Smithsonian RFP for Packing and Shipping IDIQ.pdf

Smithsonian Institution

REQUEST FOR PROPOSAL 33330224RF0010033

SMITHSONIAN INSTITUTION

IDIQ FOR PACKING AND SHIPPING MUSEUM, ARCHIVES, AND LIBRARY COLLECTIONS

via E-mail Delivery

Questions regarding RFP due on August 27, 2024 12 p.m. EST

Proposals due via email on October 1, 2024 12 p.m. EST

A. GENERAL INVITATION

The Smithsonian Institution (“SI”) hereby invites bidders (Offerors) to submit a proposal for an Indefinite Delivery Indefinite Quantity (“IDIQ”) Contract for packing and shipping museum artifacts, archives and library collections. These contracts are designed to enable the Smithsonian Institution and its units to obtain services for specific projects via a task order to the IDIQ contract.

Anticipated projects awarded under the contracts may vary from individual task order and will vary depending on the complexity of each individual project. Services shall primarily be provided for the Smithsonian museums and facilities located in Washington DC and New York but may be provided for Smithsonian facilities in other areas.

The forthcoming Contracts will follow federal terms and conditions; the result from this solicitation will be a federal contract. The task orders may be funded by either federal or trust funding. The contracts are expected to be awarded in early 2025.

PROPOSAL SUBMISSION

Proposals must be submitted in two distinct email files consisting of a Technical Proposal and a Business Proposal. PROPOSALS MUST BE RECEIVED VIA EMAIL NO LATER THAN October 1, 2024 12 p.m. EST. The response should be submitted to Debra Berke, Contracting Specialist at berked@si.edu. Be sure to receive acknowledgement via email to ensure that your proposal has been received by the Smithsonian Institution. A link is a good way of submitting the proposals. No hard copy submission is required.

MINIMUM REQUIREMENT:

This solicitation has a minimum requirement that bidders must have had recent and demonstrated experience with various packing and shipping tasks including handling, housing, packing, crating, and moving a range of museum, archives, and/or library collections materials, to include works of art, historical artifacts, natural and physical science specimens, images, bound materials,, audiovisual media, paper records, photographs, and/or digital assets for complex museum projects involving display, storage, and/or research. Recent and demonstrated experience shall be a minimum of five (5) successfully completed museum collections handling, transport, and installation projects over the last five (5) years.

*A complex museum project is defined as one consisting of packing/crating; shipping and installation; tracking individual collections item locations on a daily basis; working with, assembling, disassembling and/or moving of collections of a variety of sizes and material types.

Project examples should include examples of art and artifact handling, transport both domestically and internationally and installation of both small and large-scale artifacts relevant to the scope of work noted in this RFP.

*Museum classified (or museum quality) collections are defined as cultural heritage items, objects, artworks, artifacts, archival collections and/or records and library collections that are held in the public trust and carry a high burden of public accountability for their preservation and accessibility due to historical, intellectual, scientific and/or aesthetic significance, in addition to monetary value. For the purposes of the minimum requirement, no other materials other than what is defined may meet the requirement.

FIRMS MUST CLEARLY DEMONSTRATE THAT THEY MEET THIS REQUIREMENT AT THE FRONT OF

THEIR TECHNICAL PROPOSAL.

Failure to demonstrate Minimum Requirements may result in Bidder’s proposal not being evaluated. The Smithsonian reserves the right to determine the extent to which Offeror’s comparable projects meet the Minimum Requirements as set forth and as clarified herein, and the extent to which Offeror’s comparable projects are relevant to the subject project.

Section B – Supplies/Services and Prices/Costs

B.1. Contract Type

Through this Request for Proposal (“RFP”) the Smithsonian Institution (“Smithsonian” or “SI”) intends to award several Indefinite Delivery Indefinite Quantity (“IDIQ”) contracts for Packing and Shipping Museum Artifacts, archives and library collections.

The Contracts awarded from this RFP shall be Indefinite Delivery Indefinite Quantity (IDIQ) Contracts, each with an initial (1) year term, with the Smithsonian reserving the right to extend said term for nine (9) additional one year option periods. The successful Offeror(s), referred to herein as the Contractor, shall perform work as generally described in Section C and as specifically identified in each future task order contract (“Task Order”). Each project that falls within the scope of the Contracts awarded hereunder shall take the form of a Task Order that shall have its own specific Task Order number and shall normally be a firm fixed price contract in accordance with the terms and conditions of the awarded IDIQ Contract. Please note that the Smithsonian does not guarantee a minimum or maximum number of Task Orders or Task Order dollar amounts for either the base year or for any option year; and the Smithsonian is not in any way obligated to issue any Task Orders under the resultant contract. Task Orders issued under the awarded Contracts may or may not be competed at the discretion of the Smithsonian Institution.

