BLC Sol 33330224RT0010048 Final.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

SMITHSONIAN INSTITUTION

MRC 1200

PO Box 37012 Washington DC 20013-7012

OCON

Office of Contracting and Personal Property

MRC 1200, PO Box 37012 Washington, DC 20013-7012

Virginia Chan 202-633-7253

2206101 x 01/22/2024

33330224RT0010048

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

The Smithsonian Institution is soliciting for a Construction Management at Risk

Contract (CMc) for the construction of the Bezos Learning Center (BLC) at the

Smithsonian National Air and Space Museum (NASM), located in Washington, DC. The proposed contract listed here is UNRESTRICTED. All responsible sources are encouraged to submit a proposal, which will be considered by the Smithsonian. The new Bezos Learning Center (BLC) will be a pan-Institutional resource that will be overseen by the NASM Director and the Associate Director for Education and Visitor

Experience. A primary focus of its programs shall reach underserved communities in

Washington, DC and across the nation, both at the site of the new facility and virtually through remote capabilities, as the Center will employ the latest technological resources and developments available. Other ancillary programming will take place within and surrounding the facility, such as a 600- to 700-seat quick-service (fast casual) restaurant accessible from the Museum's main level as well as an Astronomy Park and Observatory on the East Terrace. The permanent installation of the currently temporary Phoebe Waterman Haas Public Observatory shall be addressed as an integral part of the overall BLC project efforts.

This RFP consists of the following:

This Standard Form 1442;

Continued ...

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

10 1096 calendar days and complete it within ________________ ________________ calendar days after receiving

Specs dated 10/31/2023

03/04/2024

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

OCON

MRC 1200

PO Box 37012 Washington DC 20013-7012

OCON

Thomas Dempsey

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

33330224RT0010048

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Sections A-M, p. 1-194;

All Contract Documents (as defined in Section B below), including, without limitation, the Specifications Division 1 attached hereto as Appendix 1;

Concept Package attached hereto as Appendix 2;

All other documents and attachments listed in Section J of this RFP below.

The Smithsonian anticipates awarding a contract for pre-construction services by August 2024 and commencing of site preparation activity in early 2025. The Smithsonian expects contractor turnover of the building for the installation of exhibits starting in mid-2027 and the new BLC will open to the public in late 2027 to coincide with NASM

50th Anniversary.

The selected CMc shall provide Pre-construction Phase Services and Construction Phase Services through a guaranteed maximum price (GMP) agreement. Total period of performance including Pre-construction and Construction is estimated to be from notice to proceed in September 2024 to substantial completion in May 2027. The estimated construction cost is between $72,000,000 and

$76,000,000. Critical elements of the work include, but are not limited to; pre-construction services, site work, utility work, excavation, foundations, dewatering, concrete and steel super-structure, landscape and hardscape, high level architectural finishes (both interior and exterior), MEP systems, elevators, roofing, exterior curtain wall with unique façade treatment, food service equipment, and theater specialties. Additional requirements for performance include procedures and documentation to ensure compliance with the established LEED building criteria; practices, procedures and documentation related to integrated building commissioning; and experience with the procedures for the use of Building Information Modeling

(BIM).

Firm evaluation and selection will be conducted in accordance with FAR Part 15, Best Value Procurement, utilizing a two-step procurement model. Step One of the RFP will consist of a Continued ...

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

33330224RT0010048

list of prequalifying criteria to assist the agency in identifying those CMc contractors that have demonstrated past specialized experience in comparable and non-comparable CMc projects and other relevant qualifying factors. It is the

Smithsonian's intent to advance the most highly qualified companies for further consideration under Step Two, technical and pricing evaluation of the RFP. Companies which are advanced to Step

Two of the RFP will be evaluated in accordance with the technical criteria as set forth in the

RFP.

The North American Industry Classification Code

(NAICS) for this procurement is 236220 and the size standard under this code is $45 million average annual receipts over the last three years. This announcement is open to all businesses regardless of size. If the selected firm is a large business, a subcontracting plan consistent with PL 95-507, PL 99-661 and PL

100-656 will be required with the final fee proposal. A minimum goal of 40% of the total planned subcontracting dollars shall be placed with small business concerns. At least 10% of total planned subcontracting dollars shall be placed with Small disadvantaged businesses (SDB), including Historically Black Colleges and

Universities or Minority Institutions; 10% with

Women-owned small businesses (WOSB); 7% shall be placed with Hub-zone Small Businesses (HubZone), 7% with Veteran-owned small businesses (VOSB);

and 7% with Service Disabled Veteran-owned small businesses (SDV). The subcontracting plan is required with this submittal. Any prime or joint venture found to be officially notified of non-compliance on past contracts and the non-compliance is outstanding will not be considered for this project. Failure to adequately explain reasons for not meeting previous contract goals may result in a lower overall rating and ultimate non-selection. An approved small business-subcontracting plan will be required prior to award.

