employees is in the Federal Tort claims Act; the General Counsel of Smithsonian is authorized to settle all claims against the United States (Smithsonian Institution) for damage to property, personal injury, or death caused by the negligent act or failure to act of a Smithsonian employee in the course of his/her employment cognizable under the Federal Tort Claims Act, as amended; and in some instances, this may be the exclusive remedy.

Section I - Contract Clauses

1 52.203-3 Gratuities. (APR 1984)

2 52.203-5 Covenant Against Contingent Fees. (APR 1984)

3 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

4 52.203-7 Anti-Kickback Procedures. (JUL 1995)

5 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997)

6 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)

7 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (SEP 2007)

8 52.203-13 Contractor Code of Business Ethics and Conduct. (DEC 2008)

9 52.204-4 Printed or Copied Double-Sided on Recycled Paper. (AUG 2000)

10 52.204-7 Central Contractor Registration. (APR 2008)

11 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (SEP 2006)

12 52.215-2 Audit and Records - Negotiation. (MAR 2009)

13 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

14 52.215-10 Price Reduction for Defective Cost or Pricing Data. (OCT 1997)

15 52.215-11 Price Reduction for Defective Cost or Pricing Data - Modifications. (OCT 1997)

16 52.215-12 Subcontractor Cost or Pricing Data. (OCT 1997)

17 52.215-13 Subcontractor Cost or Pricing Data - Modifications. (OCT 1997)

18 52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from [ ]through [insert dates].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

19 52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of [insert dollar figure or quantity]; or

(3) A series of orders from the same ordering office within [ ]days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within [ ]days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

20 52.217-8 Option to Extend Services. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor.

(End of clause)

21 52.219-8 Utilization of Small Business Concerns. (MAY 2004)

22 52.219-28 Post-Award Small Business Program Representation. (APR 2009)

23 52.222-1 Notice to the Government of Labor Disputes. (FEB 1997)

24 52.222-3 Convict Labor. (JUN 2003)

25 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (JUL 2005)

26 52.222-20 Walsh-Healey Public Contracts Act. (DEC 1996)

27 52.222-21 Prohibition of Segregated Facilities. (FEB 1999)

28 52.222-26 Equal Opportunity. (MAR 2007)

29 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (SEP 2006)

30 52.222-36 Affirmative Action for Workers with Disabilities. (JUN 1998)

31 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (SEP 2006)

32 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees. (DEC 2004)

34 52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, 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

Employee Class Monetary Wage - Fringe Benefits

(End of clause)

35 52.222-50 Combating Trafficking in Persons. (FEB 2009)

36 52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) - Alternate I

(JUL 1995)

37 52.223-5 Pollution Prevention and Right-to-Know Information. (AUG 2003)

38 52.223-6 Drug-Free Workplace. (MAY 2001)

39 52.223-12 Refrigeration Equipment and Air Conditioners. (MAY 1995)

40 52.223-14 Toxic Chemical Release Reporting. (AUG 2003)

41 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

42 52.227-1 Authorization and Consent. (DEC 2007)

43 52.228-2 Additional Bond Security. (OCT 1997)

44 52.228-5 Insurance - Work on a Government Installation. (JAN 1997)

45 52.228-11 Pledges of Assets. (SEP 2009)

46 52.229-3 Federal, State, and Local Taxes. (APR 2003)

47 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments). (APR 2003)

48 52.230-3 Disclosure and Consistency of Cost Accounting Practices. (OCT 2008)

49 52.230-4 Disclosure and Consistency of Cost Accounting Practices for Contracts Awarded to Foreign Concerns. (OCT 2008)

50 52.230-5 Cost Accounting Standards - Educational Institution. (OCT 2008)

51 52.230-6 Administration of Cost Accounting Standards. (MAR 2008)

52 52.232-11 Extras. (APR 1984)

53 52.232-23 Assignment of Claims. (JAN 1986)

54 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003)

55 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

56 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984)

57 52.242-13 Bankruptcy. (JUL 1995)

58 52.243-1 Changes - Fixed-Price. (AUG 1987) - Alternate I (APR 1984)

59 52.243-1 Changes - Fixed-Price. (AUG 1987) - Alternate II (APR 1984)

60 52.244-6 Subcontracts for Commercial Items. (AUG 2009)

(a) Definitions. As used in this clause--

"Commercial item" has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

"Subcontract" includes a transfer of commercial items 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 items or nondevelopmental items as components of items to be supplied under this contract.

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)), if the subcontract exceeds $5,000,000 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 (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.(iii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C.

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

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

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

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

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201), if flow down is required in accordance with paragraph (g) of FAR clause 52.222-39).

(viii) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C.

7104(g)).

(ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may flow down to subcontracts for commercial items 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.

61 52.246-20 Warranty of Services. (MAY 2001)

(a) Definition.

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract.