OFEO_ELEV_F15SOL10058.pdf

F15SOL10058

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 47

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

07/28/2015 X

OCON

SMITHSONIAN INSTITUTION

P.O. BOX 37012

MRC 1200

Washington DC 20013-7012

BID DROP OFF 1500 ET 08/28/2015

Justice K. Harvey 202 harveyj@si.edu

633-7408

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 47

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

F15SOL10058

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

Vertical Transportation Maintenance and Repair

Services

Period of Performance: 01/01/2016 to 12/31/2016

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 E.152.246-16 Responsibility for Supplies. (APR 1984) E.2 52.246-S0057 Inspection E.3 52.246-S0058 Acceptance Section F - Deliveries or Performance Section G - Contract Administration Data G.1 52.202-S0059 Contract Management G.2 52.202-S0060 Contracting Officer G.3 52.202-S0061 Contracting Officer's Technical Representative (COTR) (Apr 1988) G.4 52.202-S0062 Authorities G.5 52.213-S0066 Invoices G.6 52.215-S0002 Authorized Negotiators (Apr 1984) G.7 52.215-S0063 Key Personnel G.8 SI-0064 Incorporation of Contractor's Proposal Section H - Special Contract Requirements H.1 52.202-S0010 Use of Smithsonian Name (Jun 2000) H.2 52.203-S0004 Advertising of Award Smithsonian Institution H.3 52.215-S0009 Information, Services and Rights of the Smithsonian (Apr 1988) H.4 52.223-S0070 Dissemination of Information Section I - Contract Clauses I.1 52.203-3 Gratuities. (APR 1984) I.2 52.203-5 Covenant Against Contingent Fees. (APR 1984) I.3 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) I.4 52.203-7 Anti-Kickback Procedures. (JUL 1995) I.5 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997) .. 28 I.6 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997) I.7 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (SEP 2007) I.8 52.203-13 Contractor Code of Business Ethics and Conduct. (DEC 2008) I.9 52.204-4 Printed or Copied Double-Sided on Recycled Paper. (AUG 2000) I.10 52.204-7 Central Contractor Registration. (APR 2008) I.11 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (SEP 2006) I.12 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) I.13 52.219-28 Post-Award Small Business Program Rerepresentation. (APR 2009) I.14 52.222-1 Notice to the Government of Labor Disputes. (FEB 1997) I.15 52.222-3 Convict Labor. (JUN 2003) I.16 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (JUL 2005) I.17 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees. (DEC 2004) I.18 52.222-41 Service Contract Act of 1965. (NOV 2007) I.19 52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 1989) I.20 52.222-50 Combating Trafficking in Persons. (FEB 2009) I.21 52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) - Alternate I (JUL

1995) I.22 52.223-12 Refrigeration Equipment and Air Conditioners. (MAY 1995) I.23 52.223-14 Toxic Chemical Release Reporting. (AUG 2003) I.24 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) I.25 52.228-2 Additional Bond Security. (OCT 1997) I.26 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) I.27 52.228-11 Pledges of Assets. (SEP 2009) I.28 52.229-3 Federal, State, and Local Taxes. (APR 2003) I.29 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments). (APR 2003) I.30 52.232-11 Extras. (APR 1984) I.31 52.232-23 Assignment of Claims. (JAN 1986)

I.32 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003) I.33 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) I.34 52.242-13 Bankruptcy. (JUL 1995) I.35 52.244-6 Subcontracts for Commercial Items. (AUG 2009) I.36 52.246-20 Warranty of Services. (MAY 2001) I.37 52.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984) I.38 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984) I.39 52.252-2 Clauses Incorporated by Reference. (FEB 1998) I.40 52.253-1 Computer Generated Forms. (JAN 1991) I.41 52.202-S0003 Definitions (Apr 1988) I.42 52.215-S0001 Order of Precedence I.44 52.232-S0005 Interest on Payments I.45 52.232-S0053 Examination of Records by Smithsonian Institution (Oct 1987) I.46 52.233-S0006 Disputes I.47 52.243-S0044 Equitable Adjustments (Jun 2000) I.48 52.243-S0045 Pricing of Adjustments (Jun 2000) I.49 52.249-S0050 Termination for Convenience of the Smithsonian Institution (Jun 2000) I.50 52.252-S0011 Notice of Deviation in Clauses (Jun 2000) Section J - List of Documents, Exhibits and Other Attachments Section K - Representations, Certifications, and Other Statements of Bidders K.1 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

(SEP 2007)

K.2 52.204-5 Women-Owned Business (Other Than Small Business). (MAY 1999) K.3 52.209-5 Certification Regarding Responsibility Matters. (DEC 2008) K.4 52.219-1 Small Business Program Representations. (MAY 2004) K.5 52.223-13 Certification of Toxic Chemical Release Reporting. (AUG 2003) Section L - Instructions, Conditions, and Notices to Bidders L.1 52.204-6 Data Universal Numbering System (DUNS) Number. (APR 2008) L.2 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation. (FEB 1999) Section M - Evaluation Factors for Award

Section A - Solicitation/Contract Form

See Page 1.