Prospective contractors must be registered in the

Systems for Award Management (SAM) prior to award

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

33330224RT0010048

PAGE OF

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

of a contract. Information on registration and annual confirmation requirements may be obtained via the Internet at http://www.sam.gov. Lack of registration in the SAM database will make an offeror ineligible for award.

QUESTIONS/CLARIFICATIONS

It is desired that all questions/clarifications be sent in, sequentially numbered for example first questions 1,2,3, second set of questions 4, 5, 6, etc. in word format to ChanVC@si.edu. It is requested that all questions be sent in no later than 3 PM (EST) on February 14, 2024.

SUBMISSION REQUIREMENTS

Proposals are to be sent as an electronic copy and is required to be submitted to DropBox.com using the link:

https://www.dropbox.com/request/JJQjFNSBrebXJkmi2LuC

Statements of Qualifications (SOQ) must be received no later than 3PM Eastern Time on March

4, 2024, to be considered. Please see the solicitation below for more details regarding submission requirements.

THE PROPOSAL DUE DATE IS MARCH 4, 2024, AT 3:00PM

EST.

Davis Bacon Wage Determination DC20240002 (Building) and DC20240001 (Heavy) shall apply.

Total period of performance for Preconstruction and Construction Services is 36 months from the date of Notice to Proceed.

Period of Performance: 01/22/2024 to 12/30/2027 http://www.sam.gov/ mailto:ChanVC@si.edu https://www.dropbox.com/request/JJQjFNSBrebXJkmi2LuC

Section A – Standard Form SF 1442

Section B - Supplies or Services/Prices

Section C - Description/Specifications

Section D - Packaging and Marking

Section E - Inspection and Acceptance

52.246-12 Inspection of Construction. (APR 1996)

52.246-S0038 Smithsonian Institution Inspection and Acceptance (Jun 2000)

52.246-S0039 Final Inspection and Tests (Jun 2000)

52.246-S0057 Inspection

52.246-S0058 Acceptance

52.246-S5019 Inspection and Tests 52.246-S5020 Smithsonian Institution Witness (Nov 2010)

52.246-S5021 Site Investigation (Nov 2010)

Section F - Deliveries or Performance

52.211-18 Variation in Estimated Quantity. (APR 1984) 52.211-S5022 Commencement, Prosecution, and Completion of Work (Jun 2010) 52.228-S0081 Period of Performance-Bonds & Insurance-Construction

52.236-S0036 Smithsonian Institution's Right to Stop or to Suspend the Work (Jun 2000)

52.246-S0041 Additional Warranties and Guarantees (Jun 2000)

52.247-S0083 Delivery Point

Section G - Contract Administration Data

52.202-S0059 Contract Management

52.202-S0060 Contracting Officer

52.202-S5023 Designation of Contracting Officer’s Technical Representative (Nov 2010)

52.202-S0062 Authorities

52.213-S0094 Application for Payment

Section H - Special Contract Requirements

52.202-S0010 Use of Smithsonian Name (Jun 2000) 52.203-S0004 Advertising of Award Smithsonian Institution 52.215-S0008 Contracting Officer's Technical Representative (Apr 1988)

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

52.222-S5026 Working Hours (Nov 2010)

52.223-S0070 Dissemination of Information

52.223-S5029 Environmental Protection (Nov 2010) 52.236-S0030 Availability and Use of Utility Services (Jun 2000) 52.236-S0031 Use of Site (Jun 2000)

52.236-S5024 Directives, Regulations and Instructions (Nov 2010)

52.236-S0025 Federal Holidays (Nov 2010)

52.236-S5028 Contractor Ingress/Egress (Nov 2010)

52.236-S5030 Area of Contract Operations (Nov 2010)

52.236-S5031 Additional Precautions for Protecting Materials and Equipment in Building and Structures (Nov 2010) 52.239-S5027 Job Site Security (Nov 2010)

52.242-S0020 Historic & Archeological Rights (Jun 2000)

Section I - Contract Clauses

52.203-3 Gratuities. (APR 1984)

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

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

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)

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

52.203-13 Contractor Code of Business Ethics and Conduct. (DEC 2008) 52.203-14 Display of Hotline Poster(s). (DEC 2007)

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

52.204-7 Central Contractor Registration. (APR 2008)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (SEP 2006) 52.215-2 Audit and Records - Negotiation. (MAR 2009) -- Alternate I (MAR 2009)

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data

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

52.215-12 Subcontractor Certified Cost or Pricing Data

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

52.215-14 Integrity of Unit Prices. (OCT 1997) - Alternate I (OCT 1997)

52.215-15 Pension Adjustments and Asset Reversions

52.215-19 Notification of Ownership Changes. (OCT 1997)

52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data -

Modifications. (OCT 1997) - Alternate II (OCT 1997)

52.216-9 Fixed Fee - Construction. (MAR 1997)

52.219-8 Utilization of Small Business Concerns (May 2004) 52.219-9 Small Business Subcontracting Plan. (APR 2008) - Alternate II (OCT 2001)