The Smithsonian may also award IDIQ Contracts strictly for specific services in (e.g. the Smithsonian can envision a scenario where they award a task order Contract for packing only and a different task order contract for transportation only). Furthermore, under the awarded IDIQ Contracts, the Smithsonian reserves the right to award individual Task Orders specifically for desired services in a given labor category rather than for a project (e.g. a museum may award a Task Order for a rigging, rather than awarding a Task Order for a full artifact move.)

B.2. Labor Rates and Pricing

B.2.1 The Contractor shall submit fully burdened hourly rates established for all labor categories to be utilized for purposes of submitting a firm fixed cost proposal for each future Task Order.

B.2.2 The Offeror shall submit the percentage markup (including overhead, G & A, commission, profit, etc.) for other direct costs (except travel) to be used for Task Orders. Contractor’s maximum total markup (including overhead, G&A, commission, FCCM, profit, etc.) for any such subcontractors’ labor and other direct costs (except travel, see Section B.3.) shall not exceed ten percent (10%) for all Task Orders. A smaller markup is encouraged.

B.2.3 Any services to be provided by subcontractors to the prime IDIQ contractor will be negotiated on a case-by-case basis, but in all circumstances where subcontractors are utilized, the prime Contractor’s maximum total markup (including overhead, G&A, commission, FCCM, profit, etc.) for any such subcontractors’ labor and other direct costs (except travel, see Section B.3.) shall not exceed ten percent (10%) for all Task Orders. A smaller markup is encouraged.

B.3 Vehicle rates for first two years of IDIQ (See L.5.2 Business Proposal)

B.4. Travel and Per Diem

B.4.1 The Contractor shall obtain approval from the Contracting Officer’s Technical Representative (COTR) prior to any travel. The Contractor shall be reimbursed for pre-approved travel for actual transportation costs and travel allowances (per diem) of personnel authorized to undertake out-of-town, overnight travel under this contract. Such transportation costs shall not be reimbursed in an amount greater than the cost of economy class rail or of economy air travel, unless economy rail travel and economy air travel space are not available and the Contractor certifies to this fact in vouchers or other documents submitted for reimbursement.

Travel allowances (per diem) shall be reimbursed in accordance with the Contractor’s established policy but in no event shall such allowances exceed the rates established in the Federal Travel Regulations.

B.4.2 The Contractor shall be reimbursed for the cost of out-of-town, overnight travel performed by its personnel in their privately owned automobiles at the rate established in the Federal Travel Regulations not to exceed the cost by the most direct economy air route between the points so traveled. If more than one person travels in the same automobile, no additional charge shall be made by the Contractor for such travel.

B.4.3 No profit or fee (i.e., commission, G&A expense, overhead expense, etc.) shall be paid to Contractor for any travel expenses hereunder.

B. 5 Optional Services

The Smithsonian Institution reserves the sole right to exercise the optional services. (see Section F.1)

SECTION C – DESCRIPTION, SPECIFICATIONS, STATEMENT OF WORK

C.1 Background. The Smithsonian Institution holds the National Collections that are central to the core activities of scholarship, discovery, exhibition and education. Collections span natural history, cultural artifacts, art, books, archival documents and more, in every medium and composition. Artifacts include, but are not limited to, oversize sculpture, automobiles, quilts, gems, paintings, rockets, taxidermied animals, photographs, and costumes. A comprehensive accounting of the millions of objects and specimens, archival materials, and library volumes held by the Smithsonian can be found on the Smithsonian Dashboard https://www.si.edu/dashboard/national-collections.

The work required is for the movement and handling for installation, deinstallation, research and storage of cultural heritage, art, and/or scientific collections items. The purpose of these IDIQ contracts is to establish support services for Smithsonian museums, archives, and libraries when relocating collections for various purposes. The IDIQ Contract may be used to handle packing and shipping when emergencies occur.