Section B - Supplies or Services/Prices

B.1 Type of Contract/Service

The Smithsonian Institution (“SI”), through their Office of Facilities Engineering and Operations (“OFEO”), has a requirement for Construction Services related to annual, ongoing Vertical Transportation Maintenance and Repair of passenger and freight elevators, escalators, dumbwaiters, side-walk lifts, special lifts, material lifts, wheel chair lifts, loading dock lifts and levelers at the SI facilities within the Washington, D.C. Metropolitan area; Maryland;

Virginia; New York City; Hawaii; and Arizona. To this end, pursuant to Federal Acquisitions Regulation (“FAR”)

Subpart 16.2, the SI hereby intends to award one (1) FIRM-FIXED PRICE (“FFP”) and INDEFINITE DELIVERY

INDEFINITE QUANTITY (“IDIQ”) performance-based Contract to the Offeror (henceforth referred to as

“Contractor”) best able to develop and implement those enumerated Services and Deliverables referenced in Section

C of the present Request for Proposal (“RFP”), as well as any relevant attachments hereto (individually and collectively referred to herein as “Services”).

B.2 Supplies/Services – Prices/Costs

B.2.1 The Contractor shall perform all efforts under the BASE OPTION [YEAR 1 W/ 1-TIME NON-RECURRING

CHARGE] of the resultant Contract for the firm-fixed price below:

Express in Words and Figures

B.2.2 A summary breakdown of the proposed pricing for all additional OPTION YEARS, as amortized across a proposed ten (10) year period from the date of Contract award---including a listing of proposed Labor Rates for designated IDIQ work, as governed by all relevant Davis Bacon Wage Rates---is follows:

See and complete ATTACHMENT J.4, “SI VERTICAL TRANSPORTATION MAINTENANCE SERVICES PRICING SHEET”.

B.3 Option Year(s)

The SI hereby reserves the right to renew the resultant Contract with the selected Contractor for nine (9) additional one (1) year periods. After a Base Period of one (1) year, the Period of Performance and Terms and Conditions of the resultant Contract shall be automatically renewed for successive one (1) year terms, for up to nine (9) successive one (1) year terms, unless either party provides in writing to the other party, a request to change the Terms and

Conditions of the Contract within thirty (30) calendar days prior to the current Contract expiration date. To this end, in no event shall the Base Contract term plus subsequent one (1) year terms extend beyond a period of ten (10) years.

B.4 Exercise of Option(s)

In accordance with FAR 17.206(b), except when it is determined not to be in the Government’s best interests, the

Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award. SI therefore reserves the sole option to exercise the Options contained herein, subject to the following conditions:

1) Acceptance and approval by the Smithsonian’s Contracting Officer’s Technical

Representative (“COTR”) of the Contractor’s performance on contracted components;

2) Smithsonian’s continued requirement for these services;

3) The availability of funding from which payment for contract purposes can be made; and,

4) Increases in rates listed in Section B.2.1 above, will be based upon the most recent CPI Index, All Urban

Consumers / Washington, D.C. / NYC / All Items, for the past twelve (12) months based on the anniversary date of the award. In the event the Smithsonian exercises its right to extend the Period of Performance under the resultant

Contract, all other Terms and Conditions hereunder shall remain unchanged.

B.5 Project Schedule

It shall be the responsibility of the selected Contractor to immediately notify the SI if the target dates for the proposed work described herein adversely affect the Contractor’s Critical Path Schedule for the final completion date of this project (365 calendar days for the Base Bid from the date of the Notice to Proceed). Contractors may propose an alternate schedule that illustrates the completion of the project in advance of the completion date.

B.6 Disposition of Offers

All information submitted in response to this RFP shall become the property of the SI and will not be returned (this includes late submissions).

Section C - Description/Specifications

C.1 General Description of Services

Under the Terms and Conditions of the resultant Contract, the selected Contractor, shall be responsible for the total management and total work effort for all FFP and IDIQ work thereunder including the provision of all personnel, labor, materials, equipment, tools, spare parts, inventory and all other services required to perform all aspects of maintenance, operation and repairs including, but not limited to, component replacement, vandalism and abuse, correction of deficiencies, fabrication, alterations, construction, inspection, testing, routine and emergency callback services, data collecting and reporting for the passenger and freight elevators, escalators, dumbwaiters, side-walk lifts, special lifts, material lifts, wheel chair lifts, loading dock lifts and levelers at the SI facilities within the

Metropolitan Washington DC area, Maryland, Virginia, New York City, Hawaii and Arizona within the terms of the

Contract. The inventory may vary occasionally and notice will be provided accordingly.