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

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

52.222-3 Convict Labor. (JUN 2003)

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

52.222-6 Davis-Bacon Act. (JUL 2005)

52.222-7 Withholding of Funds. (FEB 1988)

52.222-8 Payrolls and Basic Records. (FEB 1988)

52.222-9 Apprentices and Trainees. (JUL 2005)

52.222-10 Compliance with Copeland Act Requirements. (FEB 1988)

52.222-11 Subcontracts (Labor Standards). (JUL 2005)

52.222-12 Contract Termination - Debarment. (FEB 1988)

52.222-13 Compliance with Davis-Bacon and Related Act Regulations. (FEB 1988)

52.222-14 Disputes Concerning Labor Standards. (FEB 1988)

52.222-15 Certification of Eligibility. (FEB 1988)

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

52.222-26 Equal Opportunity. (MAR 2007)

52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999)

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

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

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

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

52.222-54 Employment Eligibility Verification. (JAN 2009)

52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) - Alternate I (JUL 1995) 52.223-4 Recovered Material Certification. (May 2008)

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

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

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items

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

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

52.223-15 Energy Efficiency in Energy-Consuming Products. (DEC 2007)

52.225-11 Buy American Act - Construction Materials under Trade Agreements. (AUG 2009) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.227-1 Authorization and Consent. (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007)

52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)

52.228-2 Additional Bond Security (OCT 1997)

52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.228-11 Pledges of Assets. (SEP 2009)

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

52.230-2 Cost Accounting Standards. (OCT 2008)

52.230-3 Disclosure and Consistency of Cost Accounting Practices

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

52.232-16 Progress Payments. (JUL 2009)

52.232-18 Availability of Funds. (APR 1984)

52.232-23 Assignment of Claims. (JAN 1986)

52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration

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

52.236-1 Performance of Work by the Contractor. (SEP 2006) 52.236-2 Differing Site Conditions. (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)

52.236-5 Material and Workmanship. (APR 1984)

52.236-7 Permits and Responsibilities. (NOV 1991)

52.236-8 Other Contracts. (APR 1984)

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

52.236-10 Operations and Storage Areas. (APR 1984)

52.236-11 Use and Possession Prior to Completion. (APR 1984)

52.236-12 Cleaning Up. (APR 1984)

52.236-13 Accident Prevention. (NOV 1991)

52.236-14 Availability and Use of Utility Services. (APR 1984) 52.236-15 Schedules for Construction Contracts. (APR 1984) 52.236-17 Layout of Work. (APR 1984)

52.236-21 Specifications and Drawings for Construction. (FEB 1997) - Alternate I (APR 1984) ……..123

52.236-26 Preconstruction Conference. (FEB 1995)

52.242-1 Notice of Intent to Disallow Costs. (APR 1984) 52.242-13 Bankruptcy. (JUL 1995)

52.242-14 Suspension of Work. (APR 1984)

52.243-4 Changes. (JUN 2007)

52.243-5 Changes and Changed Conditions. (APR 1984)

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

52.245-1 Government Property. (JUN 2007)

52.245-9 Use and Charges. (JUN 2007)

52.248-3 Value Engineering - Construction. (SEP 2006)

52.249-2 Termination for Convenience of the Government (Fixed-Price)

52.249-10 Default (Fixed-Price Construction). (APR 1984) - Alternate I (APR 1984)

52.252-2 Clauses Incorporated by Reference. (FEB 1998) 52.253-1 Computer Generated Forms. (JAN 1991)

52.202-S0003 Definitions (Apr 1988)

52.202-S0012 Specialist (Jun 2000)

52.209-S0042 Subcontractor Eligibility (Jun 2000)

52.215-S0001 Order of Precedence

52.215-S0046 Right to Audit and Preservation of Records (Jun 2000)

52.223-S0019 Asbestos-Containing Materials (Jun 2000)

52.228-S0014 Bid Guarantee and Bonds

52.228-S0015 Contractor's Liability Insurance (Jun 2000)

52.228-S0016 Contractor's Property Insurance (Jun 2000)

52.228-S0017 Insurance (Jun 2000) 52.229-S0043 Taxes (Jun 2000)

52.232-S0005 Interest on Payments

52.232-S0047 Payments and Completion (Jun 2000)

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

52.232-S0065 Progress Payments

52.233-S0006 Disputes

52.236-S0018 Calculation of Equitable Adjustment for Differing Site Conditions (Jun 2000) 52.236-S0021 Execution, Correlation and Intent (Jun 2000)

52.236-S0022 Ownership and Use of Documents (Jun 2000)

52.236-S0023 Shop Drawings, Coordination Drawings and Schedules (Jun 2000)

52.236-S0026 Supervision and Construction Procedures (Jun 2000)

52.236-S0027 Superintendent (Jun 2000) 52.236-S0028 Coordination of the Work (Jun 2000) 52.236-S0029 Construction Procedures (Jun 2000)