SUSTAINABLE PACKING The Smithsonian is committed to sustainable practices in all aspects of our work including those which involve the packing of collection items for storage and shipment. When possible contractors should use materials that are reusable, compostable, recyclable, or biodegradable. Reusable, low-carbon footprint materials or materials made from recycled content are to be utilized over single use, high carbon footprint materials not made from recycled content, provided those materials meet standards for the safety of collection items. When disposing of packing materials, every effort should be made to recycle or repurpose materials. Landfill waste should be a last resort.

All contractors must be actively registered in the SAM database by the time of award or a contract cannot be issued. SAM.gov | Home

C.2 Scope of Work Covered by IDIQ

BIDDERS ARE NOT REQUIRED TO HAVE A SPECIALTY IN ALL AREAS LISTED BELOW AND CAN

BRING ON SUBCONTRACTORS TO MEET A SPECIALIZED SCOPE OF WORK IN AN INDIVIDUAL

TASK ORDER.

A. Packing and Storage arrangements for museum, archives, and library collections. (Does not include the transportation arrangements)

Preparing collections for a move from one location to another following all safety, preservation, and cultural sensitivity requirements. Work may include: exhibition installation or de-installation; crate and mount making, including, consultation, design, and building; setting up storage structures and furniture for collection storage; entering catalog and condition data into databases; condition surveys; storage housings; packing collections for freezing, anoxic treatment, or other types of controlled environmental treatment; the arrangement of/providing suitable equipment including freezers, vacuum freeze driers, dehumidifiers, air scrubbers, etc.

https://www.si.edu/dashboard/national-collections https://sam.gov/content/home

B. Physical transit of museum, archives, and library collection objects from one place to another. Movement may be for purposes of loan, accession, move to another storage location, emergency services, etc. Work may include: providing the secure and climate controlled air-ride vehicles with working lift-gate, constant surveillance, and the drivers and any necessary permits or additional escort vehicles, loading and off-loading collections objects from vehicles, assisting with installation and de-installation in display spaces; moving crates and objects to or from the gallery or venue, documenting and addressing collections item condition situations, designing and fabricating crate interior fittings and outer shells, coordinating exhibition tours and mounts for that installation. Providing specialized equipment, tools, and supplies needed to move the works; condition reporting and loan requirements. Types of transportation vehicles include:

vans, box trucks and tractor-trailers. General standards for museum collections transportation vehicles are:

1. The truck shall be equipped with air ride suspension, a working lift gate, pallet jacks, dual drivers, CSS (Constant Surveillance Service), and climate control.

2. Climate must be maintained at 70 degrees, +/- 2 degrees over the duration of the trip.

3. Smithsonian may provide a tracker to monitor truck temperature, humidity GPS location and shock readings.

4. Crates and packages shall be secured to prevent shifting or movement during transport, and shall not be stacked.

5. Pickup and delivery should occur during normal business hours if possible and a schedule of the transit is to be submitted with the estimate.

6. Stoppage time is not allowed only on exclusive uses.

7. Additional standards may be added to the scope of work.

C. Rigging. Providing all or part of the engineering and equipment expertise to install or deinstall large or suspended collections artifacts ranging from fine art works to rockets, based on the written requirements of the SI unit. This may include engineering and architectural drawings and specifications signed/certified by a professional engineer licensed in the state in which the work is to be performed; developing and briefing written safety and quality control plans; the arrangement of suitable equipment including trucks, gantry, scaffolding, cranes, pallet jacks, personnel lifts, forklifts, and other handling equipment, hardware, and tools; the ability to fabricate supports and mounts in suitable size and shape, in compliance with applicable safety regulations and standards, and providing experienced and licensed or certified equipment operators.

Note that rigging is not required for all projects. Rigging may be required for specific projects. If so, there will be an opportunity to provide a subcontractor that the Smithsonian has the right to approve or disapprove.

D. Handling customs and airport arrangements for foreign and overseas shipments. Apply for and manage documentation and permits necessary for import/ export, including but not limited to pro forma invoices, temporary import bonds, and U.S. Fish and Wildlife permits and customs brokering. Service is only required on specific projects and contractor will have opportunity to propose subcontractors if necessary.

E. Specialized recovery services. Providing all or part of the collections recovery services. This may include: freezing collections; vacuum freeze drying collections, dry surface cleaning collections and collections storage furniture/equipment; anoxic treatment for collections; pest, mold, or soot removal from collections.