The FFP Performance-Based Contract portion shall be a fixed-price sum that includes those duties necessary to perform all types of maintenance, operations, repairs, callbacks, materials, testing, fabrication, component replacement, correction of deficiencies, construction, modifications, upgrades, labor and data reporting under the

Base Contract; General Requirements Section C.4; Firm Fixed Repair Portion Section C.2 up to the Firm Fixed Price

Threshold (“FFPT”) Section C.2.11 and in all other Sections unless specified as IDIQ in Section C.3.

The IDIQ Performance-Based Contract portion shall be a “time-and-materials” sum that includes those duties necessary to perform all types of repairs, requests, special event coverage, overtime charges, labor, construction, modifications and upgrades that the SI requests or requires that may be outside of the scope of the FFP portion of the

Base Contract. To this end, it shall also include any sums that may exceed the FFPT under the Base Contract.

Hereunder, after award, the SI intends that the Contractor provide on-site personnel to perform all aspects of maintenance, operation and repairs---including but not limited to component replacement; vandalism and abuse;

correction of deficiencies; fabrication; alterations; construction; inspection; testing; routine and emergency callback services for the passenger and freight elevators, escalators, dumbwaiters, special lifts, material lifts, wheel chair lifts, loading dock lifts and levelers, due to the high volume of public visitation and inventory---during the normal

Staff and Museum hours at least Monday thru Friday. The Contractor shall therefore submit a “Staffing Plan” with their Technical Proposal, addressing the staff for all the SI sites included in this Contract. Finally, the SI also intends that the selected Contractor provide twenty-four (24) hour callback service, seven (7) days a week for the passenger and freight elevators, escalators, dumbwaiters, side-walk lifts, special lifts, material lifts, wheel chair lifts, loading dock lifts and levelers at the SI facilities within the Metropolitan Washington, D.C. area, Maryland, Virginia, New York City, Hawaii and Arizona within the terms of the finalized Contract as the SI deems appropriate.

It is the intent of the SI for the Contractor to provide preventive maintenance services, repairs and coverage to maximize equipment up-time during the hours that the Museums are open to the public, staff, and special events and to respond to callbacks to correct and repair deficiencies as expeditiously as possible to minimize interruptions and return the equipment to service for normal SI business and operations.

C.2 FIRM FIXED PRICE REPAIR PORTION

C.2.1 The selected Contractor shall plan and execute, as part of the FFP portion of the Contract Section C.2, General Requirements Section C.4, and all other Sections unless otherwise specified, a maintenance and repair program that keeps equipment down time and deterioration to an absolute minimum, and at no time exceeds required start, response and completion times. The intent of the FFP maintenance portion is therefore to provide routine maintenance and repair services that permit the early detection and correction of items that, if deficient or defective, would:

- Interfere with the normal effective life and operation;

- Endanger life and/or property;

- Involve high cost or long lead time for repair

This program shall include, but not be limited to preventive, predictive and reliability centered maintenance, repairs, callbacks, clean downs, testing, inspections, surveys, support for third party inspection, support for equipment shutdowns due to building system testing, and certifications of all equipment specified in the attached equipment inventory. All work shall be performed in accordance with commercial practices, Original Equipment

Manufacturer’s Specifications (“OEM”), and all other standards specified within the resultant Contract to maintain and repair the conveyance equipment in a safe and reliable operating condition. In addition, the Contractor shall track, maintain, schedule and report all required equipment inventory and performance metric information and data.

The Contractor shall provide details regarding their maintenance program in their Technical Proposal for review during the contractor selection process that shall be labeled “Maintenance Plan”. The Maintenance Plan should include records of maintenance, frequency intervals for maintenance, inspection, checks, tests, adjustments, lubrication, cleaning, painting, replacements of parts and components, etc. to keep the inventory equipment running at satisfactory condition within the terms of the Contract. The OEM recommendations shall be used along with all of the most current applicable codes and guidelines to create the referenced maintenance program. These Codes and guidelines shall include, but not be limited to, ASME A17.1 Section 8.6 and Building Transportation Standards and

Guidelines National Elevator Industry, Inc. (NEII) Part 7. The Contractor shall supplement these codes and standards as they feel the need to meet the requirements within the finalized Contract.

C.2.2 MAINTENANCE / The Contractor shall perform all preventive, predictive and reliability centered maintenance work on the equipment listed in the inventory within the finalized contract under the FFP portion. The maintenance work and services defined under the resultant Contract shall include, but not be limited to, the duties to perform the maintenance, operation, repairs, modernizations, upgrades, cleaning, painting, lubrication, adjustments, inspection, visual checks and inspections of the equipment inventory systems within the Contract. The Contractor shall perform the necessary work to ensure that each system complies with OEM Specifications, most current required standards of safety and reliability to meet satisfactory operating conditions. The Contractor shall follow a Maintenance Plan that addresses all aspects of maintenance work to be performed and frequency of performance. The Contractor shall correct all deficiencies identified while performing maintenance as part of the firm-fixed price, and report all such deficiencies and corrective actions to the COTR of record for the award in accordance with the contract reporting requirements.