52.236-S0033 Smithsonian Institution's Right to Clean Up (Jun 2000)

52.236-S0034 Conditions Affecting the Work (Jun 2000)

52.236-S0035 Work by the Smithsonian Institution or by Separate Contractors

52.236-S0037 Smithsonian Institution's Right to Carry Out the Work (Jun 2000)

52.236-S0052 Correction of Work (Jun 2000)

52.236.S0072 Nonpayment for Additional Work

52.243-S0044 Equitable Adjustments (Jun 2000)

52.243-S0045 Pricing of Adjustments (Jun 2000)

52-244-S0013 Subcontractors (Jun 2000)

52.245-S0071 Responsibility for Smithsonian Property

52.246-S0040 Warranty Definitions

52.249-S0048 Delays and Extensions of Time (Jun 2000)

52.249-S0049 Non-Compliance with Contract Requirements (Jun 2000)

52.249-S0050 Termination for Convenience of the Smithsonian Institution (Jun 2000)

52.250-S0073 Indemnification

52.252-S0011 Notice of Deviation in Clauses (Jun 2000) 52.236-S5003 Construction Services-Reimbursibles (Aug 2010)

52.236-S5004 Contractor Services during Construction (Aug 2010)

52.236-S5006 Construction Cost Limit (Aug 2010)

52.236-S5007 Guaranteed Maximum Price (Construction) (Aug 2010)

52.236-S5008 Fee Proposal Review (Aug 2010) 52.236-S5009 Disallowance of Costs (Aug 2010)

52.236-S5010 Examination of Cost Limit (Aug 2010)

52.236-S5011 Invoices (Aug 2010)

52.236-S5012 Allowable Cost and Payment Aug 2010)

52.236-S5013 Payment (Cost Reimbursable Contract) (Aug 2010)

52.236-S5014 Travel and Subsistence (Construction-Guaranteed Maximum Price (Aug 2010) ………166

52.236-S5015 Changes (Comp-GMP)(Aug 2010)

52.211-S5070 Damages for Delay

Section J - List of Documents, Exhibits and Other Attachments

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

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions

52.204-5 Women-Owned Business (Other Than Small Business). (MAY 1999)

52.209-5 Certification Regarding Responsibility Matters. (DEC 2008)

52.219-1 Small Business Program Representations. (MAY 2004)

52.222-22 Previous Contracts and Compliance Reports. (FEB 1999)

52.222-38 Compliance with Veterans' Employment Reporting Requirements. (DEC 2001)

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan--Certification

52.230-1 Cost Accounting Standards Notices and Certification. (OCT 2008)

52.230-7 Proposal Disclosure--Cost Accounting Practice Changes. (APR 2005)

52.236-28 Preparation of Proposals - Construction. (OCT 1997)

52.215-S0069 Contractor's Authorized Representative

52.215-S0002 Authorized Negotiators (Apr 1984)

52.215-S0063 Key Personnel

Section L - Instructions, Conditions, and Notices to Bidders

52.204-6 Unique Entity Identifier. (OCT 2016)

52.207-1 Notice of Standard Competition. (MAY 2006)

52.211-6 Brand Name or Equal. (AUG 1999)

52.215-1 Instructions to Offerors - Competitive Acquisition

52.215-16 Facilities Capital Cost of Money

52.216-1 Type of Contract. (APR 1984)

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999)

52.225-12 Notice of Buy American Act Requirement - Construction Materials under Trade Agreements.

(FEB 2009)

52.252-1 Solicitation Provisions Incorporated by Reference

52.233-2 Service of Protest (SEP 2006) 52.236-27R Site Visit (Construction) Alternate 1. (FEB 1995)

52.219-S0097 Small Business Subcontracting Plan

PROPOSAL PREPARATION INSTRUCTIONS

VOLUME I QUALIFICATION STATEMENT PACKAGE

VOLUME II TECHNICAL MANAGEMENT PLAN

VOLUME III - COST PROPOSAL Schedule of Values and Contract Price

VOLUME IV – SMALL BUSINESS SUBCONTRACTING PLAN

52.219-S0097 Small Business Subcontracting Plan

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

Section M - Evaluation Factors for Award

52.215-S0095 Basis of Award (JUN 2009)

52.217-5 Evaluation of Options (JUL 1990)

Two-Step Process for Selection of CMc

Contract Award and Proposal Evaluation

Section B - Supplies or Services/Prices

PRICE PROPOSAL

ITEM DESCRIPTION AMOUNT

0001 Pre-Construction Services BLC (Fixed Fee) Lump Sum $

0002 Estimated General Conditions (included in 0003)

See below

0003 Construction Services – BLC - verification of total $

Additional pricing information:

Construction Services Fixed % Profit/Fee % fee

Estimated General Conditions Item #0002 $

Certification of Smithsonian Institution Furnished CCL and Period of Performance (completion within 36 months after receiving Notice to Proceed)

The contractor hereby certifies that the estimated GMP for the project can be accomplished within the Smithsonian Institution furnished construction cost limit of $76,000,000.00 and the contractor certifies that all work can be accomplished within the specified period of performance.