F. Emergency Packing and Shipping. When emergencies occur, swift and cautious response is necessary to protect collection items and extract them from dangerous situations. For these situations, a contractor must be able to accept and begin work on the task order within 24 hours, and have basic understanding or experience with packing collection items that have been affected by water, smoke, soot, fire, mold, pest, or other physical damage. The structural stability of collection items affected by an emergency can/is compromised and requires specialized handling and packing materials that may differ from those utilized during standard operations. Dedicated transportation services and equipment with specialized specifications, such as air conditioning or freezer capabilities may be required during emergency packing and shipping of affected collection items.

C.3 Labor Categories:

The following are labor categories needed for typical museum object handling and moving projects. Provide qualifications for these categories in Offeror’s Technical Proposal under Key Personnel. As part of the Smithsonian Institution evaluation of Offeror’s proposal, the determination will be made if applicable skills, experience, training, and/or education meet the requirements for the key personnel proposed.

BIDDERS DO NOT NEED TO PROVIDE STAFF FOR EVERY LABOR CATEGORY (SUCH AS RIGGING)

LISTED BELOW BUT THEY MUST PROVIDE ADEQUATE KEY PERSONNEL TO COMPLETE A TYPICAL

JOB. When the Smithsonian submits a Request for Proposal for a task order, contractors may propose additional labor categories or subcontractors to handle those specific scope of work requirements.

Lead On-Site Project Manager

At least three (3) years' experience in planning and project managing in construction, fabrication, or fine art logistics in museum or gallery setting, capable of managing and adapting scope, schedule and budget with a working knowledge of project management software. Must demonstrate the ability to establish goals and objectives; prepare reports and schedules;

communicate effectively with all stakeholders; monitor the project budget; and be capable of planning, assigning and supervising others' work. Can be one of the art/artifact handlers.

Museum, Archives, Libraries/Art Handler - Installer

Experience in art, artifact, archival, and/or library collections handling and installation in a museum or gallery-type environment including collections ranging in type from works of art, historical artifacts, natural and physical science specimens, archival and library collections, audio and visual media, paper records, photographs, and/or digital assets. Experience should include collections of various quantities, sizes, weights, complexities, fragility, significance, value, and knowledge of material composition including collections-based hazards. Experience handling culturally sensitive items with unique handling requirements may be requested for specific tasks. Must have experience working independently and as part of a team. Completed safety and hazard communication training program(s) specific to the collections-based hazard(s) and/or required personal protective equipment, or complete the specific training required for a particular project and task order on the job.

Museum , Archives, Libraries/Art Handler - Packer

Experience in art, artifact, archival, and/or library collections handling and packing in preparation for shipment, including collections ranging in type from works of art, historical artifacts, natural and physical science specimens, archival and library collections, audio and visual media, paper records, photographs, and/or digital assets. Experience should include packing and preparing for shipment collections of various quantities, sizes, weights, complexities, fragility, significance, value, and knowledge of material composition including collections-based hazards. Experience packing culturally sensitive items with unique handling or transportation requirements may be requested for specific tasks. Must have experience working independently and as part of a team. Completed safety and hazard communication training program(s) specific to the collections-based hazard(s) and/or required personal protective equipment, or complete the specific training required for a particular project and task order on the job.

Carpenter/Crate Maker

Work experience handling a diverse range of artifacts, possessing strong carpentry skills, and knowledge of materials necessary to construct crates meeting security and conservation standards for artifacts.

CDL Driver (Class A)

Maintain a current class A commercial driver’s license with current medical examiner’s certificate, with a minimum of two years of experience transporting collections items using straight trucks and flatbed and enclosed trailers.

Non-CDL Driver

Maintain a current driver’s license with a minimum of two years of experience transporting or escorting collections items as a major job duty.

Rigging Specialist (Optional)

Completed an OSHA-compliant qualified rigger course or otherwise meet OSHA’s definition of qualified rigger, with a minimum of two years rigging and signaling experience in a museum or gallery environment. Must be physically capable of performing rigging work, and have experience rigging loads for both collections transportation or storage, and collections display purposes.

Other (Bidders can offer other categories necessary to handle the scope of work of the base IDIQ.

In specific task order scope of work, other labor categories may be required and can be added later. )

C.3.1 Depending on the work involved, background checks may be required and other requirements of working within a secure Museum, archive, or library environment may apply.

C. 4 Schedule Work Hours and Location

The schedule and work hours will depend on the specific project. The Contractor shall negotiate a work schedule with the Contracting Officer’s Technical Representative (COTR) that is mutually agreeable and maintains project progress. This may include increasing or decreasing the number of workers and their hours on a given day due to the amount of progress or type of work being done.