C.2.3 RELIABILITY CENTERED MAINTENANCE / The Contractor shall utilize Reliability Centered Maintenance

(“RCM”) principles and techniques in their maintenance program under FFP portion of the finalized Contract. RCM is a mixture of Predictive Maintenance (“PdM”), Predictive Testing and Inspection (“PdT&I”) and Proactive

Maintenance Measures (“PMM”). These maintenance measures draw upon their respective strengths to maximize facility and equipment operability and efficiency while optimizing required maintenance time, materials, and costs.

Root cause failure analysis is considered an essential proactive maintenance element of RCM. An RCM strategy often includes performing a statistical analysis of historical data related to failures to determine the optimal investment of maintenance resources and risk assessment methods to identify those processes or systems that statistically exhibit the greatest chance of catastrophic failure. Once these systems are identified, maintenance programs are tailored to monitor conditions to prevent such failures

C.2.4 REPAIR / The Contractor shall perform repair work on the equipment listed in the inventory within the resultant Contract under the FFP portion. The repair work and services to be set out under the finalized Contract and include, but are not limited to correction of deficiencies, fabrication, materials, construction, modifications, upgrades, replacements, refurbishment of existing components and subcomponents, materials and parts of systems that operate as originally designed by the original equipment manufacturer, replacement of components, materials and parts of systems that are beyond their useful expected life, damaged beyond repair or obsolete, vandalism and abuse, upgrades to existing components, parts and systems to accommodate functionality lost due to the failure of the components or materials which are no longer available or manufactured, etc. while performing maintenance.

Contractor or Smithsonian identified repairs shall be started within the same day or no later than the next business day from receipt or discovery, worked on continuously and completed within five (5) days.

All repairs that can be made with inventoried or locally available parts, materials, components, software, systems, fabrication, etc. shall be completed the same day. All other parts, materials, components, software, systems, fabrication, etc. that cannot be inventoried or acquired locally should be ordered for overnight delivery and repairs made immediately upon the arrival unless otherwise approved and directed by the COTR.

C.2.5 CALLBACKS / The Contractor shall provide “Callback” services on the equipment listed in the inventory within the finalized Contract under the FFP portion. The callback work, services, reports and logs shall be defined in the resultant Contract and include, but are not limited to: request for repairs, inspections, adjustments, and entrapment calls for equipment as defined under the Terms and Conditions of the award.

C.2.6 CLEAN DOWNS / Annual and emergency service elevator and escalator clean downs, adjustments and maintenance shall be scheduled in conjunction with the COTR and performed per ASME 17.1.8.6 under the FFP portion.

C.2.7 REPORTS, SCHEDULING, LOGS / The Contractor shall submit all required reports, schedules, logs, records, and metrics identified within the resultant Contract under the FFP portion. Specific reports shall include---but are not limited to---data identified for performance metrics, progress, scheduling, callbacks, inspections, testing, etc. and shall be provided to the COTR at the end of each period as specified within this contract.

C.2.8 WEATHER, ACTS OF GOD, VANDALISM AND ABUSE / The Contractor shall provide those necessary repairs required by, but not limited to, the facilities and inventory equipment damaged by inclement weather conditions, acts of God, power outages, flooding and/or acts of vandalism and abuse under the FFP portion of the finalized

Contract.

C.2.9 WIRING DIAGRAMS AND SCHEMATICS / The Contractor shall provide and maintain the provided set of standard size, legible, schematic wiring diagrams located in each machine room as part of the FFP portion of the resultant Contract. These diagrams are to be applicable to the particular type of equipment being maintained. All diagrams supplied shall become and remain SI property. The Contractor shall notify the COTR of inventory equipment that does not have an associated schematic diagram and make every attempt to supply one.

C.2.10 MISCELLANEOUS / The Contractor shall provide miscellaneous work as part of the FFP portion of the resultant Contract to include, but not be limited to, removal of objects from pits; painting of equipment and floors;

occasional scheduled and unscheduled inspections; temporary reprogramming of equipment to control access to areas, provide access and/or surveys and checks to verify any undetermined problems that may arise; etc.