Name Date

Title

Attach a detail cost break down and schedule to validate this certification.

Smithsonian Institution Bezos Learning Center 33330224RT0010048 Page 11 of 194

Notes:

1. The CMc shall base their fixed fee Pre-construction Services (Line Item 0001) on the Construction Cost Limit (CCL) of $76,000,000, for that portion of the construction of the National Air and Space Museum (NASM) Bezos Learning Center (BLC).

2. The CMc shall base their Construction Services (Line Item 0003) on the Construction Cost Limit (CCL) of $76,000,000 for that portion of the construction of the NASM BLC.

3. Only offers that certify the estimated GMP within the CCL of $76,000,000 and period of performance will be considered for further evaluation.

4. Pre-construction Services lump sum and Construction Services fixed % Profit/Fee form the basis for price evaluation, selection, and award.

5. Only Line Items 0001 and will be awarded at the time of award.

6. Line Item 0003 is for cost verification purposes only.

7. Offerors may provide up to fifteen (15) pages of back-up information supporting the costs shown on the Price Proposal Forms (Section B Pricing). The forms and back-up supporting cost sheets shall be provided with the CMc’s Section K, Completed RFP Proposal (see attachment J.10 Pricing Package).

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CMc Pre-Construction Services Reporting Form

ITEM 0001

CONSTRUCTION COST LIMIT (CCL) Bezos Learning Center - $76,000,000 Pre-construction Services Fees Price

1 Constructability Reviews

2 Reviewing and reconciling cost estimates.

3 Preparing cost estimates.

4 Controlling schedules.

5 Keeping records.

6 Reporting on progress.

7 Problem resolution.

8 Participating & Coordinating w/AE on VE exercises.

9 LEED process.

10 Mock-ups.

11 Participate in design/construction collaboration with A-E.

12 Participate in regularly scheduled meeting, including Travel & Per Diem.

13 Review specifications and drawings for bid efficiency and clarity.

14 Informal Partnering

15 Performing administrative and other services as defined in this scope of work.

16 Monitor/Schedule SI & Utility Approvals

17 Market Survey of Material and Labor Availability

18 Advise Coordinate with Exhibit provider

19 Participate in BIM

20 Establish allowances

21 Provide personnel

22 Recommend long lead items

23 Other (Specify) 24 Other (Specify)

Total Pre-Construction Services Fee TOTAL $ -

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CMc Construction Services General Conditions Reporting Form Item 0002

Estimated General Conditions Price

1 Bond cost, permit fees, bid guarantees

Contractors Liability Insurance / umbrella excess liability

3 Builders Risk Insurance / Property Insurance 4 Scheduling 5 CMc's employee costs at the site office (Staff) 8 Field offices, trailers, sheds, storage 9 Project site office supplies 10 Vermin, pest, and rodent control

Temporary heat & winter weather protection / Sanitary facilities

12 Temporary facilities /utilities for A/E and SI 13 Travel & relocation costs

Barriers, barricades, and walkways including site perimeter fence and protection. Dust / Air quality control

15 Vertical transportation / material /personnel 16 General security requirements

Cleaning up during construction – trash and debris control and removal

18 Janitorial Services for CMc, A-E & SI Offices

Site access and property control – material, storage, & parking

20 Progress photos and videos.

21 Project site signs.

22 Safety 23 Building Information Modeling (BIM) 24 Telephone Service and Internet Access 25 All permits / fees incidental to the work 26 Other (specify):

27 Other (specify):

Total Estimated General Conditions (insert in item 0003)

Price:

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CMc Verification of Construction Costs Item 0003 Bezos Learning Center

CONSTRUCTION COST LIMIT(CCL) - $76,000,000

Verification of Construction Costs

SUBTOTAL TOTAL

SUBSTRUCTURE

- Foundations

SUPERSTRUCTURE

- Framing

EXTERIOR ENCLOSURE

- Exterior Walls

- Exterior Glazing and

Doors

- Roofing

INTERIOR CONSTRUCTION

- Partitions doors and specialties

- Interior finishes

CONVEYANCE

SYSTEMS

- Conveyance systems

MECHANICAL

- Plumbing

- HVAC

FIRE PROTECTION

- Fire protection / alarm

ELECTRICAL

- Electrical service, distribution, and emergency power

- Lighting and Branch

- Communication, security and other electrical

EQUIPMENT AND FURNISHINGS

- Equipment and furnishing

SPECIAL CONSTRUCTION

- Special Construction

SITEWORK

- Site Work Building

- Other site work – project related

CONTINGENCIES / ALLOWANCES

TOTAL DIRECT COSTS

LEED Gold Certification (Design elements and GC Costs)

GC GENERAL CONDITIONS & OVERHEAD

GC fee (profit)

Total Verification of Construction Costs

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B.1 GENERAL INTENTION

It is the intention of this solicitation to select a highly qualified construction contractor to construct the National Air and Space Museum Bezos Learning Center and Observatory and Astronomy Park in Washington D.C. The contract will use the Construction Manager at Risk (CMc) approach, wherein the CMc will be required to perform both pre-construction services as well as construction services. The firm for this contract will be competitively selected using negotiated procurement procedures in accordance with FAR Part 15 and Section M of this solicitation.