C.5 Project Management and Performance Monitoring

During its performance hereunder, the Contractor shall keep in close liaison with the COTR, COR, or the COTR’s or CORs designated representative. Acceptance of work and frequency of review is at the discretion of the COTR. S/he will request the Contractor to meet on a regular basis to review the progress of the work. The periodic performance meetings shall determine acceptance of work and payment. Written reports and documentation of work completed may be required.

C.6 Additional Details

1. Often no parking is available at the museum, archive or library sites and the loading dock is tightly scheduled.

2. Some tools may need to be provided by contractors such as power tools, ladders, measuring tapes or tolls, protective goggles and other special equipment as detailed in the project.

C.7 Jobsite Safety

Contractor shall perform all services in accordance with the Smithsonian Institution safety requirements specifications as set forth in Section J. Depending on the scope of the individual Task Orders, Contractor will be required to consult with additional Smithsonian offices and resources for information regarding standards and requirements.

8. Correlation and Intent Omissions in the SOW of such words and phrases as “the Offeror shall”, “the Contractor shall”, “shall be”, “shall consist of”, “as indicated on the drawings”, “in accordance with”, “shall”, “and”, “the”, etc., are intentional. Such words and phrases shall be supplied by implication.

Whenever the words “necessary”, “proper”, or words of like effect are used in the SOW with respect to the extent, conduct, or character of work required, they shall mean that the said work shall be carried to the extent, must be conducted in a manner, or be of a character that is “necessary” or “proper” under the circumstances, in the opinion of the Contracting Officer. The Contracting Officer’s judgment in such matters shall be considered final.

Section D - Packaging and Marking. The task orders will contain specific information on delivery locations and any specific packing and shipping requirements involved.

Section E - Inspection and Acceptance

E.1. Inspection:

E.1.1 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.

E.1.2 Inspection may be at the Contractor’s place of business or at any location where work is being performed in conjunction with this Contract.

E.1.3 Inspection by the Smithsonian Institution shall not relieve the Contractor of responsibility for any or all quality control aspects during the life of this Contract. This shall include quality control for items covered by this Contract that may be subcontracted.

E.2. Acceptance:

E.2.1 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.

E.2.2 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.

E.2.3 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.

F. Deliveries or Performance

F.1 This Contract shall become effective upon full execution by the parties, with the effective date being the last date of signature hereto and shall last for an initial period of one 1 year (the “base”). Task Orders may be placed against this Contract at any time during the base or option years, even though the delivery under a given Task Order may extend beyond the Term of this Contract.

The Contracts awarded from this RFP shall be Indefinite Delivery Indefinite Quantity (“IDIQ”) Contracts, each with an initial one (1) year term, with the Smithsonian reserving the sole right to extend said term for 9 additional one year option periods.

Any optional services 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 rates. 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.

The Contract Option Year dates will be filled in at Contract Award.

Base:_______________________

Option year 1_________________

Option year 2_________________

Option year 3_________________

Option year 4_________________

Option year 5_________________

Option year 6_________________

Option year 7_________________

Option year 8_________________

Option year 9_________________

The above periods represent timeframes in which the Smithsonian Institution may issue Task orders to the Contractor. The Smithsonian Institution does not guarantee any minimum work or dollar amounts for either the base year or for any renewal year.

F.2 For each of the applicable one (1) year option terms beyond the base Contract Term, the labor rates for each labor category shall be proposed by the Contractor in writing and successfully negotiated with the Smithsonian at least thirty (30) days prior to the beginning of each subsequent one-year term. The renewal rates, however, shall not exceed the previous year’s labor rates plus the percentage increase for U.S. City Average for the most recent one-year period (Consumer Price Index for All Urban Consumers: Selected Areas, all items index). In the event that Contractor fails to propose renewal labor rates at least thirty (30) days prior to the then current expiration date of a given term, the previous year’s labor rates shall automatically apply to the subsequent one-year term.

F.3. Deliverables schedule. The Contractor shall submit the following minimum deliverables for each Task Order, in addition to those specified in each Task Order, with the schedule for completion of each to be negotiated and set forth in the Task Order:

(i.) A monthly written status report which includes work accomplished and percentage of completion report.

(ii.) Routine meetings with COTR

F.4. Task Order Response Time. The Contractor shall begin performance for each Task Order contract within ten (10) calendar days of the receipt of an executed Task Order and or Notice to Proceed, unless otherwise directed by the Contracting Officer.