C.2.11 FFP THRESHOLD LIMITATION FOR REPAIRS (FFPT) / The Contractor shall include within the FFP portion of the Contract their costs with regard to the Contract requirements necessary to perform the work as set out under the previous clauses of Section C.2 above for, but not limited to, all repairs, maintenance, modifications, upgrades, fabrications, refurbishments, replacements, construction, materials, components, parts, systems, callbacks, testing, etc. up to the Firm Fixed Price Threshold (“FFPT”) of $5,000.00, per incident, per repair, per piece of equipment inventory. These costs shall be inclusive of all Direct Costs and Indirect Costs for Labor, Materials, Transportation /

Delivery, Tools, and Equipment. The Contractor shall also be responsible for the replacement of all parts that are considered obsolete by the original equipment manufacturer, vandalized or abused, weather, flood, power outage, earthquake or an act of God up to the FFPT. In those cases where Total Cost is less than the FFPT limitation, the

Contractor shall cover the Total Cost. In those cases where the Total Cost exceeds the FFPT limitations, the

Contractor shall assume all costs associated with the work up to the FFPT limitation and the SI shall pay for the work in excess of $5,000.00 per incident, per repair, per piece of equipment inventory. Repairs shall be pursued by the Contractor until resolved. If the repair will exceed the FFPT limitation, the Contractor shall contact the COTR immediately to provide support and back up documentation in writing. A separate Work Order (“WO”) shall be provided to the Contractor to cover costs in excess of the FFPT. All costs associated with the repair shall be substantiated by the Contractor with support documentation to include, but not limited to, payroll records, material invoices and any other documents that support the claimed total and excess costs.

C.3 INDEFINITE DELIVERY INDEFINITE QUANTITY PORTION

C.3.1 GENERAL INTENT / The SI intends to accomplish work under this section of the finalized Contract by minimizing the SI’s development of Plans and Specifications and instead maximizing the use of the Contractor’s expertise. The Contractor shall thereby include Sketches, Drawings, Specifications, Statements of Work and

Support documentation in the Scope of Work provided to the COTR to clarify the designated Work Requirements.

The SI also intends to accomplish any and all “Special Requests” that are not directly covered under the FFP portion of the Contract. The SI also intends to cover the cost for Repairs, Maintenance, Modifications, Upgrades, Fabrications, Refurbishments, Replacements, Construction, Materials, Components, Parts, Systems, Callbacks, Testing, Overtime Charges, Clean Downs, Requests, etc. that exceed the FFPT as defined in Section C.2.11.

C.3.2 SPECIAL EVENTS / The SI intends to cover any costs associated with “standby Special Event support” not associated with the FFP portion or direct reimbursement under the IDIQ portion. This support shall also include, but not be limited to, Contractor holidays such as July 4th standby coverage and events; after normal working hour coverage such as Inaugural events or other after hour standby support and events; etc. Special Event Support is hereby defined in Section C.4.16.

C.3.3 UPGRADES AND MODERNIZATIONS / The SI intends to rely on the expertise of the Contractor to determine, provide recommended vertical conveyance equipment improvements, SOWs, construction, minor and major repairs that are deemed outside the scope of the FFP portion of the resultant award. The Smithsonian may also request such information and proposals from the Contractor. The Smithsonian makes no guarantee of award regarding these requests and recommendations. Submission of proposed projects to the COTR shall in no way obligate the SI to pursue the work, or to use a specific Contractor if the work is in fact implemented.

C.3.4 WORK ORDERS / Work under this Section and/or specific projects shall be ordered by an individual WO.

Award of a WO may be on a “time and material” or “fixed price” basis. Whenever the SI has work to be performed under this section, the Contracting Officer (“CO”) or COTR of record for the resultant Contract shall notify the

Contractor and request a proposal (RFP) to provide a SOW, which shall include:

(a) the nature, details and cost of the work to be performed;

(b) the location of the jobsite; and,

(c) mandatory date of completion, unless it is subject to negotiation.

C.3.5 PROPOSALS / The Contractor shall prepare all proposals for IDIQ work utilizing the negotiated and accepted approved unit labor rates set out under the finalized Contract. Proposals shall provide sufficient breakdowns to review labor, materials, equipment, mark-ups, back-up and support documentation to compare to the negotiated rates within the finalized award. These rates shall be applied to work required that is not covered in the FFP portion of the Contract. Projects under this section shall be negotiated with regards to labor, materials and equipment required to accomplish specific tasks. Any cost associated with acquiring the proposals shall be covered under the

FFP portion of the contract.

C.3.6 ACCEPTANCE / NOTICE TO PROCEED / PAYMENT / If the SI agrees to the SOW and Proposal, a notice to proceed (“NTP”) will be issued. The SI may modify the Contract or issue a separate NTP WO under the IDIQ provisions. In the event of an emergency, urgent or compelling circumstances or when the SI’s interests demand that the Contractor be given a commitment to order material or so that work can start immediately, a separate WO shall be provided to the Contractor for invoicing. All costs associated with the repair shall be substantiated by the

Contractor with support documentation to include but not limited to payroll records, material Invoices and any other documents that support the claimed excess costs.

C.3.7 SUPPLEMENTARY CONDITIONS FOR CONSTRUCTION / The SI intends to accomplish construction work under the IDIQ portion of the resultant Contract. The Contractor shall be subject to the supplementary conditions for construction found in Attachment J.3. The sections of the document shall be modified accordingly per individual project and/or facility.