B.2 CONTRACT TERM

The Smithsonian Institution anticipates that this contract will remain in effect for a period of no more than 36 months, depending on the availability of construction funding and final construction schedule.

B.3 ANTICIPATED AWARD PERIOD

The Smithsonian Institution (SI) anticipates an award resulting from this solicitation approximately August 2024. The SI does not guarantee award within this period, nor shall the SI be liable for any costs should award occur before or after this period.

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Section C - Description/Specifications

C.1 Definitions Definitions. The following definitions shall apply:

1. “Construction Contingency” is the component of the GMP intended to provide contingency for unanticipated construction costs.

2. “Construction Contingency Costs” means costs, excluding overhead, and profit of the CMc attributable to the following:

A. Resolution of Errors and Omissions;

B. Resolution of constructability issues;

C. Subcontract adjustments necessary to resolve coordination issues and/or conflicts between trade contractors and suppliers;

D. Variances between the GMP and the Cost of the Work established through the award of subcontracts;

E. Other items as may be agreed to by the Contracting Officers Technical Representative

(COTR) and the CMc.

3. “Construction Service” means all work and services, including general conditions, contingency, and construction fee necessary for the construction of the project described by the plans, specifications and other provisions incorporated into this Contract, excluding Pre-Construction Services.

4. “Continuation of Design” means elements of work that are either not drawn or specified or require further development of the construction documents by the A-E that are consistent with the Construction Documents (CD’s) and are reasonably inferable from them. The CMc agrees that the scope of the GMP includes work not expressly indicated on the Contract Documents, but which is reasonably inferable from the Contract Documents or consistent therewith, and such work shall be performed by the CMc without any increase in the GMP. Example A: The 65% design documents show the size, location and configuration of a chiller; however, the documents do not reflect a floor drain or show the power source to the pump. The CMc should infer that a drain and power are required. Example B: If an elevator plan reflects that a pit drain is required however there is no indication where the drain connects, the CMc should include costs for draining to the nearest logical drain connection point. Example C: If a lab area requires a sink, however the plumbing documents do not reflect domestic hot and cold water, the CMc should infer that this requirement exists and include costs for supplying hot and cold water from the nearest logical source. After award of the Construction Service portion of the work, no equitable adjustments would be allowed to add these or similar examples into the project.

6. “Cost of the Work” means the costs incurred by the CMc in the performance of the

Construction Service and the CMc covenants and agrees to use its best efforts to achieve the lowest price or cost reasonably available and consistent with the Contract Documents for all Cost of Work items.

7. “Costs” means allowable costs in accordance with Part 31 of the Federal Acquisition

Regulation (FAR) in effect on the date of this contract. ―Costs shall be direct cost of amounts actually paid by a CMc to its subcontractors and vendors for work performed by subcontractors and contractor purchase orders. Said costs shall be invoiced at actual prices, including any available trade and quantity discounts.

8. “Pre-Construction Service” means the construction management services, provided in support of the A-E design services, including constructability reviews and other related services as described in the scope of work.

9. “Construction Cost Limit” (CCL) means the SI’s upper limit of the construction cost including cost of the work, fees, and contingencies and preconstruction services.

10. “Fee” means the fixed amount established in the contract price schedule for overhead, profit.

Smithsonian Institution Bezos Learning Center 33330224RT0010048 Page 17 of 194 and commission for the Construction Service work. This amount is subject to equitable adjustment.

11. “Guaranteed Maximum Price” (GMP) means the maximum amount the SI will pay for the performance of the Construction Services. The GMP is subject to equitable adjustment (including any additions and/or reductions in the scope of work) only if allowed under any other clause of this Contract and not excluded by the Construction Contingency.

12. “Architect-Engineer (A-E)” is the team of architects, engineers and other consultants known as Perkins & Will (P+W).

13. “Construction Documents” are composed of the contract documents, construction drawings, specifications, all addenda issued prior to the acceptance of the GMP.

14. “Buyout” is when the CMc converts the allowance to GMP executed as a contract modification.

C.2 Scope of work

C.2.1 Background.

1. Project Description. In 1958, President Eisenhower authorized the initial plans for the National Air and Space Museum (NASM) to be at its current location on the National Mall. Hellmuth, Obata, and Kassabaum (HOK) designed the approximately 687,000 Gross Square Foot (GSF) facility and Gilbane managed its construction under a GSA contract, completing it in time to open to the public on July 1, 1976, as a part of the Nation’s Bicentennial celebrations.