F.5 Delivery Point Unless otherwise specified in the individual Task Order, the Contractor shall deliver all deliverables to the Contracting Officer's Technical Representative (COTR) at no additional charge to the Smithsonian.

F.6 Bonds

Bonds are not required for this contract but may be required in specific instances for task order projects.

F.7 Smithsonian Institution's Right to Stop or to Suspend the Work (Jun 2000)

If the Contractor fails to correct defective work, or fails to carry out the work or supply labor and materials in accordance with the Contract Documents, the C.O. by a written order may order the Contractor to stop the Work, or any portion thereof, without monetary compensation to the Contractor until the cause for such order has been eliminated.

The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the Work for such period of time as he may determine to be appropriate for the convenience of the S.I.

If the performance of all or any part of the Work is, for an unreasonable period of time, suspended, delayed, or interrupted by the S.I. or its authorized representatives in the administration of this Contract, or by failure of any one of them to act within the time specified in this Contract (or if no time is specified, within a reasonable time), an adjustment shall be made for an increase in the actual time required for performance of the Work by the Contractor, due solely to such unreasonable suspension, delay, or interruption and the Contract modified in writing accordingly.

In the event of a suspension of work or delay or interruption of work, the Contractor will and will cause his subcontractors to protect carefully his, and their materials and work against damage or injury from the weather and maintain completed and uncompleted portions of the work as required by the Contract Documents. If, in the opinion of the COTR, any work or material shall have been damaged or injured by reason of failure on the part of the Contractor or any of his subcontractors to so protect same, such work and materials shall be removed and replaced at the expense of the Contractor.

F.8 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the

Smithsonian covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Smithsonian during contract performance and for as long afterwards as the contract requires.

(c) The Smithsonian has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Smithsonian shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Smithsonian performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Smithsonian may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Smithsonian may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Smithsonian may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Smithsonian that is directly related to the performance of such service; or

(2) Terminate the contract for default.

G. CONTRACT ADMINISTRATION

G.1. Contract Management. Notwithstanding the Contractor's responsibility for total management during the performance of this Contract, the administration of this 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 this Contract.

(i.) Contracting Officer. The Smithsonian Contracting Officer is responsible for and has the sole authority for directing and/or negotiating any changes to the terms, conditions, or amounts set forth herein. All contract administration is the responsibility of the Contracting Officer. Communications pertaining to contractual administrative matters shall be addressed to the Smithsonian Contracting Officer. No changes in or deviation from the scope of work are allowed without a written modification to the contract executed by the Smithsonian Contracting Officer authorizing such changes.

(ii.) Contracting Officer's Technical Representative (COTR). The COTR (to be determined on each Task Order) shall serve as the COTR and shall act for and on behalf of the Contracting Officer in the administration of the Contract with respect to: 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; Evaluation on an overall basis of the acceptability of workmanship and Contractor's compliance with technical requirements; and The approval and acceptance of work performed under the Contract.

(a.) The COTR is not authorized to modify of any of the provisions, terms or conditions of this Contract or the Contract. All authorities not herein delegated are reserved to the Contracting Officer.

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

(iii.) Technical Point of Contact (TPOC). The TPOC if required (To be Determined if necessary) shall serve as the TPOC for the architectural and engineering component of the contract with authority to issue technical directions relating to design of the gallery shell and infrastructure.

(iv.) 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 any 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 his/her letter of appointment, a copy of which will be furnished to the Contractor upon award of a Contract hereunder. 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.2 Contractor’s Authorized Representative. The Contractor represents that the following person shall is authorized to negotiate on its behalf, and to bind the Contractor to any obligations hereunder, including any amendments, or any Contracts hereto. This individual should be contacted in the event of award for prompt contract notification and administration concerning specifications, schedules and other necessary Contract matters.

(Name) (Title) (Street Address) (City, State & Zip) (Telephone & Facsimile No.)

(E-mail address)

G.3 Key Personnel

G.3.1. The Contractor shall include all key personnel who will be assigned under this contract.

List all key personnel below including the labor categories specially required in this RFP.

Detail the experience in Technical Proposal under Key Personnel in Section L below.

NAME LABOR CATEGORY

Lead On-Site Project Manager

Museum Object, Archives, Libraries/Art Handler - Packer

Museum Object, Archives, Libraries/Art Handler - Installer

Carpenter/Crate Maker

CDL Driver (Class A)

Non-CDL Driver

Rigging Specialist (Optional)

Other

G.3.2. 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.