C.4 General Requirements

C.4.1 MANAGEMENT / The SI intends that the Contractor shall provide one or more on-site Project Manager(s)

(“PM”) with the necessary expertise---including at least five (5) years of field experience---to supervise and manage the total management and total work effort for all FFP and IDIQ work set out under the finalized Contract, for all performance requirements associated with, but not limited to, all personnel; labor; materials; equipment; tools; spare parts; inventory; routine and emergency callback services; and all other services required to perform maintenance, operation and repairs, including, but not limited to, component replacement, vandalism and abuse, correction of deficiencies, fabrication, alterations, modification, upgrade, construction, inspection, testing planning, scheduling, accounting, quality assurance, reporting and data collecting specified throughout the life of the resultant Contract.

The Contractor and the PM are expected to provide and implement industry best practices, RCM, PdM and continuously improve methods and innovative technical approaches for the duration of the Contract. The PM shall be required to work directly and provide maximum coordination with the SI thru the COTR.

C.4.2 EMPLOYEE QUALIFICATIONS AND TRAINING / The Contractor shall provide all personnel to include technicians and apprentices with the required qualifications, expertise, training and certifications to effectively perform all requirements for the equipment inventory of the Contract. This includes, but shall not be limited to, maintenance; operation; callbacks and repairs including, but not limited to, component replacement; vandalism and abuse; correction of deficiencies; fabrication; alterations; modifications; upgrades; construction; and, inspection and testing specified throughout the Contract.

C.4.3 MEETINGS / The Contractor shall have weekly, monthly and yearly meetings with the COTR to include---but not be limited to---scheduling, personnel matters, vacations, progress and/or status of FFP and IDIQ related maintenance and repairs, construction, special events, equipment outages, part availability, invoices, callbacks, reporting and all SI or Contractor concerns. The Contractor shall provide the agenda and minutes of the meetings to include all parties present at the meeting. The Contractor shall obtain COTR approval of the proposed agenda format prior to use.

C.4.4 COMPLIANCE OF WORK / The Contractor shall comply with the most current editions of all applicable codes, directives, laws, procedures, practices, standards, regulations and handbooks including, but not limited to; The

American Society of Mechanical Engineers (“ASME”) A17 series, ASME 18.1, American National Standards

Institute (“ANSI”) Codes, National Fire Protection Association (“NFPA”) Codes, American National Standards

Institute Inc. (“NEII”), The National Electrical Code (“NEC”), International Building Code (“IBC”), International

Existing Building Code (“IEBC”), and the Occupational Safety and Health Act (“OSHA”) Standards. The

Contractor shall also comply with all Federal, State, City, Local and SI policies, procedures and directives applicable to the work performed under the Terms and Conditions of the resultant Contract.

C.4.5 LICENSING / The Contractor shall be licensed by the appropriate State, City or Local Jurisdiction to provide the maintenance and repair services specified within the resultant Contract. All work within the finalized Contract shall be performed by certified elevator and escalator mechanics specifically qualified and trained to work on conveyance equipment of the type listed in the inventory of equipment. Copies of all of the required licenses, as well as documentation of the qualifications and credentials for all personnel performing work on the finalized award, shall be provided to the COTR prior to award of the Contract, and anytime thereafter that there may be a change or addition in personnel.

C.4.6 MATERIALS / The Contractor shall provide new OEM or factory reconditioned parts and components when providing FFP and IDIQ services when available as described herein. All replacement units, parts, components and materials to be used in the maintenance, repair, modification, alteration and upgrade of the equipment shall be compatible with the existing equipment. All replacement units, parts, components and materials to be used in the maintenance, repair, modification, alteration and upgrade of the equipment shall be of equal or better quality than original equipment specifications and shall comply with applicable Government, commercial or industrial standards.

If the OEM has been discontinued, updated, stopped production or discontinued the quantity of materials or parts for the equipment supplied under the finalized Contract, the replacement parts or materials shall equal or exceed the

OEM quality and kind. Non-proprietary parts and equipment shall be utilized and should be approved by the COTR prior to installation. The equipment shall be free of missing components or defects, which would prevent it from functioning as originally intended and/or designed. The Contractor is required to provide submittals and the proper documentation to support the replaced components, materials and parts.

When constructing new conveying systems, the Contractor shall follow the guidelines in the latest version of the SI

Design Standards Divisions 14 – Conveying Systems, as approved by the COTR of record for the finalized award.

C.4.7 WARRANTIES / At the time of installation of any new components or materials, the Contractor shall submit and furnish to the COTR the written warranty for each piece of equipment, component, part, material furnished under the finalized award. With each warranty the Contractor shall furnish the COTR the name, address, and telephone number of the guarantor's representative nearest to the location who will provide the services prescribed by the terms of the warranty. It shall be the Contractor's responsibility to execute all warranties on both the equipment provided by the Contractor, and upon SI furnished equipment under warranty at the time the resultant

Contract begins. At the time of installation of any new components, the Contractor shall tag each item of warranted equipment with a durable, oil and water-resistant tag. The tag shall remain on the component until which time the duration of the warranty has expired. The tag shall show the following information:

a. Type of Equipment, Component or Part Replaced.

b. Installed or Accepted Date.

c. Out of Warranty or Warranty thru Date.

d. Contract Number.

e. Name of Installation Company.

f. Name of Person(s) Who Installed Component(s).