2. As part of a major revitalization project, the NASM National Mall Building (NMB) is currently undergoing construction that is rehabilitating the museum facility’s major systems, particularly its Heating, Ventilation and Air Conditioning (HVAC) systems, life safety systems, and the roof and building envelope. In addition, a thorough renovation of the interior galleries, concourse and entrance halls, the exterior terraces and vestibules are included in the overall project scope. These efforts are in two

(2) phases to allow for continual, partial operation of the museum throughout the project. During the second phase of the Revitalization project, access to the east end of the site is to be closed off to allow for safe construction and renovation efforts within and around that section of the NMB. The 2013 NASM Facilities Master Plan features plans for a new facility at the east end of the NMB, featuring a restaurant combined with an Education Center. The prospective start of construction of this new addition would commence during the revitalization efforts within the eastern section of the NMB, when that portion of the building would be closed to the public.

3. On July 14, 2021, the Smithsonian Institution (SI) announced that it would be receiving the largest philanthropic gift since its founding, a donation of $200 million from Mr. Jeff Bezos. A portion of the gift supports the exhibit construction within the NASM-NMB, and the bulk of the gift provides for the construction and operations of a “world class center for education based at NASM.” The new Bezos

Learning Center (BLC) will be a pan-Institutional resource that will be overseen by the NASM Director and the Associate Director for Education and Visitor Experience. A primary focus of its programs shall reach underserved communities in Washington, DC and across the nation, both at the site of the new facility and virtually through remote capabilities, as the Center will employ the latest technological resources and developments available. Other ancillary programming will take place within and surrounding the facility, such as a 600- to 700-seat quick-service (fast casual) restaurant accessible from the Museum’s main level as well as an Astronomy Park and Observatory on the East Terrace. The permanent installation of the currently temporary Phoebe Waterman Haas Public Observatory shall be addressed as an integral part of the overall BLC project efforts.

4. Construction Manager at Risk (CMc) Scope. The SI intends to use the CMc project delivery method to construct the NASM BLC. The SI Architect-Engineer Services for the design of the facility will remain as a separate contract. The CMc is expected to begin their Pre-Construction Services early in the design phase, with review of schematic at the beginning of the 35% Design Development. The Construction Services of the project may begin after issuing of a NTP for each activity and agreed to by the SI. SI intends to negotiate and award a GMP when the overall project is at 100% design. The CMc may

Smithsonian Institution Bezos Learning Center 33330224RT0010048 Page 18 of 194 also be required to issue and manage early packages of work prior to the issuing of the GMP. These packages may include, site work, utility work, slurry wall, excavation, and foundations. In addition, the CMc may be required to develop early release packages for such work as steel fabrication. This RFP also requires the Contractor to provide related management and inspection services, warranties, and guarantees.

Upon completion, acceptance, and occupancy of the facility, the SI will become responsible for providing services, supplies, utilities, and maintenance of the premise, including capital expenditures and reserves, not covered under the required warranties and guarantees. Under this contract the CMc will function as a collaborative member of the project team and shall be an active participant in Pre-Construction by providing expertise throughout the design phases, including 65%, 95% and 100% Construction Documents (e.g., providing estimates, performing constructability reviews, providing and reviewing design mockups, etc.). The CMc is responsible for all construction, construction supervision, and inspections. The services requested of the CMc shall cover a wide range of design and construction activities which are often performed by both Construction Managers and General Contractors. The CMc must provide a team with the appropriate expertise and capacity to ensure services needed support design phase activities and construct the NASM BLC within the established budget and by the target opening date. The CMc shall provide sound construction management consultation regarding the approach to the project, how to achieve the best value in the work being accomplished, schedule control, alternative ideas, problem prevention, and budgeting and cost control. The CMc shall have a full understanding of the project, its contract documents, and the principles of Federal construction contracting and contract administration. Most importantly, the CMc is responsible for the construction of the NASM BLC and must coordinate with separate SI contracts needed to furnish and outfit exhibits and other building furnishings. The CMc will be contractually bound to pay for all costs that exceed the Guaranteed Maximum Price (GMP) except for costs incurred due to actions of SI that result in increase in project scope and costs. This RFP is issued by the SI, to obtain the services of a CMc who will be singularly responsible to satisfy the terms of the resulting contract. The documents issued with this solicitation are provided to allow the CMc to price their General Requirements and Fee for the Pre-Construction and Construction Services. The anticipated contractor schedule of deliverables listed in Section J #3 indicates the projected milestones for each phase of design and construction.