G 3.3. 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.

G.4 Invoices

G.4.1. The Smithsonian Institution reserves the right to verify the amount of services rendered in any invoice by review of the Contractor's records. Such review may be made by appropriate Smithsonian Institution personnel or outside audit firm, at the election of the Contracting Officer.

The Contractor shall make such records available to such audit personnel at any reasonable time.

Invoices must reflect costs as shown in Contractor's proposal applicable to the invoiced project.

G.4.2. The Contractor shall submit an original invoice(s), identifying the Smithsonian Institution's contract number, including pertinent data in regard to services completed and deliverable furnished, to the address identified in the Task Order Contract.

G.4.3. The Prompt Payment Act (31 U.S.C. Section 3901) is not applicable to the Smithsonian Institution. The Smithsonian will take reasonable measures to ensure that payment for invoices properly documented and submitted will be paid within thirty (30) days from the Smithsonian’s receipt of a proper invoice approved by the COTR. All payments made hereunder shall be made by electronic funds transfer.

G.5 The Contractor may submit invoice(s) to the COTR not more frequently than monthly for work actually performed and accepted by the COTR. Specific information regarding the applicability of progress payments will be provided in individual Contracts.

G.6 Nonpayment for Additional Work. Contractor shall not be reimbursed for additional goods or services provided hereunder in excess of the amount set forth in Section B of the Task Order Contract, unless agreed to in writing by separate amendment hereto signed by the Smithsonian Contracting Officer. Any additional services or changes to the scope of work specified herein which may be performed by the Contractor, either at his own volition or at the request of an individual other than a duly appointed Contracting Officer, except as may be explicitly authorized in this Contract, are not authorized and will not be paid for by the Smithsonian. Only a duly appointed Contracting Officer is authorized to change the specifications, the terms, and conditions in this Contract by separate written amendment hereto, signed by the Contracting Officer. When costs are a factor in any price adjustment hereunder, the contract cost principles and procedures in FAR part 31 shall apply.

G.7 Incorporation of Contractor's Proposal. It is understood and agreed that the Contractor shall, in meeting the requirements of this Contract, perform the work in accordance with its proposal to the Smithsonian Institution for services, dated (to be inserted upon award of 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.

G.8 General Procedures for Ordering, Selection, and Issuance of Task Orders

G.8.1. As the need for services covered by this Contract may arise, the Smithsonian Institution will issue to the Contractor(s) a Request for Proposal (RFP) or Request for Quote (RFQ), with all the necessary documentation of project requirements, i.e., a reasonably descriptive statement of work and current drawings (if available) for a proposal from the Contractor(s) to perform the required services. If required by the Smithsonian Institution, the Contractor(s) shall visit the site with the COTR or his/her representative. Museum specific standards and guidelines may be added to the scope of work for Task Order projects.

G.8.2. The Contractor(s) shall submit a proposal which includes a firm fixed price for all effort and cost (which includes a detailed cost breakdown showing numbers of hours and applicable rates for each utilized labor category listed in this contract and other direct costs), a work plan which includes a detailed description of how the work is to be accomplished, deliverable schedule and format for all deliverables, and an estimated time frame for completion (or as otherwise directed). The Smithsonian Institution shall not pay any proposal preparation costs, nor make reimbursements for any of the costs associated with responses to these requests, nor is the Smithsonian Institution obligated to procure or contract for the services.

G.8.3. When negotiations take place and an agreement has been reached on services to be performed, cost, deliverables, and schedule, the Contractor and the Contracting Officer shall execute a Task Order contract reflecting all terms agreed upon. The Contractor is hereby notified that until the Task Order contract is signed by the Contracting Officer, work shall not begin. The terms of the base IDIQ contract shall apply to all subsequent Task Order contracts.

G.8.4. If agreement cannot be reached, neither party will be under any obligation to the other with respect to the services covered by the particular draft task order.

G.8.5. The Smithsonian reserves the right to award Task Orders directly to Contractor, or directly to any other contractor, without competing such award.

G.8.6. Proposals and/or cost estimates prepared and submitted in response to any request under this Contract shall be provided at no cost to the Smithsonian.

G.8.7. The Smithsonian retains the right to procure the same or similar services from other services other than Contractor during the Term of this Contract or otherwise, and additionally reserves the right to secure proposals or pricing from other sources for work proposed under this Contract.