All equipment, components, materials and parts, other than those installed under this contract, shall not be removed or replaced or deficiencies corrected while still under warranty of the manufacturer or the previous installer without prior written approval of the COTR. All defects in material or workmanship, defective parts, or improper installation and adjustments found by the Contractor shall be reported to the COTR as soon as possible, so that necessary action may be taken. The Contractor shall be knowledgeable of the equipment, parts, and components that are covered by warranty and the duration of such warranties.

C.4.8 CONTRACTOR FURNISHED EQUIPMENT / SPARE PARTS / TOOLS / The Contractor shall provide all necessary tools, resources and equipment to accomplish the requirements specified in this contract. This includes, but is not limited to, Automated Data Processing (“ADP”) equipment, computers, laptops, printers, facsimile machines, radios, cell phones, vehicles, test equipment, weights and other specialized tools or equipment needed to maintain, repair, test or operate the equipment listed in the inventory and terms of the finalized Contract. The Contractor shall ensure equipment is clearly identified as Contractor owned and stored properly to comply with all applicable codes, policies, SI Directives, laws, procedures, practices, standards and regulations. The Contractor shall have available on site and for immediate delivery, a sufficient supply of spare parts for the repair of the equipment listed in the inventory and terms of the resultant Contract.

C.4.9 SMITHSONIAN INSTITUTION FURNISHED FACILITIES/ TOOLS / EQUIPMENT AND INVENTORY /

The SI intends to provide a space in its Natural Museum of Natural History (“NMNH”) for the Project Manager and employees to perform and maintain the duties of the contract. The SI shall supply electrical outlets, telephone and data lines for ADP equipment. Additionally, a limited amount of storage space may be available at most SI locations where VTE will be maintained. The SI will provide, or make available to the Contractor, any tools, drawings, diagrams and equipment that is Owner owned to maintain, operate or repair the equipment within the

Contract. The Contractor shall maintain the integrity and assume accountability of the said items for the duration of the Contract and bring any deficiencies to the attention of the COTR as soon as practical from the time of finding, but no later than twenty-four (24) hours.

C.4.10 JOINT INVENTORY / The Contractor and the COTR shall conduct an initial joint inventory of all furnished SI equipment, tools, drawings, diagrams, facilities and materials. The Contractor shall certify the findings of this inventory, and assume accounting responsibility for all equipment tools, facilities and materials accepted for use.

The Contractor shall conduct annual inventories thereafter in accordance with FAR 45.508, submitting the annual inventories to the COTR electronically within fifteen (15) days after the start of each Option Year. This will include any spare, on-site parts for conveyance equipment that may be the property of SI. The Contractor shall provide the

COTR a spreadsheet listing the inventoried items in stock.

C.4.11 SAFETY / ACCIDENTS / PPE / FIRE PROTECTION / COMBUSTIBLE MATERIALS / SDS, SIGNS / BARRICADES /

The Contractor shall comply and provide training for their employees on the most current editions of all applicable

Safety Codes and Manuals related to Federal, State, Local, Environmental and Smithsonian Institution enforced practices, procedures, directives, laws, regulations and standards including but not limited to the Occupational

Safety and Health Act (“OSHA”). The Contractor shall report all accidents including but not limited to injury, trauma, occupational disease, exposure, accidents resulting in death, accidents defined by OSHA as “recordable”, accidents including Hazardous Material (“HAZMAT”) and all incidents resulting in damage to SI property. The

Contractor shall initially inform the COTR verbally as soon as practical and submit a full report of the injury and/or damage to personnel, SI property and/or equipment within twenty-four (24) hours of the occurrence.

The Contractor shall provide all Personal Protective Equipment (“PPE”) and training for its employees and use them as required by such policies, laws, directives, practices and regulations. The Contractor shall provide all Lock

Out/Tag Out (“LOTO”) equipment and training for its employees and use them as required by such policies, laws, directives, practices and regulations. The Contractor and its employees shall know where fire alarms and extinguishers are located in the areas occupied by them and be trained how to activate them if required.

The Contractor shall notify the COTR about any flammable, corrosive or combustible materials prior to bringing them on any SI Building/Facility. The Contractor shall handle and store all combustible supplies, materials and waste in a manner that prevents fire or hazards to any persons or facilities. The Contractor shall follow the most current policies, laws, directives, practices and regulations pertaining to storage and waste. The Contractor will provide all containers as per the most current and applicable codes to include Fire Rated cabinets, rag cans, waste cans, etc.