C.2.2 Construction Manager (CMc), Guaranteed Maximum Price (GMP) Contract

a) General. There are two components of work to be performed under this contract: Pre-

Construction Services and Construction Services. The CMc is required to complete the Pre- Construction Services for the lump sum price set forth in the price schedule. The Construction Services shall be determined by the CO and the CMc through negotiation of the GMP. If the SI and the CMc agree upon a GMP within the CCL, the SI will award the Construction Services work and the CMc will be required to complete the Construction Services within the GMP. After negotiation and acceptance of the GMP, the CMc shall not be entitled to additional compensation exceeding the GMP unless the SI adds additional scope.

b) Construction Contingency. A component or line item in the schedule of values within the GMP, mutually agreed upon by the CMc and the Contracting Officer. The Construction Contingency shall be realistic to successfully build the project within the GMP. The CMc shall maintain a cumulative accounting of construction contingency funds. Each allocation of the Construction Contingency by the CMc shall be reflected (with a narrative explanation) on the respective Application for Progress Payment for the period during which the CMc makes such allocation and application. Use of the contingency shall be by written consent of the COTR. Any portion of the Construction Contingency remaining unallocated at Final Completion shall be adjusted per the shared savings clause.

c) Conditions for Award of the Construction Service Work. The CO is under no obligation to award the Construction Services. The Construction Services may be awarded upon acceptable completion of the Pre-Construction Services and/or establishment of the GMP. The SI will award the Construction Service after agreement of the GMP. In the event the SI decides not to award the Construction Services to the CMc, for whatever reason, the SI may restrict the subsequent competition to exclude the awardees of this contract as an Offeror or as a teaming partner with any other Offeror. In the follow-on procurement, the SI may use, incorporate, and/or make available any information, documents, and/or concepts derived, submitted, or otherwise provided to the SI by the CMc in connection with the Design Services.

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d) Early Construction Services Packages. Prior to establishing final GMP at 100% design submission, the CO may negotiate early construction packages in the critical path to meet the project scheduled completion date. These Construction Services packages shall be awarded by the CO as modifications to the base award.

e) Conversion to a Firm-Fixed Price Contract Prior to Final Settlement. At any time prior to final settlement, the Contracting Officer may request that the CMc provide a firm-fixed price proposal for the Construction Services work. The price shall include all markups including profit.

Within 60 calendar days of request, the CMc shall provide such a proposal. Within 60 days of receipt of the proposal, the Contracting Officer shall have the right to convert the contract to a firm-fixed price contract at the offered price or as otherwise negotiated by the parties to the Contract, so long as such price is less than or equal to the GMP. If the parties to this contract negotiate and establish a firm-fixed price prior to the award of the Construction Service Work, then the Contracting Officer shall have the right, but not the obligation, to award the firm-fixed price within 120 calendar days of the establishment of that price. If the Contract is not converted to a firm-fixed price contract, then the Final Settlement of the Contractor’s compensation shall be determined in accordance with paragraph (f) below, Determination of Final Settlement.

f) Determination of Final Settlement.

1. Proposal for the Cost of the Work: The CMc shall submit a Final Settlement Proposal within

120 days of substantial completion to determine the Cost of the Work. The proposal shall consist of:

A. A detailed statement of all costs incurred by the CMc in performing the Construction

Service work;

B. A firm-fixed price proposal for the performance of the remaining work, if any, that may be necessary to complete performance of all work required under the Contract;

C. A list of inventory retained by the CMc and its residual value;

D. An executed Release of Claims, which must describe any and all exceptions, including a description of any outstanding claims; and E. Any other relevant data that the Contracting Officer may reasonably require.

2. Determination of the Cost of the Work. The Contracting Officer shall evaluate the above data submitted by the CMc and may require an audit of the CMc’s records and/or the Contractor’s Final

Settlement Proposal. The Contracting Officer shall negotiate the Cost of the Work with the CMc. The Cost of the Work shall include a firm-fixed price for the remaining work and exclude the residual value of CMc retained inventory. In the event that the parties are unable to reach agreement, the Contracting Officer shall unilaterally determine the Cost of the Work.

3. Final Settlement. The Final Settlement amount shall consist of the Cost of Performance, if less than the GMP. This Final Settlement amount shall be the CMc’s total compensation due under the

Contract and will be evidenced by a contract modification.

g) Subcontracts. No subcontract placed under this Contract may provide for cost-plus-a-percentage of cost. Any costs incurred by the CMc as a result of such a subcontract shall not be included in the Cost of the Work or the Final Settlement. Nothing herein prohibits or prevents the CMc from using any contract type with its subcontractors otherwise allowable under Part 16 of the FAR.

h) Termination. If this Contract is terminated, the CMc is not entitled to Shared Savings.

i) Guaranteed Maximum Price Proposal.

1. When the overall design is at 100% complete during the construction document phase, or as determined by the Contracting Officer, the CMc shall propose a GMP which shall be the sum of Construction Services consisting of estimated cost of the construction work including general conditions, construction contingency and allowances, and the CMc’s previously accepted fees for Construction

Services. The GMP proposal will be negotiated with the CO and must not exceed the Construction Cost Limit (CCL) to the SI.

2. After negotiations, the GMP will not be adjusted unless a change of scope has occurred requiring an upward or downward equitable adjustment.

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3. Shared Savings for Guaranteed Maximum Price Contract

If the actual cost of the Work is less than the GMP as adjusted for changes in the Work, then savings will be achieved.