H. SPECIAL CONTRACT REQUIREMENTS

H.1 Use of Smithsonian Name.

Contractor is hereby put on notice that Smithsonian owns, controls, and/or has registered the trademarks/service marks “Smithsonian”, “Smithsonian Institution”, the Smithsonian sunburst logo and the names of its museums, centers, organizations and facilities (the “Names”). Contractor further acknowledges the great value of the prestige, publicity, and goodwill associated with the Names, and in such connection, acknowledges that such goodwill belongs exclusively to Smithsonian and that the Names have acquired a secondary meaning in the mind of the purchasing public as a source of museum services and museum products. Contractor agrees that it shall not knowingly harm, misuse, or bring into disrepute the Names, and will assist Smithsonian as it may reasonably request in preserving the integrity and dignity of the Names and any trademark interest therein.

H.1.1 Restricted Uses. Except as may be otherwise provided herein, Contractor shall not without Smithsonian’s prior, written approval refer to the Smithsonian Institution or to any of its museums, programs, organizations, or facilities in any manner or through any medium, whether written, oral, or visual for any purpose whatsoever, including, but not limited to, advertising, marketing, promotion, publicity, solicitation, or fund-raising.

Contractor shall not have the Names printed on its letterhead stationery or brochures advertising non-Smithsonian sponsored activities.

H.1.2 Permitted Uses. Notwithstanding anything in the Contract to the contrary, Contractor may make casual or factual reference to the Names in a way, which does not bear on Contractor’s obligations herein or the service thereof. Contractor may make use of the Names in a client “resume” format, so long as Contractor lists Smithsonian among all or a significant portion of its other clients, without placing the Names in a prominent position, prominent or different typeface, or otherwise placing the Names so as to draw special attention to them among other client names. The preferred method is to arrange client names according to either alphabetical order or chronologically, according to number of years that Contractor has provided service to each client.

H.1.3 Smithsonian Approvals. Contractor’s use of the Names shall maintain the dignity and integrity of the Smithsonian. All of the language, phrases, format, and/or layout concerning or referring to the Names pertaining to the subject matter of this Contract shall be submitted to Smithsonian for Smithsonian’s prior written approval. Once Smithsonian has approved such materials, Contractor may continue to use such materials without further approval, provided that there are no significant changes in text, layout, content, or design. Contractor shall place an appropriate notice of trademark ownership or federal trademark registration next to all of the Names as they are displayed. Any inadvertent failure shall not constitute a breach of this Contract.

H.1.4 Contractor shall ensure that the requirements set forth herein with respect to the use of the Smithsonian’s Names are contained in any contracts with its subcontractors and suppliers. Contractor shall be responsible for the failure of any subcontractor, supplier, or lower tier subcontractor, or lower tier supplier to comply with this clause.

H.2 Registration with Award Management (“SAM”).

H.2.1 Contractor hereby represents and warrants that it has registered in the SAM database and shall maintain and update such registration throughout its performance hereunder and through final payment under this Contract.

H.2.2 The Contractor is responsible, during the performance of this Contract and through final payment, for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Smithsonian’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in SAM does not alter terms and conditions of this Contract and it is not a substitute for a properly executed contractual document.

H.2.3 The Contractor shall not change the name or address for any electronic funds transfer (EFT) payments or manual payments as appropriate in the SAM record to reflect an assignee for the purpose of the assignment of claims. Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payment, including those by EFT, to an ultimate recipient other than the Contractor shall be considered incorrect information.

H.2.4 The certification regarding previous crimes, debarments, suspensions, and defaults contained in Contractor’s SAM registration is a material representation of fact upon which the Smithsonian relies when making award. If it is later determined that the representations made by Contractor in SAM were erroneous, in addition to other remedies available to the Smithsonian, the Smithsonian reserves the right to terminate this Contract for default

H.3 Confidentiality. Each party (“Disclosing Party” or “Discloser”) may provide certain information to the other party (“Receiving Party”), for purposes of performing hereunder. The parties recognize and acknowledge that the Smithsonian is a trust instrumentality of the United States and has adopted a written policy for responding to requests for Smithsonian Institution records, including paper documents, electronic data, email, contracts, and other information stored or maintained by the Smithsonian, consistent with the principles of disclosure under the Freedom of Information Act, 5 United States Code (U.S.C.), § 552. This Contract is subject to the Smithsonian’s records disclosure policy.

H.3.1 Confidential Information.