The Contractor shall provide a copies of the Safety Data Sheet (“SDS”) for all products used in any SI

Building/Facility to the COTR and place them in any area that the Contractor maintains and update them accordingly anytime thereafter that there is a change in product or condition. The Contractor shall provide signage on all conveyance equipment in the event that it is out of service for any reason, declaring the piece of equipment is

“Out of Service”. Signage shall be placed at all equipment access points. The Contractor shall provide safety barricades to; prevent usage when necessary, prevent unauthorized personnel access to the work areas, to create a

“buffer zone” and to prevent any hazardous situation. The Contractor shall provide a safe, secure, stable, fire rated, and aesthetically pleasing barrier. The Contractor shall obtain COTR approval of proposed signage and barricades prior to use.

C.4.12 EMPLOYEE / IDENTIFICATION / BACKGROUND CHECKS / CITIZENSHIP / UNIFORMS / CONDUCT / EATING /

DRINKING / SMOKING / ILLEGAL SUBSTANCE AND ALCOHOL USE / The Contractor shall submit the name, date of birth, full address, Social Security Number, place of birth and citizenship of any employee that is employed to work under the finalized Contract, to be submitted for a completed SI security questionnaire, background investigation and/or any other forms that may be required when requested by the COTR. The Contractor’s employees and subcontractors shall furnish proof that they are a citizen of the United States or, if an alien, that their residence within the United States is legal.

The Contractor shall display the furnished SI Contractor ID badge while working or present on all SI properties.

When an employee, subcontractor or anyone employed on the work of this contract leaves the Contractor’s service, the employee’s ID badge shall be returned to the COTR within ten (10) working days. Upon expiration of the

Contract, the Contractor shall return all employees ID badges to the COTR within ten (10) working days. The

Contractor shall be easily identifiable with their employer. The Contractor’s uniform shall have on an outer garment an identifying emblem or words of sufficient size to properly identify the name of the Contractor and the employee.

Clothing shall be neat, clean, and suited to the work or situation.

The Contractor employees shall conduct themselves in a proper, efficient, courteous and businesslike manner. The

Contractor shall remove from the site any individual(s) whose removal is requested by the COTR of record for the fully executed Contract based on the employee(s) behavior that is deemed inconsistent with the best interest of SI.

The Contractor shall only eat, drink and smoke in assigned and approved areas designated by the SI. Smoking is not permitted in any SI Building/Facility at any hour and under any circumstances. Failure to comply is grounds for the

Contractor employee(s) to be removed from the premises. Under no circumstances should the Contractor use or have in their possession any illegal substance or alcohol while on any SI Building or Facility. Failure to comply will be immediate grounds for the Contractor’s employee(s) to be removed from the premises.

C.4.13 DRILLING / WELDING / CUTTING AND FABRICATING / The Contractor shall schedule and notify the COTR to acquire all applicable SI required permits prior to performing work, unless otherwise noted by the COTR. The

Contractor will assure all required permits are posted in the proper manner for the duration of the work being performed, as directed by the COTR. A daily permit must be acquired prior to performing work on the following day if the work is not completed as scheduled. The Contractor shall notify the COTR when the work is complete and the permit is no longer required

C.4.14 SITE PROTECTION / DEBRIS CONTROL AND DAILY CLEANUP / The Contractor shall take all precautions to protect the SI Buildings and Facilities from damage and destruction from, but not limited to fire, smoke, water and electrical. The Contractor shall not be allowed to spread unnecessarily any accumulated debris, excess material, and parts into adjacent areas during the completion of work. The Contractor shall remove and dispose of debris and dirt as it accumulates in the work area itself. The Contractor shall store any debris and rags in designated receptacles as approved by the COTR of record for the finalized award. All such debris, excess material, and parts shall be cleaned up and removed at the completion of the job and/or at the end of each day that work is in progress and leave the premises clean upon completion of work. The Contractor shall remove and expose of all debris, dirt, materials, etc.

at the Contractors expense unless otherwise directed by the COTR.

C.4.15 SUB-CONTRACTORS / The Contractor is responsible for the total management, work effort and performance of all Sub Contractors. The Contractor assumes all liability for the Sub Contractor. The Contractor shall provide the names of all Sub Contractors to be used under the resultant Contract. All Sub Contractors shall abide by the same

Terms and Conditions as the finalized award to include, but not limited to, background investigations, ID’s, conduct, appearance, uniforms, safety compliance, code compliance, qualifications, training, licensing, etc.

C.4.16 MUSEUM HOURS / WORK DAYS / GOVERNMENT HOLIDAYS / SPECIAL EVENTS AND WORK HOURS /

Museums are open to the public seven days a week from 10:00 AM to 5:30 PM, excluding Christmas Day. Museum hours will vary seasonally with extended summer hours that occasionally keep the Museums open later during the evening.

Museum and Administration staff office hours are generally from 6:00 AM to 6:00 PM, Monday through Friday, except holidays; these are the “regular working hours”. Holidays for SI employees include New Year’s Day, Martin

Luther King Day,…